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Home My WebLink About2013-08-05-Ordinance 2737_Rezoning, Fox Creek EstatesORDINANCE NO.2737 AN ORDINANCE TO AMEND CHAPTER 300, ZONING ORDINANCE, CITY OF WAUKEE, IOWA BY REZONING AND CHANGING CERTAIN PROPERTY THEREIN FROM R-1 [SINGLE FAMILY RESIDENTIAL DISTRICT], R-3A [OWNER OCCUPIED MULTI- FAMILY RESIDENTIAL DISTRICT]/PD-1 [PLANNED DEVELOPMENT OVERLAY], R-4 [ROW DWELLING & TOWNHOME DWELLING DISTRICT], C-lA [NEIGHBORHOOD COMMERCIAL DISTRICT] AND C-lA [NEIGHBORHOOD COMMERCIAL DISTRICT]PD- 1 [PLANNED DEVELOPMENT OVERLAY] TO R-2 [ONE AND TWO FAMILY RESIDENTIAL DISTRICT], R-3 [RENTAL MULTI -FAMILY RESIDENTIAL DISTRICT] AND C-IA [NEIGHBORHOOD COMMERCIAL DISTRICT]; AND AMEND THE OFFICIAL ZONING MAP TO SHOW REZONING (FOX CREEK ESTATES SUBDIVISION) BE IT ORDAINED by the Council of the City of Waukee: Section 1. Section 301.4 of Chapter 301, Waukee Municipal Code, Zoning Ordinance of the City, adopting the Official Zoning Map, is hereby amended by changing the following real estate from R-1 (Single Family Residential District), RA (Row Dwelling and Townhome Dwelling District), R-3A (Owner Occupied Multi -Family Residential District)/PD-1 (Planned Development Overlay), C-IA (Neighborhood Commercial District)/PD-1 (Planned Development Overlay) and C- IA (Neighborhood Commercial District) to R-2 (One and Two Family Residential District), legally described as follows: R-2 REZONING DESCRIPTION A PART OF THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE FIFTH PRINCIPAL MERIDIAN AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER; THENCE SOUTH 0003'22" EAST ALONG THE EAST LINE OF SAID NORTHWEST QUARTER, 535.86 FEET; THENCE SOUTH 89°31'56" WEST, 334.60 FEET; THENCE WESTERLY ALONG A CURVE CONCAVE NORTHERLY WHOSE RADIUS IS 2155.02 FEET, WHOSE ARC LENGTH IS 1059.33 FEET AND WHOSE CHORD BEARS SOUTH 84046'44" WEST; 1048.70 FEET; THENCE SOUTH 89031'56" WEST, 245.82 FEET; THENCE SOUTH 0°28'04" EAST, 271.27 FEET; THENCE SOUTH 89031'56" WEST, 58.31 FEET; THENCE SOUTH 2054'11" WEST, 530.30 FEET; THENCE EASTERLY ALONG A CURVE CONCAVE SOUTHERLY WHOSE RADIUS IS 3000.03 FEET, WHOSE ARC LENGTH IS 135.95 FEET AND WHOSE CHORD BEARS SOUTH 81011'34" EAST, 135.94 FEET; THENCE EASTERLY ALONG A CURVE CONCAVE NORTHERLY WHOSE RADIUS IS 3000.03 FEET, WHOSE ARC LENGTH IS 1599.47 FEET AND WHOSE CHORD BEARS NORTH 84049'54" EAST, 1580.60 FEET TO SAID EAST LINE OF SAID NORTHWEST QUARTER; THENCE SOUTH 0°03'22" EAST ALONG SAID EAST LINE, 438.48 FEET TO THE NORTHEAST CORNER OF FOX CREED ESTATES PLAT 4, AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA; THENCE SOUTH 57°56'43" WEST ALONG THE NORTHERLY LINE OF SAID PLAT 4,801.74 FEET; THENCE SOUTH 82026'31" WEST ALONG SAID NORTHERLY LINE, 70.23 FEET; THENCE SOUTHERLY ALONG SAID NORTHERLY LINE ALONG A CURVE CONCAVE WESTERLY WHOSE RADIUS IS 25.00 FEET, WHOSE ARC LENGTH IS 3.49 FEET AND WHOSE CHORD BEARS SOUTH 11004'53" EAST, 3.49 FEET; THENCE SOUTHERLY ALONG SAID NORTHERLY LINE ALONG CURVE CONCAVE WESTERLY WHOSE RADIUS IS 465.00 FEET, WHOSE ARC LENGTH IS 57.45 FEET AND WHOSE CHORD BEARS SOUTH 3032-22" EAST, 57.41 FEET; THENCE SOUTH 000'0" EAST ALONG SAID NORTHERLY LINE, 55.79 FEET TO THE NORTHEAST CORNER OF LOT 1 OF SAID PLAT 4; SOUTH 89°31'25" WEST ALONG SAID NORTHERLY LINE, 1644.17 FEET; THENCE NORTH 0°28'35" WEST ALONG THE NORTHERLY LINE OF FOX CREEK ESTATES PLAT 2, AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, 43.20 FEET; THENCE SOUTH 89°31'49" WEST ALONG SAID NORTHERLY LINE, 199.68 FEET TO SAID RIGHT OF WAY; THENCE NORTH 0°0'55" EAST ALONG SAID RIGHT OF WAY, 319.99 FEET; THENCE NORTH 89°31'25" EAST, 503.17 FEET; THENCE NORTH 0038'07" WEST, 677.19 FEET; THENCE NORTH 0°30'50" WEST, 105.60 FEET; THENCE NORTH 4056'32" EAST, 94.04 FEET; THENCE NORTH 13°06'45" EAST, 94.04 FEET; THENCE NORTH 20°37'40" EAST, 88.84 FEET; THENCE NORTH 22°18'41" EAST, 79.51 FEET; THENCE NORTH 15014'39" EAST, 73.00 FEET; THENCE NORTH 3°15'54" EAST, 74.93 FEET TO THE SOUTHEAST CORNER OF THE WEST 658.75 FEET OF THE NORTH 661.25 FEET OF SAID NORTHWEST QUARTER; THENCE NORTH 0°0'55" EAST ALONG THE EAST LINE OF SAID WEST 658.75 FEET OF THE NORTH 661.25 FEET OF SAID NORTHWEST QUARTER, 668.32 FEET TO THE NORTH LINE OF SAID NORTHWEST QUARTER; THENCE NORTH 89032'02" EAST ALONG SAID NORTH LINE, 1978.07 FEET TO THE POINT OF BEGINNING AND CONTAINING 74.15 ACRES (3,230,147 SQUARE FEET). Section 2. Section 301.4 of Chapter 301, Waukee Municipal Code, Zoning Ordinance of the City, Adopting the Official Zoning Map, is hereby amended by changing the following real estate from C-lA (Neighborhood Commercial Dist ict)/PD-1 (Planned Development Overlay) to R-3 (Rental Multi -Family Residential District), legally described as follows: R-3 REZONING DESCRIPTION A PART OF THE WEST HALF QUARTER OF THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE FIFTH PRINCIPAL MERIDIAN AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID NORTHWEST QUARTER; THENCE NORTH 89033'12" EAST ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, 50.00 FEET TO THE EAST RIGHT OF WAY LINE OF WARRIOR LANE; THENCE SOUTH 0°00'55" WEST ALONG SAID RIGHT OF WAY LINE, 106.40 FEET TO THE POINT OF BEGINNING; THENCE NORTH 85°08'19" EAST, 234.54 FEET; THENCE EASTERLY ALONG A CURVE CONCAVE SOUTHERLY WHOSE RADIUS IS 3000.03 FEET, WHOSE ARC LENGTH IS 263.62 FEET AND WHOSE CHORD BEARS NORTH 87°39'22" EAST, 263.54 FEET; THENCE SOUTH 0°38'07" EAST, 541.73 FEET; THENCE SOUTH 89°31'25" WEST, 503.17 FEET TO SAID RIGHT OF WAY LINE; THENCE NORTH 0°00'55" EAST ALONG SAID RIGHT OF WAY LINE, 515.22 FEET TO THE POINT OF BEGINNING AND CONTAINING 6.11 ACRES (266,190 SQUARE FEET). Section 3. Section 301.4 of Chapter 301, Waukee Municipal Code, Zoning Ordinance of the City, Adopting the Official Zoning Map, is hereby amended by changing the following real estate from R-4 (Row Dwelling and Townhome Dwelling District) to C-IA (Neighborhood Commercial District) legally described as follows: C-IA NEIGHBORHOOD COMMERCIAL DESCRIPTION A PART OF THE WEST HALF QUARTER OF THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE FIFTH PRINCIPAL MERIDIAN AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE WEST 658.75 FEET OF THE NORTH 661.25 FEET OF SAID NORTHWEST QUARTER; THENCE SOUTH 0°0'55" WEST, 7.05 FEET; THENCE SOUTH 3015'54" WEST, 74.93 FEET; THENCE SOUTH 15°14'39" WEST, 73.00 FEET; THENCE SOUTH 22018'41" WEST, 79.51 FEET; THENCE SOUTH 20°37'40" WEST, 88.84 FEET; THENCE SOUTH 13006'45" WEST, 4160 FEET; THENCE NORTH 0'28'04" WEST, 10:59 FEET; THENCE SOUTH 89031'56" WEST, 513.94 FEET TO THE EAST RIGHT OF WAY LINE OF WARRIOR LANE; THENCE NORTH 0°0'55" EAST ALONG SAID RIGHT OF WAY, 340.10 FEET TO THE SOUTH LINE OF SAID WEST 658.75 FEET OF THE NORTH 661.25 FEET OF THE NORTHWEST QUARTER; THENCE NORTH 89°32'02" EAST ALONG SAID SOUTH LINE, 608.77 FEET TO THE POINT OF BEGINNING AND CONTAINING 4.47 ACRES (194,536 SQUARE FEET). Said parcels to be referred to as FOX CREEK ESTATES. Section 4. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5. Severability Clause. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional. Section 6. Effective Date. This ordinance shall be in effect upon its final passage, approval and publication as provided by law. Passed by the City Council of the City of Waukee, Iowa, this 5'11 day of August, 2013, and approved this 5t1' day of August, 2013. �llia F. Peard, Ma or Attest: Rebecca D. Schuett, City Clerk