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Home My WebLink About2013-10-21-Ordinance 2748_Rezoning, Parkview Crossing Plat 11ORDINANCE NO.2748 AN ORDINANCE TO AMEND CHAPTER 300,ZONING ORDINANCE,CITY OF WAUKEE, IOWA BY REZONING AND CHANGING CERTAIN PROPERTY THEREIN FROM R-3 [RENTAL MULTI-FAMILY RESIDENTIAL DISTRICT]TO R-2 [ONE AND TWO FAMILY RESIDENTIAL DISTRICT]AND PD-1 [PLANNED DEVELOPMENT OVERLAY DISTRICT];AND AMEND THE OFFICIAL ZONING MAP TO SHOW REZONING (P ARKVIEW CROSSING PLAT 11 SUBDIVISION) BE IT ORDAINED by the Council ofthe 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-3 (Rental Multi-Family Residential District)to R-2 (One and Two Family Residential District)and PD-l (Planned Development District),legally described as follows: LOT 111 OF P ARKVIEW CROSSING PLAT 6,AN OFFICIAL PLAT RECORDED IN BOOK 2005,PAGE 166 AT THE DALLAS COUNTY RECORDER'S OFFICE,CITY OF WAUI<EE, DALLAS COUNTY,IOWA CONTAINING 5.31 ACRES AND THE ADJACENT EAST HALF OF SE P ARKVIEW CROSSING DRIVE RIGHT OF WAY AND TE-IEADJACENT SOUTH HALF OF SE PLEASANT VIEW DRIVE RIGHT OF WAY A PARCEL TO BE KNOWN AS P ARKVIEW CROSSING PLAT 11. Section 2.Plmmed Development Agreement.Attached hereto as Exhibit A is the Planned Development Agreement which shall define the minimum standards and requirements of the PD-l [Planned Development Overlay District]pertaining to the above legally described property. Section 3.Repealer.All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4.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 5.Effective Date.This ordinance shall be in effect upon its final passage,approval and publication as provided by law. Attest: Rebecca D.Schuett,City Clerk 1\ 11111111111111/1111/11 11111111111111111111 11111111111111111111111/111111111111/111111/111111111 Book 2013 Page 21196 Documnnt 21196 T~p.AGMNT Peges 7Dmte11/20/2013 Time 9:32 AMRecAmt137.00 MTG - PCRF- BKRF- ODD -ole - Ch_d Airhert.RecorderDsllmsCount~IOWA ""/111/1111/1111111/11111"111111 WHEN RECORDED RETURN TO; Rebecca Schuett Waukee City Clerk 230 Highway 6 Waukee,Iowa 50263 Preparer information:Brad Deets,City of Waukee,230 Highway 6,Waukee,Iowa 50263 Phone (515)987-4522 PLANNED DEVELOPMENT AGREEMENT This Plan~ed Development Agreement (the "Agreement")is made and entered into this ~day of Ot\il\:lcr ,2013,by and between the CITY OF WAUKEE,IOWA,a municipal corporation (the "City"),and JERRY'S HOMES,INC.,an Iowa corporation (the "Developer"). WHEREAS,Developer is the present owner of certain real property located within the corporate limits of the City,which property is legally described on Exhibit "A"attached hereto (the "Property");and WHEREAS,the Developer has developed and submitted to the City a master development plan ("Development Plan")for developing the Property as a single family residential subdivision (the "Project");and WHEREAS,in order to develop the Property in accordance with the Development Plan, the City and Developer desire that the Property be rezoned,prior to development,to a combination of R-2 (One and Two Family Residential District)and PD-I (Planned Development District Overlay)zoning districts,in accordance with and in consideration of the provisions of this Agreement and Section 414.5 of the Iowa Code;and WHEREAS,the PD-I regulations require the Developer to enter into a development agreement with the City that addresses the primary objective of the development as well as providing specific guidelines and design standards for the development of the Property; Book 2013 Page 21196 1 of 7 WHEREAS,it is the intent of this Project to meet all of the requirements of the Waukee Zoning Ordinance,Waukee Site Plan Ordinance and Waukee Sign Ordinance except as modified by this Agreement. NOW,THEREFORE,in consideration of the above premises,the rezoning of the Property and the promises and agreements set forth herein,it is hereby agreed between the Developer and the City as follows: 1.Rezoning.The Property shall be rezoned to R-2 (One and Two Family Residential District)and PD-I (Planned Development District Overlay)from the present zoning classification ofR-3 (Rental Multi-Family Residential District). 2.Master Development Plan.As required by the PD-I regulations,the Developer has submitted a Development Plan in conjunction with the Developer's request for rezoning to a PD overlay to allow the development of the Property as a single family residential development. A copy of the Development Plan,dated ~':;~nfrMhw it,,:t<U:;,prepared by Civil Engineering Consultants,Inc.,is attached heret as Exhibit "B".The Developer agrees that the development of the Property shall be consistent with the Development Plan,and shall satisfy the following requirements: (a)Restrictions on Uses.Uses within the Development are intended to meet those uses as permitted in the R-2 (One and Two Family Residential District). (b)Declaration of Covenants,Restrictions and Easements.The Property Owner shall,at the time of final platting of the first lot to be developed,record with the county recorder a declaration regarding the establishment of certain easements and the declaration of certain restrictions and covenants.The declaration shall be subject to the review and approval of the City prior to its adoption and recording. (c)Bulk Regulations.The following bulk regulations shall be applicable as generally shown on the Development Plan: (i) (ii) (iii) (iv) (v) (vi) (vii) Lot Area. Minimum Lot Width. Front Yard Building Setback. Front Yard House Setback. Front Yard Garage Setback Rear Yard Setback. Side Yard Setback 8,000 square feet. 65 feet. 30 Feet (For Lots I-II). 20 Feet (For Lots 12-17). 25 Feet (For Lots 12-17). 30 Feet. 7 Feet Minimum!l5 Feet Maximum 3.Runs with Land.The obligations under this Agreement shall run with the land and be binding upon the future owners of the Property. 2 Book 2013 Page 21196 2 of 7 4.Warranty of Title.Developer hereby warrants to the City to defend Developer's title to the Property for purposes of this Agreement. 5.Amendment.The terms of this Agreement may be amended by mutual agreement of the parties hereto,but any such amendment shall be in writing and shall be filed of record with the Dallas County Recorder. 6.Binding.The terms and conditions of this Agreement shall be binding upon and shall inure to the benefit of the heirs,successors and assigns of the respective parties hereto 7.Severability.If any provision hereof is for any reason unenforceable or inapplicable,the other provisions hereof will remain in full force and effect in the same manner as if such unenforceable or inapplicable provisions had never been contained herein. 8.Governing Law.This Agreement shall be governed by and construed m accordance with the laws of the State ofIowa. 10.Recording.This Agreement shall be recorded with the Dallas County,Iowa, Recorder,as an exhibit to the ordinance rezoning the Property and shall constitute a valid and effective agreement pursuant to the terms and conditions of Section 414.5 of the Iowa Code. 3 Book 2013 Page 21196 3 of 7 IN WITNESS WHEREOF,the parties have executed this Agreement as of the date first above written. CITY OF WAUKEE ~ A'//Z,/ BY:~~a~ Attest: ~J2.~ Rebecca D.Schuett,City Clerk DEVELOPER: Jerry's Homes,Inc. 4 Book 2013 Page 21196 4 of 7 STATE OF IOWA ) )ss. COUNTY OF DALLAS) -,;J-/;-.-./ On this K day of 11J00Jt'mJ;iyr,2013,before me,the undersigned,a Notary Public in and for the State of Iowa,personally appeared William F.Pcard and Rebecca D. Schuett,to me personally known,and,who,being by me duly sworn,did say that they are the Mayor and City Clerk,respectively,of the City of Waukee,Iowa;that the seal affixed to the foregoing instrument is the corporate seal of the corporation,and that the instrument was signed and sealed on behalf of the corporation,by authority of its City Council,as contained in (){A\MIt~@s8IHti_No.'1111:1 adopted by the City Council,under Roll Call of the City Council on the ~day of acdi\ItV,~13,~,and that William F.Peard and Rebecca D.Schuett acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation,by it voluntarily executed. ~ <\.IJ .,\l~,,vvYo,\'(j"",-vv (l.'I!~ STATEOFIOWA ) )ss. COUNTY OF 'RLL ) On this \Oi!a day of Q"'IUif12.,2013,before me,the undersigned,a Notary Public in and for the State of \X)v\f\:-,personally appeared '".fJ ilD.,to me personally known,who being by me duly sworn,did say that the person is the .(u;t ·'fJ.:N>"l JERRY'S HOMES,INC.,an Iowa corporation,and that the instrument was signed on behalf of said corporation by authority of its managers;and that said person acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the limited liability company by it voluntarily executed.r [lill }}Lntv~,,- Notary-Public in~~mdfor the State ofIowa My Commission expires O:~+IS ;2!{')1(.iJ 5 Book 2013 Page 21196 5 of 7 Exhibit A Legal Description ofPropelty LOT I I I OF PARKVIEW CROSSING PLAT 6,AN OFFICIAL PLAT RECORDED IN BOOK 2005,PAGE 166 AT THE DALLAS COUNTY RECORDER'S OFFICE,CITY OF WAUKEE, DALLAS COUNTY,IOWA CONTAINING 5.31 ACRES A PARCEL TO BE KNOWN AS PARKVIEW CROSSING PLAT I I. 6 Book 2013 Page 21196 6 of 7 Exhibit "B" Development Plan ~L'·l\.2~.·~--- 7 Book 2013 Page 21196 7 of 7