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Home My WebLink About2007-11-05-Ordinance 2618_Rezoning, Stone PrairieORDINANCE NO.2618 AN ORDINANCE TO AMEND CHAPTER 301,WAUKEE MUNICIPAL CODE, ZONING ORDINANCE OF THE CITY OF WAillmE,IOWA,BY MODIFYING APPLICABLE ZONING DISTRICTS FOR CERTAIN PROPERTY THEREIN,ZONED AS R- 2 [ONE AND TWO FAMILY RESIDENTIAL DISTRICTj,R-4 [ROW DWELLING AND TOWNHOME DISTRICT]AND C-IA [NEIGHBORHOOD COMMERCIAL DISTRICT]IN ORDER TO COORDINATE WITH ADJACENT STREET CENTERLINES,AND AMEND THE OFFICIAL ZONING MAP TO SHOW REZONING 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 modifying applicable zoning districts for certain property therein,legally described as follows,in order to coordinate with adjacent street centerlines: From R-2 (One and Two Family Residential District),legally described as follows: BEGINNING AT THE SOUTHEAST CORNER OF SAID GOVERNMENT LOT 16; THENCE SOUTH 83°12'32"WEST,1323.86 FEET TO THE SOUTHWEST CORNER OF SAID GOVERNMENT LOT 16;THENCE NORTH 00°02'06"WEST,1311.06 FEET TO THE NORTHWEST CORNER OF SAID GOVERNMENT LOT 16,THENCE NORTH 83°12'21"EAST ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 16,A DISTANCE OF 326.63 FEET; THENCE SOUTH 6°41'39"EAST,184.45 FEET,THENCE SOUTH 24°13'22"EAST,113.98 FEET;THENCE SOUTH 69°43'23"EAST,71.97 FEET;THENCE SOUTH 48°14'47"EAST,83.06 FEET;THENCE SOUTH 61 °25'44"EAST,30.00 FEET;THENCE SOUTHWESTERLY ALONG A CURVE CONCAVE NORTHWESTERLY WHOSE RADIUS IS 420.00 FEET,WHOSE ARC LENGTH 17.50 FEET AND WHOSE CHORD BEARS SOUTH 29°45'54"WEST,17.50 FEET; THENCE SOUTH 59°02'28"EAST,30.00 FEET;THENCE SOUTH 38°42'09"EAST,116.66 FEET,THENCE SOUTH 33°01'08"EAST,73.29 FEET;THENCE SOUTH 28°48'38"EAST,73.29 FEET;THENCE SOUTH 24°30'09"EAST,73.29 FEET;THENCE SOUTH 74°30'45"EAST,49.58 FEET,THENCE SOUTH 85°26'31"EAST,100.76 FEET,THENCE SOUTH 84°09'34"EAST, 128.15 FEET;THENCE SOUTH 89°41'49"EAST,50.00 FEET TO THE EAST LINE OF SAID GOVERNMENT LOT 16;THENCE SOUTH 00°12'11"WEST ALONG SAID EAST LINE,315.90 FEET TO THE POINT OF BEGINNING AND CONTAINING 24.86 ACRES (1,082,998 SQUARE FEET). To R-2 (One and Two Family Residential District),legally described as follows: APART OF GOVERNMENT LOT 16IN SECTION 5,TOWNSHIP 78 NORTH,RANGE 26 WEST OF THE FIFTH PRINCIPAL MERIDIAN IN THE CITY OF WAUKEE,DALLAS COUNTY,IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID GOVERNMENT LOT 16;THENCE SOUTH 83°12'32"WEST,1323.86 FEET TO THE SOUTHWEST CORNER OF SAID GOVERNMENT LOT 16;THENCE NORTH 00°02'06"WEST,1311.06 FEET TO THE NORTHWEST CORNER OF SAID GOVERNMENT LOT 16;THENCE NORTH 83°12'21"EAST ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 16,A DISTANCE OF 325.85 FEET; THENCE SOUTH 7°41'05"EAST,193.38 FEET;THENCE SOUTH 24°31'08"EAST,104.81 FEET; THENCE SOUTH 69°43'23"EAST,71.97 FEET;THENCE SOUTH 65°29'35"EAST,71.97 FEET; THENCE SOUTH 61 °15'46"EAST,71.97 FEET;THENCE SOUTH 57°01 '58"EAST,71.97 FEET; THENCE SOUTH 52°48'09"EAST,71.97 FEET;THENCE SOUTH 48°14'47"EAST,107.96 FEET; THENCE SOUTH 40°01'01"EAST,70.01 FEET;THENCE SOUTH 38°18'01"EAST,94.51 FEET;1 THENCE SOUTH 32°33'29"EAST,71.97 FEET;THENCE SOUTH 28°19'40"EAST,71.97 FEET; THENCE SOUTH 24°05'52"EAST,71.97 FEET;THENCE SOUTH 82°19'14"EAST,39.17 FEET; THENCE SOUTH 84°19'44"EAST,235.69 FEET;THENCE SOUTH 89°47'49"EAST,50.00 FEET TO THE EAST LINE OF SAID GOVERNMENT LOT 16;THENCE SOUTH 00°12'11"WEST ALONG SAID EAST LINE,315.90 FEET TO THE POINT OF BEGINNING AND CONTAINING 24.86 ACRES (1,083,033 SQUARE FEET). And then from R-4 (Row Dwelling and Townhome District),legally described as follows: COMMENCING AT THE NORTHWEST CORNER OF SAID GOVERNMENT LOT 16; THENCE SOUTH 00°12'11"WEST ALONG THE EAST LINE OF SAID GOVERNMENT LOT 16, A DISTANCE OF 378.91 FEET TO THE POINT OF BEGINNING;THENCE SOUTH 00°12'11" WEST CONTINUING ALONG SAID EAST LINE,616.98 FEET;THENCE NORTH 89°47'49" WEST,50.00 FEET;THENCE NORTH 84°09'34"WEST,128.15 FEET;THENCE NORTH 85°26'31"WEST,100.76 FEET;THENCE NORTH 74°30'45"WEST,49.58 FEET;THENCE NORTH 24°30'09"WEST,73.29 FEET;THENCE NORTH 38°42'09"WEST,116.66 FEET; THENCE NORTH 59°02'28"WEST,30.00 FEET;THENCE NORTHEASTERLY ALONG A CURVE CONCAVE NORTHWESTERLY WHOSE RADillS IS 420.00 FEET,WHOSE ARC LENGTH IS 17.50 FEET;THENCE NORTH 61 °25'44"WEST,30.00 FEET;THENCE NORTH 48°14'47"WEST,83.06 FEET,THENCE NORTH 52°48'09"WEST,71.97 FEET;THENCE NORTH 184.45 FEET TO THE NORTH LINE OF SAID GOVERNMENT LOT 16;THENCE NORTH 83°12'21"EAST ALONG SAID NORTH LINE 481.84 FEET,THENCE SOUTH 06°52'37"1 EAST,337.10 FEET;THENCE SOUTHERLY ALONG A CURVE CONCAVE WESTERLY J WHOSE RADillS IS 420.00 FEET,WHOSE ARC LENGTH IS 30.78 FEET AND WHOSE CHORD BEARS SOUTH 4°46'40"EAST,30.77 FEET;THENCE NORTH 87°19'17"EAST,30.00 FEET; THENCE NORTH 83°12'21"EAST,395.77 FEET;THENCE SOUTH 89°47'49"EAST,50.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 10.56 ACRES (459,865 SQUARE FEET). To R-4 (Row Dwelling and Townhome District),legally described as follows: A PART OF GOVERNMENT LOT 16 IN SECTION 5,TOWNSHIP 78 NORTH,RANGE 26 WEST OF THE FIFTH PRINCIPAL MERIDIAN IN THE CITY OF WAUKEE,DALLAS COUNTY,IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID GOVERt'lMENT LOT 16;THENCE SOUTH 00°12'11"WEST ALONG THE EAST LINE OF SAID GOVERNMENT LOT 16,A DISTANCE OF 500.00 FEET TO THE POINT OF BEGINNING;THENCE SOUTH 00°12'11" WEST CONTINUING ALONG SAID EAST LINE,495.89 FEET;THENCE NORTH 89°47'49" WEST,50.00 FEET;THENCE NORTH 84°19'44"WEST,235.69 FEET;THENCE NORTH 82°19'14"WEST,39.17 FEET;THENCE NORTH 24°05'52"WEST,71.97 FEET;THENCE NORTH 28°19'40"WEST,71.97 FEET;THENCE NORTH 32°33'29"WEST,71.97 FEET;THENCE NORTH 38°18'01"WEST,94.51 FEET;THENCE NORTH 40°01'01"WEST,70.01 FEET;THENCE NORTH 48°14'47"WEST,107.96 FEET;THENCE NORTH 52°48'09"WEST,71.97 FEET;THENCE NORTH 57°01 '58"WEST,71.97 FEET;THENCE NORTH 61 °15'46"WEST,71.97 FEET;THENCE ] NORTH 65°29'35"WEST,71.97 FEET;THENCE NORTH 69°43'23"WEST,71.97 FEET;THENCE NORTH 24°31'08"WEST,104.81 FEET;THENCE NORTH 7°41'05"WEST,193.38 FEET TO THE NORTH LINE OF SAID GOVERNMENT LOT 16;THENCE NORTH 83°12'21"EAST ALONG SAJD NORTH LINE,482.62 FEET;THENCE SOUTH 6°52'37"EAST,81.94 FEET;THENCE SOUTH 25°09'01"EAST,437.85 FEET;THENCE NORTHEASTERLY ALONG A CURVE CONCAVE SOUTHEASTERLY WHOSE RADIUS IS 420.00 FEET,WHOSE ARC LENGTH IS 185.85 FEET AND WHOSE CHORD BEARS NORTH 7]031'35"EAST,184.34 FEET;THENCE SOUTH 89°47'49"EAST,139.57 FEET TO THE POINT OF BEGlNNlNG AND CONTAINING 9.95 ACRES (433,223 SQUARE FEET). And then from C-IA (Neighborhood Commercial District),legally described as follows: BEGINNING AT THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 16; THENCE SOUTH 00°12'11"WEST ALONG THE EAST LINE OF SAID GOVERNMENT LOT 16, A DISTANCE OF 378.91 FEET;THENCE NORTH 89°47'49"WEST,50.00 FEET,THENCE NORTH 83°12'21"WEST,395.77 FEET;THENCE SOUTH 87°19'17"WEST,30.00 FEET; THENCE NORTHERLY ALONG A CURVE CONCAVE WESTERLY WHOSE RADIUS IS 420.00 FEET,WHOSE ARC LENGTH IS 30.77 FEET AND WHOSE CHORD BEARS NORTH 4°46'40" WEST,30.77 FEET;THENCE NORTH 6°52'37"WEST,377.10 FEET TO THE NORTH LINE OF SAID GOVERNMENT LOT 16;THENCE NORTH 83°12'21"EAST ALONG SAID NORTH LINE, 520.88 FEET TO THE POINT OF BEGINNING AND CONTAlNlNG 4.23 ACRES (184,362 SQUARE FEET). To C-IA (Neighborhood Commercial District),legally described as follows: A PART OF GOVERNMENT LOT 16IN SECTION 5,TOWNSHIP 78 NORTH,RANGE 26 WEST OF THE FIFTH PRINCIPAL MERIDIAN IN THE CITY OF WAUKEE,DALLAS COUNTY,IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 16;THENCE SOUTH 00°12'11"WEST ALONG THE EAST LINE OF SAID GOVERNMENT LOT 16,A DISTANCE OF 500.00 FEET;THENCE NORTH 89°47'49"WEST,139.57 FEET;THENCE SOUTHWESTERLY ALONG A CURVE CONCAVE SOUTHEASTERLY WI-IOSE RADIUS IS 420.00 FEET,WHOSE ARC LENGTH IS 185.85 FEET AND WHOSE CHORD BEARS SOUTH 77°31'35"WEST,184.34 FEET;THENCE NORTH 25°09'01"WEST,437.85 FEET;THENCE NORTH 6°52'37"WEST,81.94 FEET TO THE NORTH LINE OF SAID GOVERNMENT LOT 16; THENCE NORTH 83°12'21"EAST ALONG SAID NORTH LINE,520.88 FEET TO THE POINT OF BEGINNING AND CONTAINING 4.84 ACRES (210,969 SQUARE FEET). A parcel known as Stone Prairie. Section 2.Rezoning of the above legally described property is subject to the terms, limitations and conditions of a Developer's Agreement between the City of Waukee,Iowa,and Stone Prairie,LLC. 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. Passed by the City Council of the City of Waukee,Iowa,this 5th day of November 2007,and approved this 5th day of November 2007. Attest: