HomeMy WebLinkAbout2006-04-17-Ordinance 2573_Rezoning, Fox GlennORDINANCE NO.2573
AN ORDINANCE TO AMEND CHAPTER 301,WAUKEE MUNICIPAL CODE,
ZONING ORDINANCE OF THE CITY OF WAUKEE,IOWA,BY REZONING AND
CHANGING CERTAIN PROPERTY THEREIN FROM A-I [AGRICULTURAL DISTRICT]
TO C-IA [NEIGHBORHOOD COMMERCIAL DISTRICT]AND R-4 [ROW DWELLING
AND TOWNHOME DISTRICT],AND R-2 [ONE AND TWO FAMILY RESIDENTIAL
DISTRICT];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 changing the following real estate
from A-I (Agricultural District),legally described as follows:
THE EAST 15 ACRES FO THE NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 7;THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER
OF SECTION 7;AND THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 8,EXCEPT THE SOUTH 450 FEET OF THE NORTH 579 FEET OF THE EAST 500
FEET OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER,AND EXCEPT
LEONARD'S SUBDIVISION;ALL IN TOWNSHIP 78 NORTH,RANGE 26 WEST OF THE 5tH
P.M.,WAUKEE,DALLAS COUNTY,IOWA DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LEONARD'S SUBDIVISION PLAT 2,
AN OFFICIAL PLAT,WAUKEE,DALLAS COUNTY,lOW A AS SHOWN IN THE
OFFICE OF THE DALLAS COUNTY RECORDER AT SLIDE #509B,SAID CORNER
ALSO BEING THE NORTHWEST CORNER OF THE NORTHEAST QUARTER (NE Y.)
OF THE SOUTHEAST QUARTER (SE Y.)OF SECTION 7,TOWNSffiP 78 NORTH,
RANGE 26 WEST OF THE 5TH P.M.,WAUKEE,DALLAS COUNTY,IOWA;THENCE
N84°15'09"E (BEARING ESTABLISHED IN THE PLAT OF SAID LEONARD'S
SUBDIVISION PLAT 2)ALONG THE SOUTH LINE OF SAID LEONARD'S
SUBDIVISION PLAT 2 AND ALONG THE NORTH LINE OF THE NE Y.OF THE SE Y.
IN SAID SECTION 7,A DISTANCE OF 1319.72 FEET TO THE SOUTHEAST CORNER
LEONARD'S SUBDIVISION PLAT 2 AND TO THE WEST LINE OF LOT 6 IN
LEONARD'S SUBDIVISION,AN OFFICIAL PLAT,WAUKEE,DALLAS COUNTY,
IOWA,AND TO THE WEST QUARTER CORNER OF SECTION 8,TOWNSffiP 78
NORTH,RANGE 26 WEST OF THE 5TH P.M.,WAUKEE,DALLAS COUNTY,IOWA;
THENCE SOoo36'20"W ALONG THE WEST LINE OF SAID LOT 6 AND ALONG THE
WEST LINE OF THE NORTHWEST QUARTER (NW Y.)OF THE SOUTHWEST
QUARTER (SW Y.)OF SAID SECTION 8,A DISTANCE OF 124.25 FEET TO THE
SOUTHWEST CORNER OF SAID LOT 6;THENCE N83°58'20"E ALONG THE SOUTH
LINE OF SAID LOT 6,A DISTANCE OF 813.09 FEET TO THE NORTHWEST CORNER
OF THE SOUTH 450 FEET OF THE NORTH 579 FEET OF THE EAST 500 FEET OF
THE NW Y.OF THE SW Y.OF SAID SECTION 8;THENCE SOoo40'38"W ALONG THE
WEST LINE OF SAID SOUTH 450 FEET OF THE NORTH 579 FEET OF THE EAST 500
FEET,A DISTANCE OF 450.00 FEET TO THE SOUTHWEST CORNER OF SAID
SOUTH 450 FEET OF THE NORTH 579 FEET OF THE EAST 500FEET;THENCE
N83°49'53"E ALONG THE SOUTH LINE OF SAID SOUTH 450 FEET OF THE NORTH
579 FEET OF THE EAST 500 FEET,A DISTANCE OF 500.00 FEET TO A POINT ON
I
THE WEST LINE OF LOT A IN HUNSBERGER PROPRlETOR PLAT ONE,AN
OFFICIAL PLAT,WAUKEE,DALLAS COUNTY,IOWA AND TO THE EAST LINE OF
THE NW V.OF THE SE V.OF SAID SECTION 8,SAID POINT BEING 238.92 FEET
SOUTH OF THE NORTHWEST CORNER OF SAID LOT A;THENCE S00041'49"W
ALONG THE EAST LINE OF THE NW V.OF THE SW V.OF SAID SECTION 8 AND
ALONG THE WEST LINE OF SAID LOT A,A DISTANCE OF 736.19 FEET TO THE
SOUTHEAST CORNER OF THE NW V.OF THE SW V.OF SAID SECTION 8;THENCE
S83°51'06"W ALONG THE SOUTH LINE OF THE NW V.OF THE SW V.OF SAID
SECTION 8,A DISTANCE OF 1311.52 FEET TO THE SOUTHEAST CORNER OF THE
NE V.OF THE SE V.OF SAID SECTION 7;THENCE S84°01'16"W ALONG THE SOUTH
LINE OF THE NE V.OF THE SE V.OF SAID SECTION 7,A DISTANCE OF 1319.98
FEET TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER (NW V.)OF
THE SE V.OF SAID SECTION 7;THENCE S84°01 '06"W ALONG THE SOUTH LINE OF
THE NW V.OF THE SE II.OF SAID SECTION 7,A DISTANCE OF 499,52 FEET TO THE
SOUTHWEST CORNER OF THE EAST 15 ACRES OF THE NW V.OF THE SE V.OF
SAID SECTION 7;THENCE NOo035'26"E ALONG THE WEST LINE OF THE EAST 15
ACRES OF THE NW V.OF THE SE V.OF SAID SECTION 7,A DISTANCE OF 1316.36
FEET TO THE NORTHWEST CORNER OF THE EAST 15 ACRES OF THE NW V.OF
THE SE V.OF SAID SECTION 7;THENCE N83°56'13"E ALONG THE NORTH LINE OF
THE NW II.OF THE SE V.OF SAID SECTION 7,A DISTANCE OF 499.60 FEET TO THE
POINT OF BEGINNlNG.
SAID TRACT OF LAND BEING SUBJECT TO AND TOGETHER WITH ANY AND ALL
EASEMENTS OF RECORD.
SAID TRACT OF LAND CONTAINS 84.94 ACRES MORE OR LESS.
To R-4 (Row Dwelling and Townhome District),legally described as follows:
APART OF PARCEL A OF THAT PLAT OF SURVEY FILED IN BOOK 2005 AT PAGE
2463 IN THE OFFICE OF THE DALLAS COUNTY RECORDER LYING IN SECTIONS 7 AND 8
IN TOWNSHIP 78 NORTH,RANGE 26 WEST OF THE 5TH P.M.,DALLAS COUNTY,IOWA,
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF PARCEL A,BEING THE
SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SAID SECTION 8;THENCE S83°51 '06"W,859.51 FEET ALONG THE
SOUTH LINE OF PARCEL A;THENCE NOoo04'45"W,803.05 FEET TO THE POINT OF
BEGINNING;THENCE N79°19'25"W,1,071.29 FEET;THENCE NI2°56'41"E,209.66
FEET TO THE NORTH LINE OF PARCEL A;THENCE N84°15'33"E,574.44 FEET
ALONG THE NORTH LINE OF PARCEL A;THENCE S00036'06"W,124.18 FEET
ALONG THE NORTH LINE OF PARCEL A;THENCE N83°58'00"E,813.10 FEET ALONG
THE NORTH LINE OF PARCEL A;THENCE S00042'03"W,450.20 FEET ALONG THE
NORTH LINE OF PARCEL A;THENCE CONTINUING S00042'03"W,35.25 FEET;
THENCE S83°50'43"W,0.71 FEET;THENCE NORTHWESTERLY 98.60 FEET ALONG
THE ARC OF A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 300.00
FEET,A CENTRAL ANGLE OF 18°49'52",AND A 98.l6-FOOT LONG CHORD THAT
BEARS N86°44'21"W;THENCE N77°19'25"W,212.97 FEET;THENCE
NORTHWESTERLY 10.47 FEET ALONG THE ARC OF A CURVE CONCAVE
SOUTHERLY AND HAVING A RADIUS OF 300.00 FEET;A CENTRAL ANGLE OF
02°00'00",AND A 10.47-FOOT LONG CHORD THAT BEARS N78°19'25"W;THENCE
N79°19'25"W,51.28 FEET TO THE POINT OF BEGINNING.I
CONTAINING 10.90 ACRES.
And to R-2 (One and Two Family Residential District),legally described as follows:
APART OF PARCEL A OF THAT PLAT OF SURVEY FILED IN BOOK 2005 AT PAGE
2463 IN THE OFFICE OF THE DALLAS COUNTY RECORDER LYING IN SECTIONS 7 AND 8
IN TOWNSHIP 78 NORTH,RANGE 26 WEST OF THE 5TH P.M.,DALLAS COUNTY,IOWA,
AND BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF PARCEL A,BEING THE
SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SAID SECTION 8;THENCE S83°51 '06"W,859.51 FEET ALONG THE
SOUTH LINE OF PARCEL A TO THE POINT OF BEGINNING;THENCE CONTINUING
S83°51 '06"W,452.03 FEET ALONG THE SOUTH LINE OF PARCEL A;THENCE
S84°02'04"W,1,819.53 FEET ALONG THE SOUTH LINE OF PARCEL A TO THE
SOUTHWEST CORNER OF PARCEL A;THENCE NOo035'54"E,1,316.28 FEET ALONG
THE WEST LINE OF PARCEL A TO THE NORTHWEST CORNER OF PARCEL A;
THENCE N83°5T24"E,499.62 FEET ALONG THE NORTH LINE OF PARCEL A;
THENCE N84°15'33"E,745.36 FEET ALONG THE NORTH LINE OF PARCEL A;
THENCE SI2°56'41"W,209.66 FEET;THENCE S79°19'25"E,1,071.29 FEET;THENCE
SOoo04'45"E,803.05 FEET TO THE POINT OF BEGINNING.
CONTAINING 59.45 ACRES.
And to C-IA (Neighborhood Commercial District),legally described as follows:
A PART OF PARCEL A OF THAT PLAT OF SURVEY FILED IN BOOK 2005 AT PAGE
2463 IN THE OFFICE OF THE DALLAS COUNTY RECORDER LYING IN SECTIONS 7 AND 8
IN TOWNSHIP 78 NORTH,RANGE 26 WEST OF THE 5rH P.M.,DALLAS COUNTY,IOWA,
AND BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF PARCEL A,BEING THE SOUTHEAST
CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID
SECTION 8;THENCE S83°51 '06"W,859.51 FEET ALONG THE SOUTH LINE OF
PARCEL A;THENCE NOoo04'45"W,803.05 FEET;THENCE S79°19'25"E,51.28 FEET;
THENCE SOUTHEASTERLY 10.47 FEET ALONG THE ARC OF A CURVE CONCAVE
SOUTHERLY AND HAVING A RADIUS OF 300.00 FEET,A CENTRAL ANGLE OF
02°00'00",AND A 1O.47-FOOT LONG CHORD THAT BEARS S78°19'25"E;THENCE
S77°19'25"E,212.97 FEET;THENCE SOUTHEASTERLY 98.60 FEET ALONG THE ARC
OF A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 300.00 FEET,A
CENTRAL ANGLE OF 18°49'52",AND A 98.16-FOOT LONG CHORD THAT BEARS
S86°44'21"E;THENCE N83°50'43"E,0.71 FEET;THENCE NOo042'03"E,35.25 FEET TO
THE NORTH LINE OF PARCEL A;THENCE N83°50'43"E,499.99 FEET ALONG THE
NORTH LINE OF PARCEL A TO THE NORTHEAST CORNER OF PARCEL A ON THE
EAST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SAID SECTION 8;THENCE SOoo42'03"W,736.04 FEET ALONG THE EAST LINE OF
PARCEL A TO THE POINT OF BEGINNING.
CONTAINING 14.59 ACRES.
Also known as a parcel to be known as Fox Glenn,
Section 2.Repealer,All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are hereby repealed.
Section 3.Severability Clause.If any section,provision or part ofthis 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 4.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 lih day of April 2006,and approved this
lih day of April 2006.
Attest:
John son,Interim City Administrator/Clerk