HomeMy WebLinkAbout2006-08-21-Ordinance 2590_Rezoning, Fox Creek EstatesORDINANCE NO.2590 IANORDINANCETOAMENDCHAPTER301,WAUKEE MUNICIPAL CODE,
ZONING ORDINANCE OF THE CITY OF WAUKEE,IOWA,BY REZONING AND
CHANGING CERTAIN PROPERTY THEREIN FROM A-I [AGRICULTURAL DISTRICT]
TO R-I [SINGLE FAMILY RESIDENTIAL DISTRICT],R-2 [ONE AND TWO FAMILY
RESIDENTIAL DISTRICT],R-3A [OWNER-OCCUPIED MULTI-FAMILY RESIDENTIAL
DISTRICT],R-4 [ROW DWELLING AND TOWNHOME DWELLING DISTRICT]AND C-IA
[NEIGHBORHOOD COMMERCIAL DISTRICT];AND THEN BY REZONING AND
CHANGING CERTAIN PROPERTY THEREIN FROM C-IA [NEIGHBORHOOD
COMMERCIAL DISTRICT]TO PD-I [PLANNED DEVELOPMENT OVERLAY DISTRICT];
AND AMEND THE OFFICIAL ZONING MAP TO SHOW REZONING [A PARCEL TO BE
KNOWN AS FOX CREEK ESTATES]
BE IT ORDAlNED 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.l (Agricultural District),legally described as follows:
A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 27,
TOWNSHIP 79 NORTH,RANGE 26 WEST OF THE 5TH P.M.,CITY OF WAUKEE,DALLAS
COUNTY,IOWA,MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 27;THENCE
NOoo12'50"W ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION
27,A DISTANCE OF 1968.37 FEET;THENCE N89°18'18"E,A DISTANCE OF 658.77 FEET;
THENCE NOoo12'50"W,A DISTANCE OF 661.27 FEET TO A POINT ON THE NORTH LINE OF
THE NORTHWEST QUARTER OF SAID SECTION 27;THENCE N89°18'18"E ALONG THE
NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 27,A DISTANCE OF
1978.12 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 27;THENCEsoo-ir 10"E ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SAID SECTION 27,A DISTANCE OF 1315.81 FEET TO THE
NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER
OF SAID SECTION 27;THENCE CONTINUING soo-rr lO"E ALONG THE EAST LINE OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 27,A
DISTANCE OF 1315.81 TO THE CENTER OF SAID SECTION 27;THENCE S89°20'55"W
ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 27,A
DISTANCE OF 2640.19 FEET TO THE POINT OF BEGINNING,CONTAINING 149.340 ACRES,
SUBJECT TO ALL EASEMENTS AND RESTRICTIONS OF RECORD.
To R-l (Single Family Residential District),legally described as follows:
COMMENCING AT THE NORTHWEST CORNER OF SECTION 27,TOWNSillP 79
NORTH,RANGE 26 WEST OF THE 5TH P.M.,CITY OF WAUKEE,DALLAS COUNTY,IOWA;
THENCE N89°18'18"E ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID ]
SECTION 27,A DISTANCE OF 658.77 FEET TO THE POINT OF BEGINNING;THENCE
CONTINUING N89°18'18"E ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF
SAID SECTION 27,A DISTANCE OF 1978.12 FEET TO THE NORTH QUARTER CORNER OF
SAID SECTION 27;THENCE soo-rr 10"E ALONG THE EAST LINE OF THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 27,A DISTANCE OF 535.85
FEET;THENCE S89°18'18"W,A DISTANCE OF 334.60 FEET;THENCE SOUTHWESTERLY
ALONG ANON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 2155.00 FEET,
AN ARC LENGTH OF 1059.32 FEET,A CHORD LENGTH OF 1048.68 FEET AND A CHORD
BEARING OF N84°33 '05"E;THENCE S89°18'18"W,A DISTANCE OF 245.82 FEET;THENCE
SOoo41'42"E,A DISTANCE OF 271.27 FEET;THENCE S89°18'18"W,A DISTANCE OF 208.69
FEET;THENCE N47"16'26"W,A DISTANCE OF 198.86 FEET;THENCE NOoo41'42"W,A
DISTANCE OF 96.07 FEET;THENCE S89°18'18"W,A DISTANCE OF 1.23 FEET;THENCE
NOoo12'50"W,A DISTANCE OF 661.27 FEET TO THE POINT OF BEGINNING,CONTAINING
29.592 ACRES.
And to R-2 (One and Two Family Residential District),legally described as follows:
BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 27,TOWNSHIP 79 NORTH,RANGE 26 WEST OF THE
5TH P.M.,CITY OF WAUKEE,DALLAS COUNTY,IOWA;THENCE SOUTHWESTERLY
ALONG A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 3000.00 FEET,
AN ARC LENGTH OF 1599.45 FEET,A CHORD LENGTH OF 1580.58 FEET AND A CHORD
BEARING OF S84°36'16"W;THENCE NORTHWESTERLY ALONG A CURVE TO THE LEFT
HAVING A RADIUS OF 3000.00 FEET,AN ARC LENGTH OF 135.95 FEET,A CHORD
LENGTH OF 135.94 FEET AND A CHORD BEARING OF N81025'12''W;THENCE N02°40'35"E,
A DISTANCE OF 530.31 FEET;THENCE N89°18'18"E,A DISTANCE OF 58.31 FEET;THENCE
NOoo41'42"W,A DISTANCE OF 271.27 FEET;THENCE N89°18'18"E,A DISTANCE OF 245.82
FEET;THENCE NORTHEASTERLY ALONG A NON-TANGENT CURVE TO THE LEFT
HAVING A RADIUS OF 2155.00 FEET,AN ARC LENGTH OF 1059.32 FEET,A CHORD
LENGTH OF 1048.68 FEET AND A CHORD BEARING OF N84°33'05"E;THENCE N89°18'18"E,
A DISTANCE OF 334.60 FEET TO A POINT ON THE EAST LINE OF THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 27;THENCE SOoolTlO"E
ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER
OF SAID SECTION 27,A DISTANCE OF 779.96 FEET TO THE POINT OF BEGINNING,
CONTAINING 32.434 ACRES.
And to R-3A (Owner-Occupied Multi-Family Residential District),legally described as follows:
COMMENCING AT THE CENTER OF SECTION 27,TOWNSHIP 79 NORTH,RANGE 26
WEST OF THE 5TH P.M.,CITY OF WAUKEE,DALLAS COUNTY,IOWA;THENCE
NOoo1T 10"W ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION 27,A DISTANCE OF 742.99 FEET TO THE
POINT OF BEGINNING;THENCE S52°2T34"W,A DISTANCE OF 625.79 FEET;THENCE
SOUTHWESTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 400.00 FEET,
AN ARC LENGTH OF 101.81 FEET,A CHORD LENGTH OF 101.54 FEET AND A CHORD
BEARING OF S45°10'04"W;THENCE S89°18'18"W,A DISTANCE OF 956.18 FEET;THENCE
NOoo41'42"W,A DISTANCE OF 881.83 FEET;THENCE NORTHEASTERLY ALONG A CURVE
TO THE LEFT HAVING A RADIUS OF 3000.00 FEET,AN ARC LENGTH OF 1557.46 FEET,A
CHORD LENGTH OF 1540.03 FEET AND A CHORD BEARING OF N84°12'13"E TO THE
NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER
OF SAID SECTION 27;THENCE SOoolT10"E ALONG THE SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION 27,A DISTANCE OF 572.82 FEET TO THE
POINT OF BEGINNING,CONTAINING 27.984 ACRES.I
And to R-4 (Row Dwelling and Townhome District),legally described as follows:
COMMENCING AT THE NORTHWEST CORNER OF SECTION 27,TOWNSHIP 79
NORTH,RANGE 26 WEST OF THE 5TH P.M.,CITY OF WAUKEE,DALLAS COUNTY,IOWA;
THENCE SOoo12'50"E ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID
SECTION 27,A DISTANCE OF 661.27 FEET TO THE POINT OF BEGINNING;THENCE
N89°18'18"E,A DISTANCE OF 660.00 FEET;THENCE SOo041'42"E,A DISTANCE OF 96.07
FEET;THENCE S47°16'26"E,A DISTANCE OF 198.86 FEET;THENCE N89°18'18"E,A
DISTANCE OF 150.38 FEET;THENCE S02°40'33"W,A DISTANCE OF 530.31 FEET;THENCE
NORTHWESTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 3000.00 FEET,
AN ARC LENGTH OF 363.86 FEET,A CHORD LENGTH OF 363.63 FEET AND A CHORD
BEARING OF N86°11 '34"W;THENCE NOo041'42"W,A DISTANCE OF 393.60 FEET;THENCE
S89°18'18"W,A DISTANCE OF 563.98 FEET TO A POINT ON THE WEST LINE OF THE
NORTHWEST QUARTER OF SAID SECTION 27;THENCE NOoo12'50"W ALONG THE WEST
LINE OF THE NORTHWEST QUARTER OF SAID SECTION 27,A DISTANCE OF 340.01 FEET
TO THE POINT OF BEGINNING,CONTAINING 9.591 ACRES.
And to R-4 (Row Dwelling and Townhome District),legally described as follows:
COMMENCING AT THE CENTER OF SECTION 27,TOWNSHIP 79 NORTH,RANGE 26
WEST OF THE 5TH P.M.,CITY OF WAUKEE,DALLAS COUNTY,IOWA;THENCE
S89°20'55"W ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION
27,A DISTANCE OF 655.66 FEET TO THE POINT OF BEGINNING;THENCE CONTINUING
S89°20'55"W ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION
27,A DISTANCE OF 868.88 FEET;THENCE NOo041'42"W,A DISTANCE OF 295.85 FEET;
THENCE N89°18'18"E,A DISTANCE OF 956.18 FEET;THENCE SOUTHWESTERLY ALONG A
CURVE TO THE LEFT HAVING A RADIUS OF 400.00 FEET,AN ARC LENGTH OF 268.97
FEET,A CHORD LENGTH OF 263.94 FEET AND A CHORD BEARING OF S18°36'45"W;
THENCE SOo039'05"E,A DISTANCE OF 47.41 FEET TO THE POINT OF BEGINNING,
CONTAINING 6.066 ACRES.
1
And to R-4 (Row Dwelling and Townhome District),legally described as follows:
BEGINNING AT THE WEST QUARTER CORNER OF SECTION 27,TOWNSHIP 79
NORTH,RANGE 26 WEST OF THE 5TH P.M.,CITY OF WAUKEE,DALLAS COUNTY,IOWA;
THENCE NOoo12'50"W ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID
SECTION 27,A DISTANCE OF 342.31 FEET;THENCE N89°18'18"E,A DISTANCE OF 250.00
FEET;THENCE SOo041'42"E,A DISTANCE OF 12.29 FEET;THENCE N89°18'18"E,A
DISTANCE OF 862.78 FEET;THENCE S00041 '42"E,A DISTANCE OF 330.85 FEET TO A
POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 27;
THENCE S89°20'55"W,A DISTANCE OF 1115.65 FEET TO THE POINT OF BEGINNING,
CONTAINING 8.523 ACRES.
)
And to R-4 (Row Dwelling and Townhome District),legally described as follows:
BEGINNING AT THE CENTER OF SECTION 27,TOWNSHIP 79 NORTH,RANGE 26
WEST OF THE 5TH P.M.,CITY OF WAUKEE,DALLAS COUNTY,IOWA;THENCE
NOOOlT 10"W ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION 27,A DISTANCE OF 742.99 FEET;THENCE
S52°2T34"W,A DISTANCE OF 625.79 FEET;THENCE SOUTHWESTERLY ALONG A CURVE
TO THE LEFT HAVING A RADIUS OF 400.00 FEET,AN ARC LENGTH OF 370.79 FEET,A
CHORD LENGTH OF 357.65 FEET AND A CHORD BEARING OF S25°54'14"W;THENCE
SOo039'05"E,A DISTANCE OF 47.41 FEET TO A POINT ON THE SOUTH LINE OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 27;THENCE
N89°20'55"E,A DISTANCE OF 655.66 FEET TO THE POINT OF BEGINNING,CONTAINING
7.333 ACRES.
And to C-lA (Neighborhood Commercial District),legally described as follows:
COMMENCING AT THE NORTHWEST CORNER OF SECTION 27,TOWNSHIP 79
NORTH,RANGE 26 WEST OF THE 5TH P.M.,CITY OF WAUKEE,DALLAS COUNTY,IOWA;
THENCE SOoo12'50"E ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID
SECTION 27,A DISTANCE OF 1001.28 FEET TO THE POINT OF BEGINNING;THENCE
N89°l8'18"E,A DISTANCE OF 563.98 FEET;THENCE SOo04I'42"E,A DISTANCE OF 393.60
FEET;THENCE SOUTHWESTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF
3000.00 FEET,AN ARC LENGTH OF 283.85 FEET,A CHORD LENGTH OF 283.75 FEET AND A
CHORD BEARING OF S87"3T19"W;THENCE S84°54'4l"W,A DISTANCE OF 284.75 FEET TO
A POINT ON THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 27;
THENCE NOoo12'50"W ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID
SECTION 27,A DISTANCE OF 423.76 FEET TO THE POINT OF BEGINNING,CONTAINING
5.249 ACRES.
And to C-IA (Neighborhood Commercial District),legally described as follows:
COMMENCING AT THE WEST QUARTER CORNER OF SECTION 27,TOWNSHIP 79
NORTH,RANGE 26 WEST OF THE 5TH P.M.,CITY OF WAUKEE,DALLAS COUNTY,IOWA;
THENCE NOoo12'50"W ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID
SECTION 27,A DISTANCE OF 342.31 FEET TO THE POINT OF BEGINNING;THENCE
CONTINUING NOoo12'50"W ALONG THE WEST LINE OF THE NORTHWEST QUARTER
SAID SECTION 27,A DISTANCE OF 862.29 FEET;THENCE N84°54'4I"E,A DISTANCE OF
284.75 FEET;THENCE SOUTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING A
RADIUS OF 3000.00 FEET,AN ARC LENGTH OF 783.66 FEET,A CHORD LENGTH OF 781.43
FEET AND A CHORD BEARING OF S87°36'19"E;THENCE SOUTHEASTERLY ALONG A
CURVE TO THE LEFT HAVING A RADIUS OF 3000.00 FEET,AN ARC LENGTH OF 41.99
FEET,A CHORD LENGTH OF 41.99 FEET AND A CHORD BEARING OF S8003l '22"E;
THENCE SOo04l '42"E,A DISTANCE OF 846.83 FEET;THENCE S89°l8'18"W,A DISTANCE OF
862.78 FEET;THENCE NOo04l '42"W,A DISTANCE OF 12.29 FEET;THENCE S89°18'18"W,A
DISTANCE OF 250.00 FEET TO THE POINT OF BEGINNING,CONTAINING 22.567 ACRES.
And then rezoning a portion of the above legally described C-1A (Neighborhood Commercial District)
to PD-I (Planned Development Overlay District),legally described as follows:
COMMENCING AT THE WEST QUARTER CORNER OF SECTION 27,TOWNSHIP 79
NORTH,RANGE 26 WEST OF THE STHP.M.,CITY OF WAUKEE,DALLAS COUNTY,IOWA;
THENCE NOooI2'SO"W ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID
SECTION 27,A DISTANCE OF 342.31 FEET TO THE POINT OF BEGINNING;THENCE
CONTINUING NOooI2'SO"W ALONG THE WEST LINE OF THE NORTHWEST QUARTER
SAID SECTION 27,A DISTANCE OF 862.29 FEET;THENCE N84°S4'41"E,A DISTANCE OF
284.7S FEET;THENCE SOUTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING A
RADIUS OF 3000.00 FEET,AN ARC LENGTH OF 783.66 FEET,A CHORD LENGTH OF 781.43
FEET AND A CHORD BEARING OF S87°36'19"E;THENCE SOUTHEASTERLY ALONG A
CURVE TO THE LEFT HAVING A RADIUS OF 3000.00 FEET,AN ARC LENGTH OF 41.99
FEET,A CHORD LENGTH OF 41.99 FEET AND A CHORD BEARING OF S80031 '22"E;
THENCE SOo041'42"E,A DISTANCE OF 846.83 FEET;THENCE S89°18'18"W,A DISTANCE OF
862.78 FEET;THENCE NOo041'42"W,A DISTANCE OF 12.29 FEET;THENCE S89°18'18"W,A
DISTANCE OF 2S0.00 FEET TO THE POINT OF BEGINNING,CONTAINING 22.S67 ACRES.
)
A parcel to be known as Fox Creek Estates.
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 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 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 21st day of August 2006,and approved
this 21 st day of August 2006.
Attest:
.~on,Interim City Administrator/Clerk
I