HomeMy WebLinkAbout2005-11-07-Ordinance 2557_Rezoning, Tenth Mile, Conditions for Reversion to Prior ZoningORDINANCE NO.2557
AN ORDINANCE TO AMEND ORDINANCE NO.2492 TO CLARIFY AND
AMEND THE CONDITIONS UNDER WHICH THE ZONING OF THE SUBJECT
PROPERTY MAY REVERT TO ITS PRIOR "M-lA"DISTRICT CLASSIFICATION.
BE IT ORDAINED by the City Council of the City of Waukee,Iowa:
WHEREAS,pursuant to Ordinance No.2492,passed on October 4,2004,the City
Council rezoned from "M -1 A"Limited Industrial District to "C-l"Community and
Highway Service Commercial District a certain parcel of real estate legally described as
follows:
Waukee Development,Plat 1 Parcel BLot 3
WHEREAS,Section 3 of Ordinance No.2492 set forth certain conditions under
which the zoning of the subject property could revert to its prior "M-lA"District
classification.
WHEREAS,the City Council now desires to amend Ordinance No.2492 by
repealing Section 3 thereof and by substituting a new Section 3 in lieu thereof and in
substitution therefore.
WHEREAS,there is presently pending before the Iowa Department of
Transportation a protest filed by Bob Brown Chevrolet,Inc.regarding the assignment of
the Area of Primary Responsibility for the Chevrolet franchise in the City of Waukee,
Iowa,which is the result of a Remand Order issued by the Iowa District Court for Polk
County,Iowa in a case captioned Bob Brown Chevrolet,Inc.vs.General Motors
Comoration.et aI,Case No.CV-Vl-5469.The Developer is not in a position to
commence the final construction to conform to "C-l"District standards until the
proceedings before the Iowa Department of Transportation,including any current or future
appeal thereof,is finally decided as a result of a fmal unappealable order which
conclusively determines the Area of Primary Responsibility for a Shottenkirk -Waukee,
Inc.Chevrolet franchise dealership within the City of Waukee,Iowa.The date upon which
the Area of Primary Responsibility is finally determined for a Chevrolet franchise
dealership within the City of Waukee shall be for purposes of this Ordinance be referred to
as the "APR Determination Date".
WHEREAS,the current owner of the subject property is The Tenth Mile,L.L.C.,
and said owner has submitted its written agreement to Ordinance No.2492,as amended by
the terms of this Ordinance,and such written agreement is on file with the City Clerk;
NOW,THEREFORE,
BE IT ORDAINED by the City Council of the City of Waukee,Iowa:
Section 1.Ordinance No.2492,passed on October 4,2004,is hereby amended
by repealing the text of Section 3 thereof in its entirety and by the substitution,in lieu
thereof,of the following new Section 3:I
The rezoning of the subject properly IS expressly subject to the
following conditions:
a.On or before,October 4,2006,or six months following the APR
Determination Date,whichever is later,the property owner shall
submit a site plan,and receive City site plan approval,for a
development proj ect that complies with all "C-l"zoning and
Arterial Corridor Overlay District building standards.
b.On or before,October 4,2006,or six months following the APR
Determination Date,whichever is later,the property owner shall
apply for and receive a building permit from the City for a
development project that complies with all "C-l"zoning and
Arterial Corridor Overlay District building standards.
c.On or before October 4,2007,or eighteen months following the
APR Determination Date,whichever is later,the property owner
shall apply for and receive a certificate of occupancy from the City
for a development project that complies with all "C>l "zoning and
Arterial Corridor Overlay District building standards.
If the property owner fails to comply with any of the foregoing
conditions a,b or c,and if the property fails to obtain an extension of
the time for completion of any of said conditions from the City Council
on or before the end of the applicable time period,then the zoning of the
subject property shall inlmediately revert to its prior classification of
"M-lA,"without any further action by the City Councilor any other
City representative,without any further action by the City Councilor
any other City representative,and all uses of the subject property that do
not conform to the "M-lA"District regulations shall be unlawful and
shall cease.
Section 2.Except as amended by the foregoing Section 1 hereof,Ordinance
No.2492 shall remain in full force and effect.
Section 3.Severability Clause.If any section,provision or part of tins
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.
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Section 4.Effective Date.This Ordinance shall be in effect upon its final
passage,approval and publication as provided by law.
Passed by the Council the ill day of November 2005,and approved this ih day of
November 2005.
ATTEST:
7Vt~~=-Mark J.ArV'Administrator/Clerk
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