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HomeMy WebLinkAbout2005-12-05-Ordinance 2561_Rezoning, Williams Pointe Plat 9ORDINANCE NO.2561 AN ORDINANCE TO AMEND CHAPTER 301,'vVAUKEE iVruNICIP AL CODE,ZONING I ORDINANCE OF THE CITY OF WAUKEE,IOWA,BY RE-ZONING AND CHANGING CERTAIN PROPERTY THEREIN FROM C-1A [NEIGHBORHOOD COMMERCIAL DISTRICT] TO R-3 [RENTAL MULTT-FAMJLY RESIDENTIAL DTSTRICTJ,AND THEN FROM C-1A NElGHBORHOOD COMMERClALDlSTR1CT]AL"iDR-3 [RENTAL MULTI-FAMILY RESIDENTIAL DISTRICT]TO PD-1 [PLAL'mED DEVELOPMENT OVERLAY DISTRICT];AND AMEND THE OFFICIAL ZONING MAP TO SHOW RE-ZONING. 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 legally described real estate :l1'0111 C-1A (Neighborhood Commercial District): APART OF LOT 1,WILLIAMS POINTE PLAT 5 AN OFFICIAL PLAT IN THE CITY OF WAUKEE,DALLAS COUNTY,IOWA AND MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1;THENCE SOUTH 89°37'31"EAST,707.63 FEET TO THE NORTHEAST CORNER OF SAID LOT 1;THENCE SOUTHERLY ALONG THE EAST LINE OF SAID LOT 1 AND A CURVE CONCAVE EASTERLY WHOSE RADIUS IS 1285.00 FEET,WHOSE ARC LENGTH IS 108.62 FEET AND WHOSE CHORD BEARS SOUTH 2"48'02"WEST,108.58 FEET;THENCE SOUTH 00°22'44" WEST CONTII\TlJING ALONG SAID EAST LINE,155.95 FEET;THENCE NORTH 89°50'37" WEST,199.14 FEET;THENCE SOUTH 00"09'23"WEST,217.14 FEET;THENCE NORTH 89"50']7"WEST.222.30 FEET;THENCE NORTH 00°09'23"EAST,217.14 FEET;THENCE NORTH 89"50'37"WEST,281.31 FEET TO THE WEST LINE OF SAID LOT 1;THENCE NORTH 00"18'53"EAST ALONG SAID WEST LINE,267.11 FEET TO THE POINT OF BEGINNING AND CONTAINING 5.40 ACRES (235,247 SQUARE FEET). PROPERTY SUBJECT TO ANY AND ALL EASEMENTS OF RECORD. To R-3 (Rental Multi-Family Residential District),legally described as follows: APART OF LOT 1,WILLIAMS POINTE PLAT 5 AN OFFICIAL PLAT IN THE CITY OF WAUKEE,DALLAS COUNTY,IOWA AND MORE PARTICULARLY DESCRffiED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1;THENCE SOUTH 89°37'31"EAST,707.63 FEET TO THE NORTHEAST CORNER OF SAID LOT 1;THENCE SOUTHERLY ALONG THE EAST LINE OF SAID LOT 1 AND A CURVE CONCAVE EASTERLY WHOSE RADTIJS IS 1285.00 FEET,WHOSE ARC LENGTH IS 108.62 FEET AND WHOSE CHORD BEARS SOUTH 2°48'02"WEST,108.58 FEET;THENCE SOUTH 00°22'44" WEST CONTINUING ALONG SAID EAST LINE,155.95 FEET;THENCE NORTH 89°50'37" WEST,199.14 FEET;THENCE SOUTH 00°09'23"WEST,217.14 FEET;THENCE NORTH 89°50'37"WEST,222.30 FEET;THENCE NORTH 00°09'23"EAST,217.14 FEET;THENCE NORTH 89°50'37"WEST,281.31 FEET TO THE WEST LINE OF SAID LOT 1;THENCE NORTH 00°18'53"EAST ALONG SAID WEST LINE,267.11 FEET TO THE POINT OF BEGINNING AND I CONTAINING 5.40 ACRES (235,247 SQUARE FEET). PROPERTY SUBJECT TO ANY AND ALL EASEMENTS OF RECORD. And then rezoning from C-IA (Neighborhood Commercial District),legally described as follows: APART OF LOT 1,WILLIAMS POINTE PLAT 5 AN OFFICIAL PLAT IN THE CITY OF WAUKEE,DALLAS COUNTY,lOW A AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1;THENCE NORTH 00°18'53"EAST ALONG THE WEST LINE OF SAID LOT 1,A DISTANCE OF 458.08 FEET; THENCE SOUTH 89"50'37"EAST,281.31 FEET;THENCE SOUTH 00"09'23"WEST,217.14 FEET;THENCE SOUTH 89°50'37"EAST,222.30 FEET;THENCE NORTH 00°09'23"EAST, 217.14 FEET;THENCE SOUTH 89°50'37"EAST,199.14 FEET TO THE EAST LINE OF SAID LOT 1;THENCE SOUTH 00°22'44",NEST ALONG SAID EAST LINE,433.08 FEET;THENCE SOUTHWESTERLY ALONG A CURVE CONCAVE NORTHWESTERLY WHOSE RADIUS IS 25.00 FEET,WHOSE ARC LENGTH IS 39.17 FEET AND WHOSE CHORD BEARS SOUTH 45°15'49"WEST,35.28 FEET;THENCE NORTH 89°51 '7"WEST ALONG THE SOUTH LINE OF SAID LOT 1,677.34 FEET TO THE POINT OF BEGINNING AND CONTAINING 6.28 ACRES (273,359 SQUARE FEET). PROPERTY SUBJECT TO ANY AND ALL EASEMENTS OF RECORD. And R-3 (Rental Multi-Family Residential District),legally described as follows: APART OF LOT 1,WILLIAMS POINTE PLAT 5 AN OFFICIAL PLAT IN THE CITY OF WAUKEE,DALLAS COUNTY,IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1;THENCE SOUTH 89°37'31"EAST,70763 FEET TO TIlE NORTHEAST CORNER OF SAID LOT 1;THENCE SOUTHERLY ALONG THE EAST LINE OF SAID LOT I AND A CURVE CONCAVE EASTERLY WI-lOSE RADIUS IS 1285.00 FEET,WHOSE ARC LENGTH IS 108.62 FEET AND WHOSE CHORD BEARS SOUTH 2"48'02"WEST,108.58 FEET;THENCE SOUTH 00°22'44" WEST CONTINUING ALONG SAID EAST LINE,155.95 FEET;THENCE NORTH 89°50'37" WEST,199.14 FEET;THENCE SOUTH 00°09'23"WEST,217.14 FEET;THENCE NORTH 89°50'37"WEST,222.30 FEET;THENCE NORTH 00°09'23"EAST,217.14 FEET;THENCE NORTH 89°50'37"WEST,281.31 FEET TO THE WEST LINE OF SAID LOT 1;THENCE NORTH 00°18'53"EAST ALONG SAID WEST LINE,267.11 FEET TO THE POINT OF BEGINNING AND CONTAINING 5.40 ACRES (235,247 SQUARE FEET). PROPERTY SUBJECT TO ANY AND ALL EASEMENTS OF RECORD. To PD-l (Planned Development Overlay District),legally described as follows: LOT I,WILLIAMS POINTE PLAT 5,IN THE CITY OF WAUKEE,DALLAS COUNTY, row A,CONTAINING 508,606 SF (11.68 ACRES). PROPERTY SUBJECT TO ANY AND ALL EASEMENTS OF RECORD. Also known as Williams Pointe Plat 9,and that the Official Zoning Map be made to reflect such amendment. 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 5th day of December 2005,and approved this S'h day of December 2005.