HomeMy WebLinkAbout2004-01-26-Ordinance 2457_Rezoning, Legacy PointeOrdinance No.2457
AN ORDINANCE TO AMEND CHAPTER 301,WAUKEE MUNICIPAL
CODE,ZONING ORDINANCE OF THE CITY OF WAUKEE,IOWA,BY ADDING
TO LEGACY POINTE PLANNED DEVELOPMENT EXHIBIT E,ITEM 6B
PERMITTING THE BUILDING OF A CARWASH WHICH IS TYPICALLY
ALLOWED IN c-i RATHER THAN C-lA WITH CERTAIN CONDITIONS ADDED
THERETO SO THAT IT READS:"LOT 2 IN THE COMMERCIAL AREA OF
LEGACY POINTE WILL ALLOW FOR A CARWASH USE (TYPICALLY
ALLOWED IN ct RATHER THAN C-lA).THE DESIGN AND MATERIALS USED
FOR THIS STRUCTURE MUST BE ACCEPTABLE TO THE CITY.AS A
CONDITION FOR LOT 2 BEING USED FOR A CARWASH,AN OFFICE
BUILDING MUST BE CONSTRUCTED UPON LOT 3.NO CERTIFICATE OF
OCCUPANCY WILL BE ISSUED FOR LOT 2 PRIOR TO ONE BEING ISSUED FOR
LOT 3.A BOND MAY BE SUBMITTED FOR THE CONSTRUCTION OR
FINISHING OF THE OFFICE BUILDING,IF A CERTIFICATE OF OCCUPANCY
FOR THE CARWASH IS REQUESTED PRIOR TO THAT OF THE OFFICE";AND
AMEND THE OFFICIAL ZONING MAP
BE IT ORDAINED by the Council ofthe 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
certain specifics ofthe Legacy Pointe Planned Development Narrative by adding to
Legacy Pointe Planned Development Exhibit "E",Item "6B"permitting the building of a
carwash which is typically allowed in C-l rather than C-lA with certain conditions added
thereto so that Item 6 reads:
"ITEM 6 Proposed Types and Densities of Development (See Exhibit B)
A)The Commercial portions of the project will comply with C-lA
regulations.The Residential uses will be single family,townhome,
apartment and nursing home style.All will comply with R-3 zoning.The
support commercial portion of the multi-family structure will be clearly
designed to serve the internal population.
B)Lot 2 in the commercial area of Legacy Pointe will allow for a
carwash use (typically allowed in C-l rather than C-lA).The design and
materials used for this structure must be acceptable to the city.As a
condition for Lot 2 being used for a carwash,all office building must be
constructed upon Lot 3.No certificate of occupancy will be issued for Lot
2 prior to one being issued for Lot 3.A bond may be submitted for the
construction or finishing of the office building if a certificate of occupancy
for the carwash is requested prior to that of the office."
Section 2 Legacy Pointe was re-zoned with the condition that the developer
would always be in compliance with Exhibits A,B,C,D,E and F
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as presented to the Planning and Zoning Commission on April 8,
2003,such condition to be footnoted on the zoning map and
referred to in this ordinance."
Section 3 Exhibit "E"has now been modified and should be so noted on the
zoning map as having been amended by the Planning &Zoning
Commission on January 26,2004.
Section 4 Repealer.All ordinances or parts of ordinances in conflict with
the provisions of this ordinance me hereby repealed.
Section 5 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 6 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 26th day of January 2004,
and approved this 26th day of J anuary 2004.
Attest:
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