HomeMy WebLinkAbout2002-12-16-Ordinance 2397_Rezoning, Westgate Business Park Plat 2 MISNUMBEREDOrdinance No.2397
AN ORDINANCE TO AMEND CHAPTER 301,WAUI<EE MUNlCIP AL CODE,
ZONING ORDINANCE OF THE CITY OF W AUI<EE,IOWA,BY RE-ZONING AND
CHANGING CERTAIN PROPERTY THEREIN FROM M-1 (LIGHT INDUSTRIAL
DISTRICT)AND M -lA (LIMITED INDUSTRIAL DISTRICT)TO THE FOLLOWING
ZONE:PD (PLANNED 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 described
real estate from M -1 (Light Industrial District),legally described as follows:
A PARCEL OF LAND WITHIN THE SOUTHEAST QUARTER OF SECTION 34,
TOWNSHIP 79,RANGE 26 WEST OF THE 5TH P.M.,CITY OF WAUKEE,DALLAS
COUNTY,IOWA THAT IS MORE SPECIFICALLY DESCRIBED AS FOLLOWS:
COMMENCING AS A POINT OF REFERENCE AT THE NORTHEAST CORNER OF THE
SOUTHEAST QUARTER OF SECTION 34;THENCE S89°49'26"W,50.00 FEET ALONG
THE NORTH LINE OF SAID SOUTHEAST QUARTER OF SECTION 34 TO THE POINT
OF BEGINNING;THENCE SOoo04'00"E,1054.59 FEET TO A POINT;THENCE
NORTHWESTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 30.00
FEET,AN ARC LENGTH OF 47.12 FEET,AND A CHORD BEARING OF N45°04'00"W TO
A POINT OF TANGENCY;THENCE S89°56'00"W,663.85 FEET TO A POINT OF
CURVATURE;THENCE NORTHWESTERLY ALONG A CURVE TO THE RIGHT
HAVING A RADIUS OF 230.00 FEET AND A CHORD BEARING OF N45°04'00"W,AN
ARC LENGTH OF 329.44 FEET TO A POINT OF TANGENCY;THENCE S82°00'00"W,
288.76 FEET TO A POINT;THENCE NOooOI'33"E,863.88 FEET TO A POINT;THENCE
N89°49'25"E,1206.25 FEET TO THE POINT OF BEGINNING AND CONTAINING 26.944
ACRES MORE OR LESS.
And M-IA (Limited Industrial District),legally described as follows:
A PARCEL OF LAND WITHIN THE SOUTHEAST QUARTER OF SECTION 34,
TOWNSHIP 79 NORTH,RANGE 26 WEST OF THE 5TH P.M.,CITY OF WAUKEE,
DALLAS COUNTY,IOWA THAT IS MORE SPECIFICALLY DESCRIBED AS FOLLOWS:
COMMENCING AS A POINT OF REFERENCE AT THE NORTHEAST CORNER OF THE
SOUTHEAST QUARTER OF SECTION 34;THENCE SOoo04'00"E,1484.69 FEET ALONG
THE EAST LINE OF SAID SOUTHEAST QUARTER OF SECTION 34 TO A POINT;
THENCE S89°41 '53"W,50.00 FEET TO THE POINT OF BEGINNING;THENCE
CONTINUING S89°41 '53"W,1208.66 FEET TO A POINT;THENCE NOoo01'33"E,623.57
FEET TO A POINT;THENCE N82°00'00"E,288.76 FEET TO A POINT;THENCE
SOUTHEASTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 230.00
FEET AND A CHORD BEARING OF S45°02'00"E,AN ARC LENGTH OF 329.44 FEET TO
A POINT OF TANGENCY;THENCE N89°56'00"E,663.85 FEET TO A POINT OF
CURVATURE;THENCE SOUTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING
A RADIUS OF 30.00 FEET,AN ARC LENGTH OF 47.12 FEET TO A POINT OF
TANGENCY;THENCE SOoo04'00"E,430.21 FEET TO THE POINT OF BEGINNING AND
CONTAINING 14.251 ACRES MORE OR LESS.
To PD (planned Development Overlay District),legally described as follows:
APART OF THE SOUTHEAST QUARTER OF SECTION 34,TOWNSHIP 79
NORTH,RANGE 26 WEST OF THE 5TH P.M.,CITY OF WAUKEE,DALLAS COUNTY,
IOWA,THAT IS MORE PARTICULARL Y DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER (SE %)
OF SAID SECTION 34;THENCE SOoo04'00"E,1484.69 FEET ALONG THE EAST LINE OF
THE SOUTHEAST QUARTER (SE %)OF SAID SECTION 34 TO A POINT;THENCE
S89°41 '53"W,1258.66 FEET TO A POINT;THENCE SOO'Ol'03"E,576.29 FEET TO THE
NORTHERLY RIGHT -OF-WAY LINE OF THE RAlLROAD AS IT IS PRESENTLY
ESTABLISHED;THENCE N63°13 '31"W ALONG THE NORTHERLY RIGHT -OF-WAY
LINE OF SAID RAlLROAD,A DISTANCE OF 1553.12 FEET TO A POINT ON THE WEST
LINE OF THE SE %OF SAID SECTION 34;THENCE NOoo01'33"E ALONG THE WEST
LINE OF THE SE %OF SAID SECTION 34,A DISTANCE OF 1359.82 FEET TO THE
NORTHWEST CORNER OF THE SE %OF SAID SECTION 34;THENCE N89°49'25"E
ALONG THE NORTH LINE OF THE SE %OF SAID SECTION 34,A DISTANCE OF
2642.74 FEET TO THE POINT OF BEGINNING AND CONTAINING 97.383 ACRES MORE
OR LESS;EXCLUDING OUTLOT Z.
This property also known as Westgate Business Park Plat 2.
Section 2 The foregoing has been re-zoned herein conditioned upon compliance
with Exhibit A as affirmed to the Council on December 16,2002;such
condition to be footnoted on the zoning map and referred to in tins
ordinance.
Section 3 Repealer.All ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
Section 4 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 5 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 16th day of December 2002,and
approved this 16th day of December 2002."-batt~
...IQ,~MarkD.Leslie,yor
Mark J.Arentse 0 ity Clerk!Administrator
Westgate Business Park Plat 2 Re-Zoning
Exhibit "A"Sets Forth the Narrative as to the PD (Planned
Development District.
Exhibit "B"Final Plat
Westgate Business Park Plat 2
Amended Declaration of Covenants
December 16,2002 Exhibit A
Westgate Business Park
Waukee,Iowa
Planned Development District (PD)
Item 1 Location,Size,Legal Description
The development is 42.899 acres adjacent to and west of Alice's Road.
Lots 1 -23 of Westgate Business Park Plat 2,an Official Plat,now
included in and forming a part of the City of Waukee,Dallas County,
Iowa.
Item 2 Topography
The site has been platted and graded and a drainage system has been
designed.The topo graphy of each lot will be reviewed at Site Plan.
Item 3 Location and Description of Major Site Features,iucludiug Tree
Masses,Drainageways,Wetlands,Soils
The site has been prepared for development.No tree masses or wetlands
exist.The site has been designed to drain into a retention pond along the
western edge of the property.
Item 4 Location of 100 Year Floodplains (not applicable)
itemS Generalized Land Use Plan (See exhibit B)
Item 6 Proposed Types and Densities of Development
The land uses established for Lots 1-23 Westgate Business Park,Plat 2
shall be consistent with the general use restrictions in Light Industrial
District (lots 5-23)and the Limited Industrial District (lots 1-4).These
uses must remain on the stated lots and must follow the restrictions set
forth in the Waukee Zoning Ordinance on the date of passage of this
ordinance (sections 301.22 and 301.23 respectively).
The following uses shall not be permitted upon any lot within Westgate
Business Park:
1.
2.
3.
Bowling alleys
Gas stations
Golf Driving range and miniature golf courses 1
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Item 7
itemS
Item 9
Item 10
4.Night clubs and taverns
5.New and used car sales
6.Commercial swimmiug pools,skating rinks,drive in theatres and
other similar recreational uses and facilities
7.Liquor and beverage stores (retail)
8.Motels and motor hotels
9.Drive in restaurants
10.Recreational vehicle parks
II.Truck stops
12.Convenience stores
13.Restaurants and cafes (except on Alice's Road)
14.Drive in bank
Generalized Internal and External Transportation and Circulation
System,Including Pedestrian and Bicycle Systems (See exhibit B)
Pedestrian Circulation
There is a thirty foot easement along the north border ofthe property for a
multi-purpose traiL An additional thirty foot easement is adjacent to the
north in the Olive Glen development.Sidewalks will also be required
along public streets.
Vehicle Circulation
When possible,access management should be practiced to reduce the
number of driveways that access public streets.Shared access should be
practiced when possible within the Westgate Business Park.
Location of Driveways or Access Points Adjacent to the Project
(See exhibit B)
General Location and Size of Building or Building Footprints
All buildings will follow setbacks and mass restrictions as described in the
Waukee City Code.
Site Master Plan,Including General Envelopes of Buildings,Parking,
Open Space,and Other Site Features
Parking Requirements
A.In accordance with the parking requirements as contained ill Chapter
301.27 of the Waukee Zoning Ordinance:
1.Each lot owner shall ensure that all of its vehicles are parked
within the lot boundaries in order not to inhibit any traffic flow.
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Item 11
Item 12
Item 13
2.All driveways from the public right-of-way located on each lot
shall be paved with Portland cement or asphaltic concrete.Under
no circumstances shall gravel or loose rock be used on any
driveways.Gravel or loose rock may be used,however,in any
enclosed storage area so long as it is dust free and kept in good
repair.All automobile parking areas and primary automobile
access driveways shall have integral raised concrete curbs (at least
six (6)inches above the level of the adj acent parking area or
driveway),except where curbs are omitted to facilitate future
expansion of automobile access driveways.
Description and Location of all Use Types Included in the Project,
including Maximum Floor Areas Devoted to Each Use
M-l and M-lA uses will be present in Westgate Business Park.Lots 1-4
will contain M-lA uses and lots 5-23 will contain M-l uses.FAR's will
comply with existing standards as described in the Waukee City Code.
Location and Design of Vehicular,Bicycle,and Pedestrian Circulation
Systems,including Relationship to External Transportation System
(See exhibit B)
Schematic Location and Development Standards for Open Space,
includiug Couceptual Laudscape PIau
Landscaping
A.A landscaping planting plan shall be submitted with each site plan review
application.
B.The total land area devoted to open space and landscaping shall not be less
than ten percent (10%)of the gross land area included in the lot.
Additionally,all parking areas shall include landscaped areas,screen,
islands,etc.not less than ten percent (10%)of the interior parking area.
Such landscaped area shall be in addition to the open space and buffer
requirements.
c.Earthberming shall be a minimum of three (3)feet above the top of the curb
of the adjoining parking lot,if applicable,or public thoroughfare,and shall
be designed to not negatively affect the drainage of the surrounding area and
to be aesthetically pleasing to the general public.Higher berms may be
required it is determined by the City that this standard is inadequate to
provide effective screening and buffering.Plantings and shrubbery may be
substituted for a portion of the height of the earthbenn ifit can be shown that
the shrubbery provides adequate screening and improves the appearance of
the development.]
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D.Any development shall provide the following minimmn nmnber and size
of landscape plantings based on the minimum required open space for the
development.The following is the minimmn requirement of trees and
shrubs,by nmnber and size,and type of ground cover.Plant species to be
used for landscaping shall be acceptable to the City and are not considered
a nuisance or undesirable species,such as trees with thoms,cottonwood or
cotton-bearing poplars,elm trees prone to Dutch Elm Disease,box elder,
and silver maple.Existing trees and shrubs to be retained on site may be
counted toward fulfilhnent of the landscaping requirements.Specific
types of trees may be requested by the City in order to create a theme,or
more uniform appearance.
1.Minimmn requirements at the time of planting -Two (2)trees
minimmn or one (I)tree of the following size per 1,500 square feet
of required open space,whichever is greater:
A minimum of 40%of the trees must be greater than 1.5"caliper
diameter and all evergreen trees must be at least six (6)feet in
height.
2.Minimum requirements at the time of planting -6 shrubs,or I
shrub per 1,000 square feet of required open space,whichever is
greater.
3.To reduce erosion,all disturbed open space areas shall have
ground cover of grass or native vegetation that is installed as sod,
or seeded,fertilized and mulched.
E.Lot owners shall replace any trees or landscape material that does not
survive within the first 12 months.
Buffers
A.The owner of each lot shall keep such lot,as well as the
improvements and landscaping thereon,in a clean,safe,neat and
satisfactory condition at all times and in good repair and shall comply with
aJ1laws,ordinances and regulations pertaining to heath and safety.
B.Buffering shall be required at the rear of Lots 4,5,6 and 7,and the west
border of lot 3,to supplement the water feature already in place,and shall
consist of the following plant materials:
I.2 coniferous trees,6 feet minimum in height,per 100 lineal feet of
lot frontage measured at the rear lot line.
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2.6 shrubs,2-gallon minimum,non-compact variety,per 100 lineal
feet oflot frontage measured at the rear lot line.
When buildings on these lots make use of the Vee-Rib panel,these buffer
requirements shall be increased by 50%.
C.Buffering shall be required at the rear of Lots 8,9,10,11,12 and 13,and
shall consist of the following plant materials:
1.3 coniferous trees,6 feet minimum in height,per 100 lineal feet of
lot frontage measured at the rear lot line.
2.4 understory trees,5-gallon minimum,non-compact variety,per
100 lineal feet of lot frontage measured at the rear lot line.
Item 14 Building Design Standards,including Height,Materials,Sections,and
Other Information Required to Describe the Project
A.The architectural requirements of Chapter 304.5 of the Waukee Zoning
Ordinance shall be applicable to all Lots except as provided below:
1.Wood,vinyl,masonite,asphaltic wall material,aluminum or steel
siding,non-textured concrete block or other similar material shall
not constitute a portion of any building,except as trim material,
unless the City Council,after receiving a recommendation from the
Planning and Zoning Commission,shall determine said material
when used as a primary element,does not distract from the
physical appearance of the building.The architectural design and
use of materials for the construction shall be reviewed as part of
any site plan.
2.Building elevations shall be articulated to reduce impact of long
expanses.Articulation may be accomplished by physical offsets or
use of color.
3.Mechanical units (ground or roof-mounted),dumpsters,loading
areas and outdoor storage shall be reasonably screened from view
from any public way and adjoining properties,When reasonably
possible,building shall be oriented to limit loading docks or
loading areas from public view.
B.Buildings on Lots 1,13,14 and 23 shall comply with the following:
1.The Alice's road facade shall be comprised of not less that 60%of
any combination of the following materials:glass,brick,pre-cast
concrete,stone,split-faced or decorative block,or other similar ]
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materials.The remaining 40%of the Alice's Road facade shall be
comprised of any combination of the above materials,or may
include EIFS,flat textured metal panels,or other similar materials,
2.Facades facing other public right of ways shall be comprised of not
less than 45%of any combination of the following materials:glass,
brick,pre-cast concrete,stone,split-faced or decorative block,or
other similar materials.The remaining 55%of facades facing other
public right of ways shall be comprised of any combination of the
above materials,or may include EIFS,flat textured metal panels,
or other similar materials.
3.Facades not facing public light of ways shall consist of any
combination of glass,brick,pre-cast concrete,stone,split-faced or
decorative block,EIFS,flat textured metal panels,Vee Rib (aka
Shadowall)metal panels or other similar materials.
4.If a lot fronting on Alice's Road is split,any portion still fronting
Alice's Road must comply with Item l4-B.Any portion no longer
fronting upon Alice's Road shall comply with Item l4-C.
5.Valley Paper may build on lot 1 according to the site plan
approved on September 11,2000.
C.The architectural requirements of Chapter 304.5 of the Waukee City Code
shall be applicable to all lots other than Lots 1,13,14 or 23 except as
provided below:
1.Facades facing public right of ways shall be comprised of not less
than 60%of any combination of the following materials:glass,
brick,pre-cast concrete,stone,split-faced or decorative block,or
other similar materials.The remaining 40%of the facade facing
the public right of ways shall be comprised of any combination of
the above materials,or may include EIFS,flat textured metal
panels or other similar materials.These materials must also wrap
arouud to the sides of the building a minimum of five (5)feet.
2.Facades not facing public right of ways shall consist of any
combination of glass,brick,pre-cast concrete,stone,split-faced or
decorative block,EIFS,flat textured metal panels,Textured Vee
Rib (aka Shadowall)metal panels or other similar materials.
3.Facades facing a public right of ways on comer lots 18 and 19 with
the street address of record shall comply with C.1 above.Facades
facing a public right of ways on comer lots 18 and 19 NOT being
the facade of the street address shall comply with the B.2 above.
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Item 15
Item 16
Item 17
Item 18
Item 19
Item 20
Location of Existing and Proposed Utilities,Sanitary Sewer,Storm
Water Facilities,and Water,Gas and Electrical Distribution Systems
(Not Applicable)
Proposed Site Development Regulations,Including Maximum FAR or
Other Density Regulations,Building and Impervious Coverage,
Setbacks,Maximum Heights,and Other Design Standards Specific to
the Project
Setbacks and other Bulk Requirements
A.The setback and other bulk requirements as provided for in sections
301.22 and 301.23 shall be applicable Westgate Business Park,Plat 2
except as provided below:
1.Setbacks:
a.Front Yard:Lots 2,3 and 4:40 feet.All other lots:30
feet.
b.Side Yards:None required,except when adjacent to any
"R"District,or street right-of-way line,in which case
twenty-five (25)feet.
c.Rear Yard:35 feet.
2.Maximum height:40 feet.
3.Maximum number of stories:No limitation
Signage
Each lot owner shall be entitled to such signage as may be allowed from time to
time by the Zoning and Building Ordinances of the City of Waukee,Iowa.
Proposed Public and Private Ownership Boundaries,including
Proposed Private Lots and Common Ownership Areas
(See Exhibit B)
Preliminary Plat,If Applicable (Not Applicable)
Final Plat,If Applicable (Not Applicable)
Schedule Indicating Proposed Phasing and Scheduling of
Development I
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Item 21
Lots in this development have already been sold and building has begun.
Development should continue over the next 3-5 years.
Deed Restrictions,Covenants,Agreements,Association Bylaws,and
Other Documents Controlling the Use of the Property,Type of
Construction or Development or Activities of Future Residents
See attached 'Amended Declaration of Covenants'
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