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HomeMy WebLinkAbout2002-11-04-Ordinance 2390_Rezoning, Olive GlenOrdinance No.2390 AN ORDINANCE TO AMEND CHAPTER 301,WAUKEE MUNICIPAL CODE,ZONING ORDINANCE OF THE CITY OF WAUKEE,rowA,BY RE- ZONING AND CHANGING CERTAIN PROPERTY THEREIN FROM A-I (AGRICULTURAL DISTRICT)TO THE FOLLOWING ZONES:TO C-l (COMMUNITY AND HIGHWAY SERVICE COMMERCIAL DISTRICT)AND TO C- IA (NEIGHBORHOOD COMMERCIAL DISTRICT);AND THEN BY REZONING AND CHANGING CERTAIN PROPERTY THEREIN FROM C-l (COMMUNITY AND HIGHWAY SERVICE COMMERCIAL DISTRICT)AND FROM C-IA (NEIGHBORHOOD COMMERCIAL 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 A-I (Agricultural District): THE EAST Y,OF THE NORTHEAST Y.OF SECTION 34,TOWNSHIP 79 NORTH,RANGE 26 WEST OF THE 5TH P .M.,CITY OF WAUKEE,DALLAS COUNTY lA,EXCEPT THAT PORTION DEEDED FOR ROAD PURPOSES: TO C-I (Community and Highway Service Commercial),legally described as follows: THE EAST Y,OF THE NORTHEAST Y.OF THE SECTION 34,TOWNSHIP 79 NORTH,RANGE 26 WEST OF THE 5TH P.M.,CITY OF WAUKEE,DALLAS COUNTY,IOWA,EXCEPT THAT PORTION DEEDED FOR ROAD PURPOSES AND EXCEPT COMMENCING AS A POINT OF REFERENCE AT THE EAST Y. CORNER OF SAID SECTION 34;THENCE S89°56'10"W,521.51 FEET ALONG THE SOUTH LINE OF THE NORTHEAST Y.OF SAID SECTION 34 TO THE POINT BEGINNING;THENCE S89°56'10"W,800.00 FEET ALONG SAID SOUTH LINE TO THE SOUTHEAST CORNER OF WESTGATE PLAT 1,AN OFFICIAL PLAT; THENCE NOooOO'OO"E,2159.84 FEET ALONG THE EAST LINES OF THE OFFICIAL PLATS WESTGATE PLAT 1,2,3,AND 4 TO A POINT;THENCE N90000'00''E,150.55 FEET TO A POINT OF CURVATURE;THENCE EASTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 400.00 FEET AND A CHORD BEARING OF S75"00'00"E,AN ARC LENGTH OF 209.44 FEET TO THE POINT OF TANGENCY,THENCE S60000'00''E,267.09 FEET TO A POINT; THENCE S30000'00''W,229.75 FEET TO A POINT OF CURVATURE;THENCE SOUTHERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 500.00 FEET AND A CHORD BEARING OF SI5°00'00"W,AN ARC LENGTH OF 261.80 FEET TO A POINT OF TANGENCY;THENCE SOooOO'OO"E,605.02 FEET TO A POINT OF CURVATURE;THENCE SOUTHERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 400.00 FEET,AND A CHORD BEARING OF S45°00'00"E,AN ARC LENGTH OF 628.32 FEET TO A POINT;THENCE SOOOOO'OO"W,517.83 FEET TO THE POINT OF BEGINNING AND CONTAINING 26.13 ACRES MORE OR LESS. AND TO C-lA (Neighboorhood Commercial),legally described as follows: A PARCEL OF LAND IN THE EAST 12 OF THE NORTHEAST \14 OF THE SECTION 34,TOWNSHIP 79 NORTH,RANGE 26 WEST OF THE 5TH P.M.,CITY OF WAUKEE,DALLAS COUNTY,IOWA,THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:COMMENCING AS A POINT OF REFERENCE AT THE EAST Y.CORNER OF SAID SECTION 34;THENCE S89°56'10"W,521.51 FEET ALONG THE SOUTH LINE OF THE NORTHEAST Y.OF SAID SECTION 34 TO THE POINT OF BEGINNING;THENCE S89°56'10"W,800.00 FEET ALONG SAID SOUTH LINE TO THE SOUTHEAST CORNER OF WESTGATE PLAT 1,AN OFFICIAL PLAT;THENCE NOooOO'OO"E,2159.84 FEET ALONG THE EAST LINES OF THE OFFICIAL PLATS WESTGATE PLAT 1,2,3,AND 4 TO A POINT; THENCE N90000'00''E,150.55 FEET TO A POINT OF CURVATURE;THENCE EASTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 400.00 FEET AND A CHORD BEARING OF S75°00'00"E,AN ARC LENGTH OF 209.44 FEET TO THE POINT OF TANGENCY;THENCE S60000'00''E,267.09 FEET TO A POINT;THENCE S30000'00''W,229.75 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 500.00 FEET AND A CHORD BEARING OF SI5°00'00"W,AN ARC LENGTH OF 261.80 FEET TO A POINT OF TANGENCY;THENCE SOooOO'OO"E,605.02 FEET TO A POINT OF CURVATURE;THENCE SOUTHERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 400.00 FEET,AND A CHORD BEARING OF S45°00'00"E,AN ARC LENGTH OF 628.32 FEET TO A POINT;THENCE SOooOO'OO"W,517.83 FEET TO THE POINT OF BEGINNING AND CONTAINING 26.13 ACRES MORE OR LESS. And then by rezoning from the above legally described C-l (Community and Highway Service Commercial District)and from the above legally described C-lA (Neighborhood Commercial)to PD (Planned Development Overlay District),legally described as follows: THE EAST 12 OF THE NORTHEAST Y.OF SECTION 34,TOWNSHIP 79 NORTH,RANGE 26 WEST OF THE 5TH P.M.,CITY OF WAUKEE,DALLAS COUNTY IA,EXCEPT THAT PORTION DEEDED FOR ROAD PURPOSES: This property also known as Olive Glen and formerly known as the Hawbaker Property. Section 2 The foregoing has been re-zoned herein conditioned upon compliance with Exhibits A,B,C and D as presented to the Planning and Zoning Commission on 09-24-02 and affrrmed to the Council on October 21,2002;snch condition to be footnoted on the zoning map and referred to in this ordinance. Section 3 Repealer.All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.1 Section 4 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 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 ofthe City of Waukee,Iowa,this 4th day of November 2002, and approved this 4th day of November 2002._ ~l2-~ Mark D.Leslie,Mayor Olive Glen Re-Zoning Exhibit "A"Legal Description of the Hawbaker Property prepared by Civil Engineemg Consultants,Urbandale,Iowa LEGAL DESCRIPTION THE EAST Y,OF THE NORTHEAST y.,OF SECTION 34,TOWNSHJP 79 NORTH,RANGE 26 WEST OF THE 5TH P.M.,CITY OF WAUKEE, DALLAS COUNTY IA,EXCEPT THAT PORTION DEEDED FOR ROAD PURPOSES Exhibit "B"Sets forth the narrative as to the PD (Planned Development District),all as prepared by RDG Crose Gardner Shukert,Inc.,land planners and landscape architects.-Preliminary Land Use Plan Exhibit "c"Is a narrative regarding the specifics ofthe PD (planned Development District)as prepared by RDG Crose Gardner Shukert,Inc.,land planners and landscape architects.] Exhibit "D"Is the Utility Plan as prepared by Civil Engineering Consultants,Urbandale,Iowa and may be found in the Code Compliance Office. ill ill ill ill ill m m mm L L L L m c "ocLaaaa"a '"0- ~-Q r-C'j '""'"'"j!)'<t iJ}'<t illm&&L~ca«~~~~~"-~w;;Z 1lI'>l 0 0o~~~I-l'fulL fu~'"z~z-;igIII.III <Jl~ti &0 "*<ft 7f.;;.a.Q Q ~Q 0III 10-11 EXHIBIT C )August 27,2002 HAWBAKER:OLIVE GLEN DEVELOPMENT WAUKEE,IOWA RDG 21493.00 PD PLANNED DEVELOPMENT DISTRICT APPROXIMATELY 75 ACRE DEVELOPMENT APPLICATION REQUIREMENT ITEM 1 Location,Size,Legal Description (See exhibit A) @ The project is approximately 75 acres In size and is located adjacent to Alice's Road and Highway 6. @ The proposed development,Olive Glen,is comprised of approximately 75 acres.This proposal incorporates two zoning Classifications,C-1 "Community and Highway Commercial Service District"and CiA "Neighborhood Commercial District",as presently established in the Waukee Zoning Ordinance.It is the Intent of this plan to meet all of the requirements of the respective ordinances except as modified by this submittal. ITEM 2 Topography (See Exhibit B &D) ITEM 3 Location qnd Description of Major Site Features,including Tree Masses, Drainageways,Wetlands,Soils (See Exhibit D) @ Property Is Agricultural Cropland with no existing tree masses. ITEM 4 Location of 100 Year Floodplains (Not Applicable) ITEM 5 Generalized Land Use Plan (See Exhibit B) ITEM 6 Proposed Types And Densities Of Development @ Uses are intended to meet those uses as identified in the C1 and CiA Zoning Districts with the following exclusions: A.C-1 exclusions a.3m Truck Stop b.3(h)RV Park c.2(p)Night Clubs and Taverns shall not be allowed on the west 300 feet of parcel 8 B.CiA exclusions a.4(jj)Restaurants and Cafes ITEM 7 Generalized Internal and External Transportation and Circulation System, including Pedestrian and Bicycle Systems (See Exhibit B) ITEM 8 Location of Driveways or Access Points Adjacent to the Project (See Exhibit B) ITEM 9 General Location and Size of Building or Building Footprints (Not Applicable)IITEM10SiteMasterPlan,including General Envelopes of Buildings,Parking,Open Space,and other Site Features (Not applicable) HAWBAKER:OLIVE GLEN DEVELOPMENT August 27,2002 Page Two ITEM 11 Description and Location of All Use Types included in the Project,including Maximum Floor Areas Devoted to Each Use (See Exhibit B and Exhibit C) ITEM 12 Location and Design of Vehicular,Bicycle,and Pedestrian Circulation Systems,including Relationship to External Transportation System (See Exhibit B) ITEM 13 Schematic Location and Development Standards for Open Space,including Conceptual Landscape Plan (See Exhibit B) ITEM 14 Building Design Standards,including Height,Materials,Sections,and Other Information Required to Describe the Project @!Maximum Building Height in C1 and CiA:40 feet @!Architectural Compatibility:Dominance of masonry and warm tone colors materials for both C1 and CiA land use zones would be brick,CMU split face of burnished,precast concrete,and architectural metal panels.60%of building facades would incorporate these materials.Efface materials could be utilized above 4 feet from grade line. ITEM 15 Location of Existing and Proposed Utilities,Sanitary Sewer,Storm Water Facilities,and Water,Gas,and Electrical Distribution Systems (See Exhibit D).in addition to what is indicated,the preliminary plat when submitted wiil include a is'Public Utility Easement (PUE)around the perimeter of property with the exception of the west side of the property that abuts the proposed Parkland Strip.In this case,the PUE would fail within the Parkiand buffer strip. ITEM 16 Proposed Site Deveiopment Requlatlons,including Maximum FAR or other Density Regulator,Building and Impervious Coverage,Setbacks,Maximum Heights,and other Design Standards Specific to the Project @!Lighting (street):City standards. @!Lighting (parking):30 ft high poles,metal halide or high pressure sodium, sharp cutoff fixture type. @!C1:.40 FAR @!CiA:.30 FAR @!Internal public streets to have street trees spaced at SO ft.DC or 3/4 (mature canopy)5 ft.inside property iine---adjustments will be made for access drives. @ Internal and external streets to have 36 inch minimum berm in landscaped yards adjacent to parking .. @!Roof top mechanical units shall be screened with material complementary to building facades. ITEM 17 Proposed Public and Private Ownership Boundaries,including Proposed Private Lots and Common Ownership Areas (See Exhibit B).In addition to what is shown on Exhibit B,there wili be a 30 ft.recreation trail easement granted on the south side of the property that is not already indicated as parkland.This will be indicated on the Preliminary Plat when it is submitted. ITEM 18 Preliminary Plat,If Applicable (Not Applicable) HAWBAKER:OLIVE GLEN DEVELOPMENT August 27,2002 Page Three I ITEM 19 Final Plat,If Applicable (Not Applicable) ITEM 20 Schedule Indicating Proposed Phasing and Scheduling of Development III It is anticipated that this project will be completed in 10 years.First phase will likely begin in the next two years. ITEM 21 Deed Restrictions,Covenants,Agreements,Association Bylaws,and Other Documents Controlling the Use of Properly,Type of Construction or Development or Activities of Future Residents (Not Applicable) ITEM 22 Application Checklist on a Form Provided by the City of Waukee (Not Applicable) END OF DOCUMENT REG:vls 21493.00MS2 1