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HomeMy WebLinkAbout1998-02-23-Ordinance 2236_Rezoning, Unnamed PropertyORDINANCE NO.2236 AN ORDINANCE TO AMEND CHAPTER 301,WAUKEE MUNICIPAL CODE, ZONING ORDINANCE OF THE CITY OF WAUKEE,IOWA,BY RE-ZONING AND CHANGING CERTAIN PROPERTY THEREIN FROM A-I (AGRICULTURAL DISTRICT) TO R-3 (MULTI-FAMILY RESIDENTIAL)AND FROM A-I (AGRICULTURAL DISTRICT)TO R-4 (ROW DWELLING AND CONDOMINIUM DWELLING DISTRICT) AND AMENDING 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 as follows: Parcell to be rezoned from A-I (Agricultural District)to R-3 (Multi-Family Residential District) legally described as follows: An irregularly shaped portion of the southeast quarter (SE 1/4)of Section 34,Township 79 North, Range 26 West of the 5th P.M.,Waukee,Dallas County,Iowa,More Accurately Described as follows: Commencing at the Northwest comer of the SE 1/4 of said section 34;thence,SOO-O1-33 W (bearing established for the plat of survey of parcel "C"in the east 1/4 of the SE.1/4 of said section 34)along the west line of the SE.1/4 of said Section 34.A distance of 1148.92 feet to the point of beginning; thence,N90-00-00 E,a distance of 51.65 feet;thence northeasterly along a 250.00 feet radius curve concave northwesterly,a distance of250.65 feet,said curve having a chord bearing ofN61-16-40 E and a chord length of240.28 feet;thence,N32-33-19 E,a distance of 689.31 feet;thence,S57-26- 41 E,a distance ofl29.34 feet;thence easterly along a 1317.47 feet radius curve concave northerly, a distance of 683.40 feet,said curve having a chord bearing of S72-18-18 E and a chord length of 675.76 feet to the east line of the west 3 acres of the east 'I,of the SE.1/4 of said section 34;thence, SOO-OI-03E along the east line of the west 3 acres of the east Yz of the SE.1/4 of said Section 34, a distance of 1332.03 feet to the northerly right-of-way line of the Chicago-Northwestern Railroad as it is presently established;thence,N63-13-31 W along the northerly right-of-way line of said Chicago-Northwestern Railroad,a distance of 1553.12 feet to the west line of the SE.1/4 of said section 34;thence,NOO-0l-33 E along the west line of the SE.1/4 of said section 34,a distance of 210.90 feet to the point of beginning. Said tract ofland contains 30.414 acres more or less. Parcels 2 and 3 to be rezoned from A-I (Agricultural District)to R-4 (Row Dwelling and Condominium Dwelling District)legally described as follows:IParcel#2 An irregularly shaped portion of the southeast quarter (SE.1/4)of Section 34,Township 79 north, Range 26 west ofthe 5th p.m.,Waukee,Dallas County,Iowa more accurately described as follows: Beginning at the northwest corner of the SE.1/4 of said section 34;thence,N89-49-25 E (bearing established for the plat of survey of Parcel "C"in the east 1/4 of the SE.1/4 of said Section 34)along the north line of the SE.1/4 of said section 34,a distance of 1385.37 feet to the east line of the west 3 acres of the east Yz of the SE.1/4 of said Section 34,thence,SOO-01-03 E along the east line of the west 3 acres of the east Yz of the SE.1/4 of said section 34,a distance of731.71 feet;thence westerly along a 1317.47 feet radius curve concave northerly,a distance of 683.40 feet,said curve having a chord bearing ofN72-18-18 Wand a chord length of 675.76 feet;thence,N57-26-41 W,a distance of 449.86 feet;thence westerly along a 580.44 feet radius curve concave southerly,a distance of 329.80 feet,said curve having a chord bearing ofN73-43-20 W and a chord length of325.39 feet; thence,N90-00-00 W,a distance of 50.37 feet to the west line of the SE.1/4 of said section 34; thence,NOO-01-33 E along the west line of the SE.1/4 of said section 34,a distance of 188.77 feet to the point of beginning. Said tract ofland contains 15.029 acres more or less. Parcel #3 An irregularly shaped portion of the southeast quarter (SE.1/4)of Section 34,Township 79 North, Range 26 West of the 5th p.m.,Waukee,Dallas County,Iowa more accurately described as follows; Commencing at the northwest corner of the SE.1/4 of said section 34;thence,SOO-OI-33W (bearing established for the plat of survey of parcel "C"in the east 1/4 of the SE.1/4 of said section 34)along the west line of the SE.1/4 of said section 34,a distance of 188.77 feet to the point of beginning; thence,N90-00-00 E,a distance of 50.37 feet;thence easterly along a 580.44 feet radius curve concave southerly,a distance of329.80 feet,said curve having a chord bearing of S73-43-20 E and a chord length of325.39 feet;thence,S57-26-41 E,a distance of320.52 feet;thence,S32-33-19 E, a distance of 689.31 feet;thence southwesterly along a 250.00 feet radius curve concave northwesterly,a distance of250.65 feet,said curve having a chord bearing of S61-16-40 W and a chord length of 240.28 feet;thence,N90-00-00 W,a distance of 51.65 feet to the west line of SE. 1/4 of said section 34;thence,NOO-01-33 E along the west line of SE.1/4 of said section 34,a distance of960.15 feet to the point of beginning. Said tract ofland contains 9.022 acres more or less This rezoning is conditioned upon:the overall density in the R-4 district not exceeding 8 units/acre,and 17 nnits/acre in the R-3 District;the ROW being provided as indicated in the conceptual plan (70 feet increasing to 100 feet);and that the width of the pavement on Olson Drive be provided,in general,as I described in the conceptual plans when the property is actually developed -such conditions as agreed to by the property owners in their letter of January 5,1998. And to amend the Official Zoning Map and republish said map to reflect the current zoning in the City of Waukee,Dallas County,Iowa. Section 2.Repealer.All ordinances or parts of ordinances in conflict with the provisions of this ordinance me 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 23rd day of February,1998,and approved this 23rd day of February,1998. Attested:Donald L.Bailey,~or Kurt A.Rueckel,City Clerk