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Home My WebLink About2007-08-06-Resolutions 07-155_Stone Prairie - Zoning Change - Development AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 07-155 APPROVING THE ZONING CHANGE AND DEVELOPMENT AGREEMENT BETWEEN THE CITY OF WAUKEE AND STONE PRAIRIE,L.L.C. IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA WHEREAS,the City of Waukee,Dallas County,State oflowa,is a duly organized Municipal Organization;AND, WHEREAS,the City of Waukee proposes to enter into a Zoning Change and Development Agreement with Stone Prairie,L.L.C.for the proposed Stone Prairie subdivision;AND, WHEREAS,the Zoning Change and Development Agreement,which is hereto attached and thereby made a part hereof,is supported by Waukee City staff and representatives of Stone Prairie,L.L.c.;AND; WHEREAS,on August 6,2007,the Waukee City Council approved the rezoning application of Stone Prairie,L.L.c.for the proposed Stone Prairie subdivision contingent upon said zoning ordinance being subject to the terms,limitations and conditions of the Zoning Change and Development Agreement (Ordinance #2610);AND, NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 6th day of August 2007 that it hereby approves the Zoning Change and Development Agreement with Stone Prairie,L.L.C. Attest: ROLL CALL VOTE AYE NAY ABSENT Donald L.Bailey,Jr.X Isaiah McGee X Jeff Mertz X Darlene Stanton X Mike Watts X ZONING CHANGE AND DEVELOPMENT AGREEMENT This Zoning Change and Development Agreement ("Agreement")is made and entered into this day of ,2007,by and between the CITY OF WAUKEE,IOWA, a municipal corporation ("City"),and STONE PRAIRIE,LLC,an Iowa limited liability company ("Property Owner"). WITNESSETH: WHEREAS,Property Owner presently owns certain real property located within the corporate limits of the City which is legally described on Exhibit "A",attached hereto (the "Property");and WHEREAS,Property Owner has submitted a Development Plan prepared by Civil Design Advantage,dated June 5,2007,for the development of the Property ("Development Plan");and WHEREAS,the City and Property Owner desire that the Property be rezoned from A-I (Agricultural District)to R-2 (One and Two Family Residential District),R-4 (Row Dwelling and Townhome Dwelling District and C-IA (Neighborhood Commercial District)prior to development in accordance with,and in consideration of,the provisions of this Agreement and Section 414.5 of the Iowa Code;and WHEREAS,Property Owner and the City wish to set forth their agreements with respect to the conditions and restrictions which will arise with respect to the Property as a result of such rezoning and development. NOW,THEREFORE,in consideration of the above premises,the rezoning of the Property and the promises and agreements set forth herein,it is hereby agreed between Property Owner and the City as follows: 1.Rezoning.The Property shall be rezoned to R-2 (One and Two Family Residential District),R-4 (Row Dwelling and Townhome Dwelling District)and C-IA (Neighborhood Commercial District)from its present zoning classification of A-I (Agricultural District). 2.Development Plan.The Property Owner has submitted a Development Plan in conjunction with the Property Owner's request for rezoning.A copy of the Development Plan is attached hereto as Exhibit "B."The Property Owner agrees that the development of the Property shall be consistent with the Development Plan. 3.Restrictions on C-IA (Neighborhood Commercial District)Zoned Property. Notwithstanding the general zoning classification of C-IA,the following uses of the Property or any portion thereof shall not be permitted (terms defined in the City's Zoning Ordinance shall have the same meaning when used herein,unless defined otherwise in this Agreement): (I)Hospitals,clinics or group medical centers. (2)Launderettes or coin-operated laundry mats. (3)Stand alone drive-through fast food restaurants. 4.Architectural and Site Requirements related to C-1A (Neighborhood Commercial District)Zoned Property.In addition to the following requirements as stated below,all site plans for developments within the C-1A (Neighborhood Commercial District)zoned property,shall be consistent with the requirements as stated in the Waukee Site Plan Ordinance. (1)All buildings shall have a minimum of sixty (60)percent brick,stone or glazed surfacing on each elevation. (2)All buildings and structures shall be designed with an articulated roofline, giving emphasis to architectural elements that will help divide the mass of a large building into smaller,identifiable parts. (3)Architectural design elements shall be incorporated into the side and rear building elevations similar to those used in the front building elevation. (4)All buildings shall be restricted to one story in height. (5)Any convenience store shall be designed in a manner where the gas pump islands are located so they are not visible from SE LA Grant Parkway (V Avenue)or SE Westown Parkway (312'h Place).Advertisement of tobacco and alcohol that can be seen from the outside shall be prohibited. (6)Sites shall be designed to incorporate sidewalk and trail connections to both the public trail system and the public sidewalks within the entire property. 5.Buffers.The term "buffer,"as used herein,shall mean an area of open space, which shall not include any building,structure or parking lot.When a final plat is approved for the Property,Property Owner shall provide a twenty-five (25)foot landscaped buffer easement area adjacent to SE Westown Parkway (312'h Place)and SE LA Grant Parkway (V Avenue),as shown on the Development Plan.A twenty-five (25)foot landscaped buffer shall also be provided on the property zoned C-IA (Neighborhood Commercial District)that is adjacent to the property zoned R-4 (Row Dwelling and Townhome Dwelling District)at such time as the C-IA (Neighborhood Commercial District)is developed. All planting materials placed in the landscaped buffer areas shall meet the requirements of the Waukee Zoning Ordinance and Site Plan Ordinance in regard to minimum size.Property Owner agrees to grant to the City the landscape buffer easements identified above at the time of final platting of any portion of the Property.The landscaped buffer easements shall provide that Property Owner,its successors and assigns perpetually maintain such plantings in accordance with the Waukee Zoning Ordinance and Site Plan Ordinance. 6.Declaration of Covenants,Restrictions and Easements.Property Owner shall,at the time of approval of a final plat for the Property related to the C-IA (Neighborhood Commercial District),record with the county recorder a declaration regarding the establishment of certain easements and the declaration of certain restrictions and covenants,including but not limited to,open space preservation requirements,responsibility for landscaping maintenance, 2 trash collection schedule,and a prohibition on temporary structures.The Declaration shall be subject to the review and approval of the City prior to its adoption and recording. 7.Binding.The terms and conditions of this Agreement shall be binding upon and shall inure to the benefit of the heirs,successors and assigns of the respective parties hereto,and all of the terms and conditions of this Agreement shall constitute conditions,covenants and restrictions running with the land in perpetuity for the Property. 8.Severability.If any provision hereof is for any reason unenforceable or inapplicable,the other provisions hereof will remain in full force and effect in the same manner as if such unenforceable or inapplicable provisions had never been contained herein. 9.Governing Law.This Agreement shall be governed by and construed III accordance with the laws of the State ofIowa. 10.Effective.This Agreement is subject to and contingent upon approval by the Waukee City Council of the rezoning of the Property in accordance with paragraph 1.In the event the Waukee City Council does not approve said zoning change,this Agreement shall be null and void. 11.Recording.This Agreement shall be recorded with the Dallas County,Iowa, Recorder,as an exhibit to the ordinance rezoning the Property,and shall constitute a valid and effective agreement pursnant to the terms and conditions of Section 414.5 of the Iowa Code. [REMAINDER OF rms PAGE INTENTIONALLY LEFT BLANK;SIGNATURE PAGE FOLLOWS.] I 3 IN WITNESS WHEREOF,the parties have executed this Agreement effective as of the date first above written. CITY OF WAUKEE By:_ William F.Peard,Mayor Attest: JeffL.Kooistra,City Administrator/City Clerk STATE OF IOWA ) )SS. COUNTY OF DALLAS ) On this day of ,2007,before me,the undersigned,a Notary Public in and for the State of Iowa,personally appeared William F.Peard and Jeff L.Kooistra,to me personally known,and who,being by me duly sworn,did say that they are the Mayor and City Administrator/City Clerk,respectively,of the City of Waukee,Iowa;that the seal affixed to the foregoing instrument is the corporate seal of the corporation,and that the instrument was signed and sealed on behalf of the corporation,by authority of its City Council,as contained in the Resolution No.adopted by the City Council on the __day of _ 2007,and that William F.Peard and Jeff L.Kooistra acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation,by it voluntarily executed. Notary Public in and for the Stale onawa My Commission expires _ 4 PROPERTY OWNER: STONE PRAIRIE,LLC By:_ Name:._ Title:_ STATE OF IOWA ) )ss: COUNTY OF ) On this __day of ,2007,before me,the undersigned,a Notary Public in and for the State of Iowa,personally appeared ,to me personally known who being by me duly sworn,did say that the person is the c--------:--of STONE PRAIRIE,LLC,an Iowa limited liability company,and that the instrument was signed on behalf of said corporation by authority of its officers;and that said person acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the corporation by it voluntarily executed. Notary Public in and for the State ofIowa My Commission expires _ 5 EXHIBIT A LEGAL DESCRIPTION GOVERNMENT LOT 16 IN SECTION 5,TOWNSHIP 78 NORTH RANGE 26 WEST OF THE 5TH P.M.,WAUKEE,DALLAS COUNTY,IOWA 6 :H:l31 I ;~33NI!lN313£)\flNVAa\f NElIS30 111110IVh'lOl'33)fflVM O~PI>-69C('HsJ;l(t!:l OO~v-69E(!i~9}:Hd ~~ IIIO!iVMOl'S3I'1Il:!!lEl31lnS41UIMNW9S ......",.~ .. I\ \zec-'"-.~ "z~zW~o,,~ H~,n> H~ ~Qcc [" N\t1d l.N3Wd0131\30 31~I~d 3NOl.S 1