ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 301, ZONING ORDINANCE, CITY OF WAUKEE, IOWA, BY CHANGING CERTAIN PROPERTY THEREIN FROM C- 4/PD-1 [OFFICE PARK COMMERCIAL DISTRICT/PLANNED DEVELOPMENT OVERLAY DISTRICT] TO R-3/PD-1 [RENTAL MULTI-FAMILY RESIDENTIAL DISTRICT/PLANNED DEVELOPMENT OVERLAY DISTRICT]; AND AMEND THE OFFICIAL ZONING MAP TO SHOW REZONING 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 of Waukee, Iowa, adopting the Official Zoning Map, is hereby amended by amending the zoning from C-4/ PD-1 (Office Park Commercial District/Planned Development Overlay District) to R-3/PD-1 (Rental Multi-Family Residential District/Planned Development Overlay District) for property legally described as follows: A TRACT OF LAND IN THE SOUTH ONE-HALF OF THE SOUTHWEST QUARTER (S ½ SW 1/4) OF SECTION 35, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE 5TH P.M., DALLAS COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AS A POINT OF REFERENCE AT THE SOUTH QUARTER (1/4) CORNER OF SAID SECTION 35; (FOUND CHISELED CROSS-SECTION); THENCE WEST 545.0 FEET ALONG THE SOUTH LINE OF SAID SW ¼ TO A POINT (NOT IDENTIFIED); THENCE NORTH 60.0 FEET TO THE POINT OF BEGINNING (SET 5/8 I.R. WITH CAP NO. 5931) ON THE NORTH RIGHT-OF-WAY LINE OF UNIVERSITY AVENUE; THENCE CONTINUING NORTH 407.0 FEET TO A POINT (SET 5/8 I.R. WITH CAP NO. 5931); THENCE WEST 467.0 FEET TO A POINT (SET 5/8 I.R. WITH CAP NO. 5931); THENCE SOUTH 407.0 FEET TO A POINT (SET 5/8 I.R. WITH CAP NO. 5931); SAID POINT BEING IN A FENCE ON THE NORTH RIGHT-OF-WAY OF UNIVERSITY AVENUE; THENCE EAST 467.0 FEET ALONG SAID RIGHT-OF- WAY TO THE POINT OF BEGINNING AND CONTAINS 4.36 ACRES EXCLUSIVE OF ROAD RIGHT-OF-WAY. Section 2. Planned Development Agreement. Attached hereto as Exhibit A is the Planned Development Agreement which shall define the minimum standards and requirements of the PD-1 [Planned Development Overlay District] pertaining to the above legally described property. Section 3. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hearby repealed. Section 4. Severability Clause. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not 1
affect the vailidity 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 day of, 2017, and approved this day of, 2017. Attest: William F. Peard, Mayor Rebecca D. Schuett, City Clerk 2
Exhibit A WHEN RECORDED RETURN TO: Rebecca Schuett Waukee Deputy City Clerk 230 W. Hickman Road Waukee, Iowa 50263 Preparer Information: Bradly M. Deets, City of Waukee, W. Hickman Road, Waukee, Iowa 50263 Phone (515) 987-4522 PLANNED DEVELOPMENT AGREEMENT This Planned Development Agreement (the "Agreement") is made and entered into this day of, 2017, by and between the CITY OF WAUKEE, IOWA, a municipal corporation (the "City"), and UNIVERSITY WOODS, LLC (the "Developer ). WHEREAS, Developer is the present owner of certain real property located within the corporate limits of the City, which property is legally described on Exhibit A attached hereto (the Property ); and WHEREAS, the Property is currently zoned C-4 (Office Park Commercial District) and PD (Planned Development District Overlay) subject to the planned development agreement (the Planned Development ) as recorded in Book 2008 Page 9070 within Dallas County, Iowa; and as amended in Book 2012 Page 23457 within Dallas County, Iowa; and, WHEREAS, the existing zoning and Planned Development allows for the development of a commercial office park or a skilled recovery center as identified within the Planned Development and Amended Planned Development; and WHEREAS, the Developer would like to amend the zoning and Planned Development to allow for the development of a senior living residential community consisting of assisted living units as well as memory care units. The Developer would also like to maintain the ability to develop a skilled recovery center as permitted within the Planned Development Amendment recorded in Book 2012 Page 23457; and, WHEREAS, the PD regulations require the Developer to enter into a development agreement with the City that addresses the primary objective of the development as well as providing specific guidelines and design standards for the development of the Property; 3
WHEREAS, it is the intent of this Project to meet all of the requirements of the Waukee Zoning Ordinance, Waukee Site Plan Ordinance and Waukee Sign Ordinance except as modified by this Agreement. 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 the Developer and the City as follows: 1. Zoning. The Property will be rezoned from C-4/PD-1 (Office Park Commercial District/Planned Development Overlay) to R-3/PD-1 (Rental Multi-Family Residential District/Planned Development Overlay). 2. Planned Development Amendment. This Planned Development Overlay District shall amend and replace the original Planned Development Agreement recorded in Book 2008, Page 9069 and the Amended Planned Development Agreement recorded in Book 2012 Page 23457. 3. Development Concept. As required by the PD regulations, the Developer has submitted a Development Concept in conjunction with the Developer s request for the Planned Development Overlay District to allow for the development of a senior living residential community or as an alternative, a skilled recovery center. A copy of the Development Concept for the senior living residential community is attached hereto as Exhibit B-1. A copy of the Development Concept for a skilled recovery center is attached hereto as Exhibit B-2. The Developer agrees that the development of the Property shall be consistent with the Development Concepts attached hereto as Exhibits B-1 and B-2, and shall satisfy the following requirements: (a) Restrictions on Uses. (i) (ii) (iii) Nursing, convalescent and retirement homes. A Skilled Recovery Center is defined as a non-residential facility that is established and operated exclusively for the purpose of providing comprehensive diagnostic, therapeutic, and restorative services to patients for the rehabilitation of injured, disabled, or sick persons, at a single fixed location, by or under the supervision of a physician. It also provides only those services which meet the requirements for eligibility for Medicare, Medicaid, private pay and insurance plans. Patients receiving treatment at the facility may board at the facility for a length of time as permitted and required by State and Federal laws under NF licensure, but at no time may establish permanent residency in the facility. All other uses as identified within the R-3 Rental Multi-Family Residential District shall be restricted. 4
(b) Bulk Regulations. The following minimum requirements shall be applicable as generally shown on the Development Plan: (i) (ii) (iii) (iv) Front Yard Building Setback. The minimum building front yard setback along University Avenue shall be forty (40) feet. Rear Yard Building Setback. The minimum rear yard building setback shall be thirty (30) feet. Side Yard Building Setback. The minimum side yard setback(s) shall be twenty-five (25) feet. Setback Between Buildings. The minimum setback between buildings internal to the site Project shall be twenty-five (25) feet. (v) Maximum Height. Three stories or 40 feet. (c) Parking. (i) (ii) (iii) (iv) Senior Independent Living. 1.25 stalls per unit plus 1 visitor stall for every five units. Senior Assisted Living. 1 stall per 2 dwelling units and 1 stall per staff during the shift with the largest number of employees. Memory Care. 1 stall per 2 dwelling units and 1 stall per staff during the shift with the largest number of employees. Skilled Recovery Center. 1 stall per 2 dwelling units and 1 stall per staff during the shift with the largest number of employees. (d) Buffer and Open Space Requirements. (i) Existing Vegetation. Developer acknowledges that the property currently contains a substantial amount of vegetation. The existing trees as depicted on Exhibit C that are within twenty-five (25) feet of the north and east property lines shall not be removed except as necessary to construct a storm sewer outfall. Prior to construction, a temporary fence will be required to be installed to protect any trees from being removed. A number of trees internal to the site will have to be removed in order to construct the site, however, the Developer agrees to work with the City at the time of site plan approval to save other trees internal to the site when 5
grading and site layout allows. All trees proposed to be removed must be approved at the time of site plan approval by the City. (ii) Landscaped Buffer. Developer shall provide a twenty-five (25) foot landscape buffer along the north and east property lines of the Property. Within the south one hundred fifty (150) feet of buffer along the east property line where the existing vegetation is less substantial, a minimum of two (2) overstory trees (minimum 2 caliper), two (2) evergreens (minimum 6 in height), and one (1) ornamental tree (minimum 1 caliper) shall be planted for every fifty (50) linear feet of buffer. (iii) Open Space. A minimum of thirty (30) percent open space shall be required which shall include the landscaped buffer, detention pond and open space internal to the parking lots. (iv) Trees. A minimum of two (2) trees per 1,500 square feet of required open space and six (6) shrubs per 1,000 square feet of the required open space shall be provided on the Property in addition to the existing trees that will not be removed. Based upon the minimum number of trees required, fifty (50) percent of the required trees shall be over-story trees (minimum 2 inch caliper) and twenty-five (25) percent of the trees shall be evergreens (minimum 6 feet in height). (e) (f) (g) Architectural Requirements. The architecture of the building(s) shall be consistent with the architectural standards as defined within Section 304, Site Plan Ordinance, of the City of Waukee Code of Ordinances. Representative elevations of the proposed uses are attached as Exhibit D-1 and D-2. Signage. Signage shall be consistent with the sign standards as defined within Section 305, Signage Ordinance, of the City of Waukee Code of Ordinances. Lighting. All lighting shall be installed pursuant to the regulations within Section 304 Site Plan Ordinance of the City of Waukee Code of Ordinances. Parking lot pole lighting shall not exceed twenty-five (25) feet from grade to the top of the lighting fixture. 4. Runs with Land. The obligations under this Agreement shall run with the land and be binding upon the future owners of the Property. 5. Warranty of Title. Developer hereby warrants to the City to defend Developer s title to the Property for purposes of this Agreement. 6. Amendment. The terms of this Agreement may be amended by mutual agreement of the parties hereto, but any such amendment shall be in writing and shall be filed of record with the Dallas County Recorder. 6
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 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 in accordance with the laws of the State of Iowa. 10. 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 pursuant to the terms and conditions of Section 414.5 of the Iowa Code. 7
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. CITY OF WAUKEE Attest: By: William F. Peard, Mayor Rebecca D. Schuett, City Clerk DEVELOPER: University Woods LLC By: Name: Title: 8
STATE OF IOWA ) ) ss. COUNTY OF DALLAS) On this day of, 2017, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared William F. Peard and Rebecca D. Schuett, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and 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 Resolution No. adopted by the City Council, under Roll Call of the City Council on the day of, 2017, and that William F. Peard and Rebecca D. Schuett 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 State of Iowa My Commission expires STATE OF IOWA ) ) ss. COUNTY OF ) On this day of, 2017, before me, the undersigned, a Notary Public in and for the State of, personally appeared, to me personally known, who being by me duly sworn, did say that the person is the of University Woods, LLC, an Iowa limited liability company, and that the instrument was signed on behalf of said corporation by authority of its managers; and that said person acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the limited liability company by it voluntarily executed. Notary Public in and for the State of Iowa My Commission expires 9
Exhibit A Legal Description of Property A TRACT OF LAND IN THE SOUTH ONE-HALF OF THE SOUTHWEST QUARTER (S ½ SW 1/4) OF SECTION 35, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE 5TH P.M., DALLAS COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AS A POINT OF REFERENCE AT THE SOUTH QUARTER (1/4) CORNER OF SAID SECTION 35; (FOUND CHISELED CROSS-SECTION); THENCE WEST 545.0 FEET ALONG THE SOUTH LINE OF SAID SW ¼ TO A POINT (NOT IDENTIFIED); THENCE NORTH 60.0 FEET TO THE POINT OF BEGINNING (SET 5/8 I.R. WITH CAP NO. 5931) ON THE NORTH RIGHT-OF-WAY LINE OF UNIVERSITY AVENUE; THENCE CONTINUING NORTH 407.0 FEET TO A POINT (SET 5/8 I.R. WITH CAP NO. 5931); THENCE WEST 467.0 FEET TO A POINT (SET 5/8 I.R. WITH CAP NO. 5931); THENCE SOUTH 407.0 FEET TO A POINT (SET 5/8 I.R. WITH CAP NO. 5931); SAID POINT BEING IN A FENCE ON THE NORTH RIGHT-OF-WAY OF UNIVERSITY AVENUE; THENCE EAST 467.0 FEET ALONG SAID RIGHT-OF-WAY TO THE POINT OF BEGINNING AND CONTAINS 4.36 ACRES EXCLUSIVE OF ROAD RIGHT-OF-WAY. 10
Exhibit B-1 Development Concept 11
Exhibit B-2 Development Concept 12
Exhibit C Example of Development Plan and Buffer Enhancements in Relation to Existing Tree Survey of Property 13
Exhibit D-1 Example of Architectural Style of Building Senior Living 14
Exhibit D-2 Example of Architectural Style of Building Skilled Recovery Center 15