The legal description for the Meadowview PUD is as follows:
Except the North 473 feet thereof, a parcel of land in the W1/2 of the E1/2 of Section 7 T78N R25W of the Fifth PM more particularly described as follows:
Commencing at the N1/4 Corner of Section 7 T78N R25W of the Fifth PM; thence S0°34'46"W along the west line of the NE1/4 for 60.00 feet; thence N89°57'59"E for 33.00 feet to the point-of-beginning; thence N89°57'59"E for 627.49 feet to the west right-of-way line of Interstate 35; thence S0°23'15"W along said west right-of-way for 510.72 feet; thence S0°21'43"W along said right-of-way for 882.66 feet; thence S0°18'21"W along said right-of-way for 1099.61 feet; thence S0°15'46"W along said Interstate right-of-way for 769.05 feet to the north right-of-way line for the Chicago and Northwestern Railroad; thence N81°14'23"W along said north right-of-way for 54.34 feet; thence along the 22868.3 foot radius curved right-of-way to the right for 629.43 feet with a chord of 629.41 feet and a chord bearing of N80°09'12"W to the west line of the SE1/4 Section 7-78-25; thence N0°34'33" along said west line for 576.07 feet to the center of Section; thence N0°34'46"E along the west line of the NE 1/4 Section 7-78-25 for 1320.72 feet; thence S89°25'14"E for 33.00 feet; thence N0°34'46"E for 1249.41 feet to the point of beginning;
AND
Lot 3 an O.P. of S1/2 of Section 7, Township 78 North, Range 25 West of the 5th Principal Meridian, all in and forming a part of the City of West Des Moines, Polk County, Iowa;
AND
A parcel of land in the W1/2 of Section 7 T78N R25W of the Fifth PM, in and forming a part of West Des Moines, Polk County, Iowa, more particularly described as follows:
Commencing at the W1/4 Corner of Section 7 T78N R25W of the Fifth PM; then N0°32'59"E along the west line of the S1/2 of the NW fractional 1/4 of Section 7 for 110.88 feet; thence S89°27'01"E for 33.00 feet to the intersection of the east right-of-way line of 60th Street and the north right-of-way line of the C & NW Railroad, also being the point-of-beginning; thence N0°32'59"E along the said east right-of-way for 1211.79 feet to the north line of the S1/2 of the NW fractional 1/4 of Section 7; thence N89°48'15"E along said north line for 668.44 feet; thence N0°34'46"E for 594.06 feet; thence S89°58'37"E for 144.71 feet; thence N0°34'46"E for 188.41 feet; thence S89°58'37"E for 206.00 feet; thence S0°34'46"W for 782.47 feet to the north line of the S1/2 of the NW fractional 1/4; thence N89°48'15"E along said north line for 1014.30 feet to the SW Corner of Ashworth Woods, an O.P. in and forming a part of West Des Moines, Polk County, Iowa; thence N89°48'11"E along the south line of Ashworth Woods for 395.00 feet to the SE Corner of said plat; thence N89°48'11"E for 264.51 feet to the east line of the NW fractional 1/4 of Section 7; thence S0°34'46"W for 1320.72 feet to the center of Section 7; thence S89°45'51"W along the south line of said NW1/4 of Section 7 for 1323.10 feet; thence S0°38'54"W for 281.57 feet to the north line of the C & NW Railroad right-of-way; thence northwestern along a 22868.3 foot radius curve right-of-way to the right for a length of 1047.74 feet, a chord of 1047.65 feet and a chord bearing of N74°38'49"W to the intersection of said north right-of-way line and the south line of the NW fractional 1/4; thence continuing along the 22868.3 foot radius curved right-of-way for a length of 371.14 feet, a chord of 371.14 feet and a chord bearing N72°52'10"W to the point of beginning.
From R-1-A Single-Family Residential District to R-5 Multi-Family Residential District (Medium Density) to PUD planned unit development.
The North 473 feet of a parcel of land in the W1/2 of the E1/2 of Section 7 T78N R25W of the Fifth PM more particularly described as follows:
Commencing at the N1/4 Corner of Section 7 T78N R25W of the Fifth PM; thence S0°34'46"W along the west line of the NE1/4 for 60.00 feet; thence N89°57'59"E for 33.00 feet to the point-of-beginning; thence N89°57'59"E for 627.49 feet to the west right-of-way line of Interstate 35; thence S0°23'15"W along said west right-of-way for 510.72 feet; thence S0°21'43"W along said right-of-way for 882.66 feet; thence S 0°18'21"W along said right-of-way for 1099.61 feet; thence S 0°15'46"W along said Interstate right-of-way for 769.05 feet to the north right-of-way line for the Chicago and Northwestern Railroad; thence N81°14'23"W along said north right-of-way for 54.34 feet; thence along the 22868.3 foot radius curved right-of-way to the right for 629.43 feet with a chord of 629.41 feet and a chord bearing of N80°09'12"W to the west line of the SE1/4 Section 7-78-25; thence N0°34'33"E along said west line for 576.07 feet to the center of Section; thence N0°34'46"E along the west line of the NE1/4 Section 7-78-25 for 1320.72 feet; thence S89°25'14"E for 33.00 feet; thence N0°34'46"E for 1249.41 feet to the point of beginning, except the following portion thereof:
Beginning at the North Quarter Corner of Section 7, Township 78 North, Range 25 West of the 5th P.M., thence S00°34'33"W on the west line of the NE1/4 (the south line of the E1/2 of said Section having an assumed bearing of N90°00'00"E with all subsequent bearings referenced thereto) for 60.00 feet; thence N89°58'27"E along the south right-of-way of Ashworth Road for 218.00 feet to the point of beginning; thence continuing N89°58'27"E for 442.49 feet to the intersection of the south right-of-way line of Ashworth Road and the west right-of-way line of Interstate 35; thence S00°23'43"W along said west right-of-way for 250.00 feet; thence S53°59'12"W along a radial for 211.30 feet to a point on a 180 foot radius curve; thence northwesterly along the curve to the left for 169.72 feet with a chord bearing of N63°00'50"W and a chord length of 163.50 feet; thence S89°58'27"W for 127.10 feet; thence N00°34'33"E for 300.00 feet to the point of beginning.
AND
Commencing at the N1/4 Corner of Section 7 T78N R25W of the Fifth P.M.; thence S0°34'46"W for 1309.41 feet; thence S89°48'11"W for 626.51 feet to the Southwest Corner of Ashworth Woods an O.P. in and forming a part of West Des Moines, Polk County, Iowa; thence S89°48'15"E for 1014.20 feet; thence N0°34'46"E for 782.47 feet to point, also being the point of beginning; thence N0°34'46"E for 500.00 feet to the south right-of-way line for Ashworth Road; thence N89°58'37"W for 180 feet along said right-of-way line, thence S0°34'46"W 290.00 feet; thence S12°46'45"W for 123.03 feet; thence S0°34'46"W for 90.74 feet; thence S89°58'37"E for 206.00 feet to the point of beginning.
(Ord. 656, 6-2-1980)
On file with the Community Development Department of the City and made a part of this comprehensive plan amendment and rezoning approval, for concept description and delineation is the sketch plan document dated December 18, 1979 with amendment thereto dated June 2, 1980. Said amendment represents a change in street alignment and a reduction in the total number of proposed housing units. That plan presentation, including the location and nature of each unit type shall form the basis of the approval. It is recognized that minor shifts or realignments of roadways and units may be necessary and compatible with the need to acquire workable street patterns, grades, and suitable drainage or utility solutions, but the general plan layout including the relationship of each unit type to the general plan framework, and traffic and open space layout, shall be used as the implementation guide. (Ord. 656, 6-2-1980)
Whereas Section 6 of Ordinance 497, amending Ordinance 430 by creating Article XXa, PUD District, establishes certain regulations and guidelines pertaining to accompanying information required on a final site plan and final site plan documents. Now therefore, the following conditions, restrictions, and regulations are adopted as a part of this approval, to wit:
A. General Conditions: The plan shall incorporate a maximum of six hundred eighty (680) residential dwelling units intended for owner occupancy, and which shall be distributed by types and location according to the final site plan as presented. In addition the following general site plan criteria are integrated into and made a part of the final site plan document and its recommendation for approval:
1. Each subdivision, and all streets, street rights-of-way and general development shall adhere to all standards and design criteria set forth in the West Des Moines Subdivision Ordinance.
2. Each development parcel other than those designated as R-1 or R-1-A variety single-family, patio homes or cluster homes (single-family) shall comply with Article XXV (Site Plans) of the West Des Moines Zoning Ordinance, and a final site plan shall be approved by the West Des Moines Planning and Zoning Commission and City Council prior to the initiation of any construction.
3. With the first development proposal, or prior thereto, there shall be submitted to, and approved by the West Des Moines City Engineer, a complete storm water management plan for all open space drainage systems to remain a portion of the development. The plan shall be guided by, and adhere to the West Des Moines Subdivision Ordinance, with provision made for conveyance of the 100-year return frequency rainfall (event), including the provision for on-site temporary detention with discharge equivalent to the existing 5-year return frequency storm.
4. All ground shown as open space or park to be dedicated at no cost to the City of West Des Moines, shall be so dedicated with the platting of contiguous property. Should the City later adopt a mandatory dedication ordinance, the Council may consider granting to the owners a credit for that ground designated as park. Prior to dedication, however, and as a condition of the rezoning approval, such ground prior to its dedication shall be stabilized at a nonerodible slope and velocity for drainage purposes. Nonerodible slope is defined as velocity not to exceed four feet (4') per second. Required slopes and velocities may be achieved by use of gabion drop structures, street culvert crossing structures, or such other methods of good engineering design practice as shall be approved by the City Engineer.
5. Prior to dedication, the developer shall remove all fallen trees, debris, and other obstructions from the drainageway, exclusive of landscaping to be preserved. All areas of any open space way shall, prior to dedication be seeded with a ground cover as determined by the City Engineer, and placed at a grade capable of maintenance by standard rotary mowing equipment.
6. The developers of Meadowview shall be responsible, as part of the development plan, for any necessary changes, modifications to, additions in culvert size, easements and all other costs associated with the completion of drainage and transportation structures or facilities under and over the Chicago and Northwestern Railroad Tracks, and southerly to Jordan Creek.
7. In all areas adjoining open space drainageways, or in all areas involving potential flood hazards, no residential structure shall be erected which has a lowest floor less than one foot (1') above the determined level of the 100-year return frequency rainfall event.
8. The petitioners seeking this rezoning, their successors, or assigns, shall pay all construction and engineering costs for all interior development, including all streets, storm sewers, sanitary sewers, creek improvements, creek crossing structures, City-owned utilities, and other improvements within the planned unit development.
B. Land Use Design Criteria: In addition to the general criteria as stated in subsection A of this Section, the following land use design criteria shall apply to the individual unit designations as set forth:
1. Single-Family Residential (R-1-A and R-1 Types):
a. All developments designated as R-1-A Single-Family Residential in character shall conform to the minimum provision of Article VIII (Single-Family Residential District) of the West Des Moines Zoning Ordinance #430.
b. All development designated as R-1 in character, shall conform to the minimum provisions of Article VII (R-1 Single-Family Residential District) of the West Des Moines Zoning Ordinance.
2. Patio Or Cluster Homes (Single-Family Attached/Detached):
a. All development shown as patio in character, shall incorporate a minimum lot frontage of forty five feet (45'), a minimum of five thousand six hundred (5,600) square feet, a rear yard setback of thirty feet (30'), and a front setback of twenty feet (20'), except that in the case of attached or detached garages, no garage shall be located any closer than twenty five feet (25') to the front lot line.
b. All development shown as cluster housing, shall have a minimum lot frontage of fifty feet (50'), and a minimum lot area of six thousand two hundred fifty (6,250) square feet, and shall abide by all setbacks as established in paragraph a (patio) of subsection B2a.
c. Units may be either detached or bi-attached in character. No patio or cluster unit shall be set closer than two feet (2') to a property line, and all structures other than those attached by a common wall shall have a minimum separation of ten feet (10').
d. Before development shall commence on any patio or cluster segments of the plan, a master plan and unit concept shall be submitted to, and approved by the Planning and Zoning Commission and City Council pursuant to subsection A2 of this Section for recommendation and approval. The site plan information shall contain the following: 1) exterior construction materials; 2) elevations of exteriors of units; and 3) such other design elements as shall be applicable.
3. Townhouses And Quadraminiums:
a. All units set forth as townhomes or quads shall in addition to requirements set forth in subsection A of this Section, shall comply with open space and parking requirements set forth in Articles XXII and XXIII of the West Des Moines Zoning Ordinance. In calculating open space, no ingress/egress drive shall be considered to extend beyond thirty feet (30') of the parking stall nearest the street, whichever shall first occur.
b. No unit shall be located closer than thirty five feet (35') to any interstate or railroad right-of-way, nor any closer than thirty five feet (35') to Sixtieth Street.
c. All quads shall have a minimum thirty foot (30') setback from any public street, and a minimum twenty foot (20') setback from any private access drive other than individual driveways intended to serve a particular unit.
d. All townhomes shall have a minimum thirty foot (30') of setback from a periphery street surrounding the development, except as stated in subsection B3b above, and shall maintain a minimum twenty five foot (25') setback from any internal street(s) where parking is provided in front of the unit.
e. Densities as shown on the final zoning plan, with respect to townhomes and quads are maximum densities permitted, and do not represent an assurance of the total number of units shown. Actual densities shall be based upon the site plan approval pursuant to subsection A2 of this Section, which shall incorporate all provisions of individual unit design, open space, soils, parking, drainage, landscaping, and such additional factors as shall lead to a sound planning and development scheme which integrates a particular segment into an overall neighborhood plan.
C. Phasing: Made a part of this rezoning approval is a condition that the development of the property in accord with the land use plan, be phased in two (2) increments based upon the ability of the major arterial transportation network serving the area to move traffic in a manner providing safety and convenience to all users. The parameters of this phasing are as follows:
1. Phase One development shall not exceed five hundred twenty two (522) units in accord with Exhibit C, on file with the Community Development Department, showing the entire area of rezoning and the first development phase.
2. The petitioners agree that Phase Two development shall not be commenced until such time as the West Des Moines City Council shall initiate reconstruction activities for the Ashworth Road Bridge over Interstate 35, bringing the same from a two (2) lane facility to a four (4) lane facility, or allow the State of Iowa, or Federal Highway Administration or some other entity to initiate construction activities in lieu of the City of West Des Moines.
3. Phase Two development as proposed shall not be initiated by the petitioners until such time as a secondary southern linkage to the property (herein referred to as the Jordan Parkway linkage) shall be brought to a point where its reality is assured, providing access to the property while the Ashworth Road Bridge is under replacement. (Ord. 656, 6-2-1980)
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