HomeMy WebLinkAbout2003-05-19-Ordinance 2408_Rezoning, Legacy PointeOrdinance No.2408
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 THE FOLLOWING ZONES:TO C-lA
(COMMUNITY AND HIGHWAY SERVICE COMMERCIAL DISTRICT)AND TO R-
3 (MULTI-FAMILYRESIDENTIAL);AND THEN FROM C-lA (COMMUNITY AND
HIGHWAY SERVICE COMMERCIAL DISTRICT)AND FROM R-3 (MULTI-
FAMILY RESIDENTIAL)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 ofthe City,adopting the Official Zoning Map,is hereby amended by changing
the following described real estate from A-I (Agricultural District):
APART OF THE WEST ONE-HALF OF THE NORTHEAST QUARTER OF
SECTION 35 -TOWNSHIP 79 NORTH -RANGE 26 WEST OF THE 5TH P.M.,CITY
OF WAUKEE,DALLAS COUNTY,lOW A,MORE P ARTICULARL Y DESCRIBED
AS FOLLOWS:COMMENCING AT THE NW CORNER OF SAID WET 'li -NE Y.;
THENCE SOoo03'55"W 60.00 FEET ALONG THE WEST LINE THEREOF TO THE
SOUTH RIGHT-OF-WAY LINE OF U.S.HIGHWAY 6 (HICKMAN ROAD)AND
THE POINT OF BEGINNING;THENCE S89°45'40"E 724.51 FEET ALONG SAID
SOUTH RO.W.LINE TO THE WEST LINE OF A CERTAIN TRACT OF LAND
DESCRIBED IN DEED BOOK 633 AT PAGE 618,DALLAS COUNTY RECORDS;
THENCE Soo06'45"W 345.00 FEET TO THE SW CORNER THEREOF;THENCE
S89°45'40"E 600.00 FEET TO THE SE CORNER THEREOF AND THE EAST LINE
OF SAID WEST 'li -NE Y.;THENCE Soo06'45"W 2232.00 FEET TO THE SE
CORNER OF SAID WEST Y2 -NE Y.;THENCE N89°52'42"W 1322.38 FEET TO THE
SW CORNER THEREOF;THENCE Noo03'55"E 2579.73 FEET TO THE POINT OF
BEGINNING CONTAINING 73.58 ACRES SUBJECT TO ANY AND ALL
EASEMENT,RECORDED OR NON-RECORDED.THE WEST LINE OF SAID
WEST 'li -NE Y.IS ASSUMED TO BEAR N 0003'55"E FOR PURPOSES OF THIS
DESCRIPTION.
TO C-lA (Community and Highway Service Commercial),legally described as follows:
APART OF THE WEST ONE-HALF OF THE NORTHEAST QUARTER OF
SECTION 35 -TOWNSHIP 79 NORTH -RANGE WEST OF THE 5TH P.M.,CITY OF
WAUKEE,DALLAS COUNTY,IOWA,MORE P ARTICULARL Y DESCRIBED AS
FOLLOWS:COMMENCING AT THE NW CORNER OF SAID WEST 'li -NE Y.;
THENCE Soo03'55"W 60.00 FEET ALONG THEWEST LINE THEREOF TO THE
SOUTH RIGHT-OF-WAY LINE OF U.S.HIGHWAY 6 (HICKMAN ROAD)AND
THE POINT OF BEGINNING:THENCE S89°45'40"E 724.51 FEET ALONG SAID
SOUTH RO.W.LINE TO THE WEST LINE OF A CERTAIN TRACT OF LAND
DESCRIBED IN DEED BOOK 633 AT PAGE 618,DALLAS COUNTY RECORDS;
THENCE Soo06'45"W 496.50 FEET TO THE SW CORNER THEREOF;THENCE
N89°45'40"W 724.51 FEET TO THE SE CORNER THEREOF;THENCE Noo03'55"E
496.6 FEET TO THE POINT OF BEGINNING CONTAINING 8.20 ACRES SUBJECT
TO ANY AND ALL EASEMENT,RECORDED OR NON-RECORDED.
AND TO R-3 (Multi-Family Residential),legally described as follows:
A PART OF THE WEST ONE-HALF OF THE NORTHEAST
QUARTER OF SECTION 35 -TOWNSHIP 79 NORTH -RANGE 26 WEST OF THE
51HP.M.,CITY OF WAUKEE,DALLAS COUNTY,IOWA,MORE PARTICULARLY
DESCRIBED AS FOLLOWS:COMMENCING AT THE NW CORNER OF SAID
WEST Y2 -NE Y.;THENCE SOoo03'55"W 60.00 FEET ALONG THE WEST LINE
THEREOF TO THE SOUTH RIGHT-OF-WAY LINE OF U.S.HIGHWAY 6
(HICKMAN ROAD)AND THE POINT OF BEGINNING;THENCE S89°45'40"E
724.51 FEET ALONG SAID SOUTH R.O.W.LINE TO THE WEST LINE OF A
CERTAIN TRACT OF LAND DESCRIBED IN DEED BOOK 633 AT PAGE 618,
DALLAS COUNTY RECORDS;THENCE Soo06'45"W 345.00 FEET TO THE SW
CORNER THEREOF;THENCE S89°45'40"E 600.00 FEET TO THE SE CORNER
THEREOF AND THE EAST LINE OF SAID WEST Y2 -NE Y.;THENCE Soo06'45"W
2232.00 FEET TO THE SE CORNER OF SAID WEST Yz -NE Y.;THENCE
N89°52'42"W 1322.38 FEET TO THE SW CORNER THEREOF;THENCE
Noo03'55"E 2579.73 FEET TO THE POINT OF BEGINNING CONTAINING 73.58
ACRES SUBJECT TO ANY AND ALL EASEMENT,RECORDED OR NON-
RECORDED EXCEPT FOR A PART OF THE WEST ONE-HALF OF THE
NORTHEAST QUARTER OF SECTION 35 -TOWNSHIP 79 NORTH -RANGE
WEST OF THE 5TH P.M.,CITY OF WAUKEE,DALLAS COUNTY,IOWA,MORE
PARTICULARLY DESCRIBED AS FOLLOWS:COMMENCING AT THE NW
CORNER OF SAID WEST Y2 -NE Y.;THENCE Soo03'55"W 60.00 FEET ALONG
THEWEST LINE THEREOF TO THE SOUTH RIGHT -OF-WAY LINE OF U.S.
HIGHWAY 6 (HICKMAN ROAD)AND THE POINT OF BEGINNING:THENCE
S89°45'40"E 724.51 FEET ALONG SAID SOUTH R.O.W.LINE TO THE WEST LINE
OF A CERTAIN TRACT OF LAND DESCRIBED IN DEED BOOK 633 AT PAGE
618,DALLAS COUNTY RECORDS;THENCE Soo06'45"W 496.50 FEET TO THE
SW CORNER THEREOF;THENCE N89°45'40"W 724.51 FEET TO THE SE
CORNER THEREOF;THENCE Noo03'55"E 496.6 FEET TO THE POINT OF
BEGINNING CONTAINING 8.20 ACRES SUBJECT TO ANY AND ALL
EASEMENT,RECORDED OR NON-RECORDED.
And then by rezoning from the above legally described C-IA (Commnnity and Highway
Service Commercial District)and from the above legally described R-3 (Multi-Family
Residential)to PD (Planned Development Overlay District),legally described as follows:
APART OF THE WEST ONE-HALF OF THE NORTHEAST QUARTER OF
SECTION 35 -TOWNSHIP 79 NORTH -RANGE 26 WEST OF THE 51H P.M.,CITY
OF WAUKEE,DALLAS COUNTY,IOWA,MORE P ARTICULARL Y DESCRIBED
AS FOLLOWS:COMMENCING AT THE NW CORNER OF SAID WET Yz -NE Y.;
THENCE SOoo03'55"W 60.00 FEET ALONG THE WEST LINE THEREOF TO THE
SOUTH RIGHT -OF-WAY LINE OF U.S.HIGHWAY 6 (HICKMAN ROAD)AND
THE POINT OF BEGINNING;THENCE S89°45'40"E 724.51 FEET ALONG SAID
SOUTH R.O.W.LINE TO THE WEST LINE OF A CERTAlN TRACT OF LAND
DESCRIBED IN DEED BOOK 633 AT PAGE 618,DALLAS COUNTY RECORDS;
THENCE Soo06'45"W 345.00 FEET TO THE SW CORNER THEREOF;THENCE
S89°45'40"E 600.00 FEET TO THE SE CORNER THEREOF AND THE EAST LINE
OF SAID WEST liz -NE Y.;THENCE Soo06'45"W 2232.00 FEET TO THE SE
CORNER OF SAID WEST Yz -NE Y.;THENCE N89°52'42"W 1322.38 FEET TO THE
SW CORNER THEREOF;THENCE Noo03'55"E 2579.73 FEET TO THE POINT OF
BEGINNING CONTAINING 73.58 ACRES SUBJECT TO ANY AND ALL
EASEMENT,RECORDED OR NON-RECORDED.THE WEST LINE OF SAID
WEST Y2 -NE Y.IS ASSUMED TO BEAR N 0°03 '55"E FOR PURPOSES OF THIS
DESCRIPTION.
This property also known as Legacy Pointe formerly known as the McNabb Property.
Section 2
Section 3
Section 4
Section 5
The foregoing has been re-zoned herein conditioned upon
compliance with Exhibits A,B,C,D,E and F as presented to the
Planning and Zoning Commission on April 8,2003;such condition
to be footnoted on the zoning map and referred to in this
ordinance.
Repealer.All ordinances or parts of ordinances in conflict with
the provisions of this ordinance are hereby repealed.
1SeverabilityClause.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.
Effective Date.This ordinance shall be in effect upon its fmal
passage,approval and publication as provided by law.
Passed by the City Council of the City of Waukee,Iowa,this 19th day of May 2003,and
approved this 19th day of May 2003.
Attest:
Mark J.Arentsen,ity Clerk/Administrator I
«
f-
IJl:c><UJ
mx::r
t:ll
-!
t:ll
I
!:.,.
()
I-
I!l::c><UJ
I-W
W
0::::l-
V)
1
}
April 11,2003 ExhibitE
LEGACY POINTE AT WAUKEE DEVELOPMENT
WAUKEE,IOWA
PD PLANNED DEVELOPMENT DISTRICT
APPROXIMATELY n ACRE DEVELOPMENT
APPLICATION REQUIREMENT
ITEM 1 Location,Size,Legal Description (See exhibit A)
•The project is approximately 72 acres in size and is located adjacent to
Highway 6 and East of Mid States Ford.
•The proposed development,Legacy Pointe,is comprised of
approximately 73.5 acres.This proposal incorporates four zoning
classifications with proposed building covenants.It is the intent ofthis
plan to meet all of the requirements of the respective ordinances
except as modified by this submittal.
ITEM 2 Topography (See Exhibit A &C)
ITEM 3 Location and Description of Major Site Features,Including Tree
Masses Drainageways,Wetlands,Soils (See Exhibit B)
•Property is Agricultural Cropland with no existing tree masses.
ITEM 4 Location of 100 year Floodplains (Not Applicable)
ITEMS Generalized Land Use Plan (See Exhibit B)
Land use in the area will be predominantly residential with some
commercial along Highway 6 and support commercial near the Senior
Living Center.
ITEM 6 Proposed Types and Densities of Development (See Exhibit B)
•The Commercial portions of the project will comply with C-1A
regulations.The Residential uses will be single family,townhome,
apartment and nursing home style.All will comply with R-3 zoning.
ITEM?Generalized Internal and External Transportation and Circulation
System,including Pedestrian and Bicycle Systems (See Exhibit B)
•Tins project includes public and private streets as well as an extensive
network of trails and sidewalks.The street network will provide for
ITEMS
ITEM 9
ITEM 10
ITEM 11
ITEM 12
ITEM 13
connectivity to the north south and west ofthis project area.A
connection may eventually exist to the east through the commercial
area The trail system will connect to the Waukee City system to the
south via Hawthorne Ridge Park.r I
Location of Driveways or Access Points Adjacent to the Project (See
Exhibit B)
General Location and Size of Building or Building Footprints (See
Exhibit B)
Site Master Plan,Including General Envelops of Buildings,Parking,
Open Space,and Other Site Features.(See Exhibit B)
Description and Location of All Use Types included in the Project,
including Maximum Floor Areas Devoted to Each Use.(See Exhibit B)
Location and Design of Vehicular,Bicycle,aud Pedestrian Circulation
Systems,Including Relationship to External Transportation System.
(See Exhibit B)
Schematic Location and Development Standards for Open Space,
including Conceptual Landscape Plan.(See Exhibit D)1•Open space will be provided throughout the project in greenbelts and
parldand.Six acres at the south end of the project will be dedicated to
the City of Waukee as public park.
Landscaping
•All open space will be landscaped.Commercial areas will have a
minimum of 10%open space.All other parcels,with the exception of
single family lots,shall incorporate a minimum of twenty percent open
space into their layout.Landscaping requirements are as follows:
•Minimum requirements at the time of planting:Two trees minimum
or two trees of the following size per 1,500 square feet or required
open space:
40 Percent -1 y,"to 2"caliper diameter
Balance -1"or greater caliper diameter
•Mininuun requirements at the time of planting:Six shrubs or two
shrubs per 1,000 square feet of required open space.IBuffers
ITEM 14
ITEM 15
ITEM 16
•A fifteen foot landscape buffer will be present along the west edge of
the project on all non-commercial parcels.This buffer can be reduced
or removed if the property adjacent to the west develops as residential.
Building Design Standards,including Height,Materials,Sections,and
other Information Required to Describe the Project.
•Maximum Building Height in R3:30 feet
Maximum Building Height in CIA:40 feet
Architectural Compatibility:Dominance of cultured stone and warm
earth tone colored materials for both CIA and Residential.A
minimum of 60%of each commercial building facade will be hard
surface materials as described in the Waukee Site Plan Ordinance.
Such material will be present on at least 40%of other non single
family structures.Vinyl siding and wood materials can be
incorporated into the remainder of the building facades,360 degree
architecture should be present on all buildings.All commercial and
non-single family structures will be constructed from similar materials
in similar colors so that a cohesive design element is apparent
throughout the proj ect.
••
Location of Existing and Proposed Utilities,Sanitary Sewer,Storm
Water Facilities,and Water,Gas,and Electrical Distribution Systems.
(See Exhibit C)
Proposed Site Development Regulations,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):25 ft.poles,metal halide with sharp cutoff fixture
type.
•CIA:.10 FAR
•R2:.60FAR
•RI:.15 FAR
•Intemal public streets to have street trees spaced at 30 ft.OC or %
mature canopy 5ft.inside property line -adjustments will be made for
access drives.
•Intemal and extemal streets to have 36 inch minimum berm in
landscaped yards adj acent to parking.
•Rooftop mechauical units shall be screened with material
complementary to building facades.
ITEM1?
ITEM 18
ITEM 19
ITEM 20
ITEM 21
Proposed Public and Private Ownership Boundaries,including
Proposed Private Lots and Common Ownership Areas (See Exhibit B)
]Preliminary Plat If Applicable (NA)
Final Plat,If Applicable (Not Applicable)
Schedule Indication Proposed Phasing and Scheduling of
Development (See Exhibit B)
•It is anticipated that this project will be completed in 15 years.The
first phase will likely begin as soon as we have City Approval.
Deed Restrictions,Covenants,Agreements,Association Bylaws,and
Other Documents Controlling the Use of Property,Type of
Construction or Development or Activities of Future Residents.(See
Exhibit F)
END OF DOCUMENT
I
EXHIBIT F
PRELIMINARY
PROTECTIVE COVENANTS ANTI RESTRICTIONS
FOR
LEGACY POINTE AT WAUXEE
WAUKEE,IOWA
(PARCEL 1,2,3 AND 4)
COMMERCIAL DISTRICT
L Parcel lots 1,2,3,and 4 Legacy Pointe are a portion of the platted outlot of Legacy Pointe of
v.,r aukee subdivision.Therefore all of the covenants and restrictions set forth in the Protective
Covenants and Restrictions of Legacy Pointe at Waukee recorded ~_
2.The following covenants and restrictions shall apply to the Commercial lots within the Legacy
Pointe at Waukee,Subdivisi.OI1.I n_G\1',
"..-C\(7 \)-IQ ....<;<.'0
3.Each lot is zone~nd must comply with the City of Waukee,Iowa regulations for
Commercial parcels.
b.A perpetual easement for utility purposes is reserved on a portion of each lot as designed
on the subdivisioin plat.No improvements shall be placed within the easement rights of
way which in any manner interferes with the installation and maintenance of the utilities
within the easement rights of way.
c.Access tor each commercial lot will be permitted through the parking lot or access road
from each joining parcel.Each parking lot will have two means of exit and may exit onto
a common private road.
d.A Legacy Pointe Business Association will be formed by the parcel owners to share the
maintenance and other common area costs within the Legacy Pointe at Waukee business
parcels.
e.No building shall not exceed two (2)stories (excluding cupolas and dormers).Maxirnun
height requirements for zoning remains 40 feet.
f.No parcel shall be subdivided unless approved but the Legacy Pointe Business
Association,the City of Waukee Zoning Board and City Counci1.
g.No out building shall be placed on any commercial parcel within Legacy Pointe at
vVaukee.
h.Exterior surfaces of the commercial buildings shall be only stone,cultured stone,ShICCO.
EFIS,Vinyl lap siding,concrete board lap siding,unless other materials are specifically
approved in writing by the subdivider.
l.All commercial business roofs will be surfaced with 360 pounds per square timberline
asphalt shingles or equivalent asphalt shingles in a pitched configuration.In a near nat
configuration metal.membrane or built-up rooting is acceptable.
J.Prior to any construction.the plans and specifications lor (he proposed structures shall be
submitted [Q .he subdivider '31'his designee tor approval.:11 addition to plans and
specifications for structure.the application shall show the location of parking areas.
planungs.landscaping,utilities and other relevant matters.including the locariou on the
lot of all proposed improvements,the materials to be used and the exterior color scheme
proposed.The application shall also set forth a time schedule [or construction of
improvements,and in no event will an application be approved when the proposed
construction will toke longer than 12 months.Disapproval shall be for a substantial cause,
it being the intent of this restriction to permit improvements that will enhance the
aesthetics of the subdivision and maintain or improve property values.
k.No fences will be installed along any boundary line or within any subdivision lot without
the approval of the dubdivider or his designee.
I.All front yards will be sodded.
rn.During the course of construction,all building contractors shall keep mud,dirt,debris
and building materials off of all roads and other building lots.The building contractors
are responsible to pay the cost to remove those materials from the road and other
subdivision parcels as well as to repair any damage done to the subdivision roads by the
building contractor or subcontractors.
n.Each parcel owner,whether the lot is vacant or improved,shall keep his lot free of debris,
and agrees to take all steps necessary to control erosion on his lot.
o.No parcel shall be used or maintained as a dumping ground for rubbish.Trash,garbage,
grease or other waste shall not be kept except in sanitary containers.All containers and
equipment for the storage or disposal of such materials shall be kept in clean and sanitary
condition and concealed tram public view.
3.Amendment to these covenants will require unanimous approval of all of the parcel owners within
Legacy Pointe at Waukee.No amendments may be made which alter a parcels responsibility for
common area assessments for costs within Legacy Pointe at Waukee without the unanimous
approval of all of the voting parcels within the Legacy Pointe Business Owners Association.
4.These covenants and restrictions shall be binding upon all the present and future owners of parcels
1,2,3,and 4 within Legacy Pointe at Waukee.
5.These covenants may be enforced by any other person owning a commercial parcel within Legacy
Pointe at Waukee and by the Legacy Pointe at Waukee Business Association by bringing any
actions at law or in equity against the person or persons violating or attempting to violate any such
covenants or restrictions.
6.Invalidation of anyone of these covenants by judgement or court order shall in no way effect the
other provisions which shall remain in full force and effect.
EXHIBIT F
PRELIMINARY
PROTECTIVE COVENANTS ANTI RESTRICTIONS
FOR
LEGACY POrNTE AT WAUKEE
WAUKEE,IOWA
(PARCELS 5,7,8,10 and 12)
RESIDENTIAL DISTRICT
1.Parcel lots 5,7,8,10 and 12 Legacy Pointe are a portion of the platted outlot of
Legacy Pointe of Waukee subdivision.Therefore all of tile covenants and
restrictions set forth in the Protective Covenants and Restrictions of Legacy
Pointe at Waukee recorded _
2.In addition,the following covenants and restrictions shall apply to the lots within
Legacy Pointe of Waukee.To the extent the following covenants and restrictions
are more restrictive than those set forth in the above mentioned Protective
Covenants and Restrictions of Legacy Pointe of Waukee,the covenants and
restrictions set forth below shall be controlling:
a.Each lot is zoned residential and must comply with the Citv of vVaukee.
Iowa regulations tor residential parcels.
b.A perpetual easement for utility purposes is reserved on a portion of each
lot as designated on the subdivision plat.No improvements shall be
placed within the easement rights of way which in any manner interferes
with the installation and maintenance of the utilities within the easement
rights of way.
c.No building on any parcel shall be constructed nearer than 20 feet to the
front boundary line without the approval of the subdivider.
d.Any damage caused to Legacy Pointe of Waukee,by the building
contractors or subcontractors during the course of construction on any lot
within Legacy Pointe of Waukee,shall be repaired at the expense of the
owners of said lot.
3.Amendment to these convenants wiJI require unanimous approval of all of the lot
owners within Legacy Pointe of Waukee provided however,no amendments may
be made which alter a lot's responsibility for common area assessments tor costs
within the original Legacy Pointe of Waukee without the unanimous approval of
all of the voting units of the Legacy Pointe of Waukee Homeowners Association.
These covenants are to run with the land and shall be binding 011 all parties and all
persons claiming under them for twenty C~O)years at which time said covenants
shall be automatically extended tor successive periods of ten (10)years unless
within six (61 months prior to the termination of the twenty (201 period and/or any
ten (10)year period referred to above,it is approved by all ofthe lot owners
within Legacy Pointe of Waukee,to change said covenants in whole or in part,
provided however,no changes may be made which alter a lot's responsibility for
common area assessments for costs within the original Legacy Pointe of Waukee
Subdivision without the unanimous approval of all of the voting units of the
Legacy Pointe of Waukee Homeowners Association.
4.These covenants and restrictions shall be binding upon all the present and future
owners ofthe lots within Legacy Pointe of Waukee,as covenants running with the
land,and with such force and effect as if contained in each subsequent
conveyance of said lots.
5.These covenants may be enforced by any other person or persons owning any
other lots in Legacy Pointe of Waukee,and by the Legacy Pointe of Waukee
Homeowners Association by bringing any actions at law or in equity against the
person or persons violating or attempting to violate any such covenants or
restrictions to either prevent said person or persons from doing so or to recover
damages or other dues for such violations.
6.Invalidation of anyone of these convenants by judgment or court order shall in no
way effect the other provisions whicb shall remain in full force and effect.
7.Tbe following provisions shall be applicable to construction on the subdivision
lots:
a.No lot shall be subdivided.
b.No building shall be erected on any lot having a ground floor living area
ofless tban one thousand five hundred (1,500)square feet in the case of a
one (I)story structure,nor less than one tbousand one hundred (1,1 00)
square teet in the case of a one and one-half (1-112)or two (2)story
structure.Garages,porches and breezeways shall not be considered as
ground floor area.
c.No trailer,mobile home,tent,boat,unattached garage or pre-erected
dwelling shall be placed upon any lot except as specifically provided in
this covenant.
d.No building sball be constructed nearer tban Twenty (20)feet,or as noted
on tbe final subdivision plat,to tbe front line or Seven (7)feet to any side
lot line,and all applicable provisions ofthe City of Waukee,Iowa zoning
ordinances shall be observed.
e.Exterior surfaces of the residential buildings shall be only stone,cultured
stone,stucco,EFIS,Vinyl lap siding,concrete board lap siding,unless
other materials are specifically approved in writing by the subdivider.
f.All dwelling roofs will be surfaced with cedar or fir shake shingles or with
360 pounds per square timberline asphalt shingles or equivalent asphalt
shingles,or with slate,unless other materials are specifically approved in
writing by the subdivider.
g.Barns and utility buildings may not be constructed on any lot.
h.Prior to any construction,the plans and specifications tor the proposed
structures shall be submitted to the subdivider or his designee tor
approval.In addition to plans and specifications for structure,the
application shall show the location and type of fences,parking areas,
plantings,landscaping,sewer facilities and other relevant matters,
including the location on the lot of all proposed improvements,the
materials to be used and the exterior color scheme proposed.The
application shall also set forth a time schedule for construction of
improvements,and in no event will an application be approved when the
proposed construction will take longer than eight (8)months.The
subdivider or his designee shall approve or disapprove the application
within a period often (10)days after receipt of all the above documents,
and in the event of disapproval,shall specify the exact reasons therefore to
enable the applicant to correct the application in order to obtain approval.
Disapproval shall be fore a substantial cause,it being the intent of this'
restriction to permit improvements that will enhance the aesthetics of the
subdivision and maintain or improve property values.
1.No fences will be installed along any boundary line or within any
subdivision lot without the approval of the subdivider or his designee.
j.All front and side yards will be sodded.When practical fifteen feet of the
.
'~rear yard,measured from the rear of the dwelling structure,shall also be
~31dded.The remainder of the lot shall be seeded or sodded.In addition to
')the sod and seeding,the owner of the lot shall expend the sum of
$1,000.00 for the additional landscaping and if there are no trees on the
lot,the additional landscaping shall include at least two 2-112 inch caliber
trees.
DUling the course of construction.all building contractors shall keep mud,
dirt,debris and building materials off of all subdivision roads and other
building lots.
1.A.lI dwellings 111UCl1 have.at a minimum.double attached or double
basement garages.
m.No more than twelve inches of concrete block or poured concrete shall be
exposed on any building unless such exposed material shall be painted or
covered with brick,stone veneer or siding.
n.Sidewalks shall be constructed within the time of the dwelling
construction,
8.The following restrictions shall be applicable to the use of the subdivision lots:
a.No act constituting a nuisance as defined under the provisions of Chapter
657,Code ofIowa,or the common law of Iowa,shall be permitted,and
the restrictions pertaining to acts within a county in said Code chapter
shall be applicable to this subdivision.
b.No obnoxious or offensive trade shall be carried on upon any lot nor shall
anything be done thereon which shall become an annoyance or nuisance to
the neighborhood.
c.Each lot owner,whether the lot is vacant or improved,shall keep his lot
free of debris,and agrees to take all steps necessary to control erosion on
his lot.
d.No lot shall be used or maintained as a dumping ground for rubbish.
Trash,garbage or other waste shall not be kept except in sanitary
containers.All containers and equipment for the storage or disposal of
such materials shall be kept in clean and sanitary condition and concealed
from public view.No burning of garbage shall be allowed.
e.No animals,livestock or poultry shall be raised or kept within the
subdivision except for usual household pets,provided that same are not
kept or maintained for commercial purposes.Pets shall be managed in
such way that they do not interfere with the quiet enjoyment of property
by other lot owners.Pets which continue to make loud noises,damage
shrubs or other nora,or attack other pets or persons shall be considered a
nuisance.All dogs located off the owner's premises shall be leashed.
f.Motor vehicles used by residents shall be parked in areas designated in the
building plans as parking areas.There shall be provided on each lot
sufficient off-street parking area including driveway for the parking of at
least two (2)automobiles,which area shall be surfaced.No motor vehicle
shall be parked at any time or in any manner which would interfere with
the now of traffic.No campers.trailers.boats,recreational vehicles.or
snowmobiles shall be stored on a Jot for a period of time longer than.+8
hours.
1
g.No lot shall contain an above-ground swimming pooL
h.In no event will a large satellite dish be located in the front yard of the
building lot,and any large satellite dish placed on a lot must be
constructed of black or green mesh materials.
L No hunting or discharge of firearms shall be permitted in any lot.
J.No motorized pleasure equipment,e.g,snowmobiles,trail bikes,
motorcycles and all terrain vehicles are permitted.
k.Lot owners will be bound by the terms and conditions of any agreement
between the subdivider and Legacy Pointe of Waukee,Iowa,as well as
any fence agreement entered into between the subdivider and adjoining
property owners.Individual lot owners shall be responsible for any
boundary fence requirements on their lot arising out of said fence
agreement,the regulations of Legacy Pointe of Waukee,or otherwise.
L The owner of any building damaged by fire or act of God shall within
ninety (90)days,unless an extension oftime is obtained from the Board of
Directors ofthe homeowner's association,commence restoration or
removal of said building and work shall be completed within one (l)year.
In the event of a total destruction of any building,the owner shall,within
one (l)year after such event,commence to remove the debris and restore
the site to satisfactory condition.If the owner fails to commence removal
of the debris within the time specified above,or an extension thereof has
not been granted by the Board of Directors ofthe homeowner's
association,said board shall have the right to enter upon said land and
remove the debris,and any expenses incurred shall become a lien on the
lot.
m.No rubbish containers shall be visible from the street except on pickup day
and one day before and one day after pickup day.
n.No extension towers,no antennas of any kind shall be constructed,
modified,ore permitted on any lot.Television antennas ofless than ten
feet are permitted on dwellings or garages.
9.Each lot owner shall.upon purchase of a Jot,become a member of Legacy Pointe
of Waukee Homeowner's Association,an organization of home and property
owners formed for the purpose of preserving the values and amenities of the
property and to provide maintenance of the road and other C0I11I110n areas and
facilities within the subdivision,Voting in said association shall be determined as
follows:
a.A sole person or entity who owns a lot or lots shall make up one (1)voting
uni t.
b.A husband and wife who jointly own a lot or lots shall make up one (1)
voting unit.
c.Any other multiple owners who together own a lot or lots shall make up
one (1)voting unit provided,however,that if a lot or lots is owned by all
four of the subidviders together (or their executor,administrator,devisee,
heir,or surviving joint tenant in the event of a subdivider's death)that
group of multiple owners will not make up a voting unit.
Each voting unit shall be entitled to one (1)vote.The acts carried or approved by
a majority of the voting units shall constitute the acts of the association.
10.Amendment to these covenants will require unanimous approval of the voting
units.These covenants are to run with the land and shan be binding on all parties
and all persons claiming under them for twenty (20)years at which time said
covenants shall be automatically extended for successive periods of ten (10)years
unless within six (6)months prior to the termination ofthe twenty (20)year
period and/or any ten (10)year period referred to above,it is approved by a
majority of the voting units to change said covenants in whole or in part.
11.Invalidation of anyone of these covenants by judgment or court order shall in no
way affect any of the other provisions which shall remain in full force and effect.
I