HomeMy WebLinkAbout2004-04-19-Ordinance 2466_Rezoning, Painted Woods Plat 1Ordinance No.2466
AN ORDINANCE TO AMEND CHAPTER 301,WAUKEE MUNICIPAL
CODE,ZONING ORDINANCE OF THE CITY OF WAUKEE,lOW A,BY RE-
ZONING AND CHANGING CERTAIN PROPERTY THEREIN FROM A-I
(AGRICULTURAL DISTRICT)TO R-I (SINGLE FAMILY RESIDENTIAL
DISTRICT);AND THEN FROM R-I (SINGLE FAMILY RESIDENTIAL DISTRICT)
TO PD-I (PLANNED DEVELOPMENT OVERLAY DISTRICT);AND AMEND THE
OFFICIAL ZONING MAP TO SHOW RE-ZONING (TO BE KNOWN AS PAINTED
WOODS PLAT I).
BE IT ORDAINED by the Council ofthe 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 by changing
the following described real estate from A-I (Agricultural District):
A PARCEL OF LAND LOCATED IN PORTIONS OF THE SE Y.OF THE NW
Y.,THE SW y"OF THE NE y",THE NW y"OF THE SE y",AND THE NE y"OF THE
SW y"OF SECTION 8,TOWNSHIP 78 NORTH,RANGE 26 WEST OF THE 5TH P.M.,
IN DALLAS COUNTY,IOWA,MORE P ARTICULARL Y DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION
8;THENCE SOooI3'40"W,1314.65 FEET TO A POINT;THENCE S83°26'OrW,
324.38 FEET TO THE POINT OF BEGINNING,SAID POINT ALSO BEING THE
NORTHWEST CORNER OF LOT I OF SUGAR CREEK ESTATES,AN OFFICIAL
PLAT RECORDED IN BOOK 8 ON PAGE 412 OF THE RECORDS OF THE
DALLAS COUNTY RECORDER;THENCE S03°02'55"E ALONG THE WEST LINE
OF SAID LOT 1,262.51 FEET TO THE SOUTHWEST CORNER OF SAID LOT I;
THENCE S60032'46''E ALONG THE SOUTH LINE OF SAID LOT I,346.25 FEET
TO THE SOUTHWEST CORNER OF LOT 3 OF SAID SUGAR CREEK ESTATES;
THENCE S59°26'48"E ALONG THE SOUTH LINE OF SAID LOT 3,117.06 FEET
TO THE SOUTHWEST CORNER OF LOT 4 OF SAID SUGAR CREEK ESTATES;
THENCE S83°26'21 "E ALONG THE SOUTH LINE OF SAID LOT 4,286.83 FEET
TO A POINT;THENCE S04°34'41"W ALONG THE WEST LINE OF SAID LOT 4,
171.60 FEET TO A POINT;THENCE S39°28'22"E ALONG THE SOUTH LINE OF
SAID LOT 4,213.94 FEET TO THE NORTHWEST CORNER OF LOT 4 OF A
REPLAT OF OAKWOOD ESTATES,AN OFFICIAL PLAT RECORDED IN BOOK
816 ON PAGES 930-943 OF THE RECORDS OF THE DALLAS COUNTY
RECORDER;THENCE S25°54'34"E ALONG THE WEST LINE OF SAID LOT 4,
295.31 FEET TO A POINT;THENCE S74°25'26"W,234.14 FEET TO A POINT;
THENCE S09°25'24"W,120.19 FEET TO A POINT;THENCE S48°14'45"W,172.61
FEET TO A POINT;THENCE S86°39'01"W,154.69 FEET TO A POINT;THENCE
S54°51 '33"W,138.56 FEET TO A POINT;THENCE S88°25'15"W,136.32 FEET TO A
POINT;THENCE NOooOO'OO"E,114.52 FEET TO A POINT;THENCE S85°59'27"W,
507.63 FEET TO A POINT;THENCE N37°21 '49"W,97.07 FEET TO A POINT;
THENCE N67°15'15"W,121.99 FEET TO A POINT;THENCE N60032'37''W,571.48
FEET TO A POINT ON THE WEST LINE OF THE SE Y.OF THE NW Y.OF SAID
SECTION 8;THENCE NOoo29'29"E ALONG SAID WEST LINE,916.91 FEET TO A
POINT;THENCE N83°26'03"E,999.51 FEET TO THE POINT OF BEGINNING;
CONTAINING 46.01 ACRES,MORE OR LESS,SUBJECT TO ANY AND ALL
EASEMENTS OF RECORD.
To R-1 (Single Family Residential District);and then by rezoning from the above legally
described R-1 (Single Family Residential District)to PD-1 (Planned Development
Overlay District),legally described as follows:
A PARCEL OF LAND LOCATED IN PORTIONS OF THE SE Y4OF THE NW Y4,THE
SW Y4OF THE NE Y.,THE NW Y4OF THE SE Y4,AND THE NE Y4OF THE SW Y4OF
SECTION 8,TOWNSHIP 78 NORTH,RANGE 26 WEST OF THE 5TH P.M.,IN
DALLAS COUNTY,IOWA,MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION
8;THENCE SOoo13'40"W,1314.65 FEET TO A POINT;THENCE S83°26'03"W,
324.38 FEET TO THE POINT OF BEGINNING,SAID POINT ALSO BEING THE
NORTHWEST CORNER OF LOT 1 OF SUGAR CREEK ESTATES,AN OFFICIAL
PLAT RECORDED IN BOOK 8 ON PAGE 412 OF THE RECORDS OF THE
DALLAS COUNTY RECORDER;THENCE S03°02'55"E ALONG THE WEST LINE
OF SAID LOT 1,262.51 FEET TO THE SOUTHWEST CORNER OF SAID LOT 1;
THENCE S60032'46''E ALONG THE SOUTH LINE OF SAID LOT 1,346.25 FEET
TO THE SOUTHWEST CORNER OF LOT 3 OF SAID SUGAR CREEK ESTATES;
THENCE S59°26'48"E ALONG THE SOUTH LINE OF SAID LOT 3,117.06 FEET
TO THE SOUTHWEST CORNER OF LOT 4 OF SAID SUGAR CREEK ESTATES;
THENCE S83°26'21"E ALONG THE SOUTH LINE OF SAID LOT 4,286.83 FEET
TO A POINT;THENCE S04°34'41"W ALONG THE WEST LINE OF SAID LOT 4,
171.60 FEET TO A POINT;THENCE S39°28 '22"E ALONG THE SOUTH LINE OF
SAID LOT 4,213.94 FEET TO THE NORTHWEST CORNER OF LOT 4 OF A
REPLAT OF OAKWOOD ESTATES,AN OFFICIAL PLAT RECORDED IN BOOK
816 ON PAGES 930-943 OF THE RECORDS OF THE DALLAS COUNTY
RECORDER;THENCE S25°54'34"E ALONG THE WEST LINE OF SAID LOT 4,
295.31 FEET TO A POINT;THENCE S74°25'26"W,234.14 FEET TO A POINT;
THENCE S09°25'24"W,120.19 FEET TO A POINT;THENCE S48°14'45"W,172.61
FEET TO A POINT;THENCE S86°39'01"W,154.69 FEET TO A POINT;THENCE
S54°51 '33"W,138.56 FEET TO A POINT;THENCE S88°25'15"W,136.32 FEET TO A
POINT;THENCE NOO"OO'OO"E,114.52 FEET TO A POINT;THENCE S85°59'27"W,
507.63 FEET TO A POINT;THENCE N37°21 '49"W,97.07 FEET TO A POINT;
THENCE N67°15'15"W,121.99 FEET TO A POINT;THENCE N60032'37''W,571.48
FEET TO A POINT ON THE WEST LINE OF THE SE Y4OF THE NW Y4OF SAID
SECTION 8;THENCE NOoo29'29"E ALONG SAID WEST LINE,916.91 FEET TO A
POINT;THENCE N83°26'03"E,999.51 FEET TO THE POINT OF BEGINNING;
CONTAINING 46.01 ACRES,MORE OR LESS,SUBJECT TO ANY AND ALL
EASEMENTS OF RECORD.
This property also known as Painted Woods Plat 1.
Section 2 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 February 24,2004;such
Section 3
Section 4
Section 5
condition to be footnoted on the zoning map and referred to in this
ordinance.
Preliminary Plat must be completed within two years and Bldg
Permits must be acquired from the City within three years
otherwise the property shall revert to A-I
Repealer.All ordinances or parts of ordinances in conflict with
the provisions of this ordinance are hereby repealed.
Severability Clause.If any section,provision or pat"!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 final
passage,approval and publication as provided by law.
Passed by the City Council of the City of Waukee,Iowa,this 19th day of April 2004,and
approved this 19th day of April 2004.
Attest:
Mark J.Arent n,City Clerk/Administrator
February 4,2004 EXHIBIT A
rPAINTEDWOODSRESIDENTIALDEVELOPMENT
W AUKEE,IOWA
ITEMl Location,Size,Legal Description
A)The proposed development,Painted Woods,consists of a parcel of
land located in portions of the SE 'I.ofthe NW 'I.,the SW 'I.of the
NE 'I.,the NW 'I.of the SE 'I.,and the NE 'I.of the SW 'I.of Section 8,
Township 78 North,Range 26 west of the 5th P.M.in Dallas County,Iowa.
B)See Exhibit B for a more particular description
ITEM 2 Topography
A)See Exhibit C
ITEM 3 Location and Description of Major Site Features,Including Tree Masses,
Drainageways,Wetlands,and Soils
A)Property is currently agricultural cropland,bounded on the North,
East,and South with tree cover and creeks or swales,and the West by
County Road R22.
B)See Exhibits B &C for detailed site characteristics.
ITEM 4 Location of lOO Year Floodplain
A)See Exhibits B &C
ITEMS Generalized Land Use Plan
A)Land use within Painted Woods will be entirely single family
residential,minimum combined lot size 26,000 s.f.Combined lots
refers to lots 9 through 14,and lots 16 through 29 combined with their
corresponding outlots;9A through 14A and 16A through 29A.
Transfer of ownership of all outlots with numeric prefix can only,and
must be transferred in conjunction with the corresponding numeric lot
number,deeded to the same transferee.In addition,all said outlots can
only be used for private residential uses,not including dwelling units.)
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ITEM 6
ITEM?
ITEM 8
ITEM 9
ITEM 10
Proposed Types and Densities of Development
A)The residential land use within Painted Woods will generally comply
with "R-I"District regulations.Uses ofland or structures customarily
incidental and subordinate to the single family residential use as permitted by
the City of Waukee Zoning Ordinance are permitted unless prohibited or
otherwise regulated by the Building Restrictions and Protective Covenants.
See Exhibits B,C,&D.
B)Gross density is .9Id.u.lac.
Generalized Internal and External Transportation and Circulation
System,Including Pedestrian and Bicycle Systems
A)See Exhibit A for public street layout.
B)In order to preserve as much rural character as possible,sidewalks will
occur on lots 2 through 30.See Exhibit B.
Location of Driveways or Access Points Adjacent to the Project
A)There is one boulevarded access from R22 into the project.
See Exhibit B.
General Location and Size of Building or Building Footprints
A)Exhibit B illustrates the building envelopes for the single family
homes.
Site Master Plan,Including General Envelopes of Buildings,Parking,
Open Space,and Other Site Features
A)Exhibit B illustrates the building envelopes for the single family
homes.
B)All homes shall have at least a three car garage,and must provide off-
street parking for a minimum of 3 cars,in addition to the attached
garage.There shall be no parking on any of the streets in Painted
Woods except when required during snow removal from driveways or
during repair or repaving of driveways or parking areas.
C)There is no commonly owned Open Space in Painted Woods.
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ITEM 11
ITEM 12
ITEM 13
ITEM 14
ITEM 15
ITEM 16
Description and Location of All Use Types Included in the Project,
Including Maximum Floor Areas Devoted to Each Use
Not applicable
Location and Design of Vehicular,Bicycle,and Pedestrian Circulation
Systems,Including Relationship to External Transportation System
A)See Exhibit B for public street layout.
B)In order to preserve as much rural character as possible,sidewalks will
occur on lots 2 through 30.See Exhibit B.
Schematic Location and Development Standards for Open Space,
Including Conceptual Landscape Plan
A)There is no commonly owned Open Space.However,Exhibit D
'BUILDING RESTRICTIONS AND PROTECTIVE COVENANTS'
establishes certain controls regarding maintenance and removal of
existing trees.
B)See Exhibit E 'ARCIDTECTURAL STANDARDS'for landscape
requirements.J
Building Design Standards,Including Height,Materials,Sections,and
Other Information to Describe the Project
A)See Exhibit E 'ARCHITECTURAL STANDARDS'
Location of Existing and Proposed Utilities,Sanitary Sewer,Storm
Sewer,Storm Water Facilities,and Water,Gas,and Electrical
Distribution Systems
A)See Exhibit B
Proposed Site Development Regulations,Including Maximum FAR or
Other Density Regulations,Building and Impervious Coverage,Setbacks,
Maximum Heights,and Other Design Standards Specific to the Project
A)The residential land use within Painted Woods will generally comply
with "R -I"District regulations
B)See Exhibit D 'BUILDING RESTRICTIONS AND PROTECTIVE
COVENANTS'for specific detail.\j
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ITEM 17
ITEM 18
ITEM 19
ITEM 20
ITEM 21
ITEM 22
Proposed Public and Private Ownership Boundaries,Including Proposed
Private Lots and Common Ownership Areas
A)See Exhibit B
C)There is no commonly owned Open Space in Painted Woods.
Preliminary Plat
A)See Exhibits B &C.
Final Plat
Not applicable at this time
Schedule Indicating Proposed Phasing and Scheduling of Development
A)Painted Woods will be constructed in one phase
Deed Restrictions,Covenants,Agreements,Association By-laws,and
Other Documents Controlling the Use of the Property,Type of
Construction or Development or Activities of Future Residents.
A)See Exhibit D 'BUILDING RESTRlCTIONS AND PROTECTIVE
COVENANTS'and Exhibit E 'ARCHITECTURAL STANDARDS'
Special Provisions
A)Any special assessment(s)levied relating to the development or
maintenance of pub lie improvements to the property herein referenced shall
be assessed equally to each Lot,exclusive of Outlots and Public Right of
Way,without regard to proximity or pursuant to any other formula that might
be applicable to such assessment plat and schedule,to the extent the City is
legally able to do as the time of any such assessment(s).Property owners and
the City agree this document will be recorded in the office of Dallas COlU1ty
Recorder to ensure that future purchasers of property within this development
are put on notice of the above conditions.
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RETURN TO:
SlanbJOugh Development
6151 Ibomion AvtlfllJe
Des f.Joifll",s.lAo 50321
EXHIBIT D
Bl1ILDIN~RESTRICTIONS AND PROTECTIVE COVENANTS
FOR PAINTED WOODS PLAT 1
Painted Woods Development Co.,
an Iowa Joint Venture,
DEVELOPERS
TO WHOM IT MAY CONCERN:
KNOW ALL MEN BY THESE PRESENTS;
Pain led Woods Development Co.,Joint Venture,being the developer of tho following
described real estate,to-wit:
Lots 1 through 42,Outlots Y,Z and Outlots 9A through 14A and
Outlots 16A through 29A of Painted Woods Plat 1,an Official Plat,
now included in and fanning a part of the City of Waukee,
Dallas County,Iowa,
does hereby establish and place residential covenants,conditions and restrictions upon said real
estate,namely consecutively numbered lots 1 through 42,inclusive,which shall be held,sold and
conveyed subject to the following restrictions,covenants,and conditions,and which are for the
purpose of protecting the value and desirability of said lots.and which shall run with the real estate
and be binding on all parties having any right,title,or interest in the described properties or any
part thereof,their heirs.successors and assigns.and shall inure to the benefit of each owner
thereof.
I.DEFINITIONS.
For the purpose of this Declaration,the following terms shall have the following
definitions,except as otherwise specifically provided;
A."Painted Woods Plat 1"shall mean and refer to the real property located in
the residential subdivision of "Painted Woods Plat 1"described above.
B,"Declarants"shall mean and refer to the signatory hereto and its
successors and assigns.,IC,"Lot"shall mean and refer to any individual parcel of land that is described
above as shown upon the recorded plat of Painted Woods Plat 1.
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D,"Building Plot"shall mean and refer to one or more platted lots,
E."Owner"shall mean and refer to the record owner,whether one or more
persons or entities,of the fee simple tille to any lot or building plot of the
above described real estate.
F."Outbuilding"shall mean an enclosed covered structure not directly
attached to the residence to which it is appurtenant.
G."Developer"shall mean Painted Woods Development Co.,Joint Venture
II.DESIGNATIONOF USE.
All Lots in Painted Woods Plat 1,except (LJ1QsedesignJlt'l.d f(Jr streets,publiC;
easements or common area)shall be known and described as residential
building plots and shall not be developed with more than one single-family dwelling
each,and shall not be improved,used or occupied for other than private
residential purposes,or those uses provided for in the zoning ordinance of the City
of WaUkee,Iowa.Transfer of ownership of all Outlots named using a numeric
prefix can only,and must be transferred in conjunction with the corresponding
numeric lot number,deeded to the same transferee.In addition,all said outlots
can only be used for private residential uses.
III.BUILDINGrye!':AND AREA.
A.No building or structure shall be constructed,altered,or
maintained on any building plot(s)other than a single-family home or any structure
allowed by the zoning ordinance.All single-family homes shall contain a minimum
of 2,600 square feet of living space exclusive of attached garages,breezeways,
porches and finished basement areas.
I.One-story dwellings must have a ground floor finished area of not
less than 2,600 square feel.
ii.One and one-halt story dwellings must have 2,000 square feet of
finished area on the first floor and a total on the first floor and
second floor of not less than 3.000 square feel.
iiI.Two-story dwellings must have 1,700 square feet of finished area
on the first floor and a total on the main floor and second floor of
not less than 3,000 square feet.
iv.Split entry dwellings must have 3,000 square feet of finished area
on the upper level.but a 70%credit will be given for finished area of
lower level which is 50%exposed over finished grade.
v,Split level dwellings must have not less than 3,000 square feet of
finished area directly under the roof,but a 70%credit will be given
for finished area of lower level which is 50%exposed over finished
grade,
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vi.No building shall be erected on any building plot unless the design
and location is in harmony with existing structures in the tract
vii.ln the computation of ground floor area,the same shall not include
any porches,breezeways,attached or built·in garages,or finished
basement areas,
B,All structures built in Painted Woods Plat 1 shall blend in with the
terrain rather than contrast with it The use of natural materials is encouraged,i.e.
stained wood,stone,brick and warrn-tcned shingles,as well as soft,earth-tone
colors,All exposed concrete block or tile foundations must be brick,stone,
veneered or stucco textured,All structures built in Painted Woods Plat 1 shall be
shingled with wood shakes,wood shingles,architectural grade textured and/or
shadowed composition shingles,or slat or tile noof shingles,
C,All residences shall have at a minimum,an attached 3-car
garage,All driveways shall be constructed of Portland cement concrete,Each
dwelling shall provide off·street parking for a minimum of three cars,in addition to
the attached garage.No garage doors over eight feet in height will be permitted,1
0,No fences may be built forward of the centerline of lhe house built
on a building plot,Yard fencing is discouraged,There shall be no fencing or other
obstructions on any conservancy district easement or drainage easement All
fences shall be no more than six feet in height and shall either be of wood:
stained,painted in soft,earlh-ioned colors or left natural so as to blend in with lhe
terrain OR,be made of steel or Iron and painted either black or dark brown in color
so as to blend in with the terrain,
E,No satellite dish shall be located upon any lot unless it meets the
following requirements:
i.It shall not be mounted on a trailer or other temporary or portable
device,but shall be permanently installed in an acceptable
fashion,
iL It shall be located so that no part of the device is in front of the
home it serves,
iii.It shall not exceed two (2 )feet in diameter,
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iv,It shall be constructed of metal material,gray or black in color,Of,
to tile extent technically feasible,be painted to match the eclor of the
home it serves.
v.If ground mounted,it shall be appropriately landscaped and
screened with bushes and appropriate fencing;
vi.It shall not extend more than 12 feet above grade.
F.No light poles shall be used or placed upon any building plot that
extend more than 10 feet above grade,except for those used to light tennis courts.
All light poles shall be of a residential design.All pole lights shall be positioned
and directed so as not to constitute a nuisance to any adjoining property owner.
G.No exterior towers or antennas of any kind shall be constructed or
permitted on the ground of any building pial.Reasonable television or radio
antennas are permitted on the residential dwelling or garage.
H .Tool and storage sheds,tennis courts,swimming pools and any
other outbuildings shall be located only in rear yards and shall be at least twenty
(20)feel from property lines.
I.No trash receptacles or garbage cans shall be permitted to be
placed outside of a building or a structure on any lot unless hidden by an attractive
screen and landscaping of suitable height and variety.
J.Any play sets erected shall be earth-tone in color,not exceed ten
(10)feet in height and shall be properly maintained.
K.No Manufactured,mobile or module homes shall be placed on or
erected on any Lot.
L.The minimum setbacks as specified in this Declaration shall be
measured from the Lot line from which the setback is being measured to Ihe
nearest building or structure.No buildings or structures (except for permitted
fences,drive entrance columns,or mailboxes)shall be constructed or maintained
within the required minimum setback area.The definition of Ihe terms "front yard',
"side yard',"rear yard",'building",'structure"or other similar term relating to
setbacks shall be the same as that definition ecntained in the City's Zoning
Ordinance now or in the future.
The front yard setback for Lots 15-18 inclusive,and Lots 25
through 29 shall be at least thirty (30)feet,and for Lots 3142
inclusive,shall be at least forty (40)feet.The front yard setback
for all other Lots shall be at least thirty-five (35)feet.
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ii.The side yard setbacks shall be a total of at least twenty-four (24)
feet with a minimum setback of twelve (12)feet on anyone side,
iii.The rear yard setback shall be at least thirty-five (35)feet;except
for lots 10 through 13 inclusive,and lots 17 through 29 inclusive,
where adjacent to their corresponding Outlots,there shall be no
minimum rear yard setback
iv.lots shall also be subject to all setbacks,easements and
restrictions shown on the plat of the Property that are filed of
public record,
IV,REVIEW OF BUILDING PLANS
No structure shall be erected upon any building plot until site plans and
building plans have been first submitted to the Developer and the Executive
Committee of the Painted Woods Homeowner's Association for their approval
thereof and found in compliance with the ArChitectural Standards attached hereto
as Addendum A.,which approval shall be for aesthetic purposes only by the
Developer,the Executive Committee of the Painted Woods Homeowner's
Association,or tl1eir successor until the last building plot has been deveioped with
a residence,If the Developer or its successors should fail to approve or
disapprove said plans in writing within thirty (30)days after their submission,such
plans shall be deemed to be approved,1
V.LIVESTOCK AND POULTRY PROHIBITED,
No animals,livestock or poultry of any kind shall be raised,bred or kept on any
lot hereby restricted,except that dogs,cats,and other common pets may be kept
so long as they are not kept,bred or maintained for commercial purposes,In no
event,however shall more than two dogs or cats be maintained on anyone
bUilding plot at anyone given,Dogs shall be kept in strict accord with the
applicable leash ordinances of the City of Waukee,
Pet enclosures shall be located only in rear yards and shall be at last twenty
(20)feet from any property lines,Said enclosures shall be constructed of wood
board fencing,with spacing no greater than four (4)inches between boards,and
fully screened with landscaping (preferably evergreens).
VI.LANDSCAPING AND CARE.
When dwellings are constructed,all building plots are to be fully soddded,from
the front lot line to a point seventy-five (75)feet back of the dwelling,except where
the topography or tree cover does not make the same practical.The balance of
the lot shall be eilher sodded,seeded,planted in wildflowers or left in natural
vegetation,\
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When dwellings are constructed on a building plot,if the same are not already
in place,the building plot shall have the following trees planted thereon:
i.A minimum of four (4 )two-inch caliper flowering trees of
which a minimum of three (3 )shall be planted in the
front yard.Flowering trees shall include magnolia,red
bud and 1I0wering crab,
ii.A minimum of five (5 )2 Y.inch caliper over-story trees
of which a minimum of two (2 )shall be in the front yard.
Over-story trees shall include Oak,Ash,Elm,Maple.
VII.WEED CONTROL,
The Owner and/or person in possession of each building plot,whether vacant
or improved,shall keep the same free of rubbish,weeds,and debris.If said
Owner or person in possession fails to keep plot free of rubbish,weeds and debris
and is in receipt of written notice delivered by certified mail from Developer,or by
any property owners owning property within seventy-five (75 )feet of such lot,to
cut such weeds and remove such debris within ten (10)days,and failing to do so,
the Developer or the property owner giving such notice,as the case may be,may
enter upon the property to cut or cause to be cut such weeds,or to remove or
cause to be removed such rubbish and/or debris,and said Developer or property
owner shall have a right of action against the Owner of such Lot for collection of
the cost thereof.
VIII.EXISTING TREES
The knocking down or cutting down of trees or sapfings shall be limited to
the absclute minimum needed for construction on a Lot or the removal of diseased
or dead trees.Established trees removed for construction shall he only those
directly on the structure site or not greater than ten (10)feet from the structure or
four (4)feet from any road or driveway.Any Owner desiring to fell or cut down any
tree must obtain prior wriUen permission from the Executive Committee described
helow in Article IV after submission of an acceptable tree removal plan,including a
plan for tree replacement subject to the approval of the Executive Committee.
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No building or structure of a temporary character including but not limited to
trailers,basements,tents,shacks,garages or outbuildings shall be used at any
time as a residential dwelling on any building plot either temporarily or
pennanently.
IX.TEMPORARY STRUCTURES OR EQUIPMENT.
X.RECREATIONAL EQUIPMENT.
No recreational vehicle,motor home,boat,snowmobile,motorcycle,personal
water craft or trailer may be parked or stored upon any lot for more than thirty (30)
days during any calendar year,unless the same is located in a garage.
XI.COMMERCIAL ACTIVITY PROHIBtTED,
No home occupation or business,nor any commercial activity shall be
conducted on any building plot,except as perrnitled by Waukee City Zoning
Ordinance.
xn EASEMENTS.
Easements for installation and maintenance of utilities and drainage facilities
are reserved as shown on the recorded plat of Painted Woods Plat 1.The Owner
and/or a person in possession of a buitding plot shall,at his expense,maintain,
keep and preserve that portion of the easement within his property at all times in
good repair and condition and shall neither erect nor penmit erection of any
building or structure of any kind,nor penmit any growth of any kind within said
easement which might interfere in any way with the use and patrolling of any of the
utility services and drainage within the easements.
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XIII.ASSESSMENTS
Any special assessment(s)levied by the City of Waukee relating to the
development or maintenance of public improvements to the property herein
referenced shall be assessed equally to each Lot,exclusive of Outlots and Public
Right of Way,without regard to proximity or pursuant to any other fonmula that
might be applicable to such assessment ptat and schedule,to the extent the City is
legally able to do as the time of any such assessment(s).
XIV.ENFORCEMENT OF COVENANTS.
The Covenants shall be deemed to run with the land to which they apply,and
the Declarant and/or the Owner of any such real estate may bring an action in any
court of competent jurisdiction to enforce lhese Covenants and enjoin their
violation or for damages for the breach thereof,or for any other remedy or
combination of remedies recognized at law or in equity.1j
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XV.AMEN.DMENTS TO COVENANTS.
Covenants may be amended by the Developer at any time whereupon the
Developer owns any building sites in the plat.Upon the sale of all lots by the
Developer,the Owners may make final approval of any proposed amendment(s).
Said approval,shall be ratified by the affirmative vote of not less than two-thirds of
the Owners of property to which these Covenants apply,but the Owner or Owners
of such property shall be entitled to cast in the aggregate,only one vote on
account of each lot owned thereby.
XVI PERIOD OF COV.~NANTS.
All of the foregoing Covenants,Conditions and Restrictions shall continue and
remain in full force and effect at all times as to the property hereinabove described
and as to the Owners of any building plot in such premises,regardless of how title
was acquired,until twenty five (25)years after the date of recording of these
Covenants,Conditions and Restrictions,on which date these Covenants,
Conditions and Restrictions shall terminate and end and thereafter be of no further
legal or equitable effect on the premises or any Owner thereof,provided however
that these Covenants,Conditions and Restrictions shall automatically be extended
for two successive periods of Five (5)years,if on or before the end of the base
period,or the first extension period,!he Owners of not less than fifty (50%)percent
of the Lots subject thereto shall,by written instrument duly recorded,declare an
extension of the same,
XVII ENFORCIBILITY AND_WAIVER
A.In the event that anyone or more of the foregoing Covenants,
ConditJons or Restrictions shall be declared for any reason by a court of
competent jUrisdiction to be null and void,such judgment or decree shall not in any
manner whatsoever affect,modify,change,abrogate or nullify any of the
Covenants Conditions and Restrictions not so expressly held to be void,which
shall continue unimpaired and in full force and effect.
B.All property subject hereto shall also be subject to any and all
rights and privileges of the City of WaUkee,Iowa,acquired or hereafter acquired
by said City by dedication,conveyance,filing or recording of plats or covenants as
authorized by law.Wherever there is a confiict between these Covenants,
Conditions or Restrictions and/or the zoning ordinance or law of the City,County
or State,wherein !he subject property is located,that which is most restrictive shall
be binding.
PAINTED WOODS DEVELOPMENT CO.,JOINT VENTURE IDATEDTHIS.DAY OF .,2004
By__
For
Its,_
By_._
For _
Its --------_.._..-
STATE OF IOWA )
)SS
COUNTY OF DALLAS )
On this _day of ,2004,before me,a Notary Public in and for the
said State,personally appeared Patrick J.Ruelle,to me personally known,who being by me duly
sworn did say that that person is Manager of said limited liability company,that said instrument
was signed on behalf of the said limited liability company by authority of its managers and the said
Patrick J Ruelle acknowledged the execution of said instrument to be the voluntary act and deed
of said limited liability company by it voluntarily executed .
)
..._------
Notary Public in and for the State of Iowa
My Commission Expires,_
STATE OF IOWA )
)SS
COUNTY OF DALLAS )
On this __day of ,2004,before me,a Notary Public in and for the
said State,personally appeared Daniel Stanbrough,to me personally known,who being by me
duly sworn did say that that person is Manager of said limited liability company,that said
instrument was signed on behalf of the said limited liability company by authority of its managers
and the said Daniel Stanbrough acknowledged the execution of said instrument to be the voluntary
act and deed of said limited liability company by it voluntarily executed.
)--'---Notary Public in and for the State of Iowa
My Commission Expires,..._..__.
9
EXHIBIT E
ARCHITECTURAL STANDARDS
FOR PAINTED WOODS PLAT 1,WAUKEE,IOWA
ARCHITECTURAL REVIEW PROCESS
The Executive Committee of the Painted Woods Homeowners'Association (the "Committee")will review all
house and outbuilding designs,plans and construction for:
•Consideration of primary site design issues.
G Sensitivity to the special landscape potential of the horne site.
•Compatibility in architectural design.
•Compliance with the Building Restrictions and Protective Covenants and the Declaration of Covenants,
Conditions and Restrictions applying to Painted Woods Plat 1.
These Guidelines have been created to provide property owners,architects and contractors with a set of
parameters for the preparation of their drawings and specifications.These Guidelines may and will be
changed from time to time by the Committee,upon approval of the Board of Directors of the Association,to
meet the spirit and intent of the Declaration of Covenants,Conditions and Restrictions for Painted Woods
Plat 1.
By encouraging quality and attention to detail,the aesthetic harmony as well as natural tranquility and
overall property values in Painted Woods Plat 1 should be enhanced and preserved for the benefit of all
present and future homeowners.
ARCHITECTURAL SYTLES
These Guidelines are not intended to dictate specific architectural styles that must be used within the
community,but rather to give property owners,their architects or designers a set of guidelines that will
make the entire community a more attractive place in which to live.These Guidelines are created to
encourage a community of individual outstanding architectural statements that,when viewed together,
produce a pleasant environment
Architectural designs should be customized for each home site to maximize the natural features that exist.
especially in the heavily wooded lots.
02!03!O4
EXECUTIVE COMMITIEE
Painted Woods Plat 1 is designed to be a unique community of homes.The community's Covenants,
Conditions and Restrictions do not list specific design items necessary for plan approval.Rather,the power
to approve or disapprove Individual building plans is the responsibility of the Executive Committee of the
Association (the "Committee').The Committee does not seek to restrict individual creativity or preferences,
but rather to maintain within the overall community the aesthetic relationship among homes,natural
amenities,the wooded areas,and surrounding neighbors.
The Committee will use these Guidelines for the purpose of review but may individually consider the merits
of any design due to special condilions that,in the opinion of the Committee,provide benefits to the
adjacent areas,the specific site,or to the community as a whole.
Prior to the commencement of any construction activity,(inclUding any grading or excavation),an
APPLICATION FOR APPROVAL for the work must be submitted by the property owner or their
representative to the Committee.Applications are available from the Association Manager.Approval by
the Committee must be received prior to the start of any clearing,grading or construction.The authority to
approve or disapprove building and landscape plans is set forth in the Covenants,Conditions and
Restrictions for Painted Woods Plat 1.
DESIGN REVtEW PROCEDURE
Pre-Application Research
The property owner is responsible to acquaint his or her building team with the Committee,these
Guidelines and process for approval.
The City of Waukee has jurisdiction over Painted Woods Plat 1.The City should be contacted at the
beginning of the planning process to insure compliance.with its requirements.Compliance with all
governmental regulations is the obligation of the property owners.
Preliminary Design Review
To establish the design concept,the owner or designer may meet informally with the Committee to discuss
and consider approaches,ideas,designs,and to review any preliminary design sketches which they may
have had prepared.If the owner so chooses,a submittal of the exterior elevation drawings and a site plan
shOWing existing grades,property lines,and building setbacks should be provided for a preiiminary review.
After the preliminary review of the materials and design concept,the owner or his or her representative
must submit a final set of blueprints (working drawings),a detailed site plan of the home and a landscaping
plan showing type,size and quantity of plant material,for the final design approval.
The home site owner may elect to waive the preliminary review and go directly to the submittal of a final
plan;however,the Committee strongly encourages those who are building in the community for the first
time to prepare a preliminary design for review.These Guidelines outline the basic requirements and
characteristics of design employed by the Committee in reviewing (and approving)plans,including
architectural,site,and landscaping.
I
j
2
For the Committee to begin the preliminary design review,a submittal package for preliminary design
review should contain one (1)set of the following:
a)Floor plans,drawn to W "1'0"scale.
b)4 exterior elevations,with enough detail to allow the Committee to make an effective
review of the plan.Items that should be included in the elevation drawings are:
Identification of exterior materials,roof pitches,window and door treatments,decks,
chimneys,posts and railings,etc.
NOTE:Items "a"and "b'may be in sketch form,that is,drawings of a preliminary nature,and need not be
totally dimensioned and detailed,although room sizes and overall building dimensions should be included.
c)A site plan,prepared by a civil engineer licensed in the State of Iowa and sealed by said
engineer,drawn to scale of 1""20',showing:
e Property lines.
•Contours,existing grades,proposed finish grades and drainage pian including
ditches,swales and storm water retention areas.
•Home location and setbacks.
•Driveway and turn-around locations and dimensions.
•Culverts,pipes,headwalls,the standard curb cut and mailbox location,sidewalks,
patios,and AlC and garbage enclosure locations.
"Proposed top of foundation and basement floor elevations.
"Rear deck size and location.
"All trees and designating those which must be removed and describing a tree
replacement plan.
d)The Application for Approval form.
Final Design Review and Approval.
The Committee's design review procedure is structured to achieve a prompt review period from the final
plan submittal to final plan approval.This procedure is as follows:
a)Submit one (1)set of final plans as further defined below in paragraph f,two copies of the
Application to the Committee at the office of the Committee,and a processing or
application fee of $1,300.00.$1,000.00 of this fee is held as an expense reimbursement
deposit (non-interest bearing account).In the event the Association must expend funds in
order to cure an owner's failure to meet its obligations under the Covenants,this $1,000.00
will be drawn upon to reimburse the Association for such expenditures.Any balance
remaining upon completion of construction will be refunded to the owner.
b)Submit the exterior color scheme and material selections and brick and siding samples.
c)If the Commillee or the applicant so desire,meetings between the property owner and/or
his agent and the Committee shall be held as soon as is practical to review the
Committee's comments.
3
d)
e)
When the Committee requires only minor revisions,the owner will be informed of the
Committee's action by letter.Plans needing to be extensively modified will require the
owner to make changes and resubmit the design for approval.If the plans require no
revisions,the owner will be notified of the approval by letter.
SITE INSPECTION:Following plan approval and prior to construction,each home site
owner or his agent shall request the Committee to make a site inspection for permission to
clear the site once their home is staked in the field.Staking shall be done with a
continuous ribbon,delineating the boundaries of the residence,any other improvements
(such as pools,decks,detached sheds or garages)and side property lines.Any individual
trees to be removed outside the delineated area shall be marked with ribbons individually
or in groups.Inspection shall be made within three (3)working days,weather permitting,
of the request.Authorization to proceed with grading and construction operations will be
issued immediately thereafter,provided the staking complies with the approved plans.
CONSTRUCTION PLANS:Final plans should be submitled on 24'x 36'maximum sheet
size,be in the order as stated below,and consist of the following information:
SHEET ONE:SITE PLAN 1';;;20'(minimum scale)
..Show the existing topography and the proposed finish grades.The grading plan must
include all drainage information including swales,storm water retention areas and ditches.
This grading plan will need to be approved by the Committee before any earth is moved on
the property.
First floor and basement floor elevations must be shown with respect to the size and
grades.
Indicate driveway widths and length,drainage culverts,pipe and headwalls,standard curb
cut,mailbox location,sidewalks,patios,air conditioning and garbage enclosure locations.
The standard curb and mailbox detail are available from the Committee.
Show rear deck size with stairs to the lower grade.
Indicate the garage back-up distance,at least 28'(30'recommended),with a minimum of
3'between the edge or the driveway and the property line.
Indicate ability of driveway to accommodate at least two regular sedan automobiles back to
back without encroaching on street right-<lf-way,including any sidewalk.
Show any extreme site conditions including terrain,trees to be retained and trees 10 be
removed on the plan.
Show all the proposed structures,improvements and the proposed and actual setback
lines.
Landscape plans must be submitted no later than the time the house goes under roof,but
are encouraged to be submitted with the sile plan.The landscape plan shall show the
name,size,spacing,quality and quantity of plants to be planted drawn to scale and spaced
to scale.A plant list is required designating the proposed landscape material.
Show the lengths,designs,height.finish and location of retaining walls.Walls are
encouraged to be concrete and faced with the same finish as the exterior wall material of
the home.
Attach the application form to the upper lett comer of Sheet 1.All forms should be
completely filled out and signed.Exterior color scheme and material selections must be
submitted with the plans.1)
"1•
..
..
..
..
•
..
"
4
SHEET TWO:BASEMENT PLAN:Y.t::1'0'
•Walkout basements must indicate windows,doors,patio areas,stoops,deck columns,
retaining walls,and all interior spaces.
•All floor plans are to correspond with the site plan's orientation.
SHEET THREE:FIRST FLOOR PLAN:Y.."::1'0'
..Indicate decks,patios,stoops,retaining walls,trash enclosures,air conditioning screening,
front entry step sizes,materials and finishes,driveway areas and all interior spaces of the
first floor.
SHEET FOUR:SECOND FLOOR PLAN:11.<'::1'0'
e Indicate lower roof projections,roof overhangs,chimney locations and all interior spaces.
SHEETFIVE:ROOF PLAN:11.<'::1'0'
..Indicate all roof areas and corresponding slopes,
SHEET SIX AND SEVEN:BUllDING ELEVATIONS:Yo"::1'0"
•Building elevations should be drawn along with floor plans to match the site plan
orientation,
Articulate all elevations,including hidden elevations,with finishes,window types,trims,and
fascia details.Show the proposed finish grades against elevations,garbage screens,air
conditioning location,screens,decks,rear stairs and the maximum height from the first
floor to the uppermost roof peak.Also show exterior post and rail system details.
SHEET EIGHT:SPECIFICATIONS AND SCHEDULES:Scale is required,
•Final construction specifications may be Included on drawings or in book form on 8 y,"x
11"sheets,
g)The Committee will retain the final drawings for a maximum period of one hundred eighty (180)
days subsequent to approval.If work has not started or a continuance not received by the owner
or owner's agent within the above time period,the approval will then automatically expire.
h)Any requests for meetings or discussions with the Committee are to be directed to telephone
number 515-.'
i)Any questions concerning the Association should be directed to the Association Manager.
j)It is requested that a realistic construction schedule be provided as to the start and finish dates of
construction,This should be submitted when final plan approval is obtained.
k)Contractors are reminded of the requirement to keep sites clean,Weekly clean-up is required,
The street right-of-way is also to be maintained and kept free of mud and debris,Silt fencing must
be installed to prevent runoff into the street or onto neighboring property,If sites are not kept up or
5
any damage to adjoining property or Common Areas occurs through the construction process,the .I
owner will be notified by phone or letter of the violations by the Association,Owners or their
contractors will have three days to respond before the work is performed by the Association,the
cost of which will be collected from the owner or contractor or assessed against the owner's lot as
permitted by the Covenants,
CONSTRUCTION
The Committee will promptly offer its comments on the preliminary review,Upon final design approval,the
plans will be ready for building permit application to the City and commencement of construction,
In addfion to the final design approval from the Committee,the owner must obtain a building permit from
the City of Waukee,Staking of the home prior to clearing and construction must be done in accordance
with the site inspection requirements noted above,
PROCEDURAL FLOW CHART
The following flow chart represents the steps necessary to building a residence in Painted Woods Plat 1,
Any deviation from these procedures could cause unnecessary delays or additional costs if approvals are
not obtained prior to construction,
---s-u~~ii;~~~~~~~~:r~~~~~re:~=]
1 J
!Committee meets to review the iJ'ppjicaiion-'jl__,,__..!n,d,,~tleflCi.rti,ng.rnilteri..<:lls,----.J
1
"Letter-IS sent'toappiicantTrldicating approvall
of application ..._".-J
1
1
Building process begins,]
Contact"Iowa 1 Call'for location of
,Underground utilitie,:cs,,-,__
1
Follow-up inspections made by the
Committee,
)
6
REMODELING AND ADDITIONS
Remodeling and additions to existing improvements are required to meet the same criteria as new
construction.All criteria concerning aesthetics,color,site location,architecture,landscaping,grading and
excavations,roofs,height limit,solar collectors,satellite television,setback,lighting,hot tubs and spas,
pools,etc,will be of significant concem to the Committee.An approval from the Committee is required for
this work just as it is for new construction.
LANDSCAPE
A strong emphasis is placed on landscaping in the architectural review process.Quality landscaping is
important to both the appearance of each individual home and the overall continuity of the community.
To insure that the overall beauty of the community is preserved and enhanced,the Committee has the
authority to approve or disapprove landscape plans for individual residences.
Painted Woods Plat 1 has been designed utilizing the natural elements as much as possible,especially the
heavily wooded nature of the area.Various hardwood trees are prolific within the community and it is the
intent of the Committee to maintain and enhance this landscape integrity.
The determining factor of gooo landscape design should always be the architecture and location of the
residence.The Committee will take into account the various relationships between the horne,the site,and
adjacent homes,views,and other amenities in making decisions regarding prospective landscape plans.
Landscape plans should be fully detailed and accurately drawn to an appropriate scale on a full-sized site
plan.The plans should clearly show contours and elevations,drainage,and all pertinent site and
architectural information including an accurate outline of the building with doors,windows,stoops,decks
and other features accurately located and drawn.The particulars of outdoor surfaces such as walks,
decks,patios,driveways,courtyards,etc.should also be specified.If spas or retaining or head walls are to
be installed,architectural drawings of installations must be pnovided with a listing of the materials to be
used,
The Committee,in these Guidelines,has recommended various plant types to be used in the landscape
plans.These plant materials have been selected because of their traditional influence in Iowa and their
desirable characteristics for the entire community,
Upon selection of plant materials,the owner shall provide complete plant nomenclature for positive
identification of these proposed materials.The sizes,in standards nursery 'range of size'description
should be given as well as the quantities of plants of each type proposed to be used in each planting
group,
The reason for including such a thorough plant list is that the landscape design submitted should be
compatible with the Painted Woods Plat 1 concept of creating a subdued natural woodland landscape that
appears mature and well established,
7
THEME PLANTS I
The list of plant materials on Exhibit A have been selected to complement and best represent the Painted
Woods Plat 1 style of design.These plants are found throughout the community.It is desired that
individual property owners continue with this type of planting to add to the ambience of Ihe community.
There are many other plants not listed that may be used within the community,but are not necessarily
considered theme plants.
VACANT HOMESITES
Some home site owners may not elect to start construction at Painted Woods Plat 1 for several years.
While vacant,these home sites must be kept clear of dead material (including trees),fallen branches,
debris,shrubs,and other vegetation that is not on the theme plants list.Maintenance of a manicured lawn
(sod)will not be required prior to bUilding but yard areas must not restrict views from the street or adjacent
home sites.
EXisting grass and lawn areas must be trimmed or cut to a height of 6"or less and be clear of all weeds
and unsightly vegetation except for areas designated to be kept in their natural state or except for
maintenance of wildflowers.Any plans to remove trees,must be reviewed by the Committee prior to their
extraction.Failure to maintain property in an acceptable condition will result in notification to the owner by
the Committee of the infraction.The owner will have five days to complete the corrective work.If the
property is not properly cleared or maintained,then the Committee will have the work pertormed at the
expense of the owner or assessed against the owner's lot as permitted by the Covenants.1NATURALFEATURES
Many fine mature trees exist in Painted Woods Plat 1.Many are located in prominent view from the street
giving them special significance.The Homeowners'Association has taken a positive step toward the
recognition and protection of all trees by requiring approval by the Committee to remove any tree.
In addition to the already established vegetation,many other plant types will be acceptable for use within
the community.The Committee will take into consideration all elements of the individual landscape plan
and plant materials selected during the approval process.
Fundamental to the design criteria is the need for gardens and lawns to harmonize with the native terrain
and natural beauty of the community.Owners will be encouraged by the Committee to landscape their
home sites with plant material that is indigenous to the existing area.
SITE DEVELOPMENT
The Committee will consider each site independently,but will give extensive consideration to the individual
impact of each plan upon adjacent home sites and view corridors.Care must be taken to locate each
structure,whenever possible,so as not to Infringe upon view corridors,adjacent structures and home sites
and natural amenities of the land.ISpecialconsiderationshouldbegiventothetopographicalfeaturesofthehomesite.It is important to the
community that homes are located on the property in a manner that does not adversely affect views from
8
the adjacent homes.Proper treatment must be given to the site's natural amenities including existing
vegetation,environmentally sensitive areas and drainage channels.The Committee will give specific
attention to driveway access points and the height of structures.
SITE PLANNING
The specific location of a house on a building lot is a critical and important design decision.The site plan
concept developed for each homeowner should reflect functional needs,but also be sensitive to the site's
unique characteristics and inherent design opportunities.
Site surveys and topographical information are the responsibility of the home site owner.The owner is
encouraged to use a surveyor to obtain this information,and also to plot significant trees and site
conditions.
Site and drainage plans will be closely studied to insure that proper storm water retention areas
and/or diversion routes are designed to prevent run-off into sensitive areas or other home sites.
GRADING AND EXCAVATING
The design and development concepts of Painted Woods Plat 1 call for the maintenance of the existing
grades in as much of the original condition as possible.
The Committee is particularly conscious of site utilization and desires not to disrupt the natural terrain in
most cases.The Committee is keenly aware that,whenever possible,structures should be designed
around the specific home site.It is important to remember that the beauty of Ihe development is the land
and its natural features and that the architecture should complement and enhance rather than compete
with or destroy this beauty.
In order to help insure compliance with the above philosophy,as part of the final design submittal,a
grading plan will be required.Gredlng approval must be obtained from the Committee before earth is
moved or removed from a specific home site.Absolutely no grading whatsoever shall be permitted without
first obtaining this authorization.
All grading reviews shall be subject to the jurisdiction of Ihe Committee and shall be considered individually
for each lot.Recommendations or demands will be based upon individual home site locations,terrain,soil
conditions,drainage,cuts and fills,and whatever other conditions the Committee feels impact upon the
site grading design.
All Owners as well as their contractors or agents shall be responsible for implementing appropriate
erosion control measures before,during and after any construction or excavation on a Lot.Such
measures may include temporary sedimentation areas,silt fences and ground cover,including silt fences
to prohibit siltation,planting and seeding to cover all exposed areas and prevent erosion.If in the opinion
of the Association erosion is not properly controlled,corrective action may be taken by the Declarant or the
Association,and an automatic easement granted to implement the corrective action,and the actual costs
thereof plus an administrative fee,as determined by the Association,shall be assessed against the
offending Lot.
9
Drainage considerations for individual sites play an important part of the overall ecological balance of the
site.Water runoff for each individual building site must be handled by adequately sloping all area so thai
runoff can be directed to the natural drainage areas or to storm drainage facilities.
DRAINAGE
DESIGN CRITERIA
It is desirable for the homes to exhibit the indiViduality of their owners as well as the characteristics of the
selected architectural style.But it is also important that they observe basic design principles inherent in
good architecture:
..Is the residence located on the site with a minimum disruption to the natural topography,wooded
area,and landscape?
..Will the various building materials allow a pleasing and harmonious exterior appearance for the
residence?
..Are the colors appropriate and used with restraint?
..Is there a consistent scale used throughout the design of the residence?
..Is each element designed in proportion to the others?
..Are the specific features of the architectural style well developed and carefully detailed?
..Have these features been researched to achieve a degree of authenticity?
BUILDING SETBACKS
The City of Waukee and the Homeowners'Association have established minimum standards for building
setbacks for various types of residential structures.In some instances,the setback and other standards of
the Association may be more restrictive than the City standards and setbacks.
'Outdoor"elements of the house which are attached to the home (such as decks,porches,wing walls and
such),are considered to be part of the house proper and will not be allowed to encroach into side or rear
yard setbacks,except as variations in the case of unique site characteristics,which the Committee may
consider on a case-by-case basis.Patios,driveways,and walks may usually encroach into setback areas.
MAILBOXES
The Committee will control the selection and construction of all mailboxes for residences within Painted
Woods Plat 1.The developer and the Lot Owner shall be responsible for installing the mailbox at
completion of construction,and the owner will be responsible for maintaining the mailbox in an attractive
condition after construction has been completed.
WALLS AND FENCES
Wails and fences should be considered as an extension of the architecture of the residence.They should
serve to make a transition between the mass of the architecture and the natural fonms of the site.All walls
and fences should be designed to be compatible with the total surrounding environment and should not
block natural views,Fences,walls and hedges should be considered as design elements to enclose and )
10
define courtyards,to extend and relate the building forms to the landscape,as well as to assure security
and privacy elements.Perimeter yard fencing is discouraged.There shall be no fencing or other
obstructions on any conservancy district easement or drainage easement.All fences shall be no more
than six feet in height and shall either be of wood;stained,painted in soft,earth-toned colors or left naturel
so as to blend in with the terrain OR,be made of steel or Iron and painted either black or dark brown in
color so as to blend in with the terrain ..If the homeowner desires some boundary screening,a landscape
planting solution,as approved by the Committee,is encouraged
The specific locations and designs of walls and fences must be submitted to the Committee for approval
before installation,Maximum height for walls and fences is 8 feet.
Any retaining walls that attach to the residence should utilize the same materials that the wall comes in
contact with.Landscape retaining walls comprised of natural stone or boulders may be acceptable to the
Committee.
EXTERIOR LIGHTING
Lighting should be used to enhance the overall design concept of the home in an aesthetically pleasing
manner.Exterior pool and landscape lighting must not infringe upon adjacent neighbors.Therefore,glare
shields are requested to eliminate bright spots and glare sources.Exterior lighting should utilize low-
voltage or similar non-glare direct task type fixtures and tihey should be as close to grade as possible.
Bare light bulbs are not permitted.All lighting conduit and fixtures must be as inconspicuous as possible,
especially by day if lights are above grade level.Exterior lighting must meet all City building codes and
must be approved by the Committee prior to installation,
TENNIS COURTS
Tennis courts must be located so that they will not infringe upon view corridors.Courts should be naturally
screened from adjacent home sites and windscreens should be kept to moderate heights.
A plot plan showing the tennis court location shall be subject to review by the Committee showing any and
all proposed grading and screening,Design and color of fencing matenels should blend naturally into the
surrounding area and plant materials should be added where necessary to soften the visual impact.
Approval by the Committee,of the surface color is required before construction,Night lighting of tennis
courts is permitted if the light does not intrude on adjacent property.Tennis courts will be permitted only
when they can be constructed so they do not constitute an intrusion upon the adjoining residents,
POOLS,THERAPY POOLS SPAS
The location of swimming pools,therapy pools and spas (including hot tubs)should address the
relationships between indoor and outdoor features,setbacks,screening and the site's terrain.
The size,shape and location of swimming pools must be carefully considered to achieve a feeling of
compatibility with the surrounding natural and man-made elements.Pool and equipment enclosures must
be architecturally related to the house and other structures in their placement,mass and detail.Pool
decks at or within two feet of grade may encroach into setback areas,but not closer than 10'to any
property line.
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GARAGES
Front loading garages are permitted,however,side-loading garages are strongly encouraged.In either
case,adequate screening should be provided.
GOOD DESIGN
Terms such as "sound design"and "good taste"are difficult to describe and even more difficult to legislate.
Good architectural design should incorporate architectural elements that have withstood the test of time,
and each architect should strive to design a home that has integrity,continuity,and a sense of proportion.
The following elements are to be encouraged:Intelligent selection of details related to a well designed
floor plan;sensitive interpretation of styles within constraints of budget and site;consistency of site
planning,landscaping and architecture;and logical use of materials.Openings should be property paced
and spaced,the home should be compatible with surrounding structures,and have well executed details
that are consistent with the architectural style.
The following elements are to be avoided:harsh contrasts of colors and/or materials;illogical or
inappropriate combinations of scale;poorly executed details and extreme interpretations of the
components of each style.
DESIGN FEATURES
a)Roof forms should be well organized and demonstrate the same character on all sides of the
residence.Eave lines should align whenever possible.Special attention should be given to eaves
and rakes by articulating fascia boards and adding cove moldings,gutters and crown moldings.
Gutters and downspouts shall be used at all eave lines unless deemed inappropriate.All roof
structures such as attic vents,plumbing vents,gutters,etc.should be painted to match tile roof
colors and be positioned behind tile roof crown.
b)Windows and doors should reflect restraint in the number of types,styles and sizes.Consistency
of detailing on all elevations should be maintained.
c)The main entrance should have a sense of prominence that is reflected on the design.It should
include either a pair of doors with or without sidelights or a single door with sidelights.The main
entrance should contain more detail than other openings but be consistent in styling.
d)A raised deck and its supports should incorporate materials that relate 10 the residence such as
brick,stucco or stone.
e)Quoins,when utilized in the design,should be expressed on the side elevations as well as the
front and on all elevations when used.
l)Bay windows should be carried down to grade or express visual support of a cantilevered
condition.When bay windows are stacked in a 2·story condition,the blank panel between all
facets should be articulated.
g)Masonry or stone facing used as veneer material on the front of a residence should return around
a comer to a logical point of termination such as an inside comer.Ending the veneer at an outside
corner that would expose the edge of the material is not acceptable.It would be preferable to
carry the material completely around tile residence.
h)Flue pipes are required to be encased with a chimney enclosure.Roof vents and skylights should
be on the rear side of the roof ridge.
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i)Chimneys should be properly located and substantial In mass,Chimneys should be designed with
appropriate breaks for character.
j)Dormers should be designed in keeping with the architectural style,Dormers must be correctly
located on the roof and nol be large or disproportional
MATERIALS
a)Exterior walls may incorporate any of the following:brick,stucco or EIFS,stone,or wood,Bricks
should be earth-tone in color,Brick textures should not have contrived surfaces,
b)Acceptable roofing materiels are slate,tile,cedar shingles,cedar shakes,slandlng steamed
copper,and heavy asphalt shingles,
c)Windows and Doors;wcod,vinyi-clad or aluminum-clad wood;glazing shall be clear or gray tinled
only.NO reflective glass will be accepted.
d)The use of redwood and cedar as siding materials is encouraged.Aluminum,Masonite®or
composition board will be discouraged.Where siding is to be painted,the Committee strongly
encourages the use of products such as Werzalit®Cladding and Hardiplank®Fiber Cement
Siding.Siding must be "Individual lap'units that will not wave or warp and must be "blind nailed:.
e)Concrete or brick paving should be used In the construction of all driveways and parking areas.
All color material selections will be reviewed during final design review.Colors and materials should be
consistent with traditional architectural values.
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Painted Woods Development Co"Joint Venture IDatedthis,_day of ,,2004
By
Its,_
By _
Its _
STATE OF IOWA )
)88
COUNTY OF DALLAS )
On this __day of ,2004,before me,a Notary Public in and for the said
State,personally appeared Patrick J.Ruelle,to me personally known,who being by me duly swom did say
that that person is Manager of said limited liability company,that said instrument was signed on behalf of
the said limited liability company by authorily of its managers and the said Pabick J.Ruelle acknowledged
the execution of said instrument to be the voluntary act and deed of said limited liability company by it
voluntarily executed,
-----.--------..--Notary Public in and for the State of Iowa
My Commission Expires ,_I
STATE OF IOWA )
)S8
COUNTY OF DALLAS )
On this _day of __,2004,before me,a Notary Public in and for the said
State,personally appeared Daniel Stanbrough,to me personally known,who being by me duly swom did
say that that person is Manager of said limited liability company,that said instrument was signed on behalf
of the said limited liabilily company by authority of its managers and the said Patrick J Ruelle
acknowledged 1118 execution of said instrument to be the voluntary act and deed of said limited Iiabilily
company by it voluntarily executed.
--------Notary Public in and for the State of Iowa
My Commission Expires,_
J
14