ORDINANCE
NO. 14,716
AN
ORDINANCE to amend the Official Zoning Map of the City of Des Moines, Iowa, set
forth in Section 134-277 of the Municipal Code of the City of Des Moines, Iowa,
2000, by rezoning and changing the district classification of certain property
located between East Payton Avenue and East Army Post Road, from Indianola Ave
through the 2900 Block of East Payton Avenue; and between East Payton Avenue
and East Porter Avenue/East Caulder Avenue from the 2700 Block through the 2900
Block, from the R1-80 One-Family Residential District to a Limited C-1
Neighborhood Retail Commercial District, a Limited R-3 Multiple-Family Residential District, and a Limited R1-70
One-Family Low-Density Residential District classification.
Be It Ordained by the
City Council of the City of Des Moines, Iowa:
Section
1. That the Official Zoning Map of the
City of Des Moines, Iowa, set forth in Section 134-277 of the Municipal Code of
the City of Des Moines, Iowa, 2000, be and the same is hereby amended by rezoning
and changing the district classification of the land between East Payton Avenue
and East Army Post Road, from Indianola Ave through the 2900 Block of East
Payton Avenue; and the land between East Payton Avenue and East Porter
Avenue/East Caulder Avenue as more fully described below, from the R1-80
One-Family Residential District to a Limited C-1 Neighborhood Retail
Commercial District, a Limited R-3
Multiple-Family Residential District, and a Limited R1-70 One-Family
Low-Density Residential District classification, as follows:
AREA A From the R1-80
One-Family Residential District to a Limited C-1 Neighborhood Retail
Commercial District (containing approximately 29.34 acres):
THAT PART OF THE SOUTHWEST
1/4 OF THE SOUTHWEST 1/4 OF SECTION 25, TOWNSHIP 78 NORTH, RANGE 24 WEST OF THE
5TH P.M., IN THE CITY OF DES MOINES, POLK COUNTY, IOWA AND DESCRIBED AS
FOLLOWS:
BEGINNING
AT THE SOUTHWEST CORNER OF SAID SECTION 25; THENCE NORTH 0°02'35"
WEST ALONG THE WEST LINE OF SAID SOUTHWEST 1/4 OF THE SOUTHWEST 1/4, A DISTANCE
OF 1321.87 FEET TO THE NORTHWEST CORNER OF SAID SOUTHWEST 1/4 OF THE SOUTHWEST
1/4; THENCE SOUTH 89°33'09"
EAST ALONG THE NORTH LINE OF SAID SOUTHWEST 1/4 OF THE SOUTHWEST 1/4, A
DISTANCE OF 509.74 FEET; THENCE SOUTH 0°02'35"
EAST, 463.02 FEET; THENCE SOUTH 89°33'09"
EAST, 200.01 FEET; THENCE NORTH 0°02'35"
WEST, 463.02 FEET TO A POINT ON SAID NORTH LINE; THENCE SOUTH 89°33'09"
EAST ALONG SAID NORTH LINE, 108.32 FEET; THENCE SOUTH 0°00'03"
EAST, 132.31 FEET; THENCE SOUTHERLY ALONG A CURVE CONCAVE EASTERLY WHOSE RADIUS
IS 500.00 FEET, WHOSE ARC LENGTH IS 353.29 FEET AND WHOSE CHORD BEARS SOUTH 20°14'34"
EAST, 345.99 FEET; THENCE SOUTH 40°29'06"
EAST, 211.92 FEET; THENCE SOUTHEASTERLY ALONG A CURVE CONCAVE SOUTHWESTERLY
WHOSE RADIUS IS 500.00 FEET, WHOSE ARC LENGTH IS 353.34 FEET AND WHOSE CHORD
BEARS SOUTH 20°14'24"
EAST, 346.03 FEET; THENCE SOUTH 0°00'17"
WEST, 379.85 FEET TO A POINT ON THE SOUTH LINE OF SAID SOUTHWEST 1/4 OF THE
SOUTHWEST 1/4; THENCE NORTH 89°39'27"
WEST ALONG SAID SOUTH LINE, 1194.05 FEET TO THE POINT OF BEGINNING AND
CONTAINING 29.45 ACRES.
EXCEPT
THOSE PARCELS CONVEYED TO THE CITY OF DES MOINES IN WARRANTY DEEDS RECORDED IN
BOOK 7611, PAGES 662 AND 666 AND DESCRIBED AS FOLLOWS:
A
PART OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4, SECTION 25, TOWNSHIP 78 NORTH,
RANGE 24 WEST OF THE 5TH P.M., POLK COUNTY, MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCING AS A POINT OF REFERENCE AT THE SOUTHWEST
CORNER OF SECTION 25, TOWNSHIP 78 NORTH, RANGE 24 WEST OF THE 5TH
P.M.; THENCE SOUTH 89°
(DEGREES) 36 (MINUTES) 44 (SECONDS) EAST ALONG THE SOUTH LINE OF SAID SECTION
25, A DISTANCE OF 247.91 FEET; THENCE NORTH 0°0000
EAST, 66.10 FEET; THENCE NORTH 50°2210
WEST, 263.42 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 50°2209 WEST,
15.58 FEET; THENCE NORTH 0°0022
EAST, 302.62 FEET; THENCE SOUTH 89°1349
EAST, 12.00 FEET; THENCE SOUTH 0°0022
WEST, 312.55 FEET TO THE POINT OF BEGINNING, ALL NOW INCLUDED IN AND FORMING A
PART OF THE CITY OF DES MOINES, POLK COUNTY, IOWA AND CONTAINING 3,697 SQUARE
FEET;
AND, PART OF THE SOUTH 1/2 OF THE SOUTHEST
1/4, LESS 5.4 ACRES FOR ROAD (EXCEPT THE EAST 200 FEET OF THE WEST 710 FEET OF
THE NORTH 463 FEET), ALL IN SECTION 25, TOWNSHIP 78 NORTH, RANGE 24 WEST OF THE
5TH P.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AS A
POINT OF REFERENCE AT THE SOUTHWEST CORNER OF SECTION 25, TOWNSHIP 78 NORTH,
RANGE 24 WEST OF THE 5TH P.M.; THENCE SOUTH 89° (DEGREES) 36
(MINUTES) 44 (SECONDS) EAST ALONG THE SOUTH LINE OF SAID SECTION 25, A
DISTANCE OF 247.91 FEET; THENCE NORTH 0°0000
EAST, 66.10 FEET TO THE POINT OF BEGINNING; THENCE NORTH 50°2210 WEST,
23.91 FEET; THENCE SOUTH 89°1256
EAST, 93.63 FEET; THENCE SOUTH 0°4705
WEST, 15.00 FEET; THENCE NORTH 89°1256
WEST, 75.00 FEET TO THE POINT OF BEGINNING, ALL NOW INCLUDED IN AND FORMING A
PART OF THE CITY OF DES MOINES, POLK COUNTY, IOWA AND CONTAINING 1,265 SQUARE
FEET.
AREA B From the R1-80 One-Family Residential District to a Limited C-1
Neighborhood Retail Commercial District (containing approximately 4.25 acres):
THAT
PART OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 AND THAT PART OF THE SOUTHEAST
1/4 OF THE SOUTHWEST 1/4, ALL IN SECTION 25, TOWNSHIP 78 NORTH, RANGE 24 WEST
OF THE 5TH P.M., IN THE CITY OF DES MOINES, POLK COUNTY, IOWA AND DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST
CORNER OF SAID SECTION 5; THENCE SOUTH 89°39'27" EAST ALONG THE
SOUTH LINE OF SAID SOUTHWEST 1/4 OF THE SOUTHWEST 1/4, A DISTANCE OF 1194.05
FEET TO THE POINT OF BEGINNING; THENCE NORTH 0°00'17" EAST, 379.85
FEET; THENCE NORTHERLY ALONG A CURVE CONCAVE WESTERLY WHOSE RADIUS IS 500.00
FEET, WHOSE ARC LENGTH IS 185.00 FEET AND WHOSE CHORD BEARS NORTH 10°35'41" WEST, 183.94 FEET; THENCE NORTH
68°48'21" EAST, 66.83 FEET; THENCE EASTERLY
ALONG A CURVE CONCAVE SOUTHERLY WHOSE RADIUS IS 500.00 FEET, WHOSE ARC LENGTH
IS 184.95 FEET AND WHOSE CHORD BEARS NORTH 79°24'09" EAST, 183.89
FEET; THENCE NORTH 89°5957 EAST, 90.77 FEET;
THENCE SOUTH 0°00'17" WEST, 620.43
FEET TO A POINT ON THE SOUTH LINE OF SAID SOUTHEAST 1/4 OF THE SOUTHWEST 1/4;
THENCE NORTH 89°39' 27" WEST ALONG SAID
SOUTH LINE AND ALONG SAID SOUTH LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4,
A DISTANCE OF 300.01 FEET TO THE POINT OF BEGINNING.
AREA C - From the R1-80 One-Family
Residential District to a Limited R-3 Multiple Family Residential District
(containing approximately 9.48 acres):
THAT
PART OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 AND THAT PART OF THE SOUTHEAST
1/4 OF THE SOUTHWEST 1/4, ALL IN SECTION 25, TOWNSHIP 78 NORTH, RANGE 24 WEST
OF THE 5TH P.M., IN THE CITY OF DES MOINES, POLK COUNTY, IOWA AND DESCRIBED AS
FOLLOWS:
BEGINNING
AT THE NORTHEAST CORNER OF SAID SOUTHWEST 1/4 OF THE SOUTHWEST 1/4; THENCE
SOUTH 89°42'37"
EAST ALONG THE NORTH LINE OF SAID SOUTHEAST 1/4 OF THE SOUTHWEST 1/4, A
DISTANCE OF 178.62 FEET; THENCE SOUTH 0°00'17"
WEST, 699.18 FEET; THENCE SOUTH 89°5957
WEST, 90.77 FEET; THENCE WESTERLY ALONG A CURVE CONCAVE SOUTHERLY WHOSE RADIUS
IS 500.00 FEET, WHOSE ARC LENGTH IS 184.95 FEET AND WHOSE CHORD BEARS SOUTH 79°24'09"
WEST, 183.89 FEET; THENCE SOUTH 68°48'21"
WEST, 66.83 FEET; THENCE NORTHERLY ALONG A CURVE CONCAVE WESTERLY WHOSE RADIUS
IS 500.00 FEET, WHOSE ARC LENGTH IS 168.34 FEET AND WHOSE CHORD BEARS NORTH 30°50'22"
WEST, 167.55 FEET; THENCE NORTH 40°29'06"
WEST, 211.92 FEET; THENCE NORTHWESTERLY ALONG A CURVE CONCAVE NORTHEASTERLY
WHOSE RADIUS IS 500.00 FEET, WHOSE ARC LENGTH IS 353.29 FEET AND WHOSE CHORD
BEARS NORTH 20°14'34"
WEST, 345.99 FEET; THENCE NORTH 0°00'03"
WEST, 132.31 FEET TO A POINT ON THE NORTH LINE OF SAID SOUTHWEST 1/4 OF THE
SOUTHWEST 1/4; THENCE SOUTH 89°33'09"
EAST ALONG SAID NORTH LINE, 498.49 FEET TO THE POINT OF BEGINNING.
AREA D From the R1-80 One-Family Residential District to a Limited
R1-70 One-Family Low-Density Residential District (containing approximately
27.64 acres):
THAT
PART OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 AND THAT PART OF THE SOUTHWEST
1/4 OF THE SOUTHEAST 1/4, ALL IN SECTION 25, TOWNSHIP 78 NORTH, RANGE 24 WEST
OF THE 5TH P.M., IN THE CITY OF DES MOINES, POLK COUNTY, IOWA AND DESCRIBED AS
FOLLOWS:
BEGINNING
AT THE NORTHEAST CORNER OF SAID SOUTHEAST 1/4 OF THE SOUTHWEST 1/4; THENCE
SOUTH 89°44'00"
EAST ALONG THE NORTH LINE OF SAID SOUTHWEST 1/4 OF THE SOUTHEAST 1/4, A
DISTANCE OF 588.74 FEET; THENCE SOUTH 0°00'03"
EAST, 690.63 FEET; THENCE SOUTH 89°5957
WEST, 1732.77 FEET; THENCE NORTH 0°00'17"
EAST, 699.18 FEET TO A POINT ON THE NORTH LINE OF SAID SOUTHEAST 1/4 OF THE
SOUTHWEST 1/4; THENCE SOUTH 89°42'37"
EAST ALONG SAID NORTH LINE, 1143.98 FEET TO THE POINT OF BEGINNING.
AREA E From the R1-80 One-Family Residential District to a Limited R-3
Multiple Family Residential District (containing approximately 24.34 acres):
THAT
PART OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 AND THAT PART OF THE SOUTHWEST
1/4 OF THE SOUTHEAST 1/4, ALL IN SECTION 25, TOWNSHIP 78 NORTH, RANGE 24 WEST
OF THE 5TH P.M., IN THE CITY OF DES MOINES, POLK COUNTY, IOWA AND DESCRIBED AS
FOLLOWS:
BEGINNING
AT THE SOUTH 1/4 CORNER OF SAID SECTION 25; THENCE NORTH 89°39'27"
WEST ALONG THE SOUTH LINE OF SAID SOUTHEAST 1/4 OF THE SOUTHWEST 1/4, A
DISTANCE OF 1140.37 FEET; THENCE NORTH 0°00'17"
EAST, 620.43 FEET; THENCE NORTH 89°59'57"
EAST, 1732.77 FEET; THENCE SOUTH 0°00'03"
EAST, 61.54 FEET; THENCE SOUTHERLY ALONG A CURVE CONCAVE WESTERLY WHOSE RADIUS
IS 800.00 FEET, WHOSE ARC LENGTH IS 237.62 FEET AND WHOSE CHORD BEARS SOUTH 8°30'30"
WEST, 236.75 FEET; THENCE SOUTHERLY ALONG A CURVE CONCAVE EASTERLY WHOSE RADIUS
IS 800.00 FEET, WHOSE ARC LENGTH IS 237.62 FEET AND WHOSE CHORD BEARS SOUTH 8°30'30"
WEST, 236.75 FEET; THENCE SOUTH 0°00'03"
EAST, 100.00 FEET TO A POINT ON THE SOUTH LINE OF SAID SOUTHWEST 1/4 OF THE
SOUTHEAST 1/4; THENCE NORTH 89°43'10"
WEST ALONG SAID SOUTH LINE, 522.43 FEET TO THE POINT OF BEGINNING.
AREA F - From the R1-80 One-Family Residential District to a Limited R-3
Multiple Family Residential District (containing approximately 30.35 acres):
THAT
PART OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 AND THAT PART OF THE SOUTHEAST
1/4 OF THE SOUTHEAST 1/4, ALL IN SECTION 25, TOWNSHIP 78 NORTH, RANGE 24 WEST
OF THE 5TH P.M., IN THE CITY OF DES MOINES, POLK COUNTY, IOWA AND DESCRIBED AS
FOLLOWS:
BEGINNING
AT THE SOUTHEAST CORNER OF SAID SECTION 25; THENCE NORTH 89°43'10"
WEST ALONG THE SOUTH LINE OF SAID SECTION 25, A DISTANCE OF 2113.30 FEET;
THENCE NORTH 0°00'03"
WEST, 100.00 FEET; THENCE NORTHERLY ALONG A CURVE CONCAVE EASTERLY WHOSE RADIUS
IS 800.00 FEET, WHOSE ARC LENGTH IS 237.62 FEET AND WHOSE CHORD BEARS NORTH 8°30'30"
EAST, 236.75 FEET; THENCE NORTHERLY ALONG A CURVE CONCAVE WESTERLY WHOSE RADIUS
IS 800.00 FEET, WHOSE ARC LENGTH IS 237.62 FEET AND WHOSE CHORD BEARS NORTH 8°30'30"
EAST, 236.75 FEET; THENCE NORTH 0°00'03"
WEST, 61.54 FEET; THENCE NORTH 89°59'57"
EAST, 2045.47 FEET TO A POINT ON THE EAST LINE OF SAID SOUTHEAST 1/4 OF THE
SOUTHEAST 1/4; THENCE SOUTH 0°12'05"
WEST ALONG SAID EAST LINE, 640.21 FEET TO THE POINT OF BEGINNING.
AREA G - From the R1-80 One-Family Residential District to a Limited R-3
Multiple Family Residential District (containing approximately 32.23 acres):
THAT
PART OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 AND THAT PART OF THE SOUTHEAST
1/4 OF THE SOUTHEAST 1/4, ALL IN SECTION 25, TOWNSHIP 78 NORTH, RANGE 24 WEST
OF THE 5TH P.M., IN THE CITY OF DES MOINES, POLK COUNTY, IOWA AND DESCRIBED AS
FOLLOWS:
BEGINNING
AT THE NORTHEAST CORNER OF SAID SOUTHEAST 1/4 OF THE SOUTHEAST 1/4; THENCE
SOUTH 0°12'05"
WEST ALONG THE EAST LINE OF SAID SOUTHEAST 1/4, A DISTANCE OF 681.08 FEET;
THENCE SOUTH 89°59'57"
WEST, 2045.47 FEET; THENCE NORTH 0°00'03"
WEST, 690.63 FEET TO A POINT ON THE NORTH LINE OF SAID SOUTHWEST 1/4 OF THE
SOUTHEAST 1/4; THENCE SOUTH 89°44'00"
EAST ALONG SAID NORTH LINE AND ALONG THE NORTH LINE OF SAID SOUTHEAST 1/4 OF
THE SOUTHEAST 1/4, A DISTANCE OF 2047.90 FEET TO THE POINT OF BEGINNING.
AREA H - From the R1-80 One-Family Residential District to a Limited
R1-70 One-Family, Low-Density Residential District (containing approximately
5.83 acres):
LOT 2 OF THE OFFICIAL PLAT
OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 25, TOWNSHIP 78 NORTH,
RANGE 24 WEST OF THE 5TH P.M., IN THE CITY OF DES MOINES, POLK COUNTY, IOWA.
AREA I - From the R1-80 One-Family Residential District to a Limited
R1-70 One-Family Low-Density Residential District (containing approximately
40.60 acres):
LOT 3 OF THE OFFICIAL PLAT
OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 25, AND THE NORTHEAST 1/4
OF THE SOUTHEAST 1/4 OF SECTION 25, ALL IN TOWNSHIP 78 NORTH, RANGE 24 WEST OF
THE 5TH P.M., IN THE CITY OF DES MOINES, POLK COUNTY, IOWA.
Sec.
2. That this ordinance and the zoning
granted by the terms hereof are subject to the following imposed additional
conditions which have been agreed to and accepted by execution of an Acceptance of Rezoning Ordinance by all
owners of said property and are binding upon the owners and their successors,
heirs, and assigns as follows:
A. Any
development of Areas E and F (rezoned to the R-3 District) shall be
limited to a maximum density of 12 units per net acre through the subdivision
and site plan approval processes.
B. Any
development of Area C (rezoned to the R-3 District) shall be limited to a
maximum density of 17 units per acre through the subdivision and site plan
approval processes.
C. Trails
shall be provided as shown on the submitted conceptual development plan and in
accordance with the Easter Lake New Town Plan as part of any subdivision of the
Property.
D. The
Property shall be developed in substantial conformance with the submitted
conceptual development plan.
E. The
extension of SE 29th Court, from its terminus at the north end of
the Property to East Army Post Road, shall be provided through the subdivision
approval process.
F. A
tree survey of all trees over 6 in caliper and a tree protection plan and
shall be submitted as part of any Preliminary Plat for the Property.
G. No trees over 6 in caliper shall be removed from the Property without
the prior written consent of the City Forester until a grading plan is approved
as part of a Preliminary Plat.
H. Each
single-family dwelling unit constructed or placed upon the Property shall
conform with the following minimum standards:
1) Be served by a private garage, either attached or detached.
2) Have a minimum finished floor area, excluding basements, as
follows:
(a) Single-story (ranch) 1,200 square feet.
(b) Two-story 1,400 square feet.
3) The front elevation must contain one of the following:
(a) A front porch of not less than 60 square feet; or
(b) Stone or
brick masonry siding equal to a minimum of 1/3 of the 1st floor fasade.
4) The front
elevation must contain one of the following:
(a) Shutters on
each side of each window: or
(b) Window trim
not less than 4 in width.
(5) The exterior of must be of masonry
(brick or stone) and/or vinyl, cedar, or Hardi-Plank siding. If vinyl siding is selected, it must be
greater than 40 mills thick.
(6) The roof shall be of architectural type
shingles or cedar shakes. Standard
3-tab shingles are prohibited.
I. Any
fencing constructed or placed upon the Property shall conform with the
following minimum standards:
(1) Black vinyl-clad chain link is the only
fencing material permitted.
(2) The maximum height of fencing allowed in
a side or rear yard is five-feet.
(3) Fencing is prohibited within any front
yard and within access easements to detention basins or trails.
(4) If fencing is placed in an easement that
blocks access to the easement area, the City may remove the fence to gain
access. Replacement of the fence is the
responsibility of the homeowner.
(5) Wood privacy screens up to six-feet in
height are permitted when located outside of the required setbacks for a
principal structure, outside of conservation easements and when adjoining
private patios or decks outside the required front yard.
(6) All other fencing or screening is
subject to the review and approval of the Planning Director and/or the Zoning
Board of Adjustment.
J. The builder owner is responsible for
lot maintenance, erosion control and adhering to all EPA and DNR
standards. Erosion
control and drainage plans for the entire development are to be determined
through the subdivision approval process.
K. A
unified landscaping theme for the overall development of Areas A and B
(rezoned to the C-1 District) shall be prepared by the owners of the Property
and approved by the Plan and Zoning Commission prior to approval of any site
plan for the Property. No site plan shall be approved for the Property which
does not conform to the approved unified landscaping theme.
L. A
unified architectural theme for the overall development of Areas A and B
(rezoned to the C-1 District) shall be prepared by the owners of the Property
and approved by the Plan and Zoning Commission prior to approval of any site
plan for the Property. No site plan shall be approved for the Property, which
does not conform to the approved unified architectural theme. The unified
architectural theme shall include a requirement for a predominance of quality
materials such as brick, stone, and/or masonry block.
M. The
Property shall not be divided by a plat of survey without the Citys prior
approval. All subdivision of the
Property shall be subject to review and approval by the City through the
subdivision plat approval process.
N. Any
residential development within Areas A and B (rezoned to the C-1
District) shall conform with the density standards applicable in the R-3
District Multiple Family Residential District.
Sec.
3. This ordinance shall be in full
force and effect from and after its passage and publication as provided by law.
Sec.
4. The City Clerk is hereby authorized
and directed to cause a certified copy of the Acceptance of Rezoning Ordinance,
this ordinance, a vicinity map, and proof of publication of this ordinance, to
be properly filed in the office of the Polk County Recorder.
FORM APPROVED:
Roger K. Brown, Assistant City Attorney
T.M. Franklin Cownie, Mayor
Attest:
I, Diane Rauh, City Clerk of the City of Des Moines, Iowa, hereby certify that the above and foregoing is a true copy of an ordinance (Roll Call No. 07-2065), passed by the City Council of said City at a meeting held October 22, 2007 signed by the Mayor on October 22, 2007 and published as provided by law in the Business Record on November 5, 2007, Authorized by Publication Order No.5876.
Diane Rauh, City Clerk