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N. Warren Town and County News
Norwalk, Iowa
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August 1, 2013     N. Warren Town and County News
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Page Six N/Warren Town and County News Thursday, August 1, 2013 OFFICIAL PUBLICATION ORDINANCE NO. 1__-11 AN ORDINANCETO ADOPTTHE MASTER PLAN AND ESTABLISH ADDITIONAL RULES, REGULATIONS AND GUIDEUNES FOR THE DEVELOPMENT OFTHE ORCHARD VIEW PLANNED UNIT DEVELOPMENT BE IT ENACTED BYTHE CITY COUNCIL OFTHE CITY OF NORWALK, IOWA: SECTION 1. PURPOSE. The purpose of this ordinance is to amend the Official Zoning Map of the City of Norwalk, Iowa, under the provisions of Title 17 (Zoning Regulations), Chapter 17.04 (General Provisions), Section 17.04.060 (Zoning District Boundaries and Official Zoning Map) of the Norwalk Municipal Code, and to adopt amaster plan pursuant to Chapter 17.10 (Zoning DistriCt Regulations), Section 17.10.170 (PUD, Planned Unit Development), Subsection 17.10.170.3 (Master Plan). SECTION 2. OFFICIAL ZONING MAP AMENDED. The official zoning map of the City'of Norwalk, Iowa is amended from PUD - Planned Unit Development, to PUD - Planned Unit Development: Legal Description THE NE OF THE SE OF SECTION 14, TOWNSHIP 77 NORTH, RANGE 25 WEST OF THE 5 TM RM.; EXCEPT THOSE PORTIONS PLATTED AS ORCHARD HILLS PLAT 1, ORCHARD HILLS PLAT 3, ORCHARD HILLS PLAT 4, ORCHARD TRAIL PLAT 1, AND EXCEPT PARCEL 'F' RECORDED IN IRREGULAR PLAT BOOK 12, PAGE 6 OF 77- 25, CITY OF NORWALK, WARREN COUNTY, IOWA. AND THE SE OF THE SE OF SECTION 14, TOWNSHIP 77 NORTH, RANGE 25 WEST OF THE 5 TM P.M.; EXCEPT THOSE PORTIONS PLATTED AS ORCHARD TRAIL PLAT 1 AND EXCEPT ORCHARD PARK. AND THE SW OF THE SW OF SECTION 13, TOWNSHIP 77 NORTH, RANGE 25 WEST OF THE 5 TM P.M.; EXCEPT THOSE PORTIONS PLATTED AS ORCHARD TRAIL PLAT 1, ORCHARD TRAIL PLAT 2, ORCHARD HILLS PLAT 2, ORCHARD HILLS PLAT 4, ORCHARD PARK AND EXCEPT ORCHARD RIDGE PLAT 6 SAID PROPERTY CONTAINS 38.3786 ACRES MORE OR LESS. SECTION 3. PUD ANDMASTER PLAN ADOPTION. Attached hereto and made a part of this ordinance for delineation is the Master Plan document for "Omhard View" Planned Unit Development, marked Exhibit =A." The Master Plan is adopted to establish rules, regulations, and development guidelines for land use, and performance standards pursuant to Subsection 17.10.170.4 of the Municipal Code of the City of Norwalk, Iowa, for the development of the Orchard View Planned Unit Development (PUD). Individual parcels within the PUD may be developed independent of other parcels, provided minimum requirements are met, unless modified herein, and the development of the parcel allows for the property development of adjoining parcels. It is recognized, shifts or modifications to the Master Plan layout may be necessary and compatible with the need to acquire workable street patterns, grades and usable building sites, but the Master Plan layout, including the relationship of uses to each other and the relationship of land use to the general plan framework, and development requirements shall be used as the implementation guide. All modifications shall be made pursuant to Subsection 17.10.170.7 of the Municipal Code of the City of Norwalk, Iowa. The =Omhard View" Planned Unit Development is more particularly described as: Legal Description THE NE OF THE SE OF SECTION 14, TOWNSHIP 77 NORTH, RANGE 25 WEST OF THE 5 TM P.M.; EXCEPT THOSE PORTIONS PLATTED AS ORCHARD HILLS PLAT 1, ORCHARD HILLS PLAT 3, ORCHARD HILLS PLAT 4, ORCHARD TRAIL PLAT 1, AND EXCEPT PARCEL'F' RECORDED IN IRREGULAR PLAT BOOK 12, PAGE 6 OF 77- 25, CITY OF NORWALK, WARREN COUNTY, IOWA. AND THE SE OF SECTION 14, TOWNSHIP 77 NORTH, RANGE 25 WEST OF THE 5 TM PM; EXCEPTTHOSE PORTIONS PLATED AS ORCHARD TRAIL PLAT 1 AND EXCEPT ORCHARD PARK. AND THE SW OF THE SW OF SECTION 13, TOWNSHIP 77 NORTH, RANGE 25 WEST QF THE 5 TM P.M.; EXCEPT THOSE PORTIONS PLATTED AS ORCHARD TRAIL PLAT 1, ORCHARD TRAIL PLAT 2, ORCHARD HILLS PLAT 2, ORCHARD HILLS PLAT 4, ORCHARD PARK AND EXCEPT ORCHARD RIDGE PLAT 6 SAID PROPERTY CONTAINS 38.3786 ACRES MORE OR LESS. SECTION 4. GENERAL CONDITIONS. The following general site development criteda shall be integrated into and made a pert of the development criteria for the Orchard View Planned Unit Development (PUD). 1. Upon City Council approval of a preliminary plat on any property within the Orchard View PUD, the Developer shall have a Council approved =Development Plan" for all remaining,undeveloped property within the Orchard View PUD. The approved =Development Plan" will be recorded at the time of Final Plat approval by City Council. The approved ,Develop- merit Plan" will address: a. Public improvements to be made within the entire area. b. Park and open space dedication. c. Sequencing of future development phases. 2. All subdivisions, public streets, public street rights-of-way and general development shall adhere to the standards and design criteda set forth in the Norwalk Subdivision Ordinance and the Statewide Urban Design Specificat!ons (SUDAS) as adopted or as amended by the City of Norwalk, pertaining thereto, unless otherwise stated within this Ordinance. 3. Any regulation, standard, provision or requirement that is not specifically addressed within this document that is regulated elsewhere in the Municipal Cede of Norwalk, iowa, the requirements of the Municipal Code shall be enforced. 4.Throughout the PUD, the compatibility of certain project features will be maintained so that the different parcels and densities will all relate to each other and create a sense of a common overall community. Those features will include architectural character and unifying treatment of i'oadways and curbs, signage, landscaping, lighting and pedestrian facUl- ties. 5. Or-street parking may be allowed on streets as permitted by the City for Convenience toadjoining property owners and for community use. Provisions for on-street parking will be reviewed by the City as development occurs. All off-street parking shall be in accordance with Chapter 17.40, Off-street Parking and Loading, of the Zoning Ordinance. 6.The densities contemplated for the various parcels are allowed to be transferred within the development. Transitioning and buffering of land uses and densities shall be addressed as part of any request to permit the transfer of allowed densities between parcels. Any transfer of density shall require only staff approval unless the density for the entire PUD increases or there is a change of land use which shall then require an amendment to this Ordinance and the Master Plan for the PUD, pursuant to Subsection 17.10.170.7 of the Municipal Code. 7. No building or structure shall be erected within twenty-five (25) feet of any major drainage way, stormwater detention basin, or pond areas subject to flooding. 8. The integration of the bicycle and pedestrian path system with other destinations in and around the PUD will be encouraged. The locations of pedestrian cross walks will be planned to provide access from the planned residential areas outside the PUD the residential areas within the PUD. Pedestrian orientation between activities, housing and employment shall be encouraged. Bikeways shall have minimum width of eight (8) feet within the PUD. The detailed location of the paths shall be determined at the time of plat and site plan review. 9. All subdivisions and streets will adhere to the standards and design criteria set forth in the Norwalk Subdivision Ordinance and the Statewide Urban Design Specifications (SUDAS), as adopted or amended by the City of Norwalk unless noted otherwise in this Ordinance. All street right-of-way and paving widths shall adhere to the standards recommended by the City's Comprehensive Plan for specific street classifications, which shall be determined at the time of platting based on the street's function and projected traffic volumes on the street. Cul-de-sacs shall be strongly discouraged. 10. A landscape element shall be developed in coordination with the Master Plan identifying proposed open spaces and any environmentally sensitive areas that should be protected and preserved as part of the uniqueness of the area. A street tree planting plan shall also be prepared and implemented with a variety of trees asthe PUD is developed. Open spaces shall be designed into the development to provide the identification and the utilization of drainage ways and utility corridors as open spaces and pedestrian access corridors. 11. Detailed lighting plan for both city street lights and any supplemental "theme" lighting shall be submitted to the City and installed at the time of site plan and plat approval. 12. Architectural standards for multiple family residential structures shall be in accordance with Section 17.60 of Title 17, of the Municipal Code of the City of Norwalk. 13. Park Land dedication requirements pertaining to the PUD shall t)e satisfied by the transfer of Parcel 1 to the City of Norwalk. 14. Upon approval of any preliminary plat on any property within the Orchard View PUD, the park ground identified within the Master Plan shall be given to the City. i PHOTO PRINTING IS A FULL COMMERCIAL PRINTER LOCATED IN CARLISLE, IOWA. If you have a flyer, letterhead, envelope, brochure, magazine, newsletter, book, etc., that you would like to have printed, give us a call for a Free Estimate. Photo Printing, Inc. s. ,515-989-3251 Carlisle, Iowa 50047 SECTION 5. LAND USE DESIGN CRITERIA. In addition to the General Conditions set forth within Section 4 herein, the following land use design criteda shall apply to each development area designated by parcel on the Master Plan. The Master Plan document, which is made a pert of this Ordinance per Section 3 of this ordinance, delineates two (2) parcels of the PUD, each denoted with a specific parcel number. The parcels hereinafter referred to as "Parcels", are identified for application of specific standards for land use and pedestrian walkway.s/bikeways, and the greenbelts. Each parcel will be designed, submitted, and then evaluated by the Planning and Zoning Commission and City Council to bring a continuity of the total PUD in design charactedstics, separation and transition of land uses, and flow of traffic and pedestrians to nearby commercial centers and the neighborhood park#. The Land Use and Density Schedule and Bulk Regulations for these parcels shall be as follows: LAND USE AND DENSITY SCHEDULE Parcel # Land Use/Zoning Density Area/Acres # Units Density DU/Acr e Parcel 1 4.09 Parcel 2 Neighborhood Park/Open Space SFR R-1(60) 4 DU/Acre 28 acres No greater than 112 Parcel 3 Medium Density Multi 8 DU/Acre No greater than 10 No greater than 80 Family Residential acres M/L BULK REGULATIONS 4 8 Parcel # Lot Area Lot Width Yard Height Minimum Sq. Ft. Feet Front Yard Side Yard Rear Yard Feet Parcel 1 NA Parcel 2 7,500 SF 60' 30' 12' total (min 5' 35' 35' R-1 (60) one side) Parcel 3 One-Family 8,125 SF 60' 30' 7' 35' 35' Two-Family !2,500 100' 30' 10' 35' 35' Townhouses & * * * Other Uses Townhouses - a townhouse, wherein the owner of the dwelling unit owns the lot beneath the dwelling unit, shall be permitted in Parcel 3 provided the lot for one dwelling has a minimum area of six thousand two hundred fifty (6,250) square feet, minimum width of fifty (50) feet and minimum side yard setback of zero (0) feet at the side lot line where the dwellings are attached. Public street frontage shall not be required for townhouse lots which are part of a complex which does not require a public street as pert of the City's transportation network and is master planned with a private common roadway serving the townhouse lots and maintained by an association of townhouse homeowners. A pdvate, common roadway serving a complex of townhouse dwellings shall not be greater than 660 feet in length for a cul-de-sac and 1,320 feet for a through street, which shall be intended to serve only dwellings within the complex. Individual townhouse lots shall not have minimum se'back, lot width and area requirements, provided the tract of land encompassing the townhouse lots and common areas has public street frontage; a minimum width of one hundred (100) feet; a minimum area of forty thousand (40,000) square feet; maximum density of five (8) dwelling units per acre, minimum separation of fifteen (15) feet between residential buildings; minimum separation of twenty-five (25) feet between a residential building and common pdvate roadways; and a minimum building setback of thirty (30) feet from all boundaries of the complex, including public streets. The development of a townhouse complex shall require the approval of a site plan in accordance with the provisions of Chapter 17.80, Site Plans, and approval of Homeowners Association documents by the City which establishes provisions for maintenance of common areas. SPECIFIC INFORMATION NOT IN TABLES 1. PARCEL 1. This Park Parcel shall be dedicated to the City via a warranty deed in accordance with the Transfer Agreement at the time that the PUD is approved, and shall satisfy all Parkland Dedication or Contribution requirements. The developer shall dedicate the property to the City in its existing condition. 2. PARCEL 3. This Parcel may be no greater than 10 acres M/L. Proposed multi-family structures along all the pedmeters shall be no taller than two (2) stories. A 30' landscape buffer shall be provided in addition to the required setback on any portion bordering single family residential zoning. In addition, the development of this parcel may only include owner occupied units. SECTION 6. PLA'I'FING REQUIREMENTS. The splitting of any lot within a Parcel ofhe PUD shall require the submittal of a subdivision plat for review and approval by the City of Norwalk prior to, or in conjunction with development of that portion of the PUD. Said parcel shall be platted in accordance with the City's Subdivision Ordinance and the Statewide Urban Design Specifications (SUDAS) as adopted and amended by the City of Norwalk to delineate within a Plat the lot to be developed or sold separately or any portion thereof. Should the planning and platting of the property create common or community wide usage of a private straet, drive, parking lot, utility or common area, a property owner's association docu- ment, easement or similar instrument, shall be submitted to the City for review. Said document shall address on going usage, maintenance and upkeep of the shared drives, parking lots, utilities or common areas, and recorded at the Cou.nty Recorders Offic, e.: SECTION 7. STORM WATER MANAGEMENT. There shall be submitted to, and approved by the City of Norwalk, a complete storm water management plan for each Parcel of the PUD to be prepared by the Developer prior to development within a Parcel, except for Parcel 1. SECTION 8. STREET RIGHT-OF-WAY. Adequate street right-of-way shall be provided for the construction, recon- struction and widening of adjoining streets adjacent to, or within the PUD. Said right-of-way shall be dedicated to the City at the time of platting consistent with Norwalk's current Ordinances and Policies. SECTION 9 BUILDING RESTRICTIONS. EASEMENTS AND COVENANT. Where the City deems appropriate, the landowner shall on each subdivision, adopt building restrictions, easements and/or covenants in a form approved by the City, and consistent with Norwalk's current Ordinances and Policies. SECTION 10. SOILTEST REQUIREMENTS. If required, the developer shall be responsible for supplying to the City, information prepared by a qualified soils engineering firm, indicating that existing soil conditions are adequate in stability and strength for construction of public and private improvements within Parcels 2 and 3. If determined by the soils engineering firm that adequate soil conditions do not exist, the developer shall indicate what measures shall be taken to achieve adequate soil strength and stability for both public and private improvements. SECTION 11. STREET NAMES. All street names shall be determined at the time of platting. Street names stated in this ordinance are in reference to street names noted on the Master Plan. SECTION 12. DEFINITION. The term =Developer" for the purpose of the Ordinance, shall mean any person, individual; firm, partnership, association, corporation, estate, trust, entity, or agent or same acting or proposing to subdivide land, develop, or plat a parcel of land within the PUD for the construction of a building or buildings. SECTION 13. VIOLATIONS AND PENALTIES. Any person who violates the provision of this Ordinance upon conviction shall be punished as set forth in the Municipal Code of the City of Norwalk, Iowa. SECTION 14. OTHER REMEDIES. In addition to the provisions set out in Violation and Penalties Section herein, the City may proceed in law or equity against any person, firm or corporation for violation of any section or subsection of this Ordinance. SECTION 15. REPEALER.  All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION 16. SEVERABILITY CLAUSE. In 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. SECTION 17. EFFECTIVE DATE, This Ordinance shall be in full force and effect after its passage, approval and publica- tion as provided by law. Passed and approved by the City Council of the City of Norwalk, 10wa on the 18th day of July, 2013. Doug Pierce, Mayor ATTEST: Jeff Rosien, City Clerk PREPARED BY: Mike Johnson, Director of Planning & Building Used Cars Sales & Service since To service our customers even better, we have a Brand New State-of-the-Art HUNTER ALIGNMENT SY.STEM All work is guaranteed by a 12 months/12,000 Mtles Warranty NAPA Auto Center Auto Repair Towing Complete Engine Sl:)eci,it 981-0649 Intake Speck:!i ., ":,"et Drive ASE Certified tv,-:....  ,o:,,aik