Whereas, Section 6, Ordinance 497 amended Ordinance 430 by creating Article XX(a), PUD District, establishes certain regulations and guidelines pertaining to accompanying information required on final site plan or final plat documents. Now, therefore, the following conditions, restrictions, and regulations are adopted as part of this approval, to wit:
A. General Conditions: The sketch plan incorporates maximum of one hundred eighty (180) residential dwelling units and three (3) acres of land reserved for commercial retail development which shall be distributed by use, building types and location according to the sketch plan as presented:
1. Any required subdivision of the land and general development shall adhere to the standards and design criteria set forth in the West Des Moines Subdivision Ordinance pertaining thereto unless otherwise stated within this Ordinance.
2. The development shall comply with Article XX(a) (PUD) Sections 6 and 8. Site plan review by the Planning and Zoning Commission and approval by the City Council shall be required for each parcel prior to issuance of building permits.
3. In all areas adjoining drainageways or detention areas involving potential flood hazards, no structure shall be erected which has a lowest floor, including basements, less than one foot (1') above the determined level of the 100-year return frequency rainfall flood event.
4. The petitioners seeking this rezoning, their successors and assigns, if any, shall pay all construction and engineering costs for the interior development of the planned unit development, as required by this Ordinance, or the Subdivision Ordinance of the City of West Des Moines, Iowa, for all streets, storm sewers, parking lots, sanitary sewers, drainageway improvements, detention basins, City-owned utilities, buffers and other improvements within the PUD as may be required by the Subdivision and Zoning Ordinances.
B. Land Use Criteria: In addition to the general conditions as stated in subsection A above, the following land use design criteria shall apply to the development areas designated on the sketch plan. The sketch plan document which is made a part of this rezoning action per Section 016-02 herein, delineates two (2) parcels of the PUD as Parcels 1 and 2, for application of specific development standards of residential and commercial use and density regulations. The following development standards and use regulations shall apply to each of the two (2) development parcels:
1. Parcel 1: All general use regulations, performance standards and provisions set forth in Article XIV of Ordinance 430 for the C-1-A Business-Commercial Plaza District shall apply to any development proposal for the property within Parcel 1 as shown on the sketch plan except as shall be further provided herein. This area shall involve a maximum of three (3.0) acres.
Multiple use of the site by more than one building shall be permitted only if said buildings are consistent in architectural design and use of materials and organized and sited in close physical proximity, utilizing a centrally planned open space, landscape plan, and parking plan to serve and maintain a unified master plan concept; multiple buildings separated by parking areas or drives shall not be considered acceptable. All uses specifically permitted within the C-1-A Business-Commercial Plaza District shall be allowed except bowling alleys, landscape-garden plant stores, travel trailer parks, and full service gasoline stations; however, retail convenience stores which provide retail sales of gasoline and other fuels for automobile use shall be permitted. Lot area, lot frontage and yard requirements shall comply with standards of the C-1-A District, provided the front yard depth shall be a minimum of fifty feet (50'), and the setback from Parcel 2 may be a minimum of twenty five feet (25') if sufficient measures are taken for proper transition and buffering of negative aspects of the rear of the commercial buildings from the residential apartment use.
Architecture and use of materials for the construction of any building within Parcel 1 shall be accomplished in a manner compatible with the residential uses within the PUD and neighborhood. The architectural design shall be acceptable to the City, residential in character, use of material shall be wood and/or brick exterior veneer, and the roof shall be principally of a gable or hip style design. Off-street parking lots shall be sufficiently set back from public streets and buffered from public street view and as practical from adjoining residential areas with the use of landscaping, earth berming and/or wall structures as may be required by the City. (Ord. 821, 5-11-1987)
2. Parcel 2: This area shall encompass apartment style residential buildings developed as condominiums or rental units and designed for a maximum of thirty (30) dwelling units per building in accordance with the approved sketch plan. The parcel is approximately sixteen (16) acres and shall not have greater than one hundred eighty (180) dwelling units. No building shall be greater than three (3) stories. No building shall be greater than two (2) stories in height within one hundred feet (100') of the south boundary of Parcel 2, within two hundred feet (200') of the west boundary of Parcel 2, and within one hundred feet (100') from the right of way of E. P. True Parkway. The maximum number of units and number of stories for each apartment building shall be in accordance with the approved sketch plan for the PUD on file with the Community Development Department and made a part of this rezoning proposal. This parcel shall be developed as a single project with architectural design acceptable to the City and each building compatible in design and use of materials.
No apartment building shall be located closer than fifty feet (50') to any public street, twenty five feet (25') from the boundary with Parcel 1, and sixty feet (60') from the west and seventy feet (70') from the south boundaries of Parcel 2, and apartment buildings with over sixteen (16) dwelling units per building shall not be set back closer than one hundred feet (100') from the west and south boundaries of Parcel 2. All accessory structures shall meet minimum setback requirements as set forth by Section 6, Article VI of Ordinance 430, provided no accessory structure shall be located within fifty feet (50') of any public right of way, sixty feet (60') from the west and south boundaries of Parcel 2 and five feet (5') from the boundary with Parcel 1. No building shall be located within ten feet (10') of the drainage easement along the west boundary of Parcel 2. Off-street parking lots shall be sufficiently buffered from public street view and as practical from adjoining residential areas to the west and south with the use of landscaping, earth berming and/or wall structures as may be required by the City. (Ord. 897, 1-8-1990)