The following regulations and guidelines shall be complied with before CUP or PUD final site plan approval is granted:
A. Site Information: Sufficient site information shall be submitted in order to evaluate the use characteristics of a final site plan; such evidence shall be included in four (4) map documents of which twelve (12) copies each shall be submitted:
1. A site study exhibit showing:
a. A vicinity map of sufficient scale to easily identify site boundaries and location showing the acreage of the site.
b. A site boundary map showing dimensions and the existing zoning of proposed CUP or PUD area and existing land use and ownership on contiguous properties to the site as well as the site at a scale of one inch equals fifty feet (1" = 50') or one inch equals one hundred feet (1" = 100').
c. Existing and proposed thoroughfares (dashed lines) as illustrated by the comprehensive plan or as indicated by staff.
d. In table form the legal description of the property, applicant's name, requested land use of zoning, and name of project.
2. A site services exhibit showing:
a. The site boundaries and abutting streets, easements, and rights-of-way at a scale of one inch equals fifty feet (1" = 50') or one inch equals one hundred feet (1" = 100').
b. The location and availability of existing and proposed utilities including water lines, storm and sanitary sewer lines, gas lines, power lines and outside lighting, fire hydrants, trash container locations, and drains and culverts including easements and specifications thereof.
c. Walkways, driveways, streets, truck loading areas and all right-of-way easements including right-of-way widths and paving widths.
d. Parking areas including delineation of spaces and enumeration of spaces by cluster.
3. A site landscaping exhibit showing:
a. Existing and proposed topography at two foot (2') intervals.
b. The location of boundaries between public or commonly owned land and privately owned property.
c. The location of manmade features including fences, signs, and monuments and representative sketch elevations of these. If used as buffers, height and materials should be specified. (Private road signs, if applicable, should be located at entries to site.)
d. Existing natural land forms including streams and drainage courses, rock outcroppings, and live trees and significant shrubbery.
e. Common or public recreation areas including buildings, tennis courts, picnic areas, tot lots, etc.
f. Recreational pathways including identification of dimensions and materials.
4. A site plan exhibit including:
a. The site boundaries and abutting streets, easements and rights-of-way at one inch equals fifty feet (1" = 50') or one inch equals one hundred feet (1" = 100').
b. Walkways, driveways, streets, and parking areas.
c. Boundaries between public or commonly-owned land and privately-owned property of different use classifications.
d. The proposed location, height, and type of all buildings with total gross floor area identified for commercial buildings.
e. A proposed phasing of land development, if any.
f. Appearance of exterior building elevations or facades as representative types.
g. A table indicating gross acreage, total number of dwelling units, and density by phase of development independent of nonresidential use areas; for commercial use areas, gross floor area, estimated number of employees, number of establishments per building, parking required by ordinance and parking provided, and open space required by ordinance and open space provided. This table should conform to the following format:
Phase 1 | Phase 2 | Phase 3 |
Phase 1 | Phase 2 | Phase 3 | |
Gross acreage | |||
Dwelling units | |||
Dwelling unit density | |||
GFA commercial buildings | |||
Parking required | |||
Parking | |||
Open space required | |||
Open space | |||
Employees estimated | |||
All exhibits shall include a scale and a north point. Sketches may be submitted on separate exhibits.
B. Evidence: Sufficient evidence shall be submitted to determine the following:
1. The tract of land for a project may be owned, leased or controlled either by a single person, or corporation or by a group of individuals or corporations. The request for community unit plan development or planned unit development zoning must be filed by the owner or jointly by owners of all property included in the project. In case of multiple ownership, the approved plan shall be binding on all owners.
2. Evidence that the developer is capable of successfully completing the proposed project such as a financial commitment from a lending agency.
3. Evidence showing how the owner or owners present or future propose to maintain any common ground included within the development.
4. If the proposed development includes a common land which will not be dedicated to the City, and the proposed development will not be held in single ownership, then proposed articles of incorporation and bylaws of the homeowners' association fully defining the functions, responsibilities and operating procedures of the association must be filed. The proposed articles and bylaws shall include but not be limited to:
a. Automatically extending membership in the association to all owners of dwelling units within the development;
b. Limiting the uses of common property to those permitted by the final development plan;
c. Granting to each owner of a dwelling unit within the development the right to use and enjoyment of the common property;
d. Placing the responsibility for operation and maintenance of the common property in the association;
e. Giving every owner of the dwelling unit voting rights in the association;
f. If the development will combine rental and for sale dwelling units, stating the relationship between the renters and the homeowners' association and the rights renters shall have to the use of the common land.
5. Performance bond or bonds approved by the City in an amount not less than the estimated cost of the bonded improvements, which bond or bonds shall ensure to the City that the dedicated public streets and utilities, including sewers, located therein and other common development facilities in each stage of the development shall be completed by the developer within the time specified on the final development plan. In addition, the developer will provide adequate maintenance bonds, as determined by the City, in the same manner as required for subdivisions in the City.
6. Covenant or covenants to run with the land, in favor of the City and all persons having a possessory interest in any portion of the development premises, that the owner or owners of the land or their successors in interest will maintain all interior streets, parking areas, sidewalks, parks and plantings which have not been dedicated to the City of West Des Moines in compliance with the present and future ordinances and regulations of the City of West Des Moines and the final development plan as approved by the City Council shall be recorded in the office of the Polk County Recorder or in any other government division requiring the same.
7. Deeds or easements running in favor of the general public for any areas proposed for public dedication or easement.
C. Factors For Consideration; Standards: The following criteria shall be used to evaluate the community unit plan development and planned unit development zoning proposals:
1. All dedicated streets, sanitary sewer and storm sewer facilities must comply with the City ordinances and specifications.
2. That the streets to be provided, will assure a traffic circulation pattern which minimizes through traffic, allow for adequate turning and parking and provides ample space for the movement of public and private vehicles for the servicing of the proposed land uses, and the loading and unloading of furniture, without blocking traffic.
3. That there will be a minimum number of conflicts between pedestrian and vehicular traffic.
4. That adequate street and pedestrian pathway lighting will be provided.
5. If turning lanes or other forms of traffic controls are deemed necessary by the City Council, the developer shall provide the necessary improvements subject to the approval of their location and design by the City of West Des Moines.
6. Before final approval of the development plan, the developer must show that the sanitary sewer facilities are of the sufficient capacity to accommodate the development and are accessible to the development. Alternatively, the developer must show he can provide a temporary method of sewage disposal which meets the approval of the City of West Des Moines. The design of the interior sanitary sewer facilities of the development shall be approved by the City Engineer of the City of West Des Moines.
7. That the design of open spaces and housing will assume both east access and privacy and that continuity of open space and recreation areas will be maintained.
8. That the final plans include the planting of adequate trees and shrubs, where not already present.
9. That detailed landscaping and grading will be done to assure adequate drainage.
10. No modification of existing stream channels, filling of lands with a moderate to high susceptibility to flooding, grading or removal of vegetation in the area with moderate to high susceptibility to erosion, or excavation for and construction of site improvements shall begin until the developer has received final site plan approval.
11. During the progress of the work by the developer after approval by the City of the community unit plan development or the planned unit development zoning, the developer shall protect the area within the CUP or PUD from erosion.
12. That no structure will be more than two hundred feet (200') from a street, parking area or other right-of-way on which a fire truck may be operated; in such areas, turning radii shall be adequate to permit fire truck access.
13. That in a single-family residential development adequate deed restrictions are present, running in favor of any one or more of the following:
a. The City;
b. An automatic homeowners' association; or
c. Individual homeowners, for the proper maintenance, care and preservation of the exterior design, all common structures, facilities, utilities access and open spaces by the original and all subsequent owners of property within the development.
14. That in a common land ownership development, the owner or ownership has deeded the recreation space to the City for the City to maintain or has covenanted with the City that it will be maintained, such covenant to be binding on all future ownership.
15. That in all use areas, standards of parking and open space requirements be used which best conform to class of use permitted by other Articles of Ordinance 430 as described in Article XXI, Off-Street Parking and Loading Areas, and Article XXII, Open Space Requirements.
16. That setbacks on all exterior boundaries of the CUP or PUD tract to be developed shall conform to the regular requirements of the district or districts adjoining the tract, or shall provide appropriate screening of the tract from surrounding developments.
17. The City Council may require recommendations as to the desirable revisions to be incorporated in the final site plan required herein and such recommendations shall be considered a condition of approval of the plan.
18. The Council may make the approval of the community unit plan development or planned unit development zoning contingent upon the completion of construction and improvements within a reasonable period of time; provided, however, that in the determination of such period, the City Council shall consider the scope and magnitude of the development and any schedule of construction and improvements submitted by the developer. Failure to complete all construction and improvements within the said period of time shall be deemed sufficient cause for the Council to reject further development of the total CUP or PUD unless an extension is approved by the Council for due cause shown.
19. The City Council may condition the approval of the final site plan upon the developer commencing construction of the development within six (6) months after Council has approved the final plan. Failure to meet this requirement shall be deemed sufficient cause for the Council to reject the developer's plan unless an extension is approved by the City Council for due cause.
20. No building permit for any building or other structure within the development shall be issued until the final development plan is approved by the City Council and filed with the City Clerk.
D. Request For Changes: Any change in the development plan or required homeowners' association bylaws or certain elements of the plan are unfeasible or are in need of sufficient modification, after the Council has approved the plan the developer shall present such changes by resubmitting the same in the same manner as the original development plan except the Council may waive public hearing requiring the same.
E. Other Requirements: The City Council, wherever it deems necessary to adequately protect the public health, safety and general welfare of the community and to ensure good land use planning may impose additional requirements and considerations before approval of the final development plan. (Resolution dated 4-2-1973)