Whereas, Section 6 of Ordinance 497 amended Ordinance 430 by creating Article XX(a). PUD (Planned Unit Development) District establishes certain regulations and guidelines pertaining to accompanying information required on a final site plan and final site plan documents. Now, therefore, the following conditions, restrictions, and regulations are adopted as part of this approval, to wit:
A. General Conditions: The revised sketch plan incorporates a maximum of one hundred forty (140) residential dwelling units which shall be distributed by types and location according to the plan.
In addition, the following general site plan criteria are integrated into and made a part of the revised sketch plan document:
1. All subdivisions, streets, street rights-of-way 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 XXV (Site Plans) of the West Des Moines Zoning Ordinance, and Article XX(a) (PUD), Sections 6 and 8.
3. With the Phase 2 development proposal of West Park PUD or prior thereto, there shall be submitted to and approved by the City of West Des Moines a storm water management plan for the entire PUD. The drainage system plan shall be such that the storm water management for the entire site as it relates to the Phase 2 development and subsequent phase proposals shall be shown in such detail as necessary to satisfy the City. The plan shall be guided by and adhere to the West Des Moines Subdivision Ordinance and the Western Hills Creek Drainage Study as same pertains to storm water management with provisions made for the conveyance of the 100-year return frequency rainfall event, including provision of twelve (12) acre feet of temporary detention storage. No use shall be permitted in a drainage easement other than open space.
4. In all areas involving potential flood hazards no residential 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 event.
5. The developer of West Park PUD, 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 the Subdivision Ordinance of the City of West Des Moines, Iowa, for all streets, storm sewers, sanitary sewers, creek improvements, storm water detention basins, creek crossing structures, City-owned utilities, buffers, and other improvements within the PUD as may be required by this Ordinance and/or the Subdivision and Zoning Ordinances.
B. Land Use Design Criteria: In addition to the General Criteria as stated in subsection A above, the following land use design criteria shall apply:
1. The Phase 2 and subsequent phases of development within West Park PUD shall comply with open space and parking requirements set forth in Article XXII and XXIII of the West Des Moines Zoning Ordinance. (Ord. 681, 9-8-1981)
2. No unit shall be located closer than thirty five feet (35') to the right-of-way of Ashworth Road, Woodland Avenue and 50th Street. No attached townhouse style unit shall be closer than twenty feet (20') and no detached single-family unit shall be closer than twenty five feet (25') to the right-of-way of any internal residential streets. No units shall be located closer than thirty feet (30') to the east boundary of the West Park PUD or twenty five feet (25') for townhouses and thirty feet (30') for single-family detached homes from any drainage easement boundary. All townhouse style units except those attached by a common wall shall have a minimum separation of ten feet (10'). Lots platted for individual detached single-family units shall be a minimum of nine thousand five hundred (9,500) square feet in area, minimum seventy five foot (75') frontage and conform to R-1 Single-Family Residential Zone District standards for side yard requirements. (Ord. 816, 2-16-1987)
3. The maximum density of one hundred forty (140) units for West Park PUD is the maximum permitted and does not represent an assurance of the total number of units to be developed. Actual densities shall be based upon the site plan approach pursuant to Article XXV (Site Plans) of the West Des Moines Zoning Ordinance which shall incorporate all provisions of individual unit design, open space, parking, drainage, landscaping, and such additional factors as shall lead to sound planning and development scheme which integrates a particular segment into an overall neighborhood plan. (Ord. 681, 9-8-1981)
C. Home Owners Association, Building Restrictions, Covenants And Easements: With the first development proposal for the rezoned property as acted upon herein and legally described in Section 018-01 hereof, if developed as a townhouse or condominium property ownership regime, proper action shall be taken to incorporate said property into the West Park Ltd. Owners Protective Association and all building restrictions, covenants and other associated conditions attached to the West Park PUD should be made to also apply to said property. Additionally, the developer shall with the approval of the City Council adopt easements and necessary maintenance agreements so as to protect public drainageways and utility lines where the developer and City deem appropriate. (Ord. 816, 2-16-1987)
D. Sidewalk Installation And Protection: Made a part of this action, the petitioner agrees to install sidewalks along Ashworth Road, Woodland Avenue and 50th Street in addition to all internal streets as required by the City. Where public sidewalks adjoin areas of permanent ponding the developer shall be responsible for the provision of fencing, railings, walls or other appropriate measures as required by the City to protect the public. (Ord. 681, 9-8-1981)
E. Double-Frontaged Units: Wherein the revised sketch plan shows lots and units with rears facing public streets, proper measures shall be taken to sufficiently screen the rear of the buildings from public view. As part of the first site development proposal for each phase wherein the rear of buildings front public streets, a screen plan shall be submitted to and approved by the City with final responsibility for provision of the same resting with the developer regardless of any pass through agreement. It is preferred that said screens be incorporated through utilization of sufficient landscape plantings and bermings with predominate plantings of evergreen type shrubs and trees so as to assure year-round effectiveness; density and height of plantings or architectural barriers if used, shall be such as to provide sufficient screening. (Ord. 816, 2-16-1987)