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 site plan or plat documents. Now, therefore, the following conditions, restrictions, and regulations are adopted as part of this approval and shall be enforceable upon the owner and/or developer of the Country Park Planned Unit Development, their heirs, successors, and assigns, to-wit:
A. General Conditions: The sketch plan incorporates a maximum of three hundred thirty eight (338) residential dwelling units and land reserved for inclusion in the Jordan Creek Greenbelt Park.
In addition, the following site plan and plat criteria are integrated into and made a part of this planned unit development and its approval:
1. Subdivision Ordinance Compliance: 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. Site Plan Review: The development shall comply with Article XX(a) (PUD) Sections 6 and 8. Site plan review in accordance with Article XXV of the Zoning Ordinance by the Plan and Zoning Commission and approval by the City Council shall be required for Parcels A and B prior to issuance of building permits.
3. Floodway Fringe Development: 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 level of the 100-year return frequency rainfall flood event.
4. Internal Improvements: The owner and/or developer of the Country Park PUD, their heirs, successors and assigns, 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, utilities to be dedicated to the City, buffers and other improvements within the PUD as may be required by the Subdivision and Zoning Ordinance. Furthermore, the petitioners, their heirs, successors and assigns, with the passage of this Ordinance, agree to pay the entire cost of constructing a north/south collector street and associated utilities between E. P. True Parkway and the existing Delavan Drive as shown on the sketch plan, and agree to pay their proportionate share of any special assessments for the construction of E. P. True Parkway as shown on the Sketch Plan from the right-of-way of Interstate 35 to the west boundary of the PUD.
5. Construction Cost - E. P. True Parkway: The owner and/or developer, their heirs, successors or assigns shall pay all costs for E. P. True Parkway, including, but not limited to, grading, sanitary and storm sewers, water mains, incidental construction and paving up to thirty one feet (31') width and six inches (6") depth reinforced Portland cement concrete paving for that portion of E. P. True Parkway located wholly within the boundaries of the planned unit development as shown, on file with the Community Development Department. The City may participate in the cost of paving in excess of those widths and depths as cited within this paragraph.
6. Paving - Delavan Drive: The owner and/or developer, their heirs, successors or assigns whose property is all or part of this planned unit development and shall derive a benefit from the paving of Delavan Drive, agree to pay their proportionate share of the cost for any special assessment for the paving of Delavan Drive in accordance with any benefit received as determined through any special assessment project proceedings for the paving of Delavan Drive.
7. Implementation Subject To Extension Of Public Improvements: At the time of approval of this rezoning, the subject property does not have direct access to public water facilities and paved streets. Precedent to the implementation of the PUD is the provision of public improvements. In conjunction with or prior to development within any parcel of the PUD, public water and sanitary sewer service shall be brought to the site and extended through the area being developed to adjoining undeveloped properties to the south in a manner acceptable to the City and properly designed with sizes and materials compatible with the City's plans for area wide water and sanitary sewer service.
Prior to development within the PUD, E. P. True Parkway shall be paved from the east right-of-way of Interstate 35 to the west boundary of the planned unit development, and prior to, or in conjunction with any development in Parcels A and B, and prior to issuance of occupancy permits within Parcels A and B, the major north/south collector street as shown on the sketch plan shall be paved to serve the area being developed and extended through the area being developed to areas to the south adjoining the developed site to provide paved street access to the south as required by the City.
8. All Areas To Be Platted: Prior to development within any portion of the PUD, the area to be developed shall first be platted in accordance with the City's Subdivision Ordinance.
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 to the development areas designated on the sketch plan. The sketch plan document which is made a part of this rezoning action per section 022-02 herein, delineates three (3) parcels of the PUD as parcels A, B and P for application of the specific development standards and use regulations. The following development standards and use regulations shall apply to each of the three (3) development parcels. (Ord. 852, 6-20-1988)
1. Parcel A: This area shall encompass apartment style residential buildings developed as condominiums or rental units and designed for a maximum of forty eight (48) dwelling units per building, or townhouse style attached dwelling units for rental or owner-occupancy designed for no greater than eight (8) dwelling units per building. This parcel shall not have greater than three hundred thirty two (332) dwelling units and no buildings shall be greater than three (3) stories in height. This parcel shall be developed in accordance with a master plan for the entire parcel and with the architectural design of buildings and use of building materials acceptable to the city. The parcel may be subdivided into smaller sites for individual development projects provided each building within a specific project site shall be compatible in design and use of materials.
No residential building shall be located closer than thirty feet (30') to any public street, twenty five feet (25') from any adjoining site boundary, and one hundred feet (100') from the right-of-way of Interstate 35, provided no apartment style residential building greater than two (2) stories shall be located closer than fifty feet (50') to any public street. All accessory structures including garages shall meet minimum setback requirements as set forth by section 6, article VI, of the zoning ordinance 430, provided no accessory structures shall be located within thirty feet (30') of any public right-of- way, five feet (5') from any adjoining site boundary, and ten feet (10') from the right-of-way of Interstate 35. All off-street parking lots shall have a minimum fifteen foot (15') setback from public streets and buffered from public view, as practical, including any adjoining residential areas and public streets with the use of landscaping, earth berming and/or wall structures as may be required by the city. Principal structures with nine (9) or fewer dwelling units may be located within ten feet (10') of each other, subject to any applicable building and fire codes. (Ord. 1422, 10-2-2000)
2. Parcel B: This parcel shall encompass bi-attached single- family dwelling units designed for owner-occupancy. The area shall be developed and site planned as a single project with the architectural design acceptable to the city and each building compatible in design and use of materials. This area shall involve a maximum of six (6) dwelling units.
No residential unit shall be set closer than thirty feet (30') to a public street right-of-way, ten feet (10') to another residential building, thirty five feet (35') to the west boundary of the parcel, and fifteen feet (15') to the boundary of any designated floodway easement or the north boundary of the parcel. All accessory structures shall meet minimum setback requirements as set forth by section 6, article VI of ordinance 430. The location and number of driveway approaches onto adjoining collector streets may be restricted as required by the city.
3. Parcel P: The owner and/or developer shall reserve for dedication to the city that ground designated as parcel P for inclusion within the Jordan Creek greenbelt for active park and open space use without cost to the city of West Des Moines. Said area shall be platted and dedicated to the city free of any liens, encumbrances and assessments with the platting of E. P. True Parkway adjoining the parcel's south boundary. Furthermore, for the dedication of parcel P to be included within the Jordan Creek greenbelt, the city agrees to waive the developer's share of the mandatory fee payment for acquisition and/or development of park system of one hundred dollars ($100.00) per acre, required by section 6-6.12 of the city subdivision ordinance adopted by ordinance 777.
C. Building Restrictions, Easements And Covenants: Where the city deems appropriate, the owner and/or developer shall on each particular area, adopt building restrictions, easements and/or covenants in a form approved by the city.
D. Soil Test Requirements: If required, owner and/or 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. If determined by the soils engineering firm that adequate soils conditions do not exist, the owner and/or developer shall indicate what measures shall be taken to achieve adequate soil strength and stability for both public and private improvements.
E. Sanitary Sewer Connection Impact Fees Or Assessments: The city of West Des Moines is currently developing plans for the construction of a wastewater treatment plant or expansion of metropolitan waste water treatment facilities to serve portions of the city and areas anticipated for future expansion of the corporate city limits. To finance costs for construction and expansion of waste water treatment, conveyance and other associated infrastructure improvements, sanitary sewer connection impact fees or assessments may be required by the city. Therefore, the owner, their heirs, successors or assigns, agree to participate in any future citywide or service area connection fee payment, district assessment or fee payments as legally permitted to offset the city's cost for financing expansion of the city's waste water conveyance and treatment facilities and agrees to waive all legal formalities of whatever kind and character required by the laws of the state of Iowa to be observed by municipalities in the construction of like improvements where expenses of said improvements are to be assessed against a project, district or area. All questions of jurisdiction, the amount of the assessment, and all other legal requirements are waived in favor of the city of West Des Moines. Nothing herein contained shall prohibit the owners, their heirs, successors and assigns from receiving any credit for special sewer assessments levied and heretofore paid prior to the enactment of this ordinance on all or any part of the property legally described in section 022-01, including voluntary participation and payment of six thousand dollars ($6,000.00) as part of a privately implemented project in 1978 providing for the extension of a trunk sanitary sewer facility across Interstate 35. (Ord. 852, 6-20-1988)