Whereas, Section 6 of Ordinance 497 amended Ordinance 430 by creating Article XX(a), PUD 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 sketch plan incorporates a maximum of three hundred eighty eight (388) residential dwelling units which shall be distributed by types and location according to the sketch plan as presented.
In addition, the following general site plan criteria shall be integrated into and made a part of the planned unit development and 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 XXII (Off-Street Parking and Loading Area 3), Article XXIII (Open Space Requirements) and Article XXV (Site Plans) of the West Des Moines Zoning Ordinance, and Article XX(a) (PUD) Sections 6 and 8. No final building or site plan review by the Planning and Zoning Commission and City Council shall be required for individual single-family detached lots.
3. In all areas adjoining drainageways or detention 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 flood event and no residential structure shall be erected within forty feet (40') of said 100-year frequency flood elevation.
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, 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; except as provided for in subsection C of this Section, Reservation of Park Site.
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 026-02 herein, delineates five (5) parcels of the PUD as Parcels A, B, C, D and E for application of specific development standards of residential use and density regulations. The following development standards and use regulations shall apply to each of the five (5) development parcels: (Ord. 786, 3-31-1986)
1. Parcel A: This area shall encompass garden apartment or townhouse style residential buildings developed as condominiums or rental units with apartments designed for four (4) to eighteen (18) dwelling units per building and townhouse buildings which shall be permitted two (2) to eight (8) dwelling units per building. The parcel is approximately seven (7) acres and shall not have greater than ten (10) units per acre for apartments and eight (8) units per acre for townhouses with a maximum of sixty (60) units permitted. In addition to the maximum permitted number of residential dwelling units, a day nursery school or child care center shall be permitted with a maximum capacity of one hundred fifty (150) children. No building shall be greater than two (2) stories in height and the parcel shall be developed as a single project with each building compatible in design and use of materials.
No unit shall be located closer than thirty five feet (35') to any public street, twenty five feet (25') from the east boundary of the parcel, ten feet (10') from the boundary of Parcel B and sixty feet (60') from the right-of-way of the Interstate highway system. Any day nursery school or day care center constructed within this parcel shall adhere to performance standards for day nursery schools and child care centers set forth within the use regulations of the R-2 Multi-Family Residential Zone District. All accessory structures shall meet minimum setback requirements as set forth by Section 6, Article VI of Ordinance 430. Off-street parking lots shall be sufficiently buffeted from public street view, Parcel E and the property to the east of the parcel with the use of landscaping and/or wall structures as may be required by the City. (Ord. 871, 2-20-1989)
2. Parcel B: This area shall encompass apartment style residential buildings developed as condominiums or rental units and designed for twelve (12) to twenty four (24) dwelling units per building. The parcel is approximately fifteen (15) acres and shall not be greater than sixteen (16) units per acre and two hundred forty (240) units. No building shall be greater than three (3) stories and not greater than two (2) stories within fifty feet (50') of the right-of-way of 60th Street and Vista Drive. This parcel shall be developed as a single project with each building compatible in design and use of materials.
No unit shall be located closer than thirty five feet (35') to any public street, ten feet (10') from the boundary with Parcel A and sixty feet (60') from the right-of-way of the Interstate highway system. All accessory structures shall meet minimum setback requirements as set forth by Section 6, Article VI of Ordinance 430. Off-street parking lots shall be sufficiently buffered from public street view and Parcel C and E with the use of landscaping and/or wall structures as may be required by the City.
3. Parcel C: This parcel shall encompass bi-attached single-family dwelling units designed for owner-occupancy. The area shall be developed as a single project with each building compatible in design and use of materials. This area shall involve a maximum of sixteen (16) dwelling units.
No residential unit shall be set closer than thirty feet (30') to the right-of-way of Vista Drive, forty five feet (45') from the right-of-way of Sixtieth Street, fifteen feet (15') from the east boundary of the parcel, thirty five feet (35') from the south boundary of the parcel and no residential building shall be set closer than fifteen feet (15') to another residential building. All accessory structures shall meet minimum setback requirements as set forth by Section 6, Article VI of Ordinance 430. No driveway access shall be permitted to Sixtieth Street and the location and number of driveway approaches onto Vista Drive may be restricted as required by the City.
4. Parcel D: This parcel shall encompass single-family detached homes which shall be located on individual lots with a minimum fifty foot (50') public street frontage and six thousand two hundred fifty (6,250) square feet in lot area. No residential unit shall be set closer than twenty five feet (25') from the internal looped street right-of-way, sixty feet (60') from the right-of-way of Sixtieth Street, and shall have a minimum thirty five foot (35') rear yard and five foot (5') side yard setbacks. Driveway access to Vista Drive and/or Sixtieth Street shall not be permitted.
5. Parcel E: All general use regulations, performance standards and provisions set forth in Article VII of Ordinance 430 for the R-1 Single-Family Residential District shall apply to any development proposal for all property within Parcel E as shown on the sketch plan, provided those dwelling units fronting the looped street west of 58th Street shall be permitted a minimum setback of twenty five feet (25') from the right-of-way of the internal looped street and no dwelling shall be located closer than sixty feet (60') to the right-of-way of Sixtieth Street. Driveway access to Vista Drive and/or Sixtieth Street shall not be permitted.
C. Reservation Of Park Site: Parcel P as shown on the sketch plan is agreed to be reserved for acquisition by the City for public and park use upon development of adjoining properties within the PUD and shall be a minimum of three (3) acres in area with a minimum of forty feet (40') of frontage access to 58th Street as shall be required by the City. The park land shall be conveyed by warranty deed, free and clear of any and all liens and encumbrances including all judgments, attachments, mechanics and other liens.
The value of the land to be purchased by the City for park use shall be established at the time of purchase of said property by the City and shall be based upon the property's current fair market value as undeveloped, plus the cost of providing paved street frontage, sanitary sewer and water service and grading. If possible, the current fair market value shall be determined by mutual agreement between the City Council and developer. If an agreement on the current fair market value cannot be mutually reached by the parties, such value shall be determined by the parties appointing a real estate appraiser with qualifications of a M.A.I. with the cost of the appraisal being equally shared by the City and the developer. Any part of Parcel P which the developer shall utilize for storm water retention purposes as required by the City shall not be included as part of the cost to the City for purchase of the park site. (Ord. 786, 3-31-1986)