Whereas Section 6 of Ordinance 497, amending Ordinance 430 by creating Article XXa, 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 a part of this approval, to wit:
A. The Fairmeadows Creek Parkway shall be dedicated to the City without cost to the City and the developer shall accomplish the following prior to dedication:
1. Define the creek slope, and the velocity, water surface profile and cross sections for the 100-year return frequency flood, from existing Fairmeadows Park on the north to Grand Avenue southerly. The owner shall use standard engineering practices and field surveys to supplement information to be supplied by the City Engineer. The City Engineer shall supply available data in his files with regard to discharge quantities, field elevations, profiles and such additional information as the Department may possess.
2. Provide engineering plans to West Des Moines specifications and construct such improvements as shall be required to bring the channel to a nonerodable slope and velocity. Nonerodable slope is defined as 0.6%. Nonerodable velocity is defined as 6-7'/second. This may be achieved with gabion drop structures, street crossing structures, etc. No bank rip-rapping shall be required. The City of West Des Moines shall, in conjunction with this work, investigate outlets of drainage structures in Fairmeadows Park and do work as necessary to achieve similar performance as to energy dissipation, slope and velocity from these structures and across the existing Fairmeadows Parkway drainage area.
3. Remove all fallen trees, debris, existing culverts and other similar obstructions along said creek, exclusive of landscaping to be preserved.
4. Plan all building elevations such that all openings in and to adjoining structures shall remain at a level above the 100-year return frequency flood occurrence as determined by applicable state, federal or local law.
5. Seed the floodway area before dedication for those areas disturbed by construction or cleaning.
B. As a part of the approval process, any development which shall occur on planning areas no. 3, 4, and 5 shall be submitted through the site plan review process, and approved by the city council and planning and zoning commission in accord with article XXV of ordinance 430 as amended. All commercial and multi-family developments shall comply with article XII and XXIII of ordinance 430 as amended.
C. Before development shall commence on the patio and zero lot line units of planning area no. 2, a master plan and unit concept shall be submitted to, and approved by the planning and zoning commission and city council. Said unit design concept shall incorporate the following:
1. Exterior construction materials.
2. Elevations of exteriors of unit(s).
3. Unit floor plan concept(s).
D. West Des Moines subdivision engineering design standards shall apply to all sections and areas of the development plan, including outlet storm sewers to Jordan and Fairmeadows Creeks and all work to be accomplished by the developer shall be in accordance to the plans and specifications submitted and approved by the city.
E. The developer shall pay all construction and engineering costs for all interior development, including all streets, storm sewers, sanitary sewers, creek improvements, creek crossing structures, city owned utilities and other improvements within the planned unit development, but excluding shared costs of relocated Delavan Drive including creek crossing structure and railroad crossing all in accordance with the specifications, ordinances, and adopted resolutions of the city of West Des Moines.
The city of West Des Moines, upon favorable majority vote of the city council, may, in its discretion, participate within the limits of the law, to share a proportionate cost of the relocated Delavan Drive and other improvements but such cost, if any, shall be only those costs in excess of the cost that can be legally assessed.
The cost of constructing and improving a new intersection of 19th Street, Grand Avenue, relocated Delavan Drive, and Railroad Avenue to be borne by the city of West Des Moines, which construction and improvements will correspond with the construction and relocation of Delavan Drive within the developed area. (Ord. 632, 2-19-1979)
F. The land use plan and concept, in addition to the generalized geographical boundaries established by the revised sketch plan proposal, shall incorporate the following:
1. Single-Family Detached Parcel - Area #1:
a. This area shall involve approximately sixty (60) acres with a maximum of two hundred fourteen (214) housing units on lots of R-1 character with a minimum sixty foot (60') frontage except as set out in subsections F2 and F3 of this section.
b. Lots bordering the Giles Street properties northerly, shall match frontages along that street. Lots bordering the Ashawa subdivision westerly shall have a minimum seventy feet (70') of frontage.
c. Lots backing to the public park identified on the PUD sketch as area #6 and discussed below as area #6 shall be permitted to have rear yard setbacks of twenty feet (20').
d. The street pattern linking 29th Street and Locust to Maple on the south, shall be designated internally in such a manner as to discourage direct through traffic, and shall be designed utilizing sound engineering practices for street grades.
e. Within this parcel (area #1) shall be a small neighborhood park (play area) in the far southwest corner. Said parcel of approximately two (2) acres, shall be graded, seeded and dedicated without cost to the city by the developer concurrent with the development of the adjoining lots.
f. All corner lots in this area shall be designed with an additional twenty feet (20') in width. (Ord. 1871, 6-14-2010)
2. Single-Family Patio And Zero Lot Line - Area #2:
a. This area shall contain a maximum of one hundred fifty five (155) housing units either detached or bi-attached, all of which shall be designed for individual occupant, ownership. (Ord. 823, 5-11-1987)
b. The northern tier of lots bordering the Fairmeadows Subdivision area shall be designed for detached units with a minimum of fifty feet (50') in width, one hundred twenty five feet (125') in depth, and a minimum thirty foot (30') rear yard setback. Front yard setbacks for patio homes shall be a minimum of twenty five feet (25'). All corner lots shall incorporate an additional fifteen feet (15') of width and maintain minimum front yard setbacks on the corner of twenty feet (20') along one street and twenty five feet (25') of setback along the other street.
c. Within this area, the developer shall provide an addition to Fairmeadows Park, said addition being approximately one and three-fourths (1.75) acres, and attached to the boundary of the park as shown on the final site plan drawing. This park ground shall be graded, seeded and dedicated without fee to the city at the same time as the first adjoining plat is developed.
d. All patio homes other than those bordering the Fairmeadows Subdivision shall have a minimum forty foot (40') frontage for detached units, and seventy feet (70') of frontage for attached units. All side yard setbacks shall be five feet (5') per side unless a greater setback be required by the building code. Setbacks shall be measured by criteria set forth in the current or hereafter amended West Des Moines building code. (Ord. 632, 2-19-1979)
3. Townhouse Development - Area #3:
a. This area shall encompass single-family detached or townhouse units, designed for occupant ownership, and with the total number of units not to exceed one hundred thirty seven (137).
b. To the extent possible and practical, all internal streets within this area shall be public streets.
c. No townhouse unit shall set closer than twenty five feet (25') to Maple, thirty five feet (35') to E.P. True Parkway, or thirty five feet (35') to the railroad right of way. All other setbacks shall be determined at the time of final site plan approval.
d. All single-family detached units shall have a minimum of forty five feet (45') of frontage, an area of five thousand six hundred (5,600) square feet, twenty five foot (25') front yard setback, thirty foot (30') rear yard setback, thirty five foot (35') setback from the railroad right of way, five foot (5') side yard setback for each side unless a greater setback is required by the building code, and all corner lots shall incorporate an additional twenty feet (20') in width.
e. The construction of dwellings within that area west of 30th Street shall address possible adverse drainage and groundwater conditions, as shall be verified by a qualified soils engineering firm prior to platting or development of the area.
f. The developer shall be responsible for, and shall plan the far western corner of this parcel as a natural landscape buffer area if townhouses are constructed within the area adjoining Ashawa Estates plat 6, and such landscape buffer plan and development shall be subject to the approval of the city of West Des Moines.
g. If the land southerly of this parcel is maintained as a light industrial use, at the time of final site plan or plat approval, the developer and city shall agree upon the appropriate buffer concept for this area.
h. Access to Maple Street shall be as limited as possible, and restricted for all corner lots with frontages on Maple Street and alternative locations for access to side streets.
i. A master development plan shall be required for all of area 3 and shall be approved by the city of West Des Moines and adequately provide for orderly development and interrelationship of single-family detached and townhouse type residential land uses. (Ord. 812, 1-19-1987)
4. Townhouse Development - Planning Area #4:
a. This area shall incorporate a maximum of seventy eight (78) townhouse style housing units, excluding an approximate four and eight-tenths (4.8) acre commercial piece on the south end of this planning area. There shall be proper planning and adequate land reserved near the north boundary to assure that the land immediately north of this property can be properly developed and served with public utilities. (Ord. 735, 6-18-1984)
b. No unit shall be located closer than thirty feet (30') to Nineteenth Street, or twenty five feet (25') to any internal street where a unit derives access. All other setbacks shall be mutually determined at the time of site plan approval.
c. Where possible, and to the greatest extent practical, all internal streets shall be designed and dedicated for general public purposes.
d. No unit shall be located any closer than thirty feet (30') to the commercial portion of this planning area, the rear ten feet (10') of which setback shall be utilized as a solid landscaped buffer in conjunction with a buffer space of at least fifteen feet (15') which shall be allocated as part of the commercial development. (Ord. 632, 2-19-1979)
5. Commercial/Multi-Family Area - Planning Area #5:
a. This area shall be designed as a mixed use development incorporating commercial uses and a maximum of one hundred eighty one (181) multi-family residential units. (Ord. 746, 12-31-1984)
b. To the extent possible, existing farm buildings are encouraged to be utilized to form the core theme for the development. (Ord. 632, 2-19-1979)
c. All buildings, except existing farm buildings to be preserved, garages and accessory structures which may have a minimum front yard setback of thirty feet (30') shall utilize C-1 setbacks, and may incorporate C-1 uses, C-1-A uses, and the following C-2 category usages:
Animal hospital, or veterinary clinic provided all functions are enclosed and at least two hundred feet (200') from any residential neighborhood.
Clothes dry cleaning establishment, not to exceed one thousand two hundred (1,200) gross square feet.
Pet shops. (Ord. 746, 12-31-1984)
d. As a part of the plan, all large conifers bordering the railroad southerly, shall to the extent possible, be preserved as a part of the concept.
e. As required by state, federal or local law, any multi- family or commercial building constructed shall have a first floor elevation above the level of the 100-year flood for parcel no. 6 adjoining.
6. Park Ground - Planning Area #6:
a. All park parcels lying north of relocated Delavan Drive as shown on the final site plan shall be dedicated concurrent with the developments adjoining or connected with the area to be developed.
b. That portion of the park ground south of relocated Delavan Drive shall be dedicated to the city at the time of paving of the relocated street. (Ord. 632, 2-19-1979)