Whereas, Title 9 of the West Des Moines City Code includes Chapter 9, PUD Planned Unit Development District and establishes certain regulations and guidelines pertaining to accompanying information required on a plat and 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 mix of multi-family residential (townhomes and condominiums) land uses which shall be distributed by area, types and location according to the sketch plan as presented with a maximum of one hundred forty four (144) dwelling units permitted within the PUD.
In addition, the following general site plan criteria shall be integrated into and made a part of the Westin Heights PUD and sketch plan document.
1. All subdivisions, public streets, public street rights-of-way and general development shall adhere to the standards and design criteria set forth in the West Des Moines Subdivision Ordinance and the Des Moines Metropolitan Design Standards as adopted by the City of West Des Moines pertaining thereto unless otherwise stated within this Ordinance.
2. The development shall comply with Chapter 15, Off-Street Parking and Loading Areas, Chapter 3, Section 9, Open Space Requirements, and Chapter 1, Section 2, Site Plans of the West Des Moines City Code, and Chapter 9, Planned Unit Development District, Sections 6 and 8, Final Plan Submittal, the submittal of final plan documents for any parcel, or part of any parcel of the within one year after approval and publication of this Ordinance, shall be considered to satisfy the terms and requirements of Section 9-9-6.
3. In all areas within a 100-year frequency flood hazard zone, or adjoining drainageways or detention areas involving potential flood hazards, no building shall be erected which has a lowest floor, including basements, less than one foot (1') above the determined level of the 100-year frequency flood event, and no building shall be erected within twenty five feet (25') of any major drainageway, storm water detention basin or pond.
4. The developer, 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, the Subdivision Ordinance of the City of West Des Moines, Iowa, or the Des Moines Metropolitan Design Standards as adopted by the City of West Des Moines for all streets, storm sewers, sanitary sewers, drainageway improvements, detention basins, water mains, buffers and other improvements within the PUD.
B. Land Use Design Criteria: In addition to the general conditions as stated in subsection A above, the following land use design criteria shall apply to the development areas designated by parcel on the sketch plan. The sketch plan document which is made a part of this rezoning action per Section 042-02 of this Ordinance, delineates three (3) parcels of the PUD as Parcels 1, 2, and 3 for application of specific standards of land use and development regulations. The following development standards and use regulations shall apply to each of the individual parcels as applicable.
1. Parcel 1: All general use regulations, performance standards and provisions set forth in Title 9, Chapter 5, of the City Code for the R-6 Multi-Family Residential District of the City of West Des Moines, shall apply to any development in Parcel 1. There shall be a maximum of thirty six (36) dwelling units permitted on Parcel 1 as shown on the sketch plan.
a. Development Standards: Whereas, the City Council approved the site plan for the Westin Heights Townhomes at their meeting on July 5, 1994 and building permits have been issued for construction of the project based upon the approved site plan, the development of Parcel 1 shall be in accordance with the approved site plan for Westin Heights townhomes.
Should any portion of the project not be completed as shown on the approved site plan or substantial changes are made from the approved site plan as determined by the Director of Community Development, any further development within Parcel 1 shall be subject to the development standards as stated below for development with in Parcel 2.
2. Parcel 2: All general use regulations, performance standards and provisions set forth in Title 9, Chapter 5, of the City Code for the R-6 Multi-Family Residential District (medium density) of the City of West Des Moines, shall apply to any development in Parcel 2 unless stated otherwise herein. This Parcel shall incorporate a maximum of nine and one-half (9.5) acres and a maximum of sixty (60) dwelling units.
a. Development Standards: Only single-family detached residential structures with attached garages, single-family attached residential structures with attached garages and townhomes shall be permitted within Parcel 2 with no more than six (6) dwelling units side by side in a row on any side of a building. Any single-family detached development within Parcel 2 shall comply with the minimum lot frontage and setback requirements set forth in Title 9, Chapter 5B for R-1 Single-Family Residential District. Any residential building with more than one dwelling unit shall be located no closer than twenty feet (20') from another building unless they comply with building and fire code requirements and no closer than thirty five feet (35') from the boundary of the PUD. No garage opening for vehicles shall be located closer than twenty five feet (25') from any private internal drive from which direct access is from and no garage shall be located closer than twenty feet (20') from an internal drive. No building shall be located closer than twenty five feet (25') from the public street right-of-way.
No building shall exceed two (2) stories or thirty five feet (35') in height. Parking lots and associated drives shall be setback a minimum of twenty feet (20') from public street rights-of-way. A minimum ten foot (10') parking lot and internal drive setback shall be maintained from adjoining properties if said parking lot is not part of a common parking lot jointly used by the adjoining properties with established cross-parking easements. All parking lots and associated drives shall be screened in accordance with the City Code requirements.
A minimum thirty foot (30') buffer park as described in Ordinance 1073, Buffer and Screening, shall be established along the railroad right-of-way immediately to the south of Parcel 2 to effectively buffer and screen the residential uses from the negative impact of the railroad and no residential building shall be located closer than sixty feet (60') from the railroad right-of-way.
b. Architecture: Architectural design for multi-family buildings shall attempt to express a creative presentation of exterior building materials, exterior details and texture, treatment of windows and doors, and use of angles and multiplicity of planes within the wall and roof design to lessen the plainness of appearance which can be characteristic of large residential buildings. The use of brick shall be incorporated into the building architecture on all sides of the structure, unless the City Council of West Des Moines, after review by the Planning and Zoning Commission of West Des Moines shall determine that the use of alternate building materials, enhances the physical appearance and accomplishes a compatible structure with the residential uses in the neighborhood. The roof design of any and all buildings within Parcel 2 shall be pitched or gabled and reflect a residential appearance in nature.
3. Parcel 3: All general use regulations, performance standards and provisions set forth in Title 9, Section 5H of the City Code for the R-6 Multi-Family Residential District of the City of West Des Moines, shall apply to any development in Parcel 3, unless stated otherwise herein. There shall be a maximum of forty eight (48) dwelling units permitted on Parcel 3 as shown on the attached sketch plan.
a. Development Standards: Only single-family detached residential structures with attached garages, single-family attached residential structures with attached garages, townhomes, condominiums and apartments shall be permitted within Parcel 3. Any single-family detached development within Parcel 3 shall comply with the minimum lot frontage and setback requirements set forth in Title 9, Chapter 5B for R-1 Single-Family Residential District.
No residential structure shall be located closer than forty five feet (45') from the right-of-way of Ashworth Road and no other structure shall be located closer than thirty five feet (35') from Ashworth Road with the exception of permitted signage. Any residential building with more than one dwelling unit shall not be located closer than twenty feet (20') from another structure unless they comply with building and fire code requirements. No garage opening for vehicles shall be located closer than twenty five feet (25') from any private internal drive from which direct access is from and no garage shall be located closer than twenty feet (20') from an internal drive. Any building greater than two (2) stories or thirty five feet (35') in height shall be located no closer than one hundred feet (100') from the right-of-way of Ashworth Road and no closer than thirty five feet (35') from any other public street right-of-way and the boundary of Parcel 3.
Parking lots and associated drives shall be setback a minimum of twenty feet (20') from public street rights-of-way. A minimum ten foot (10') parking lot and internal drive setback shall be maintained from adjoining parcels if said parking lot is not part of a common parking lot. Parking areas shall be screened in accordance with the City Code requirements.
b. Architecture: Architectural design for multi-family buildings shall attempt to express a creative presentation of exterior building materials, exterior details and texture, treatment of windows and doors, and use of angles and multiplicity of planes within the wall and roof design to lessen the plainness of appearance which can be characteristic of large residential buildings. The use of brick shall be incorporated into the building architecture on all sides of the structure, unless the City Council of West Des Moines, after review by the Planning and Zoning Commission of West Des Moines shall determine that the use of alternate building materials, enhances the physical appearance and accomplishes a compatible structure with the residential uses in the neighborhood. The roof design of any and all buildings within Parcel 3 shall be pitched or gabled and reflect a residential appearance in nature. (Ord. 1121, 1-30-1995)