Whereas, Section 6 of Ordinance 497 amended Ordinance 430 by creating Article XX(a), PUD Planned Unit Development District, requires the establishment of certain regulations and guidelines pertaining to accompanying information required on a final site plan and final site plan documents for development within the planned unit development. 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 sixty (60) residential dwelling units on approximately eighty (80) acres which shall be distributed by area, density, 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, 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 pertaining thereto unless otherwise stated within this Ordinance.
2. The development shall comply with Article XXII (Off-Street Parking and Loading Areas), 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 except within Parcel B for development of detached cluster homes.
3. In all areas involving potential flood hazards, no 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 flood event.
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.
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 on the sketch plan. The sketch plan document which is made a part of this rezoning action per Section 007-02 herein, delineates four (4) parcels of the PUD as Parcels A, B, C and D for application of specific development standards for development, use and density regulations. The following development standards and use regulations shall apply to each of the four (4) development parcels.
1. Parcel A: The owner and/or developer shall reserve for dedication to the City that ground designated as Parcel A for inclusion within the Jordan Creek Greenbelt for public 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 development of adjoining Parcels B and C. Furthermore, for the dedication of Parcel A 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.
2. Parcel B: Single-family detached dwelling units shall be permitted within Parcel B which shall be approximately eleven (11) acres with a maximum of twenty (20) dwelling units. Dwelling units shall have a minimum two thousand (2,000) square feet of living area with attached garages for a minimum of two (2) vehicles. Dwelling units shall be set back a minimum thirty five feet (35') from any public street right-of-way, twenty five feet (25') from any common private roadway, thirty feet (30') from any boundary of Parcel B (except public street rights-of-way), twenty feet (20') from the one hundred foot (100') wide Iowa Power and Light easement which crosses the parcel and buildings shall be separated by a minimum of twenty feet (20'). Development of this parcel shall be based upon a single master plan or site plan with buildings located in a manner compatible with the setback requirements set forth herein. All woodlands and areas of extreme topography within said parcel shall be preserved as possible as part of the development of a master plan or site plan for this parcel.
3. Parcel C: All general use regulations, performance standards and provisions set forth Residential Estate (RE-1) zoning district shall apply to any development proposal for all property within Parcel C as shown on the sketch plan of the Parkhaven PUD. Dwelling units shall be set back a minimum twenty feet (20') from the one hundred foot (100') wide Iowa Power and Light Easement which crosses the parcel. Direct driveway access to Fuller Road shall be prohibited.
4. Parcel D: All general use regulations, performance standards and provisions set forth in Article VIII of Ordinance 430 (Zoning Ordinance) for the R-1-A Single-Family Residential District shall apply to any development proposal for all property within Parcel D as shown on the sketch plan of the Parkhaven Planned Unit Development, except as further provided herein. A maximum of twenty three (23) single-family residential lots shall be permitted within Parcel D.
a. Dwelling units shall be set back a minimum twenty feet (20') from the one hundred foot (100') wide Iowa Power and Light easement which crosses the parcel. Detached garages shall be prohibited within Parcel D. Lots which have frontage on and permitted driveway access to the South 35th Street extension north from Fuller Road shall have driveways designed to provide forward egress from the lots to South 35th Street with the utilization of a hammerhead or circle turnaround incorporated into the driveway design with only one driveway approach per lot permitted. Any corner lot with frontages on South 35th Street and an intersecting side street (not including Fuller Road) shall have their driveway approach on the side street.
b. Lots abutting Fuller Road shall be a minimum thirty thousand (30,000) square feet in area with direct driveway access to Fuller Road prohibited. Corner lots with frontage on Fuller Road shall have a minimum setback of fifty feet (50') from Fuller Road, and double-frontage lots with frontage on Fuller Road shall have a sixty foot (60') landscape buffer setback from Fuller Road. All double-frontage lots shall be developed in accordance with Section 6-6.04, subsection 5, paragraph B of the West Des Moines Subdivision Ordinance with a complete buffer plan submitted to and approved by the City as part of the platting review of said double-frontage lots. Parcel D minimum living space requirements for each dwelling unit shall be as follows: Lots 1-7; a) ranch style - one thousand five hundred (1,500) square feet minimum total; b) one and one-half story - one thousand eight hundred (1,800) square feet minimum total (1,000 minimum on main floor); c) two-story - two thousand (2,000) square feet minimum total (1,000 minimum on main floor) and d) split models - two thousand (2,000) square feet minimum total (1,000 minimum on main floor). Lots 8-12 and 17-21: a) ranch one thousand five hundred (1,500) square feet minimum total; 1) one and-one half story - two thousand (2,000) square feet minimum total (1,250 minimum on main floor); c) two-story - two thousand (2,000) square feet minimum total (1,250 minimum on main floor; and d) split models - two thousand (2,000) square feet minimum total (1,500 minimum on main floor). Lots 13-16: a) ranch style - one thousand eight hundred (1,800) square feet minimum total; b) one and one-half story - two thousand one hundred (2,100) square feet minimum total (1,250 minimum on main floor); c) two-story - two thousand five hundred (2,500) square feet minimum total (1,250 minimum on main floor); and d) split models - two thousand five hundred (2,500) square feet minimum total (1,500 minimum on main floor). (Ord. 919, 5-29-1990; amd. Ord. 2536, 9-6-2022)