Whereas, section 6 of ordinance 497, amended ordinance 430, by creating article XX(a), PUD planned unit development district, establishes certain regulations and guidelines pertaining to accompanying information required on 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 golf course, single-family residential, multi-family residential, and office/retail land uses which shall be distributed by area, types and location according to the sketch plan and this ordinance.
In addition, the following general development criteria shall be integrated into and made a part of this planned unit development and sketch plan approval.
1. All subdivisions, public or private streets, public or private 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/or established city policies pertaining thereto, unless otherwise stated within this ordinance.
2. Unless otherwise specified herein, the development of the Glen Oaks PUD 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. For the purposes of the application of article XX(a), planned unit development district, section 6, final plan submittal, the submittal of final plan documents for any parcel, or part of any parcel of the Glen Oaks PUD within one year after approval and publication of this ordinance, shall be considered to satisfy the terms and requirements of section 6.
3. In all areas within a 100-year frequency flood hazard zone, or adjoining drainageways, and detention ponding 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 easement or property boundary of a major drainageway, storm water detention basin or pond.
4. The developer, their successors and/or assigns, if any, shall pay all planning, engineering, and construction costs for the interior development of the planned unit development, as required by this ordinance and the subdivision ordinance of the city of West Des Moines, Iowa, for all streets, storm sewers, sanitary sewers, drainageway improvements, detention basins, water mains, buffers and other improvements within the parcels illustrated and established within the Glen Oaks PUD as may be required by the subdivision ordinance, zoning ordinance or this ordinance.
B. Land Use Design Criteria: In addition to the general conditions as stated in subsection A of this section, 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 030-02 of this ordinance, delineates eighteen (18) parcels of the PUD 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. Parcels A, A-1, B, C, C-1, D, E, And H: All general use regulations and provisions set forth in title 9, chapter 5 of the city code for the R-1-A single-family residential district of the city of West Des Moines, shall apply to any development in parcels A, A-1, B, C, C-1, D, E and H. Additional restrictions and conditions may apply to specific parcels outlined in this Section and are noted elsewhere herein.
2. Parcels E-1, F, G And E-2: All general use regulations, performance standards and provisions set forth in Title 9, Chapter 5G for the R-5 Multi-Family Residential District (Medium Density) of the City of West Des Moines, shall apply to any development in Parcels E-1, F, G and E-2. Additional restrictions and conditions may apply to specific parcels outlined in this Section and are noted elsewhere herein. Any development of Parcel F and G shall be limited to a maximum of four (4) dwelling units per building. (Ord. 1156, 10-9-1995)
3. Parcel I: All general use regulations, performance standards and provisions set forth in Article XII-A of Ordinance 430 for the R-5 Residential District (Medium Density) of the City of West Des Moines, shall apply to any development in Parcel I.
a. Development Standards: A minimum sixty foot (60') buffer park easement shall be required along the Mills Civic Parkway frontage of Parcel I and along the western boundary of Parcel I with no structures, parking areas, or internal drives permitted within said buffer park easement with a maximum of two (2) access drives permitted from Mills Civic Parkway to Parcel I. The building setback may be measured from the Mills Civic Parkway right-of-way with any building exceeding two (2) stories in height requiring a minimum setback of one hundred feet (100') from the Mills Civic Parkway right-of-way. Prior to development within any part of Parcel I, a buffer plan shall be reviewed and approved by the City which illustrates that use of berms and tree plantings to effectively buffer the residential uses within Parcel I from Mills Civic Parkway and projected uses north of Mills Civic Parkway.
4. Parcel J: All general use regulations, performance standards and provisions set forth in Article XI of Ordinance 430 for the R-3 Multi-Family Residential District (Medium Density) of the City of West Des Moines, shall apply to any development in Parcel J with the exception of the height limit of ten (10) stories and the additional setback requirements. Parcel J may be developed with buildings not to exceed fifteen (15) stories or one hundred ninety feet (190') in height with no additional setbacks required. Parcel J shall be limited to a maximum twelve (12) acres in size. No office use(s) shall be permitted within Parcel J.
a. Development Standards: No parking lot, internal drive, garage, residential building or structure of any kind shall be located closer than sixty feet (60') from the right-of-way of the future Mills Civic Parkway. All structures over two (2) stories in height shall be setback a minimum one hundred feet (100') from said rights-of-way. Prior to development within any part of Parcel J, a buffer plan shall be reviewed and approved by the City which illustrates that use of berms and tree plantings to effectively buffer the residential uses within Parcel J from Mills Civic Parkway and projected uses north of Mills Civic Parkway.
No structures other than entrance features and fences shall be allowed in that portion of Parcel J located to the north and east of the internal street, known as Glen Oaks Drive. This portion of ground may be included in the density calculations for Parcel J but shall not be included as part of the open space requirements for any development on Parcel J.
b. Architecture Requirements: The architecture of multiple-family buildings within Parcel J shall be acceptable to the City and accomplished in a manner compatible with the adjoining residential uses in the neighborhood. 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. (Ord. 1063, 10-11-1993)
5. Parcel L: All general use regulations, performance standards and provisions set forth in City Code for the Support Commercial (SC) District shall apply to any development proposal for the property within Parcel L as shown on the PUD sketch plan, except as shall be further provided herein.
a. Permitted Uses: Permitted uses within Parcel L shall include: All uses permitted within the Support Commercial (SC) District, except travel trailer parks, landscape garden plant stores, any and all outside display areas and all auto-related sales and service facilities shall each be prohibited.
b. Development Standards: Lot area, lot frontage and yard requirements shall comply with standards of the SC District. Multiple use of a lot shall comply with SC District standards with multiple buildings on a site of minimum lot area being consistent in architectural design and use of materials and organized utilizing a compatible planned open space, landscape plan, and parking plan to serve and maintain a unified master plan concept. Parking lots, internal drives, buildings and/or structures of any kind shall be set back a minimum of sixty feet (60') from the future Grand Avenue right-of-way. A minimum ten foot (10') parking lot and internal drive setback shall be maintained from adjoining properties and internal streets and adjacent roadways unless said parking lot is part of a common parking lot jointly used by adjoining properties. Parking lots shall be sufficiently screened from public street view and surrounding properties with the use of landscaping, earth berming, and/or wall structures as may be required by the City. No direct access shall be permitted to Grand Avenue from Parcel L.
c. Architecture: The architectural design of any building shall be acceptable to the City, provided acceptance shall not be unreasonably withheld, and all buildings within the parcel shall have as a primary element of the exterior being fascia glass, face brick, stone, architectural metal or composite panels acceptable to the City. All composite panel or metal cladding must have concealed fasteners and fully finished edges. All sides of any building built within Parcel L consistent in design and use of materials. No wood, masonite, visible asphaltic exterior wall or roof material, aluminum siding, non-architectural sheet metal, concrete block, or other similar materials shall constitute a portion of any building exterior, except as a trim material, unless the City Council of West Des Moines, after review by the Plan and Zoning Commission of West Des Moines shall determine said material, when used as a primary element, enhances the physical appearance.
6. Parcel M: All general use regulations, performance standards, and provisions set forth in City Code, Title 9, Zoning, for the Residential Medium Density (RM-8) zoning district shall apply to any development within Parcel M as shown on the PUD sketch plan, except as shall be further provided herein.
a. Permitted Uses: The parcel shall only be developed with a maximum of thirty-five (35) attached townhome dwellings. No other use otherwise allowed within the Medium Density zoning district shall be allowed.
b. Development Standards:
(1) Building Setbacks:
(a) Minimum setback from I-35 Interstate right-of-way shall be 35 feet for a building up to four (4) stories. An additional 10 feet of setback shall be provided for each story over four.
(b) Minimum setback from Mills Civic Parkway shall be 100 feet.
(c) Minimum Setback from the west property line shall be zero (0) feet.
(d) Building setbacks within footprint lot shall follow City Code unless noted below.
i. No minimum rear yard setback shall be required; however, no part of the dwelling structure, including roof overhangs, or mechanical equipment or window wells for a dwelling may extend outside of the footprint lot boundary. A building shall not be setback more than ten (10) feet from the footprint lot boundary as measured to the building foundation.
ii. The front boundary line of the footprint lot may be located at the private access drive edge. The front plane of the building shall be setback a minimum of seven (7) feet; however, to accommodate the exterior parking of a vehicle between the vehicle access drive and the garage, the opening to a garage shall be setback a minimum of twenty-five (25) feet from the edge of the vehicle drive or pedestrian sidewalk if incorporated.
iii. The exterior wall of end units shall be setback a minimum of seven (7) feet and maximum of ten (10) feet from the footprint lot boundary as measured to the building foundation. A minimum of fourteen feet (14') shall be provided between building elements of opposing end units, or protective construction in accordance with building codes shall be utilized.
(2) Landscaping: Existing vegetation may be counted toward meeting buffer or open space requirements, provided that the vegetation meets the type of material required, the material is located within the respective buffer area or open space, and that the material is documented on the site plan. Said existing trees and shrubs may be credited towards provision of the buffer or open space plantings when an ISA (International Society of Arboriculture) certified arborist provides documentation confirming that the tree is high quality, a desired variety, not on the City's prohibited tree list or of an Ash variety and in a thriving condition. Any mature, quality trees to be retained on the site shall be protected during construction.
Existing vegetation shall be kept as much as possible. Removal of trees outside of the footprint lots area and vehicle access drives within the property owned by the developer of the townhomes will be permitted for diseased, dead, damaged, or of a species not commonly recognized as being desirable. For every two thousand (2,000) square feet of tree canopy removed, as measured on an aerial photograph after July 1, 2018, at least one (1) evergreen a minimum of six feet (6') tall or over-story species tree at least two inches (2") in caliper, shall be planted within Parcel M to mitigate the loss of canopy. Any existing trees kept with the intent to fulfill minimum vegetation requirements that die during site development or up to within one year after issuance of the last final occupancy permit, shall be replaced with the minimum plant size required per the type of tree as stated in city code.
(a) Open Space: A minimum of twenty-five percent (25%) of Parcel M shall be provided as open space, unencumbered by buildings or pavement. Landscape vegetation shall be provided in accordance with city code.
(b) Buffers:
i. Along Mills Civic Parkway: A minimum 60-foot wide buffer with landscaping shall be installed which complies with the landscape requirements stated in City Code for a 60-foot buffer. A minimum 3' high earthen berm shall be implemented in those areas in which existing vegetation is not preserved.
ii. Along Interstate 35 On-Ramp: A minimum 30-foot wide buffer with landscaping shall be installed which complies with the landscape requirements of the City Code for a 30-foot buffer. A six foot (6') opaque fence is required on the public side of this buffer.
iii. Along Glen Oaks Drive: The Glen Oaks Owners Association controls the first approximately 35' immediately adjacent to the roadway. Unless otherwise approved in writing by the Association, this area shall be preserved as is except for that area necessary for the access drive to the townhomes. Any vegetation disturbed because of the development of the townhomes shall be replaced. The Glen Oaks Owners Association shall determine replacement requirements. Documentation of the Owners Association allowance to disturb the area and the replacement requirements shall be provided to the city prior to approval of the townhome site plan with replacements noted on the associated site plan and installation of replacements required prior to issuance of an occupancy permit for any of the last 15 dwellings constructed.
iv. While the intended dwelling structures should provide sound mitigation of the interstate and Mills Civic Parkway noise, in addition to the minimum vegetation required of buffers, vegetation, preferably of an evergreen variety shall be installed in the gaps between the dwelling structure buildings. Said evergreens shall be a minimum height of six feet (6') if balled & burlap or container, or a minimum height of four feet (4') if grown in a root bag. Proof that the plants are root bag grown will be required.
v. If existing vegetation preserved is not sufficient to mitigate views of mechanical or any other negative site element, additional trees and shrubs shall be implemented to achieve mitigation of views.
(c) Architecture: The architecture of buildings within Parcel M shall be acceptable to the City and accomplished in a manner compatible with the adjoining residential uses in the neighborhood through the use of building materials and colors, and design details. Architectural design for the 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.
Side or end walls of buildings visible from any roadway within the Glen Oaks development, Mills Civic Parkway or I-35 ramp shall be enhanced through changes in materials, colors, or pattern and textures or the placement of additional landscape material, projected to grow to a height generally equal to the height of the wall of the building.
7. Golf Course Parcel 1: A golf course club house and associated facilities including a pool house, tennis club house, and maintenance building shall be permitted within Golf Course Parcel 1 with a restaurant and retail use within a pro shop allowed interior to said club house facility. A maximum of six (6) accessory residential dwelling units may be permitted within Golf Course Parcel 1 located within, or in close proximity, to the golf course club house. Said residential units are to be utilized by club members and guests only.
8. Golf Course Parcels 2 And 3: Only golf course elements shall be permitted within Golf Course Parcel 2 with no buildings permitted. Golf Course Parcel 3 shall permit a golf driving range and associated elements, a maintenance facility and associated storage areas, and two (2) above ground fuel tanks not to exceed five hundred (500) gallons each. (Ord. 1007, 5-26-1992; amd. Ord. 1043, 1-4-1993; Ord. 1063, 10-11-1993; Ord. 1156, 10-9-1995; Ord. 2451, 11-16-2020; Ord. 2453, 11-16-2020; Ord. 2555, 1-17-2023)