Whereas, title 9, chapter 9, PUD Planned Unit Development District, of the City Code, 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 community commercial and manufactured housing (medium density) 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 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. Any regulation, standard, provision or requirement that is not specifically addressed within this document that is regulated elsewhere in the City Code of West Des Moines, the requirements of the City Code shall still be enforced.
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 or floodproofed to the same elevation in accordance with the West Des Moines floodplain ordinance, and no building shall be erected within twenty five feet (25') of any major drainage, stormwater 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, in accordance with the current City policies at the time of development, as required by this ordinance, the subdivision ordinance of the City of West Des Moines, and the Des Moines metropolitan design standards as adopted by the City of West Des Moines, for all streets, storm sewers, sanitary sewers, drainage improvements, detention basins, water mains, buffers and other improvements within the PUD as may be required. (Ord. 1277, 11-17-1997)
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 identifies four (4) parcels of the PUD as Parcels A, B, C and D 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.
Each development site in the PUD is required to have two (2) access locations for emergency services that are distanced apart according to the West Des Moines Fire Code. The site plan for the original PUD Parcel C, now to be split creating a new Parcel C and a new Parcel D, provided a roadway access location in the southwest corner of what is now PUD Parcel D as a continuation of the mobile home park development planned for PUD Parcel C. With the change in zoning contained herein and the predictable change in development of new PUD Parcel C, the planned access at the southeast corner shall either be extended to Bishop Drive or 98th Street prior to or in conjunction with the development of new PUD Parcel C. A cross access ingress/egress easement will be required to enable the free access of vehicles between the two (2) PUD parcels. This access shall be provided within one hundred eighty (180) days of the adoption of this PUD, unless an alternative time frame is approved by the City Council. (Ord. 2286, 3-19-2018)
1. Parcel A And B: All general use regulations and provisions set forth in title 9, Zoning, of the West Des Moines City Code for the CMC Community Commercial District shall apply to any development proposal for all property within Parcels A and B as shown on the sketch plan of the 98th Street PUD, unless noted otherwise in this ordinance. (Ord. 1277, 11-17-1997)
a. Development Standards: Allowed uses shall include all permitted and permitted conditional (Pc) uses within the CMC Community Commercial District. All building heights and setbacks within Parcels A and B shall be in accordance with the setback and bulk density regulations chapter of the West Des Moines zoning ordinance, except for Parcel A where the front yard setback along Bishop Drive shall be eighty seven feet (87'). All parking lot setbacks within Parcels A and B shall be in accordance with the off street parking and loading chapter of the West Des Moines zoning ordinance. The minimum required open space in these parcels shall be twenty five percent (25%) of the project area and all parking areas shall include landscaped areas, islands, screens, etc., equal to not less than ten percent (10%) of the total paved area and associated drives. Such parking lot landscaped area shall be in addition to the open space requirements for the project area. Landscaped islands within the parking area shall have ground cover of grass (i.e., sod), shrubs or other acceptable living plant life, unless an alternate ground cover is specifically approved as part of the site plan review by the City. No parking space shall be greater than seventy five feet (75') from a landscaped open space with a minimum area of two hundred fifty (250) square feet. The narrowest dimension of a parking lot island shall not be less than five feet (5'). (Ord. 2077, 12-29-2014)
Drive-throughs, except grocery pick up drive, banks, dry cleaners and drugstores with appropriate screening and buffering, shall be prohibited in these parcels. As a part of the review of a site plan or permitted conditional use permit submitted for any allowed drive-through facilities, the property owner/developer must demonstrate through design and screening that the proposed drive-through facility will not negatively impact the surrounding properties or create traffic congestion in the area. All allowed drive-through facilities shall be designed to be screened from the public right-of-way through the use of architectural features, earth berming and landscaping, to minimize the visual impact of the drive-through.
Primary access should not be taken off local residential streets, but rather off of the shared entrance drive between Parcels A and B or 94th and 98th Streets. Direct access to University Avenue shall be limited to right in/right out only, and shall be reviewed at the time of site plan and/or permitted conditional use permit submittal.
b. Architecture: These parcels shall be developed with each building compatible in design and use of materials so as to appear as a single unified development. The architectural design of any building shall be acceptable to the City and all buildings within the parcel shall have as a primary element of the exterior being brick, with all sides of any building built within the parcel consistent in design and use of materials. No wood, masonite, aluminum siding, nonarchitectural sheet metal, concrete block, or other similar materials shall constitute a portion of any building except as a trim material, unless the City Council of West Des Moines, after having received a recommendation from the Planning and Zoning Commission of West Des Moines shall determine said material when used as a primary element, enhances the physical appearance or provides continuity desired to unite all structures within the parcel together into one project concept.
c. Buffering: Adequate buffering of negative aspects of commercial buildings (loading docks, garbage dumpsters and HVAC mechanical units) from any public street and adjoining properties shall be required. Commercial retail buildings shall not be located and designed to expose loading docks or doors, loading areas or the rear of the building to public streets unless adequately screened from public view by berming and landscaping.
A twenty foot (20') wide buffer park shall be established along the southern boundary of Parcels A and B to buffer the residential housing proposed to the south of these parcels. Landscaping and berming of the buffer park shall be provided in accordance with standards for a thirty foot (30') buffer park as identified in the West Des Moines buffer ordinance. (Ord. 1277, 11-17-1997)
2. Parcel C: All general use regulations and provisions set forth in title 9, Zoning of the West Des Moines City Code for Medium Density Residential (RM-8) shall apply to any development proposal for the property and as provided for in the following regulations.
a. Required Plans: In conjunction with development of any portion of Parcel C, the following plans are required:
(1) Preliminary Plat And Final Plat: Parcel C shall be platted in accordance with the City's subdivision ordinance. Parcels created via the plat-of-survey process and platted outlots identified on a plat shall be unbuildable until such time that the plat-of- survey parcel and/or outlot is re-platted into a developable lot via the preliminary and final platting processes.
(2) Site Plan: Prior to the development of Parcel C, site plan approval shall be obtained by the appropriate approval body through the development process.
b. Parkland Dedication: Parkland dedication is required by City Code for all residential plats and residential site plans. The calculated dedication amount includes the use of a factor per dwelling unit to determine the amount of park and greenway land. A Parkland Dedication Agreement, acceptable to the Parks and Recreation Department, detailing the specifics related to the park and greenway dedication requirements for the development of Parcel C will be required prior to site plan approval.
c. Mailboxes: The developer shall be responsible for installation of any required cluster box units (CBUs/mailboxes) as per the local U.S. Postal Service. The CBUs shall be located no closer than one hundred feet (100') from the curbs of 98th Street and Bishop Drive in order to minimize the probability of vehicles queuing back onto adjacent public streets. No CBUs will be allowed on 98th Street or Bishop Drive.
d. Street Lighting: The developer shall be responsible for all costs associated with the installation of public street lights within or adjacent to any area proposed to be platted or included within a development.
e. Sanitary Sewer: A master sanitary sewer analysis has been conducted for this parcel. A specific sanitary sewer analysis with the platting of the property or a residential site plan and any future change in approved land use densities for the PUD will require an analysis of the downstream sanitary sewer capacity to assure that adequate capacity is available for the proposed change in approved land use densities.
f. Signage: Signage shall comply with all provisions and standards of title 9, chapter 18 for the Residential Medium Density (RM) Zoning District. Under the authority of the City's Fire Marshal, Development Directory Boards may be required. Said boards shall be of a design as specified by the Fire Marshal and shall be located per the Fire Marshal in a location on private property outside of public street rights-of-way and utility easements.
g. Traffic Study: A traffic study was prepared for the amendment to the PUD to allow Residential Medium Density in December 2017. Average weekday trips for the PUD parcel are one hundred twenty (120) P.M. peak and one hundred two (102) A.M. peak trips. Further traffic studies will be required for development proposals to verify that the provisions in the December 2017 study still are valid and determine if the study's recommendations need to be changed.
h. Streets And Right-Of-Way: The developer will be responsible for construction of public or private streets within the development. Public streets will be constructed to West Des Moines design standards. Private streets constructed within the development shall be constructed to public street standards, with the exception that rolled curbs will be allowed on the private street.
98th Street is classified as a major collector which requires one hundred feet (100') of total right-of-way or fifty feet (50') from the center of the right-of-way adjacent to the subject property. The developers will be obligated to provide any additional right-of-way by fee title in conjunction with the approval of any development or subdivision.
i. Stormwater Management Plan: A master stormwater management plan was completed in December 2017. Stormwater management plans will be required for platting or site plans for Parcel C. Upon implementation of stormwater management facilities, a Stormwater Management Facility Maintenance Agreement is required to be executed and as-built drawings are required to be submitted.
j. Sidewalks: The development of Parcel C will be required to include construction of the public sidewalks along all public streets, including 98th Street and Bishop Drive. Sidewalks along private streets are encouraged to provide pedestrian connection to the public sidewalks bordering the property.
k. Public Improvements: Any proposed public improvement will require submittal of separate detailed construction plans to staff for review and approval by the City Engineer prior to installation of any improvements. The City charges an hourly fee for site inspection/observation during the installation of all public improvements. In addition, 4-year maintenance bonds will need to be provided for any installed public improvements. Easements, when required, will be required for public improvements for access and maintenance. Adequate easement widths will need to be provided in accordance with DSM Metro Design Standards and WDM Addendums (minimum 30 feet or twice the depth, whichever is greater).
l. Parking Requirements: Number of parking stalls to be provided shall be compliant with City Code, title 9, chapter 15. For any residential dwelling intended as owner occupied and/or for which a condominium regime is established, a minimum of one of the required spaces for each unit shall be as an enclosed parking space. This parking space shall be a minimum of 19' x 9' and may be designed as a free standing garage, attached garage or multiple garage spaces within an enclosure. A specific covered parking space shall be designated for and legally tied to each dwelling unit. The covered space must be for the exclusive use of the occupant of the dwelling unit and cannot be rented or purchased by a 3rd party, even if the dwelling unit is rented.
m. Land Use Design Criteria: All general use regulations and provisions set forth in title 9, Zoning of the West Des Moines City Code for Medium Density Residential (RM-8) shall apply to any development proposal for the property, unless noted otherwise in this ordinance.
(1) Building Setbacks: Setbacks for Parcel C shall be as follows:
(A) Perimeter setback (to adjacent properties and public street right-of-way): A minimum of thirty five feet (35') from the property line. Covered porches, decks, patios, accessory structures, etc., shall not encroach into the required perimeter setback.
(B) Front yard setback (adjacent to private streets): A minimum of twenty five feet (25') from the face of the garage to the curb of the private street or sidewalk if such is provided, whichever is closer. Porches, decks or patios are allowed to encroach up to eight feet (8') into the twenty five foot (25') front yard setback.
(C) Side yard setback (adjacent to private streets): Fifteen feet (15') to curb of private streets, if no driveway is present; no porches, decks or patios can encroach into the fifteen foot (15') side yard setback.
(D) The required thirty five foot (35') perimeter building setback and the required landscape buffers are allowed to overlap.
(2) Building Separation:
(A) For two-story attached townhomes with four (4) units or less in a row, there shall be a minimum building separation of fourteen feet (14') between buildings or outdoor spaces (patios, decks, etc.), if such is provided.
(B) For two-story attached townhomes with more than four (4) units per building, including back-to- back structures or three-story or greater attached townhomes with four (4) units or less, there shall be a minimum building separation of twenty feet (20') between buildings or outdoor spaces (patios, decks, etc.), if such is provided.
(C) For three-story or greater attached townhomes with more than four (4) units per building, there shall be a minimum building separation of thirty feet (30') between buildings or outdoor spaces (patios, decks, etc.), if such is provided.
n. Buffers: A thirty foot (30') buffer is required adjacent to 98th Street for the development of Parcel C. A thirty foot (30') buffer is required adjacent to the right-of-way for the railroad line running along the southern boundary of Parcel C. If the density of PUD Parcel C is greater than fifty percent (50%) of the density of PUD Parcel D, then a thirty foot (30') buffer will be required between PUD Parcel C and D. If the development of PUD Parcel C results in the rear facade of dwelling units to be facing Bishop Drive, then a thirty foot (30') buffer is required along Bishop Drive. The landscape and berming standards of title 9, chapter 19, Landscaping will be applied to all buffers, except for the buffer along the property line adjacent to the railroad, which shall be planted at one-half (1/2) the landscape requirements of a thirty foot (30') buffer.
o. Architecture: The intent of the building design is to encourage a sense of place. Building facades throughout the development shall be varied and articulated to provide visual interest, human scale and to establish a unique identity for the development and the dwellings within a cohesive design theme. Building design should address the need for private space, promote interaction and connection within the development, yet balance the functional and security needs of the residents and visitors.
(1) In general, building design for multi-family buildings shall provide a creative presentation utilizing variations in massing, building materials, details and treatment of windows and doors. All facades of the building shall be treated with the same level of architectural style and detail (360 degree architecture), however, the level of detail can be reduced on the facades not visible from a street (public or private) or visible to adjacent property surrounding the development. The level of detail on a facade may also be reduced if a landscape buffer or other method is installed to break up building expanses and mitigate views from the street or adjacent property.
(2) Massing: Building form shall be articulated, dividing large buildings into smaller elements organized on the dwelling units. Changes in materials should be aligned with changes in plan or roof form to emphasize these changes in building mass. Building design that is repetitive in form and material use should be avoided.
(3) Materials: Materials, detail, and color choices shall be selected to provide continuity, resulting in a cohesive building appearance and to unite all structures within the development. Materials should be durable, substantial and of a quality that will maintain their appearance over a prolonged time. Unit masonry (brick or stone) shall be incorporated on all sides of the building visible from public and private streets, predominantly on the base (lowest) story of the building, organized with the other exterior materials along with trim and details to provide visual interest for these sides, emphasize variations in building mass, and reinforce the design theme. Nonmasonry finishes can encompass the remaining area, combining a variety of colors and textures along with trim and details to provide visual interest within the development and reinforce the human scale.
(A) Use of natural materials is encouraged, composite materials such as fiber cement and wood composites are appropriate substitutions for non- masonry cladding.
(B) Vinyl or metal siding may be used only with appropriately scaled trim.
(C) Non-traditional materials such as metal panels or concrete masonry units and composite materials simulating the appearance of unit masonry may be utilized after review by the Director of Development Services to determine that the use of these alternate building materials enhances the physical appearance and accomplishes a compatible design within the residential context of the development.
(D) Materials should change with the change in building plane and be arranged to have the appearance of three-dimensional elements.
(E) Variation in materials, material modules, expressed joints, textures, colors and details should be used to break up the mass of the buildings.
(F) Trim and structural elements such as posts or columns shall be sized to the scale of the building.
(4) Rooflines: Roof overhangs shall be of sufficient size and projection to be in proportion to the scale of the building.
(5) Entryways: Building entries serving the public should be designed as a visual focal point and provide human scale to a typically large-scale building. Secondary or unit entries for the building can be less prominent in design, yet still provide a recognizable entry point and shelter from the elements.
(6) Fenestration: Efforts should be made to place windows and doors to promote the linkage of the interior and exterior of buildings and provide natural light. Door and window openings shall be incorporated on all sides of the building.
(7) Common Use And Accessory Building: The architectural details of any common use buildings such as a clubhouse and detached accessory structures such as garages shall incorporate the same building forms, materials, treatments and the architectural style of the primary buildings. Portions of accessory buildings visible from any street or adjacent property shall incorporate same level of detail, including fenestration, as the primary buildings.
(8) Garages: Garages facing any street should be set back from the entry facade (measured from the wall containing the entry door or front edge of the porch) or be designed to minimize their appearance. The following building design options to mitigate the dominant appearance of the garage shall be incorporated when the garage facade is in front of the entry facade:
(A) Limiting the dwelling unit arrangement to no more than four (4) attached units with the garage fronting on a single facade or detached garage size to no more than seven (7) bays.
(B) Providing side entry garages for the end units of a building.
(C) Enhanced garage facade design such as the addition of engaged columns, secondary roof forms or decorative garage doors. (Ord. 2286, 3-19-2018)
3. Parcel D: The following general use regulations, performance standards and provisions shall apply to any development in Parcel D:
a. Definitions: For the purpose of this ordinance the following definitions shall apply:
FACTORY-BUILT HOME: Any structure, designed for residential use, which is wholly or in substantial part, made, fabricated, formed or assembled in manufacturing facilities for installation or assembly and installation, on a building site. For the purpose of this ordinance factory-built homes include mobile homes, manufactured homes and modular homes placed on a site for greater than one hundred eighty (180) consecutive days.
FACTORY-BUILT HOME PARK: A parcel or contiguous parcels of land divided into two (2) or more factory-built home lots for rent or sale.
MANUFACTURED HOME: Factory-built or manufactured homes that meet the National Manufactured Home Construction and Safety Standards Act (42 USC section 5401), commonly known as the HUD (U.S. Department of Housing and Urban Development) Code.
MOBILE HOME: Same as manufactured home, but subject to the National Manufactured Housing Construction and Safety Act of 1974.
b. Use Regulations: A building or premises within this parcel shall be used only for single-family detached residential purposes only, except for home occupations as permitted by the regulations of the West Des Moines City Code and accessory uses as permitted in the R-1 Single-Family Residential District unless otherwise stated in this ordinance. The permitted principal uses for this parcel shall be as follows:
Factory-built homes, manufactured homes and mobile homes.
Single-family detached residential homes that meet the minimum requirements of the R-1 Single-Family Residential District.
c. Age Restrictions: Any factory-built home, manufactured home or mobile home facility developed in Parcel D shall conform with all Federal, State and local laws and more particularly shall implement and enforce the provisions dealing with senior residents as provided in the 1992 Fair Housing Act as amended on December 28, 1995 requiring that at least one person who is fifty five (55) years or older reside in at least eighty percent (80%) of the occupied units.
d. Development Standards: The minimum development standards for this parcel shall be as follows:
(1) All mobile or manufactured homes shall have a permanent foundation system in compliance with the manufacturer's specifications, or equipped with a skirting, or provided with a support pad which is recessed to give the appearance of the home being located on-grade.
(2) All trailer hitches and wheels used to transport the home to the site shall be removed within sixty (60) days after the structure has been placed on site.
(3) All homes shall have roofs with a minimum pitch of 1:4 and a minimum eave dimension of one foot (1').
(4) All siding shall be nonreflective and shall be installed from the ground up.
e. Setback Requirements: The minimum required setbacks for any lot within Parcel D are as follows:
(1) Minimum lot widths as measured at the front yard building setback line shall be as follows:
(A) Single-wide lots (for units with a width of 16 feet or less) - fifty three feet (53');
(B) Double-wide lots (for units with widths greater than 16 feet) - sixty five feet (65').
(2) A minimum twenty foot (20') front yard setback shall be measured from the back of curb on private streets, and from public street rights-of-way.
(3) Minimum side yard setbacks shall be five feet (5').
(4) Minimum rear yard setbacks shall be ten feet (10').
(5) Minimum separation between any buildings or accessory structures on different lots or trailer sites shall be ten feet (10'). (Ord. 1277, 11-17-1997; amd. Ord. 2286, 3-19-2018)
f. Buffers: A fifteen foot (15') buffer park shall also be required for lots along the railroad right-of-way with planting requirements equal to seventy five percent (75%) of the total planting requirements of the thirty foot (30') buffer park requirements of the West Des Moines buffer ordinance. In addition, a thirty foot (30') buffer park shall be established along the east boundary line of Parcel D. Landscaping and berming of all buffer parks shall be provided in accordance with the West Des Moines landscape ordinance.
The buffer park along the east boundary line of Parcel D shall be installed prior to any development within phase 3, or at such time that the property owner to the east installs the required buffer park along the west side of Parcels 2, 3a, and 3b in the Maple Grove North PUD, whichever occurs first. In either case, the developer shall coordinate with the property owner to the east to provide the berming and landscaping concurrently, so as to appear as a single buffer park.
No fences or structures shall be permitted within the buffer parks. Prior to development within any part of Parcel D, a buffer plan shall be reviewed and approved by the City which illustrates that use of berms and tree plantings in accordance with the provisions of the West Des Moines buffer ordinance.
No buffer park shall be required along the east-west public street to the north of Parcel D provided that the widest width of the factory-built home is parallel or facing the direction of the public street.
g. Landscaping: Each lot or dwelling unit site shall have a minimum of two (2) trees with a minimum caliper size of 2" - 21/2" planted in the open space of the lot within sixty (60) days from the placement of the dwelling unit, weather permitting.
h. Garages: Each dwelling unit or lot shall be required to have a permanent garage provided for the sole use of the occupant of the dwelling and a minimum of two (2) additional paved parking spaces will be provided for residents and guests in the driveway approach to the garage or elsewhere on site. Other outbuildings and structures, with the exception of decks, patios, or attached porches, shall be prohibited.
i. Sidewalks: Sidewalks along the internal private streets within Parcel D shall be deferred so long as no parking is allowed along the private streets and the speed limit is posted at a maximum speed limit of ten (10) miles per hour. Sidewalks shall be required on both sides of the public streets to provide for pedestrian movement within and around the project in accordance with West Des Moines specifications.
j. Storm Shelter And Warning Systems: Within the manufactured housing development, provisions for a storm shelter and civil defense storm warning system shall be required.
k. Driveway Access: No direct driveway access shall be allowed onto Bishop Drive.
l. Private Internal Streets: The internal private streets shall be required to be constructed with a minimum six inch (6") curb. (Ord. 1277, 11-17-1997; amd. Ord. 1402, 4-3-2000; Ord. 2286, 3-19-2018)