Whereas, title 9, chapter 9, "Planned Unit Development District", of the city code, establishes certain regulations and guidelines pertaining to accompanying information required on site plan, permitted conditional use permit, and plat documents.
Now, therefore, the following conditions, restrictions, and regulations are adopted as part of this approval, to wit: (Ord. 1430, 1-8-2001)
A. General Conditions: The sketch plan incorporates multi- family residential use and approximately 1.86 acres of land reserved for nonresidential development which shall be distributed by area, type, use and location according to the sketch plan as presented.
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. Unless otherwise specified herein, the development of the BEH II PUD shall comply with title 9, "Zoning", of the city code.
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 located within twenty five feet (25') of any easement or property boundary of a major drainageway, stormwater detention basin or pond, unless said location is approved as part of a development entitlement by the city council and said building is structurally designed accordingly.
4. The developer, their successors and assigns, if any, shall pay all planning, engineering, and construction costs for the interior development of the planned unit development, for all streets, storm sewers, sanitary sewers, drainageway improvements, detention basins, water mains, buffers and other improvements within parcels A, B, and C of the PUD as may be required by this ordinance, the subdivision ordinance, the zoning ordinance, or the Des Moines metropolitan design standards as adopted by the city of West Des Moines. (Ord. 2126, 11-30-2015)
B. Land Use 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 on the sketch plan. The sketch plan document which is made a part of this rezoning action per section 006-02 of this ordinance, delineates three (3) parcels of the PUD as parcels A, B, and C, for application of specific development standards of land use and the development regulations. The following development standards and use regulations shall apply to each of the three (3) development parcels:
1. Parcel A: All general use regulations, performance standards and provisions set forth in title 9, "Zoning", of the city code for the medium-density residential district (RM) shall apply to any development proposal for the property within parcel A as shown on the sketch plan, except as shall be further provided herein and provided only residential uses shall be permitted. This area involves approximately 16.5 acres.
This parcel shall encompass a maximum of one hundred forty one (141) dwelling units which shall be developed with residential buildings of no greater than two (2) stories in height, sixteen (16) units, and of a design, scale and dwelling unit type as shall be determined as part of a master plan review by the city for the entire parcel and shall be approved by the plan and zoning commission and city council. The parcel shall be developed as a single master planned project with each building compatible in design, scale and use of materials. Design and use of materials for the construction of any building within parcel A 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 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.
A master plan for development of the entire parcel shall be approved by the plan and zoning commission and city council prior to site plan and plat approval for any portion of the parcel. Residential medium density district regulations for lot area, frontage, and yard requirements shall apply, except for no dwelling unit shall be located closer than fifty feet (50') to E.P. True Parkway, twenty five feet (25') from the west boundary of the parcel and twenty feet (20') from Chicago Northwestern Railroad right of way. All accessory structures shall meet minimum setback requirements as set forth in title 9, chapter 7, "Setback And Bulk Density Regulations", of the city code, provided garages may be located within thirty feet (30') of E.P. True Parkway. Off street parking lots shall have a minimum twenty foot (20') setback from public street rights of way and sufficiently buffered, as practical, from public street view and surrounding residential properties with the use of landscaping, earth berming, and/or wall structures as may be required by the city. (Ord. 1430, 1-8-2001)
2. Parcel B: All general use regulations, performance standards and provisions set forth in title 9, "Zoning", of the city code for the medium density residential district (RM-12) shall apply to any development proposal for the property within parcel B as shown on the sketch plan, except as otherwise provided herein. This area involves approximately 2.24 acres.
All nonresidential uses shall be prohibited within parcel B.
This parcel shall encompass a maximum of sixteen (16) horizontal attached dwelling units (no living above living) which shall be developed with residential buildings no greater than two (2) stories in height, and of a design, scale and dwelling unit type as shall be determined as part of a site plan review by the city for the entire parcel and shall be approved by the plan and zoning commission and city council.
This parcel shall be developed as a single master planned project with each building compatible in design, scale and use of cohesive materials. Design and use of materials for the construction of any building within parcel B shall be acceptable to the city and accomplished in a manner compatible with the adjoining residential uses in the neighborhood. Architectural design, materials, exterior details and textures, treatment of windows and doors, and use of angles and multiplicity of planes within the wall and roof design shall be residential in character. All ground mechanical units shall be screened from view from adjoining residential developments, all streets and private drives.
No building shall be set closer than fifty feet (50') from the right of way of E.P. True Parkway; thirty five feet (35') from right of way of South 26th Street; twenty feet (20') from the railroad right of way; twenty five feet (25') from the east and thirty five feet (35') from the south parcel line. All detached accessory structures shall meet minimum setback requirements as set forth in title 9, chapter 7, "Setback And Bulk Density Regulations", of the city code. Off street parking lots shall be sufficiently set back from E.P. True Parkway and South 26th Street a minimum of thirty feet (30') and buffered as practical from all public streets and adjoining residential developments with the use of landscaping, earth berming and/or wall structures as may be required by the city.
Buffering and transition methods shall be required as set forth in subsections 9-19-8E and 9-5-7C of the city code unless noted otherwise below:
a. Minimum thirty foot (30') buffer shall be required along E.P. True Parkway and South 26th Street. Plantings shall be equal to that required per city code for a standard thirty foot (30') wide buffer.
b. Minimum twenty foot (20') buffer along the north adjacent to the railroad tracks. Buffer plantings shall be equal to that required per city code for a standard thirty foot (30') wide buffer. In lieu of buffer plantings, a six foot (6') solid fence may be constructed at the property line. Prior to installation of the fence, the developer shall execute an indemnity/hold harmless agreement releasing the city of any responsibility for damages, repair, removal, or reinstallation should access to utilities within the easement area be necessary.
c. No buffer shall be required along the east although mitigation of the future light industrial use is encouraged.
d. No buffer shall be required along the south; however, landscape vegetation shall be located immediately north of the access drive to interrupt views from the existing single- family homes. Vegetation in this area shall be equal to that required per city code for a standard sixty foot (60') wide buffer.
e. The placement of vegetation within any public easement shall be limited to understory trees, shrubs, grasses and perennials unless otherwise further restricted per the easement document. No overstory or evergreen trees are allowed within a public easement.
3. Parcel C: The following general use regulations, performance standards, and provisions shall apply to all development proposals for that property within parcel C as shown on the sketch plan of the BEH II planned unit development:
a. The following uses shall be allowed within parcel C:
(1) All permitted and permitted conditional uses allowed within the light industrial (LI) zoning district, except the following uses which shall be prohibited:
Automotive repair, services, and parking (SIC 75)
Bus terminal operations (part of SIC 41)
Construction and contractor's operations and storage yards (SIC 15, 16, and 17)
Fabricated metal products, except machinery and transportation equipment (SIC 34)
Fuel dealers (SIC 598)
Grain mill products (SIC 204)
Guard dogs (part of SIC 7381)
Heavy construction equipment rental and leasing (7353)
Personal services (SIC 72)
Photo finish labs (SIC 7384)
Railroad transportation (SIC 40)
Ready mixed concrete (SIC 3273)
Special warehousing and storage, not elsewhere classified (SIC 4226)
Tank repair and cleaning services, metal reshaping and replating services, recreation vehicle repair services, agricultural equipment repair services, miscellaneous automotive repair services (all part of SIC 7694)
Terminal and joint terminal maintenance facilities for motor freight transportation (SIC 423)
Tobacco products (SIC 21)
Transportation by air (SIC 45)
Transportation services (SIC 47)
Welding repair (SIC 7692)
b. Architecture and use of materials for the construction of any building shall be accomplished in a manner compatible and not conflicting with the residential uses within the neighborhood.
Architectural design shall be acceptable to the city, with all uses which are allowed in parcel C being required to use materials which are residential in character, materials of wood and/or brick exterior veneer and a roof principally of a gable, mansard or hip style design. Regardless of use, all heating, ventilation, and air conditioning mechanical units shall be screened as practical from adjoining residential developments.
c. No building shall be set closer than forty five feet (45') from the ultimate right of way of Delavan Drive; twenty feet (20') from the railroad right of way; thirty five feet (35') from the west parcel line, and thirty five feet (35') from the east and south parcel boundary lines. The maximum building height for any building within parcel C shall be twenty four feet (24'). All accessory structures shall meet minimum setback requirements as set forth in title 9, chapter 7, "Setback And Bulk Density Regulations", of the city code. Off street parking lots shall be sufficiently set back from Delavan Drive a minimum of ten feet (10') and buffered with the use of landscaping, earth berming and/or wall structures as may be required by the city. (Ord. 2126, 11-30-2015)