Whereas, title 9, chapter 9, "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:
A. General Conditions: The sketch plan incorporates residential and commercial/retail land uses which shall be distributed by area, density, types and location according to the sketch plan as presented. This ordinance, its conditions, restrictions and regulations adopted herein as a condition to this rezoning action, is binding on the entire property as legally described above in section 001-01 of this ordinance and shall run with the land.
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. (Ord. 2098, 6-29-2015)
2. Unless otherwise specified herein, the development of The Preserve On Grand PUD shall comply with titles 9, "Zoning", and 10, "Subdivision Regulations", of the City Code, and any other applicable codes and regulations. (Ord. 2098, 6-29-2015; amd. Ord. 2228, 6-12-2017)
3. In all areas within a 100-year frequency flood hazard zone, or adjoining drainageways or detention areas involving potential flood hazards, no residential structure 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, no residential structure shall be erected within thirty five feet (35') of any major drainageway or stormwater detention basin (i.e., Parcel D), and no parking lot shall be constructed at an elevation of less than the 100-year frequency flood event elevation.
4. The developers of each parcel, their heirs, successors and assigns, if any, shall pay all construction and engineering costs for the interior development of that parcel 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, water main, buffers and other improvements within the PUD as may be required by the subdivision and zoning ordinances; except as provided for in subsections B4, "Parcel D", and B6, "Parcel P", of this section.
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 on the sketch plan. The sketch plan document which is made a part of this rezoning action per section 001-02 of this ordinance, delineates nine (9) parcels of the PUD as Parcels A, B, C, D, E, F, G, H, and P for application of specific development standards of use and density regulations. The development standards and use regulations shall apply to each of the individual parcels as applicable: (Ord. 2098, 6-29-2015)
1. Parcel A: This parcel shall encompass single-family detached homes which shall be located on individual lots complying with minimum lot size and performance standards of the R-1 Single-Family Residential District, except the south half of the parcel may have a minimum five foot (5') side yard setbacks. No residential unit shall be set closer than thirty feet (30') from any internal public street right-of-way, Lots 13 and 14 (on the north side of the street) and Lots 25 through 28 (on the south side of the street) are allowed to be twenty five feet (25') from the internal public street (see the sketch plan), fifty feet (50') from the Grand Avenue right-of-way for corner lots adjoining Grand Avenue, sixty feet (60') from the right-of-way of Grand Avenue for double frontage lots adjoining Grand Avenue, and shall have a minimum thirty five foot (35') rear yard setback. Lots 29 through 30 shall have a minimum thirty foot (30') rear yard setback. Driveways access for individual residential lots to Grand Avenue shall be prohibited and all lots adjoining Grand Avenue shall be provided a buffer from the industrial zoned district to the east. A street connection from Parcel A to Grand Avenue shall be provided in accordance with the approved sketch plan, and no street connection to Scenic Valley Drive from Parcel A shall be permitted. In lieu of a street connection, a pedestrian public sidewalk and easement connection from the internal street system in Parcel A to Scenic Valley Drive shall be provided. (Ord. 1248, 6-2-1997)
a. Parcel A-1: This parcel shall encompass single-family detached homes which shall be located on individual lots complying with minimum lot size and performance standards of the R-1-A Single-Family Residential District. This parcel shall incorporate a maximum of twelve (12) dwelling units and shall be approximately four and one-tenth (4.1) acres in size. Street access and location shall be as illustrated on exhibit C on file with the Development Services Department, an extension of Ridgewood Court located immediately to the north and terminating as a cul-de-sac within Parcel A-1. (Ord. 1050, 6-14-1993; amd. Ord. 2098, 6-29-2015)
Pedestrian access shall be provided from Parcel A-1 and single-family homes north of Parcel A-1 to Scenic Valley Drive located and bordering Parcel A to the south. Parcel A-1 shall be platted, and public improvements completed and accepted by the City, prior to the issuance of any building permits within Parcel A-3. (Ord. 1050, 6-14-1993)
b. Parcel A-2: This parcel shall encompass single-family detached homes which shall be located on individual lots complying with minimum lot size and performance standards for the R-1 Single-Family Residential District. Parcel A-2 shall incorporate a maximum of twenty one (21) dwelling units and shall be approximately five and nine-tenths (5.9) acres in size. Street access and location shall be as illustrated on exhibit C, on file with the Development Services Department, a single street extension from Grand Avenue located immediately east of Parcel A-2 terminating in a cul-de-sac within Parcel A-2. Pedestrian access shall be provided from Parcel A-2, and all lots and/or dwelling units therein, to Scenic Valley Drive located and bordering Parcel A to the south. Parcel A-2 shall be platted, and public improvements completed and accepted by the City, prior to any building permits being issued within Parcel A-3. (Ord. 1050, 6-14-1993; amd. Ord. 2098, 6-29-2015)
c. Parcel A-3: Development within Parcel A-3 shall comply with the performance standards and regulations of the RM Residential Medium-Density District except as noted otherwise herein. Parcel A-3 shall incorporate a maximum of forty six (46) bi-attached or single-family detached dwelling units. No building shall exceed two (2) stories within Parcel A-3. No building shall be located less than ten feet (10') from another building not sharing a common wall and no bi-attached unit shall be located less than thirty five feet (35') from the perimeter of the parcel. All dwelling units of buildings containing individual dwelling units shall be described and included as an integral part of a single horizontal property regime and in conformity to Code of Iowa chapter 499B or each unit shall be platted as a separate lot. Each dwelling unit shall have a separate entrance to the outside. All condominium or homeowners' association documents must be approved by the City of West Des Moines and evidence of the filing of the documents in the County Recorder's Office before issuance of any building permits. Street access and internal drive locations shall be as illustrated on exhibit C, on file with the Development Services Department, a single internal drive access from the internal street located within Parcel A-2 to the north and a single internal drive access to Scenic Valley Drive located and bordering Parcel A on the south. The access drive to Scenic Valley Drive may be temporary in nature until such time that Scenic Valley Drive is extended to or adjacent to Parcel A. No access shall be permitted from Parcel A-3 to Grand Avenue. Pedestrian access from Parcel A-3, including access from Parcels A-1 and A-2, shall be provided to Scenic Valley Drive located to the south. (Ord. 1248, 6-2-1997; amd. Ord. 2098, 6-29-2015)
Parcel A-3 shall incorporate effective and adequate buffering and landscaping along the entire perimeter of Parcel A-3, including, but not limited to, the following:
(1) A minimum thirty foot (30') landscaped buffer park shall be established adjacent to the right-of-way of River Ridge Drive and a minimum thirty foot (30') landscaped buffer park shall be established adjacent to Grand Avenue which shall each incorporate extensive landscaping and berming, as required in ordinance 1073, buffers, for the purpose of screening and/or buffering development within Parcel A-3 from single-family homes to the north and for the purpose of screening and/or buffering development within Parcel A-3 from Grand Avenue and industrial uses to the east. No parking areas, fences, garages or other structures shall be permitted within either buffer park area, except approved signage in accordance with the Sign Code.
(2) A minimum thirty foot (30') landscaped buffer park, shall be established along the southern and western boundary of Parcel A-3 for the purpose of screening and/or buffering development with Parcel A-3 from the single-family detached residential uses, commercial use(s), overhead power lines, and multi-family use(s) within Parcel C, each located generally to the south, north and west of Parcel A-3. Said buffer park shall be landscaped in accordance with ordinance 1073, buffers. No parking areas, fences, garages or other structures shall be permitted within the buffer park area.
(3) All parking and internal drives within Parcel A-3 shall be effectively screened by the use of berming and landscaping from adjacent roadways and properties.
Design and use of materials for construction of any building within Parcel A-3 shall be acceptable to the City and accomplished in a manner compatible with adjoining residential uses in the neighborhood. Architectural design for bi-attached or single-family detached dwelling units 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 larger residential buildings. Any approval of building design by the City shall not be unreasonably withheld, provided the developer, with full faith and effort, attempts to fulfill the architectural design goals set forth herein with said review and approval occurring during the site plan review process. Review and approval of site lighting should ensure that unnecessary and/or improper lighting is not cast upon adjacent roadways and/or properties.
Any single-family detached residential development within this parcel shall comply with the minimum standards for the R-1 Single-Family Residential District. (Ord. 1248, 6-2-1997)
2. Parcel B: Unless otherwise provided for within this ordinance, the use regulations and provisions set forth in title 9 of the City Code for the Medium Density Residential (RM-6) District shall apply to any development proposal for the property within Parcel B as shown on the sketch plan except as shall be further provided herein. This parcel shall cover a maximum of five and one-half (5.5) acres.
Parcel B will consist of single family bi-attached structures e.g., twin homes, duplexes; each side of the building being one dwelling unit with a common wall and full depth lots; this does not include attached dwellings with an owners association or postage stamp lots. All general use regulations, performance standards, and provisions set forth in title 9, "Zoning", of the City Code for Residential Medium Density (RM-6) shall apply, except as provided herein:
a. Minimum lot area shall be five thousand (5,000) square feet for each half of the bi-attached dwelling unit.
b. Minimum lot width shall be 37.5 feet.
c. Front yard setback shall be a minimum of thirty feet (30'), rear yard setback shall be a minimum of twenty feet (20'), and side yard setback shall be a minimum of seven feet (7') from the closest portion of the structure or basement egress window well. The other side yard will be the common wall.
d. Maximum height shall be two (2) stories.
e. Accessory structures shall be in accordance with R-1 District standards for such structures and title 9, chapter 14, "Accessory Structures", of the City Code. (Ord. 2228, 6-12-2017)
3. Parcel C: Parcel C may be developed with either single- family detached residential structures or single-family bi- attached structures (e.g., twin homes, duplexes); this does not include attached dwellings with an owners' association. The two (2) types of structures are not allowed to coexist within the parcel; the parcel will either be developed with all detached or all bi-attached structures.
a. If Parcel C is developed for single-family detached structures, all general use regulations, performance standards and provisions set forth in title 9, "Zoning", of the City Code for the R-1 Single-Family Residential District shall apply. No structure shall be located within the one hundred foot (100') easement for the overhead electric power distribution system.
b. If Parcel C is developed for single-family bi-attached structures, all general use regulations, performance standards, and provisions set forth in title 9, "Zoning", of the City Code for Residential Medium-Density (RM-6) shall apply, except as provided herein:
(1) Minimum lot area shall be five thousand (5,000) square feet for each side of the bi-attached dwelling unit.
(2) Minimum lot width shall be 37.5 feet.
(3) Front yard setback shall be a minimum of thirty feet (30'), rear yard setback shall be a minimum of twenty feet (20'), and side yard setback shall be a minimum of seven feet (7') from the closest portion of the structure or basement egress window well.
(4) Maximum height shall be two (2) stories.
(5) Accessory structures shall be in accordance with R-1 District standards for such structures and title 9, chapter 14, "Accessory Structures", of the City Code.
No structure shall be located within the one hundred foot (100') easement for the overhead electric power distribution system. (Ord. 2098, 6-29-2015)
4. Parcel D: Unless otherwise provided for within this ordinance, the use regulations and provisions set forth in title 9 of the City Code for the Open Space District shall apply to the property within Parcel D as shown on the sketch plan, except as shall be further provided herein.
a. All land uses other than prairie landscaping or similar natural areas or stormwater detention shall be prohibited. Improvements such as trails, walking paths, or other amenities for the nearby residential developments is encouraged. Ownership and maintenance will remain private; not to be owned or maintained by the City. (Ord. 2228, 6-12-2017)
5. Parcels E, F, G And H: All general use regulations, performance standards and provisions set forth in title 9, "Zoning", of the City Code for the R-1 Single-Family Residential District shall apply to any development proposal for all property within Parcels E, F, G, and H as shown on the sketch plan of The Preserve On Grand PUD. (Ord. 2098, 6-29-2015; amd. Ord. 2228, 6-12-2017)
6. Parcel P: Reservation of park site. Parcel P as shown on the sketch plan of The Preserve On Grand PUD is agreed to be reserved for acquisition by the City for public and park use prior to or within one hundred eighty (180) days from the time development is initiated within adjoining Parcel C of the PUD or within five (5) years of the passage of this ordinance, whichever is first. Parcel P shall be up to six (6) acres in area including drainageways. The park land shall be conveyed by warranty deed, free and clear of any and all liens and encumbrances (except special assessments for public projects) including all judgments, attachments, mechanics and other liens, to the City of West Des Moines subject to any easements and covenants filed of record on or prior to January 1, 1990. (Ord. 916, 7-23-1990; amd. Ord. 2098, 6-29-2015; Ord. 2228, 6-12-2017)
a. The value of the land to be purchased by the City for park use shall be established at the time of purchase of said property by the City and shall be based upon the property's current fair market value as undeveloped R-1 zoned property. If possible, the current fair market value shall be determined by mutual agreement between the City Council and owner. If an agreement on the current fair market value cannot be mutually reached by the parties, such value shall be determined by the parties appointing a real estate appraiser with qualifications of an MAI with the cost of the appraisal being equally shared by the City and the developer. Any part of Parcel P which the owner shall utilize for stormwater detention or drainageway purposes as required by the City of West Des Moines shall not be included as part of the cost to the City for purchase of the park site. The developer of Parcel G shall be responsible for the cost of drainage channel construction along the west boundary of this parcel in accordance with engineering plans approved by the City.
b. The owner shall maintain Parcel P substantially in its existing condition as of the date of the approval of this ordinance. Furthermore the owner, its successors, transferees and assigns shall agree not to excavate dirt or soil from Parcel P, or place fill upon Parcel P, except in accordance with plans approved by the City of West Des Moines. Parcel P shall be free of junk or debris at the time of transference of ownership and title from the owner to the City of West Des Moines, Iowa. (Ord. 916, 7-23-1990; amd. Ord. 2098, 6-29-2015)