Whereas, title 9 of the city code includes chapter 9, PUD planned unit development district and establishes certain regulations and guidelines pertaining to accompanying information required on a plat, site plan and permitted conditional use documents.
A. Now, therefore, the following conditions, restrictions, and regulations are adopted as part of this approval and the following general site plan criteria shall be integrated into and made a part of the development criteria for the Maple Grove North PUD, to wit:
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, 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, storm water 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.
B. Land Use Design Criteria: In addition to the general conditions requirement stated within this document, the following land use design criteria shall apply to the development areas designated by parcel on the sketch plan. The sketch plan document referred to in Section 046-02 of this Ordinance delineates four (4) parcels of the PUD, each denoted with a specific parcel number, for application of specific standards of land use and development regulations. The following development standards and use regulations shall apply to development within each of the individual parcels, or portion of a parcel, as applicable.
1. Parcel 1: 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 Parcel 1 as shown on the sketch plan of the Maple Grove North PUD, unless noted otherwise in this Ordinance. Parcel 1 shall incorporate a maximum of fifteen (15) acres.
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 Parcel 1 shall be in accordance with the setback and bulk density regulations chapter of the West Des Moines Zoning Ordinance. All parking lot setbacks within Parcel 1 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 this parcel 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').
Drive-throughs, except grocery pick up drive, banks, dry cleaners and drug stores with appropriate screening and buffering, shall be prohibited in this parcel. 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.
b. Architecture: This parcel 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. Pedestrian Access: Pedestrian access shall be provided from Parcel 1 to the residential uses developed or to be developed within Parcels 2 and 3. The design and/or location of the pedestrian walkways shall be determined at site plan development. The intent of this requirement is to discourage the use of motorized vehicles for residents of the parcels 2 and 3 desiring to frequent the commercial uses within parcel 1 and to encourage pedestrian accessibility. The maintenance of any pedestrian access proposed on private property shall be the responsibility of the property owner. (Ord. 1273, 10-20-1997)
d. 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 thirty foot (30') buffer park shall be established along the south boundary line of parcel 1 to screen the commercial uses from the adjoining residential districts. Landscaping and berming of the buffer park shall be provided in accordance with the West Des Moines buffer ordinance. (Ord. 1998, 8-19-2013)
2. Parcel 2: All general use regulations and provisions set forth in title 9, "Zoning", of the city code for the RH residential high density district shall apply to any development proposal for all property within parcel 2 as shown on the sketch plan of the Maple Grove North PUD, unless noted otherwise in this ordinance. Parcel 2 shall include approximately eighteen and seven-tenths (18.7) acres, with a maximum of three hundred thirty seven (337) dwelling units permitted (18 dwelling units per acre).
a. Development Standards: Allowed uses shall include all permitted and permitted conditional (Pc) uses within the RH residential high density district. All building heights and setbacks within parcel 2 shall be in accordance with the setback and bulk density regulations chapter of the West Des Moines zoning ordinance. All parking lot setbacks within parcel 2 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 this parcel 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').
b. Architecture: Architecture for residential development in parcel 2 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. The use of brick elements shall be incorporated into the building architecture on all sides of the structure, unless the city council, after recommendation by the planning and zoning commission, shall determine that the use of alternate building materials enhances the physical appearance.
c. Pedestrian Access: Pedestrian access shall be provided from parcel 2 to the commercial uses developed within parcel 1 and the residential uses developed within parcel 3. The design and/or location of the pedestrian walkways shall be determined at site plan development. The intent of this requirement is to discourage the use of motorized vehicles for residents of the parcels 2 and 3 desiring to frequent the commercial uses within parcel 1 and to encourage pedestrian accessibility. The maintenance of any pedestrian access proposed on private property shall be the responsibility of the property owner.
d. Buffering: A thirty foot (30') buffer park shall be established between parcels 2 and 3a, to screen the high density residential land use from the medium density residential land use, with the burden of the provision of the buffer being upon whichever parcel develops first. In addition, a thirty foot (30') buffer park shall be established along the east and west boundary lines of parcel 2, to screen the high density residential land use from the single-family residential, manufactured housing districts and the minor arterial street. The developer shall coordinate with the property owner to the west to provide the berming and landscaping of the buffer park on the west side of parcel 2 in conjunction with the berming and landscaping required for the thirty foot (30') buffer park on the east side of parcel C in the 98th Street PUD. Landscaping and berming of the buffer park shall be provided in accordance with the West Des Moines buffer ordinance.
3. Parcel 3a: All general use regulations and provisions set forth in title 9, "Zoning", of the city code for the RM residential medium density district shall apply to any development proposal for all property within parcel 3a as shown on the sketch plan of the Maple Grove North PUD, unless noted otherwise in this ordinance. Parcel 3a shall include approximately fourteen and one-half (14.5) acres, with a maximum of one hundred nine (109) dwelling units permitted at a maximum overall density of seven and one-half (7.5) dwelling units per acre.
a. Development Standards: Allowed uses shall include all permitted and permitted conditional (Pc) uses within the RM residential medium density district. All building heights and setbacks within parcel 3a shall be in accordance with the setback and bulk density regulations chapter of the West Des Moines zoning ordinance unless noted otherwise in this ordinance. A minimum twenty five foot (25') building setback shall be provided from the ultimate right of way of the public street through parcel 3a as shown on the sketch plan, provided that no unit shall have direct access to the public street. Any units with direct access to the public street would need to comply with the RM residential medium density district setbacks. A minimum fifty foot (50') building setback shall be required from the ultimate right of way of 90th Street. No garage opening be located closer than twenty five feet (25') from a public street, private street or shared driveway. The minimum required open space in this parcel shall be twenty five percent (25%) of the project area, plus ten percent (10%) of the paved area.
b. Pedestrian Access: Pedestrian access shall be provided from parcel 3a to the future commercial uses to be developed within parcel 1 and the residential uses to be developed within parcel 2. The design and/or location of the pedestrian walkways shall be determined at site plan development. The intent of this requirement is to discourage the use of motorized vehicles for residents of the parcels 2, 3a, and 3b desiring to frequent the commercial uses within parcel 1 and to encourage pedestrian accessibility. The maintenance of any pedestrian access proposed on private property shall be the responsibility of the property owner.
c. Buffering: A thirty foot (30') buffer park shall be established between parcels 2 and 3a, to buffer the high density residential land use from the medium density residential land use, with the burden of the provision of the buffer being upon whichever parcel develops first. In addition, a thirty foot (30') buffer park shall be established along the east, west and south boundary lines of parcel 3a, to screen the medium density residential land use from the single-family residential and manufactured housing districts. The developer shall coordinate with the property owner to the west to provide the berming and landscaping of the buffer park on the west side of parcel 3a in conjunction with the berming and landscaping required for the thirty foot (30') buffer park on the east side of parcel C in the 98th Street PUD. Landscaping and berming of the buffer park shall be provided in accordance with the West Des Moines buffer ordinance.
4. Parcel 3b: All general use regulations and provisions set forth in title 9, "Zoning", of the city code for the RS residential single-family district shall apply to any development proposal for all property within parcel 3b as shown on the sketch plan of the Maple Grove North PUD, unless noted otherwise in this ordinance. Parcel 3b shall include approximately twenty three (23) acres.
a. Development Standards: Allowed uses shall include all permitted and permitted conditional (Pc) uses within the RS residential single-family district. All building heights and setbacks shall be in accordance with the setback and bulk density regulations chapter of the West Des Moines zoning ordinance, unless noted otherwise in this ordinance. The minimum lot width within parcel 3b shall be fifty five feet (55'). The minimum lot size shall be six thousand six hundred (6,600) square feet. The minimum front yard building setback shall be thirty feet (30'). The minimum side yard building setback shall be five feet (5'), provided that no part of any structure shall be located closer than five feet (5') from the property line.
b. Pedestrian Access: Pedestrian access shall be provided from parcel 3b to the commercial uses developed within parcel 1 and the residential uses developed within parcels 2 and 3a. The design and/or location of the pedestrian walkways shall be determined at the time of platting. The intent of this requirement is to discourage the use of motorized vehicles for residents of the parcels 2, 3a and 3b desiring to frequent the commercial uses within parcel 1 and to encourage pedestrian accessibility.
c. Buffering: A thirty foot (30') buffer park easement shall be established along the east and west boundary lines of parcel 3b, to screen the single-family residential land use from the manufactured housing district to the west and 90th Street to the east. The developer shall coordinate with the property owner to the west to provide the berming and landscaping of the buffer park on the west side of parcel 3b in conjunction with the berming and landscaping required for the thirty foot (30') buffer park on the east side of parcel C in the 98th Street PUD. Any double frontage lots within parcel 3b shall provide a thirty foot (30') buffer park easement in accordance with the West Des Moines buffer ordinance. In addition, a thirty foot (30') buffer park easement shall be established along the south boundary line of the PUD, to screen the single-family residential land use from the railroad. Fences shall be allowed to be constructed within the thirty foot (30') buffer park easement along the south boundary of the PUD provided that the fences are constructed on the side and rear property lines only, and all fences are consistent in material and appearance. Landscaping and berming of the buffer parks shall be provided in accordance with the West Des Moines buffer ordinance.
5. Parcel 4: Due to its location east of 90th Street and its physical proximity to undeveloped properties east of said street, parcel 4 shall be designated as open space at this time. It is intended that parcel 4 be rezoned and developed in conjunction with the undeveloped property to the east at a future date. At the time that zoning is established for the property to the east, this parcel shall be rezoned to be consistent with it. No development of any type shall be permitted on this parcel until the zoning of the property has been finalized and the appropriate entitlement permit process(es) completed. (Ord. 1273, 10-20-1997)
6. Parcel 5: All general use regulations and provisions set forth in title 9, "Zoning", of the city code for the CMC community commercial district shall apply to any development proposal for all property within parcel 5 as shown on the sketch plan of the Maple Grove North PUD, unless noted otherwise in this ordinance. Parcel 5 shall incorporate a maximum of 4.42 acres.
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 parcel 1 shall be in accordance with the setback and bulk density regulations chapter of the West Des Moines zoning ordinance. All parking lot setbacks within parcel 1 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 this parcel 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').
Drive-throughs, except grocery pick up drive-throughs, banks, dry cleaners, and one restaurant or one coffee shop up to two thousand eight hundred (2,800) square feet gross floor area, and drugstores with appropriate screening and buffering, shall be prohibited in this parcel. 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.
b. Architecture: This parcel shall be developed with each building compatible in design and use of materials so as to appear as a single unified development with parcel 1. 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. Pedestrian Access: Pedestrian access shall be provided from parcel 5 to the residential uses developed or to be developed within parcels 2 and 3 and to the development in parcel 1. The design and/or location of the pedestrian walkways shall be determined at site plan development. The intent of this requirement is to discourage the use of motorized vehicles for residents of the parcels 2 and 3 desiring to frequent the commercial uses within parcel 5 and to encourage pedestrian accessibility. The maintenance of any pedestrian access proposed on private property shall be the responsibility of the property owner.
d. Buffering: Adequate buffering of negative aspects of commercial buildings (loading docks, garbage dumpsters, HVAC mechanical units and drive-throughs) 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 thirty foot (30') buffer park shall be established along the south boundary line of parcel 5 to screen the commercial uses from the adjoining residential districts. Landscaping and berming of the buffer park shall be provided in accordance with the West Des Moines buffer ordinance. (Ord. 1998, 8-19-2013)