Whereas, Title 9 of the West Des Moines 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 Valley Green PUD, to wit:
1. This PUD was established for this property as a City-initiated in-fill housing project aimed at creating affordable, owner-occupied, housing for seniors fifty five (55) years of age or older.
a. Any and each residential dwelling located within this PUD shall be occupied by a senior person or senior persons fifty five (55) years of age or older, and their family, if applicable. This restriction shall run with the land within this PUD in perpetuity unless this restriction is specifically removed by the City of West Des Moines.
b. Any and each residential dwelling located within this PUD shall be owner-occupied for a period no less than ten (10) years from the date of the first occupancy of each unit. For the purpose of family estate planning, the term owner-occupied may include ownership of the dwelling unit by an immediate family member of the fifty five (55) years of age or older person or persons residing at the residence.
c. The owner/developer shall be responsible for compliance with the Fair Housing Act.
2. 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.
3. 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.
4. 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.
5. 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, which is made a part of this document by reference in Section 050-02 of this Ordinance, delineates one parcel within the PUD, denoted as Parcel A, for application of specific standards of land use and development regulations. The following development standards and use regulations shall apply to development within said Parcel A, or portion of said parcel, as applicable.
1. Parcel A: All general use regulations and provisions set forth in Title 9, Zoning, of the West Des Moines City Code for the RM-9-CP Residential Medium-Density District shall apply to any development proposal for all property within Parcel A as shown on the sketch plan of the Valley Green PUD, unless noted otherwise in this Ordinance. Parcel A shall incorporate a maximum net developable acreage of one and thirty-eight hundredths (1.38) acres with a density no greater than eight (8) dwelling units per acre.
a. Development Standards: Allowed uses within this parcel shall be limited to those uses listed for the RM-8-CP Residential Medium-Density District as outlined in the residential use matrix in the West Des Moines City Code unless otherwise modified herein.
All building heights and setbacks within Parcel A shall be in accordance with the setback and bulk density regulations of the West Des Moines Zoning Ordinance for the RM-8-CP Residential Medium-Density District unless otherwise herein modified.
b. Platting: Parcel A shall be subdivided, per State and City Code, into eleven (11) postage stamp type lots a minimum forty five feet (45') long by twenty eight feet (28') wide. In no case shall any postage stamp type lot be located closer than fifteen feet (15') of the perimeter property line of Parcel A.
Parcel A shall also be subdivided, per State and City Code, with eleven (11) garage lots a minimum twenty feet (20') long by eleven feet (11') wide. In no case shall any garage lot be located closer than twenty five feet (25') of the perimeter property line of Parcel A.
Said garage lots shall only be allowed for the construction of a single stall garage or an uncovered parking stall. Said garage lots shall be permanently attached to each corresponding postage stamp type lot and shall not be sold separately. Each garage must be used by the owner of each corresponding postage stamp lot and shall not be sold, leased, or rented to any other for purposes of storage or other use.
The remaining common area shall be platted as a common area outlot.
c. Setbacks: Single-family attached dwelling units may be constructed on platted postage stamp type lots with no required setbacks within said postage stamp type lots. Said single-family attached dwelling units may be constructed within twenty five feet (25') of the perimeter property line of Parcel A. In no case shall any dwelling unit encroach into any required buffer park.
The minimum required separation between principal structures shall be twenty feet (20').
Garages maybe constructed on the garage lots with no required setbacks within said garage lot. In no case shall any garage be located closer than twenty five feet (25') of the perimeter property line of Parcel A.
The minimum required separation between principal and nonprinciple structures shall be twenty feet (20').
d. Fences: Fences up to four feet (4') in height may be constructed within the property lines of each postage stamp type lot. In no case shall any fence or part of any fence be located closer than fifteen feet (15') from the perimeter property line of Parcel A and shall not block or cause any traffic visual hazards. All fences shall be constructed of wood and shall be uniform throughout Parcel A and/or as required in any homeowners association or restrictive covenants.
e. Patios/Decks: Uncovered patios and decks may be constructed within the property line of each postage stamp type lot. In no case shall any patio or deck or part of any patio or deck be located closer than fifteen feet (15') from the perimeter property line of Parcel A.
f. 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 shall be consistent with the surrounding area.
g. Pedestrian Access: Public sidewalks shall be provided along all public street rights-of-way. Connections shall also be made between said public sidewalks and internal sidewalks. The design and/or location of the pedestrian walkways and sidewalks shall be determined at the site plan or permitted conditional use permit development review process.
h. Buffering: Adequate buffering of negative aspects of commercial buildings (garbage dumpsters and HVAC mechanical units) from any public street and adjoining properties shall be required.
A thirty foot (30') buffer park shall be established along the west property line of Parcel A. To screen the existing single-family dwellings to the west of said parcel from this multi-family development, per City Code. Landscaping and berming of the buffer park shall be provided in accordance with the West Des Moines Buffer Ordinance at a rate of one-half (1/2) of the landscaping requirements for a thirty foot (30') buffer park.
No buildings, fences, playground equipment, dog runs, animal shelters, or other structures shall be constructed within the buffer park except as provided herein. (Ord. 1320, 7-13-1998)