Whereas, title 9 of the city code includes chapter 9, planned unit development district and establishes certain regulations and guidelines pertaining to accompanying information required on plat and site plan documents.
A. General Conditions: 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 S And F/Karp PUD planned unit development, 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 of West Des Moines, the requirements of the city code are applicable and shall be enforced.
3. In all areas within a 100-year frequency flood hazard zone, or adjoining drainageways, and 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 drainageway, stormwater detention basin or pond. (Ord. 1357, 4-19-1999)
4. The owner, their successors and/or 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, or 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, improvements, detention basins, water mains, buffers and other improvements within parcels A, B, C, D, E, F, and Q of the S And F PUD as may be required.
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 document which is made a part of this rezoning action per section 010-02 of this ordinance, delineates eight (8) parcels of the PUD as parcels A, B, C, D, E, F, P, and Q 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.
1. Parcel A: All general use regulations and provisions set forth in title 9, "Zoning", of the city code for the RS-6 residential single-family district shall apply to any development in parcel A unless otherwise stated herein. Parcel A shall incorporate a maximum net developable acreage of twenty two (22) acres. (Ord. 1795, 1-2-2008)
a. Development Standards: Allowed uses shall include all permitted (P) and permitted conditional (PC) uses within the RS residential single-family district. 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 RS-6 residential single-family district unless otherwise herein modified.
b. Setbacks And Bulk Regulations: For single-family detached dwellings, the side yard setback shall be a minimum of five feet (5'). Minimum lot width within parcel A shall be restricted to fifty five feet (55') and the minimum lot size shall be six thousand (6,000) square feet. All lots within four hundred feet (400') of the right of way of Civic Parkway having a minimum sixty foot (60') lot width and a minimum lot size of seven thousand five hundred (7,500) square feet in size.
A minimum thirty foot (30') building setback shall be required from the one hundred foot (100') power line easement that bisects parcel A with no structure being permitted within thirty feet (30') of the established power line easement as illustrated on the sketch plan. During the platting of parcel A, the development will be required to, whereas possible, provide positive drainage away from all structures abutting the power line easement due to the sixteen inch (16") water trunk main that exists within said easement.
c. Nonresidential Uses: Any allowed nonresidential uses regulations:
(1) The setback from all property lines, public street right of way lines and buffer park easements shall be a minimum of fifty feet (50'). Detached garages shall be a minimum of thirty feet (30') from all property lines, public street right of way lines and buffer park easements.
(2) The maximum height shall be two (2) stories a maximum of thirty five feet (35') in height. Structures with a one hundred foot (100') or greater setback may be up to three (3) stories, a maximum of sixty feet (60') in height. The maximum height for garages shall be one story, a maximum of twenty feet (20') in height.
(3) Minimum separation between principal structures shall be thirty feet (30').
(4) Minimum separation between principal and accessory structures shall be twenty feet (20').
(5) Open space requirements shall be a minimum of twenty five percent (25%) of the site plus an additional ten percent (10%) of the paved parking area and all open space shall be landscaped as required by city code. (Ord. 1357, 4-19-1999)
d. Architecture: The architecture of any buildings, other than single-family detached residential structures and their related accessory structures, shall be acceptable to the city and be accomplished in a manner compatible with the adjoining residential uses in the neighborhood. Architectural design for these 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. All structures shall have pitched, residential type roofs with wood shakes or shingles, asphaltic type shingles, or tile roofing material. Each building shall at a minimum have brick and/or stone as a major element on all sides of the building structure. (Ord. 1357, 4-19-1999; amd. Ord. 1795, 1-2-2008)
2. Parcel B: All general use regulations, performance standards and provisions set forth in title 9, "Zoning", of the city code for the high-density residential district of the city of West Des Moines, shall apply to any development in parcel B. Parcel B shall be a maximum of fourteen (14) acres with no more than one hundred sixty eight (168) dwelling units permitted.
a. Development Standards: All multi-family units shall be effectively screened, as reasonably possible, from parcel A through the use of berming, landscaping and/or buffer wall construction. (Ord. 1679, 3-27-2006)
A minimum thirty five foot (35') building setback shall be required from the one hundred foot (100') power line easement that borders parcel B with no multi-family residential structure being permitted within fifty feet (50') of the established power line easement as illustrated on the sketch plan and no structure being permitted within thirty five feet (35') of said easement. (Ord. 1357, 4-19-1999)
3. Parcel C: All general use regulations, performance standards and provisions set forth in title 9 of the city code for the support commercial (SC) district shall apply to any development proposal for the property within parcel C as shown on the sketch plan, except as shall be further provided herein. This parcel shall encompass a maximum of three (3.0) acres.
a. Permitted Uses: Permitted uses within parcel C shall include all uses permitted within the support commercial (SC) district, except clothes cleaning and laundry pick up stations, convenience stores, launderettes, or variety stores shall be prohibited. Additionally, no drive-through facility or outdoor display or storage area shall be permitted within parcel C except a drive-through facility for a financial institution may be permitted.
b. Development Standards: Lot area, lot frontage and yard requirements shall comply with standards of the support commercial (SC) district unless otherwise stated herein.
Parking lots and buildings and/or structures shall be set back a minimum of sixty feet (60') from Civic Parkway. Parking lots shall be sufficiently screened, 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. Particular emphasis shall be placed upon the open space, landscaping and overall site design to effectively convey an attractive and aesthetically pleasing image of development within parcel C as the site relates to the Civic Parkway entryway from the future Interstate 35 interchange into the city of West Des Moines.
c. Architecture: The architectural design of any building shall be acceptable to the city, provided acceptance shall not be unreasonably withheld, and all buildings within the parcel shall attempt to express a creative presentation by careful attention to exterior building materials and details, use of fenestration, and change in building mass within the plan and roof design to lessen the plainness of appearance which can be characteristic of commercial buildings. Primary materials of the exterior shall be: curtain wall glass, face brick or stone or architectural metal panels. All sides of the building shall receive high quality materials, finishes, and details (360 degree architectural treatment). No wood, masonite, visible asphaltic exterior wall or roof material, aluminum siding, nonarchitectural sheet metal, concrete block, or other similar materials shall constitute a portion of any building exterior except as a trim material, unless the city council of West Des Moines, after review by the plan and zoning commission of West Des Moines shall determine said material when used as a primary element, enhances the physical appearance. (Ord. 2114, 9-21-2015)
4. Parcel D: Parcel D as shown on the sketch plan is agreed to be dedicated to the city for public and park use and platted with adjoining subdivision in parcel A or E, whichever is platted first, for inclusion within the neighborhood greenbelt park system. Parcel D shall be maintained by the developer prior to dedication to the city, except drainage, storm sewer, sanitary sewer or other required utilities or improvements may be constructed within parcel D upon review and approval by the city. Parcel D shall be a minimum of one hundred feet (100') in width and a minimum eight (8) acres in size unless otherwise approved by the parks and recreation department.
5. Parcel E: All general use regulations, performance standards and provisions set forth in article VII of ordinance 430 for the R-1 single-family residential district of the city of West Des Moines, shall apply to any development in parcel E.
a. Development Standards: A minimum thirty five foot (35') building setback shall be required from the one hundred foot (100') power line easement that bisects parcel E with no structure being permitted within thirty five feet (35') of the established power line easement as illustrated on the sketch plan. During the platting of parcel A the development will be required to, whereas possible, provide positive drainage away from all structures abutting the power line easement due to the sixteen inch (16") water trunk main that exists within said easement.
6. Parcel F: Parcel F as shown on the sketch plan is agreed to be dedicated to the city for public and park use and platted with adjoining subdivision in parcel E for inclusion within the neighborhood greenbelt park system. Parcel F shall be maintained by the developer prior to dedication to the city, except drainage, storm sewer, sanitary sewer or other required utilities or improvements may be constructed within parcel F upon review and approval by the city. Parcel F shall be a minimum of one hundred feet (100') in width except at the southwestern corner where it connects to Southwoods Knoll PUD.
7. Parcel P: Parcel P as shown on the sketch plan on file in the city, is agreed to be reserved for acquisition by the city for public and park use upon development of adjoining properties within the PUD. Parcel P shall be a minimum of approximately seven (7) acres in area and be provided a minimum of sixty feet (60') of public street frontage for vehicular access purposes and a minimum of fifty feet (50') of frontage onto parcel D for pedestrian access purposes and a minimum dimension perpendicular to the right of way of Civic Parkway shall be approximately two hundred fifty feet (250'). Additional minimum thirty foot (30') pedestrian access corridors extending to adjacent neighborhood areas may be required by the city as the properties are developed. The park land shall be conveyed by warranty deed free and clear of any and all liens and encumbrances including all judgments, attachments, mechanics and other liens.
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, plus the cost of providing paved street frontage, sanitary sewer and water service and grading. If possible, the current fair market value shall be determined by mutual agreement between the city council and developer. 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 developer. (Ord. 1357, 4-19-1999)
8. Parcel Q: All general use regulations, performance standards and provisions set forth in title 9, "Zoning", of the city code for the medium-density residential district of the city of West Des Moines, shall apply to any development in parcel Q unless otherwise herein modified.
a. Development Standards: Parcel Q shall be a maximum of fourteen (14) acres with no more than fifty (50) dwelling units permitted. Principal buildings may have no more than two (2) dwelling units per building.
(1) Buffers: All units shall be effectively screened as reasonably possible, from parcel A through the use of a thirty foot (30') buffer park on parcel Q with berming, landscaping and/or buffer wall construction by standards set forth in the zoning ordinance.
A thirty foot (30') buffer park is required along the east side of parcel Q to screen the medium- density residential units from the high-density residential development on the east side of South 41st Street. Screening shall be accomplished through the use of berming, landscaping and/or buffer wall construction by standards set forth in the zoning ordinance.
In addition to any other buffer park or buffer park easement required by city code, a minimum sixty foot (60') buffer park easement shall be required along Mills Civic Parkway with no driveway access to individual lots being permitted from Mills Civic Parkway. The minimum thirty foot (30') front yard setback shall each be measured from the sixty foot (60') buffer park easement with no fences or structures permitted within the buffer park easement. Prior to development within any part of parcel Q, a buffer plan shall be reviewed and approved by the city which illustrates the use of berms and tree plantings to effectively buffer the residential uses along Mills Civic Parkway from Mills Civic Parkway.
(2) Setbacks: A minimum thirty foot (30') building setback shall be required from the one hundred foot (100') power line easement that bisects parcel Q with no structure being permitted within thirty feet (30') of the established power line easement as illustrated on the sketch plan. During the site planning of parcel Q, the development will be required to, whereas possible, provide positive drainage away from all structures abutting the power line easement due to the sixteen inch (16") water trunk main that exists within said easement.
Buildings shall maintain a minimum separation of fourteen feet (14') to be measured from the foundation wall. In no case shall any part of any building be allowed to be located closer than five feet (5') from an interior side yard property line including a postage stamp lot line except where the property line is a common party wall in which case the setback is zero feet (0'). All privately owned structures must be contained within the postage stamp lot unless specifically allowed by the homeowners' association. Uncovered porches at or near ground level decks may encroach into the thirty foot (30') perimeter setback, but in no case shall they be located closer than twenty feet (20') from property lines, provided they shall not encroach into any required buffer.
(3) Postage Stamp Lots: Postage stamp lots will be allowed with the establishment of a homeowners' association of which each lot has an ownership interest. An operation and easement declaration (OEA) shall be established by the developer for the property encompassing any development utilizing postage stamp lots. The OEA shall identify requirements for the ongoing upkeep and maintenance of any privately owned common grounds, structures and signs and any other specific development improvements required by the developer in this ordinance.
b. Architecture: The intent is to create building facades that are varied and articulated to provide visual interest to pedestrians and homeowners. Buildings shall be proportioned and defined by clear facade elements such as a base, middle, and top.
c. Materials: The use of brick, acceptable stone or masonry shall be incorporated into the building architecture on all sides of the structure, unless the director of development services determines that the use of alternate building materials enhances the physical appearance and accomplishes a compatible structure with the overall development. Smooth faced concrete block, tilt up concrete panels, or prefabricated steel panels are prohibited as the predominant exterior building materials. (Ord. 1795, 1-2-2008)