Whereas, title 9, "Zoning", chapter 9 of the city code, establishes certain regulations and guidelines pertaining to the planned unit development district and accompanying information required on plat and site plan documents.
Now, therefore, the following conditions, restrictions, and regulations are adopted as part of this approval, to wit:
A. General Conditions: The sketch plan incorporates single-family residential, medium density residential, high density residential, and commercial/office/retail land uses which shall be distributed by area, types and location according to the sketch plan and this ordinance.
In addition, the following general development criteria shall be integrated into and made a part of this planned unit development district ordinance and sketch plan approval:
1. All subdivisions, public streets, public streets 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 shall 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 two feet (2') 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, stormwater 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's 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 by the provisions of the city code.
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 within the PUD. The following development standards and use regulations shall apply to development within each of the individual parcels, or portions of said parcel, as applicable:
1. Parcel A: All general use regulations and provisions set forth in title 9, "Zoning", of the city code for residential medium-density district (RM-11 and RM-12) shall apply to any development proposal for property within parcel A, unless noted otherwise in this ordinance. The western 4.025 acres of parcel A shall be designated as residential medium-density (RM-11) and limited to a maximum of forty three (43) dwelling units. The remainder of parcel A shall abide by residential medium-density (RM-12) regulations.
a. Setbacks: All residential structures and garages shall comply with all general use regulations and provisions set forth in title 9, "Zoning", of the city code for residential medium-density district (RM-12), unless noted otherwise within this section.
Unless otherwise required per city code to provide a larger front yard setback, all buildings shall be set back a minimum of fifty feet (50') from E.P. True Parkway and Century Drive and thirty five feet (35') from the perimeter boundary of parcel A. Interior setbacks between lots within parcel A shall be set back in accordance with title 9, chapter 7, table 7.3 of the city code. If the property abuts a private street, any residential structure shall be allowed to be located no closer than fifteen feet (15') from the back of a curb or back of a sidewalk. Garages shall comply with a front yard setback of twenty five feet (25'), to be measured from the garage opening to the back of a curb or sidewalk whichever is more restrictive.
b. Buffers: A minimum thirty foot (30') buffer park shall be required between parcel A and parcel D.
2. Parcel B: Land uses allowed within parcel B shall be permitted in accordance with all general use regulations and provisions set forth in title 9, "Zoning", of the city code for the Residential High Density District (RH-14), unless noted otherwise elsewhere herein this ordinance.
a. Setbacks: The building setback along 88th Street shall be reduced by forty feet (40'). All other setback requirements for Parcel B shall comply with the provisions set forth in title 9, "Zoning", of the city code.
b. Buffers: A minimum thirty foot (30') buffer park shall be required along E.P. True Parkway, Century Drive, and 88th Street along with a thirty foot (30') buffer park between parcel B and parcel A. All buffer parks shall be planted in accordance with at least the minimum city code requirements for a thirty foot (30') buffer. The provision, design, and location of a six foot (6') fence shall be considered at the time of site plan development of this parcel to determine if it is needed to provide adequate screening from adjoining residential uses. Said fence shall be in lieu of minimum required buffer plantings; however, vegetation may still be required to soften the visual presence of the fence. Said fence shall be constructed with decorative columns of brick or stone twenty four inches (24") or greater in width and depth and located no greater than sixty feet (60') on center. Typical fence post of the same material as the fence may be utilized as necessary in between the support columns.
c. Outdoor Use Areas: Outdoor use areas, i.e., sitting and gathering areas shall be encouraged. Light standards shall be limited to a maximum of twenty five feet (25') and the use of any wall pack lighting without shields on buildings shall be strictly prohibited. The provision of bicycle parking should be considered to be provided.
3. Parcel C: All general use regulations and provisions set forth in title 9, "Zoning", of the city code for residential high-density district (RH-18) shall apply to any development proposal for property within parcel C as shown on the sketch plan of the Robel Farm PUD, unless noted otherwise in this ordinance.
a. Setbacks: All residential structures and garages shall comply with a required front yard building setback of thirty five feet (35') along Century Drive and a fifty foot (50') front yard building setback along 88th Street. A thirty five foot (35') building setback will be required to be maintained along the south and east boundaries of the parcel. The required thirty five foot (35') building setback on the east side of the parcel shall be measured from the easement line of the thirty foot (30') trail and sanitary sewer easement.
b. Buffers: A minimum thirty foot (30') buffer park shall be required along 88th Street. A thirty foot (30') buffer park shall be required to be provided between parcel C and parcels A and B. The location and installation of the required thirty foot (30') buffer park between parcel C and parcels A and B shall be determined at the time a development plan is submitted for either of these parcels. A twenty foot (20') buffer park shall be required to be provided between parcel C and parcel D. The twenty foot (20') buffer park will be required to be planted at two-thirds (2/3) of the planting requirements of a thirty foot (30') buffer park. The twenty foot (20') buffer park will not be allowed to overlap the thirty foot (30') pedestrian easement granted to the city for purposes of the location of a public trail.
The use of retaining walls will be permitted within the thirty foot (30') buffer parks along Century Drive and 88th Street. However, any retaining wall shall be constructed out of a decorative block, brick or stone material which design visual interest and enhances the aesthetics of the site. Adequate landscaping and screening materials will need to be provided to comply with the intent of the buffer ordinance where the required berming cannot be provided for any area of a required buffer park that is used for purposes of stormwater detention and will be reviewed at the time that a development site plan is submitted. Screening materials will also need to be provided in those areas deficient of the required berming to screen any negative elements, i.e., parking, mechanical units, etc.
c. Park Pedestrian Access Easement: At the time of platting, a thirty foot (30') pedestrian access easement shall be provided along the east boundary of parcel C and dedicated to the city for purposes of providing a public access from the public park located to the south of parcel C. The maintenance of the accessway shall be the responsibility of the property owners' association or acceptable alternative to the city. The required pathway will not be allowed to be located within the required twenty foot (20') buffer park located on the east boundary of parcel C.
4. Parcel D: All general use regulations and provisions set forth in title 9, "Zoning", of the city code for residential single-family district (RS-8) shall apply to any development of parcel D.
a. Setbacks: All residential structures and garages shall comply with all general use regulations and provisions set forth in title 9, "Zoning", of the city code for residential single-family district (RS-8). A perimeter building setback of thirty five feet (35') shall apply to any structure within parcel D. If the property abuts a private street, the front setbacks shall be thirty five feet (35') measured from the back of the curb.
b. Park Pedestrian Access Easement: At the time of platting, a thirty foot (30') pedestrian access easement shall be provided at the south boundary of parcel D, as depicted on the sketch plan and dedicated to the city for purposes of providing a public access from the public park located to the south of parcel D. The maintenance of the accessway shall be the responsibility of the property owners' association or acceptable alternative to the city.
c. Other Special Provisions: No driveway access from an individual dwelling unit shall be permitted directly on 81st Street. The layout of streets within this parcel shall be established with the platting of the property prior to any development.
5. Parcel E: All general use regulations and provisions set forth in title 9, "Zoning", of the city code for single-family residential district (R-1) shall apply to any development proposal for all property within parcel E, unless noted otherwise herein.
a. Setbacks: Building setbacks for primary and detached structures as required by city code for the R-1 single-family residential district shall be provided. Required front, rear and side yard setbacks for all lots shall be measured from the interior or private side of a buffer park easement boundary with the exception of lots 1 and 18. Because no driveway access is allowed from 81st Street, for these lots only, the setback required along 81st Street shall be allowed to overlap the thirty foot (30') buffer park easement provided.
(1) Lot 1: The rear building setback line shall be located one hundred thirty feet (130') south of the northern property line. The distance between the front thirty foot (30') setback and this rear building line shall make up the building envelope in which the dwelling structure and any attached accessory structures shall be located.
b. Buffers:
(1) Double Frontage Lots And Adjacent Corner Lots: A minimum thirty foot (30') buffer park easement shall be provided along the rear lot line of lots 12-15, the northern lot line of lot 11, and along the east lot line of lots 1 and 18. The buffer located along lot 1 shall terminate at a point one hundred thirty feet (130') south of the northern property line of lot 1. Earthen berms in combination with the minimum landscape vegetation requirements as specified in title 9, chapter 19, "Landscaping", of the city code for the designated width of the buffer shall be implemented with the exception of the buffer located along lot 1. Due to the overlap with a public utility easement, this buffer shall not implement the overstory and evergreen trees otherwise required. Understory trees and shrubs shall be implemented in a quantity as required otherwise within city code. No structures, sheds, gazebos, play structures, fences, etc., shall be located within any buffer park easement area.
(2) Western Boundary Parcel E: No buffer shall be required along the western boundary of parcel E including the west property line of lot 11.
6. Parcel F: All general use regulations and provisions set forth in title 9, "Zoning", of the city code for residential medium-density district (RM-12) shall apply to any development proposal for all property within parcel F, unless noted otherwise herein.
a. Setbacks: All residential structures and garages shall comply with all general use regulations and provisions set forth in title 9, "Zoning", of the city code for residential medium-density district (RM-12), unless noted otherwise within this section.
A perimeter building setback of thirty five feet (35') shall apply to any structure within parcel F. If the property abuts a private street, any residential structure shall be allowed to be located no closer than fifteen feet (15') from the back of a curb or back of a sidewalk. Garages shall comply with a front yard setback of twenty five feet (25'), to be measured from the garage opening to the back of a curb or sidewalk, whichever is more restrictive.
In the event that parcel F is developed for single-family detached townhomes, a side yard setback of seven feet (7') will be allowed, with the qualification that no part of any structure is closer than five feet (5') to a property line.
b. Buffers: A minimum thirty foot (30') buffer park shall be required along 81st Street, and a thirty foot (30') buffer park shall be required between parcel F and parcel D. The location and installation of the thirty foot (30') buffer park required between parcel F and parcel D, shall be determined at the time a development plan is submitted for any of these parcels. (Ord. 1573, 3-15-2004; Ord. 1671, 1-3-2006; Ord. 1953, 7-9-2012; Ord. 2036, 5-19-2014; Ord. 2408, 3-16-2020)