Whereas, title 9, 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.
The development of any parcel shall be designed within the parameters as set in the total land use that was used for purposes of the traffic study and sanitary sewer analysis for the area.
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 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 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, 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'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: (Ord. 1610, 10-25-2004)
1. Parcel A: The owner/developer shall include approximately seventeen (17) acres to be reserved for the acquisition and development as a school for the Waukee School District and shall be required to be platted at the time that any portion of parcel C is platted.
The developer will also need to grant public access easements within parcel C, at locations acceptable to the city, to provide locations for pedestrian connections to the school site with the platting of parcel C.
The development standards for the property shall comply with the minimum standards for the single-family residential district (RS-8).
2. Parcel B: The owner/developer shall reserve for dedication to the city that ground designated as parcel B as shown on the sketch plan on file in the city, for active park and open space use at no cost to the city of West Des Moines. The developer will also need to dedicate public access lots within parcel C, at locations acceptable to the city, to provide locations for pedestrian connections to the park site with the platting of parcel C. Said area shall be platted and dedicated to the city free of any liens, encumbrances, and assessments with the platting of any portion of parcel A or C which abuts parcel B, no later than December 31, 2005. The developer will be responsible for the grading and seeding of parcel B prior to official dedication and installed per city specifications and approval.
The total required street right of way of the future public east/west street along the north boundary of parcel B, between 92nd Street and 98th Street, will be dedicated by the developer to the city at no cost at the time of platting. The improvements will be installed by the developer at the same time as those in parcels A and C.
All land for street right of way and all street, sidewalk, water, storm, sanitary sewer improvements, including sanitary, storm sewer, and water stubs at the property line, abutting parcel B shall be provided by the developer to the city at no cost to the city.
The development standards for the property shall comply with the minimum standards for the single-family residential district (RS-8). (Ord. 1633, 5-23-2005)
3. Parcel C: All general use regulations and provisions set forth in title 9, "Zoning", of the city code for single-family residential district (RS-8) with a minimum lot size of eight thousand (8,000) square feet shall apply to any development proposal for property within parcel C as shown on the sketch plan of the South Maple Grove PUD ordinance, unless noted otherwise in this ordinance.
a. Setbacks: All residential structures shall have a minimum front yard setback of thirty feet (30'). Lots located in parcel C west of 92nd Street may have a minimum lot width of sixty feet (60'). A twenty five foot (25') rear yard building setback shall be allowed for those double frontage lots that have frontage on a public street and a public street bulb as identified on exhibit C on file in the city. A minimum five foot (5') side yard building setback will be required. Any part of the structure, including cantilevers, overhangs, etc., will not be allowed to be any closer than five feet (5') to a property line.
Garage doors facing the public street shall be set back a minimum of thirty five feet (35'). A residence with a side loaded garage may be set back a minimum of twenty five feet (25') measured from the front property line. It is encouraged that the front walls of any garage be set back a minimum of five feet (5') from the front facade of the residential structure.
In those cases where the front wall of the garage extends more than ten feet (10') beyond the front wall of the residence, the width of the residence shall be required to be equal to or greater than the width of the garage unit and the garage elevations will be required to include a window element to lessen its dominance of the residential structure.
b. Architecture: Architectural design for single-family units shall attempt to express a creative presentation of exterior building materials, exterior details and texture, treatment of windows and doors, use of angles and multiplicity of planes within wall and roof design. Residential units should incorporate the use of brick, natural stone, roof materials that provide a wood shake appearance, decorative moldings, cornices, and trim elements, or combination of design materials that provide variation of architectural styles or elements.
Front porches shall have a usable area that is no less than five feet (5') in width and may be allowed to extend into the front yard building setback, but no closer than twenty feet (20') to the front property line.
c. Buffers: A thirty foot (30') buffer park easement shall be required to be provided for all double frontage lots. All required building setbacks shall be measured from the easement line of the required buffer park easement and setbacks shall be measured from the buffer park easement. No fences shall be allowed to be constructed within the area of the buffer park easement.
d. Landscaping: A minimum of one overstory tree shall be provided by the home builder within the front yard of each residential lot. The use of red maples shall be encouraged. Street trees will be permitted with the obtainment of a street tree permit. Street tree maintenance will be the responsibility of the property owner and shall not be planted any closer than five feet (5') to a curb. No tree shall be planted any closer than five feet (5') to a sidewalk. Trees will be maintained to provide a visual clearance of fourteen feet (14') over vehicle travel lanes, eight feet (8') above pedestrian travel lanes, and will be prohibited from being located within the site triangle of a public street intersection.
The use of any planting materials within the public right of way shall be in accordance with the provisions of the comprehensive urban forestry program of the city of West Des Moines. (Ord. 1754, 5-21-2007)
4. Parcel D: 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 the property located within parcel D, unless noted otherwise herein.
a. Density: Parcel D shall incorporate approximately twelve (12) acres with a maximum of one hundred thirty two (132) dwelling units allowed. (Ord. 1654, 10-24-2005)
b. 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-10) shall apply, unless noted otherwise within this section.
A perimeter building setback of thirty five feet (35') shall apply to any structure within parcel D. 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, whichever is more restrictive. 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 sidewalk, whichever is more restrictive.
c. Buffers: A minimum thirty foot (30') buffer park shall be required to be provided along the boundary that abuts the Union Pacific Railroad right of way and along the entire southern boundary of parcel D at the time that a development plan is submitted for parcel D.
Landscaping and berming in the buffer park shall be provided in accordance with the West Des Moines buffer ordinance. No fences shall be allowed to be constructed within the thirty foot (30') buffer park area. (Ord. 1610, 10-25-2004)
5. Parcel E: All general use regulations and provisions set forth in title 9, "Zoning", of the city code for single-family residential district (RS-10) with a minimum lot size of ten thousand (10,000) square feet shall apply to any development proposal for property within parcel E as shown on the sketch plan of the South Maple Grove PUD ordinance, unless noted otherwise in this ordinance.
a. Setbacks: All residential structures shall have a minimum front yard setback of thirty feet (30'). A twenty five foot (25') rear yard building setback shall be allowed for those double frontage lots that have frontage on a public street and a public street bulb as identified on exhibit C on file in the city. A minimum five foot (5') side yard building setback will be required. Any part of the structure, including cantilevers, overhangs, etc., will not be allowed to be any closer than five feet (5') to a property line.
Garage doors facing the public street shall be set back a minimum of thirty five feet (35'). A residence with a side loaded garage may be set back a minimum of twenty five feet (25') measured from the front property line. It is encouraged that the front walls of any garage be set back a minimum of five feet (5') from the front facade of the residential structure.
In those cases where the front wall of the garage extends more than ten feet (10') beyond the front wall of the residence, the width of the residence shall be required to be equal to or greater than the width of the garage unit and the garage elevations will be required to include a window element to lessen its dominance of the residential structure.
b. Architecture: Architectural design for single-family units shall attempt to express a creative presentation of exterior building materials, exterior details and texture, treatment of windows and doors, use of angles and multiplicity of planes within wall and roof design. Residential units should incorporate the use of brick, natural stone, roof materials that provide a wood shake appearance, decorative moldings, cornices, and trim elements, or combination of design materials that provide variation of architectural styles or elements.
Front porches shall have a usable area that is no less than five feet (5') in width and may be allowed to extend into the front yard building setback, but no closer than twenty feet (20') to the front property line.
c. Buffers: A thirty foot (30') buffer park easement shall be required to be provided for all double frontage lots. All required building setbacks shall be measured from the easement line of the required buffer park easement.
No fences shall be allowed to be constructed within the thirty foot (30') buffer park easement area.
d. Landscaping: A minimum of one overstory tree shall be provided by the home builder within the front yard of each residential lot. The use of red maples shall be encouraged. Street trees will be permitted with the obtainment of a street tree permit. Street tree maintenance will be the responsibility of the property owner and shall not be planted any closer than five feet (5') to a curb. No tree shall be planted any closer than five feet (5') to a sidewalk. Trees will be maintained to provide a visual clearance of fourteen feet (14') over vehicle travel lanes, eight feet (8') above pedestrian travel lanes, and will be prohibited from being located within the site triangle of a public street intersection. (Ord. 1754, 5-21-2007)
6. Parcel F: (Rep. by Ord. 2034, 5-19-2014)
7. Parcel G: All general use regulations and provisions set forth in title 9, "Zoning", of the city code for single-family residential district (RS-8) with a minimum lot size of eight thousand (8,000) square feet shall apply to any development proposal for property within parcel G as shown on the sketch plan of the South Maple Grove PUD ordinance, unless noted otherwise in this ordinance.
a. Setbacks: All residential structures shall have a minimum front yard setback of thirty feet (30'). A twenty five foot (25') rear yard building setback shall be allowed for those double frontage lots that have frontage on a public street and a public street bulb as identified on exhibit C on file in the city. A minimum five foot (5') side yard building setback will be required. Any part of the structure, including cantilevers, overhangs, etc., will not be allowed to be any closer than five feet (5') to a property line.
Garage doors facing the public street shall be set back a minimum of thirty five feet (35'). A residence with a side loaded garage may be set back a minimum of twenty five feet (25') measured from the front property line. It is encouraged that the front walls of any garage be set back a minimum of five feet (5') from the front facade of the residential structure.
In those cases where the front wall of the garage extends more than ten feet (10') beyond the front wall of the residence, the width of the residence shall be required to be equal to or greater than the width of the garage unit and the garage elevations will be required to include a window element to lessen its dominance of the residential structure.
b. Architecture: Architectural design for single-family units shall attempt to express a creative presentation of exterior building materials, exterior details and texture, treatment of windows and doors, use of angles and multiplicity of planes within wall and roof design. Residential units should incorporate the use of brick, natural stone, roof materials that provide a wood shake appearance, decorative moldings, cornices, and trim elements, or combination of design materials that provide variation of architectural styles or elements.
Front porches shall have a usable area that is no less than five feet (5') in width and may be allowed to extend into the front yard building setback, but no closer than twenty feet (20') to the front property line.
c. Buffers: A thirty foot (30') buffer park easement shall be required to be provided for all lots having more than one frontage on a public street. All required building setbacks shall be measured from the easement line of the required buffer park easement. All side loaded single-family residential lots that abut an arterial street shall be buffered with a thirty foot (30') buffer park.
No fences shall be allowed to be constructed within the thirty foot (30') buffer park easement area.
d. Landscaping: A minimum of one overstory tree shall be provided by the home builder within the front yard of each residential lot. The use of red maples shall be encouraged. Street trees will be permitted with the obtainment of a street tree permit. Street tree maintenance will be the responsibility of the property owner and shall not be planted any closer than five feet (5') to a curb. No tree shall be planted any closer than five feet (5') to a sidewalk. Trees will be maintained to provide a visual clearance of fourteen feet (14') over vehicle travel lanes, eight feet (8') above pedestrian travel lanes, and will be prohibited from being located within the site triangle of a public street intersection. (Ord. 1932, 9-19-2011)
8. Parcel H: 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 H as shown on the sketch plan of the South Maple Grove PUD ordinance, unless noted otherwise within this section.
a. Density: Parcel H shall incorporate approximately sixteen (16) acres with a maximum of two hundred twenty six (226) dwelling units allowed.
b. Setbacks: A perimeter building setback of thirty five feet (35') shall apply to any structure within parcel H. 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, whichever is more restrictive. However, an additional twelve feet (12') of height may be allowed for each additional ten feet (10') of setback.
In addition, for any building abutting a private street, 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.
c. Buffers: A minimum thirty foot (30') buffer park shall be required to be provided along the entire north, south, and west boundaries of parcel H. No fences shall be allowed to be constructed within the thirty foot (30') buffer park area. (Ord. 1610, 10-25-2004)
9. Parcel I: 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 the property located within parcel I, unless noted otherwise herein.
a. Density: Parcel I shall incorporate approximately eleven (11) acres with a maximum of one hundred thirty four (134) dwelling units allowed. (Ord. 1654, 10-24-2005)
b. Setbacks: A perimeter building setback of thirty five feet (35') shall apply to any structure within parcel I. 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, whichever is more restrictive. In addition, for any building abutting a private street, 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.
c. Buffers: A minimum thirty foot (30') buffer park shall be required to be provided between parcel I and parcel E along the north and east boundaries of parcel I, at the time that parcel I is developed. Landscaping and berming in the buffer park shall be provided in accordance with the West Des Moines buffer ordinance. No fences shall be allowed to be constructed within the designated buffer park. (Ord. 1610, 10-25-2004)
10. Parcels F And J: 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 the property located within parcels F and J, unless noted otherwise herein.
a. Density: Parcel F shall incorporate approximately 13.6 acres with a maximum density of one hundred sixty (160) dwelling units. Parcel J shall incorporate approximately ten (10) acres with a maximum of one hundred eighteen (118) dwelling units allowed.
b. Setbacks: A perimeter building setback of thirty five feet (35') shall apply to any structure within parcels F and J. 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, whichever is more restrictive. In addition, for any building abutting a private street, 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.
c. Buffers: A minimum thirty foot (30') buffer park shall be required to be provided between parcel J and parcel G along the east boundary of parcel J and installed at such time that a development plan is submitted for parcel J. Landscaping and berming in the buffer park shall be provided in accordance with the West Des Moines buffer ordinance. (Ord. 2034, 5-19-2014)
No fences shall be allowed to be constructed within the designated buffer park. (Ord. 1610, 10-25-2004)