Unless provided otherwise in this ordinance, all general use regulations, performance standards and provisions set forth in title 9, “Zoning”, of the city code for the Office (OF), Support Commercial (SC) or Medium Density Residential (MD) Zoning Districts based on the attached sketch plan shall apply to any development within the Village on Jordan Creek Planned Unit Development. To the extent that the provisions of this section conflict with or are more restrictive than similar provisions provided elsewhere in the West Des Moines zoning ordinance, the provisions of this section shall control. The following land use design criteria, development standards, and landscaping regulations shall apply to parcels within the Village on Jordan Creek Planned Unit Development:
A. Parcel A: Parcels A is intended as a mixed-use building with commercial and office uses and multi-family residential apartment dwellings.
1. Permitted Uses: All permitted (P) and permitted conditional (PC) uses within the support commercial (SC) district shall be allowed with the approval of the appropriate review and approval body, except the following, which shall be prohibited:
a. Prohibited Uses: the following permitted and permitted conditional uses otherwise allowed in the Support Commercial (SC) District shall be prohibited:
SIC Code Use
0752 Animal Specialty Services - Overnight Boarding
0783 Ornamental Shrub and Tree Services
4225 Self Service Storage Facility
45-49 Transportation, Communication and Public Utilities
55 Automotive Dealer and Service Stations
5999 Engine and Motor Equipment and Supply Stores
70 Hotels, Rooming Houses, Camps, and Other Lodging Places
726 Funeral Service
75 Automotive Repair, Services, and Parking
7699 Recreational Vehicle Repair Services
7699 Agricultural Equipment Repair Services
7699 Misc. Automotive Repair Services
79 Amusement and Recreational Services
2. Density: The following density shall be permitted for the mixed-use building on Parcel A:
a. Residential Uses: The total number of dwelling units allowed shall not exceed one hundred ninety-nine (199) units.
b. Commercial Uses: The total combined gross area for commercial use(s) (restaurant, retail and office uses) within the development shall not exceed twenty-seven thousand two hundred and forty (27,240) gross square feet.
(1) Restaurant Uses: A maximum of three (3) restaurant uses may be permitted for the development with a maximum area of twenty-three thousand six hundred and eighty (23,680) gross square feet. For multiple restaurant uses to be permitted, the developer/owner must demonstrate differing peak-hours of service (or days, or seasons) or differing times of peak parking demand, and that the total parking demand at any one time would be adequately served by the existing onsite parking spaces designated for commercial uses in addition to that required for the residential use.
c. For any change in use of the existing commercial and restaurant uses or tenant space(s), the developer/owner shall provide documentation that the density of use(s) and the parking required for the combined commercial uses on site can be accommodated by the existing onsite parking spaces designated for commercial uses in addition to that required for the residential use provided within the development.
2. Building Setback: The primary and accessory building setbacks shall be measured from the property line, unless otherwise indicated, to the visible primary vertical foundation wall. Intermittent encroachment into the setback for canopies, awnings, building bump-outs, outdoor dining areas, etc. may be allowed at the discretion of the Director of the Development Services Department.
a. North property line (front yard) - Minimum of 70 feet for the principle building, with attached valet roofed canopy allowed to extend into the setback
b. South property line (front yard) - Minimum of 20 feet to the east west connection street, with a minimum of 150 feet to the south boundary line of Parcel A.
c. East property line (front yard) - Minimum of 90 feet for the principle building, with attached structure for outdoor dining allowed to extend into the setback.
d. West property line (front yard) - Minimum of 26 feet.
3. Building Height: Maximum height of the principle building shall not exceed 55 feet as measured from the average grade along the foundation of the buildings.
4. Parking:
a. The minimum number of parking stalls provided on site shall be not less than four hundred and sixty-seven (467) stalls.
b. The following minimum parking ratios shall be used for determining parking requirements for the various tenants within the multi-use development in Parcel A:
(1) Commercial (office/retail/non-residential) uses, excluding restaurant uses - three and a half (3.5) stalls per one thousand (1,000) gross square feet of floor area
(2) Sit-down restaurant - eight (8) stalls per one thousand (1,000) square feet for the customer seating areas (front of house) space. One (1) additional space shall be provided for each employee on the largest peak shift.
(3) Residential - one and a half (1.50) stalls per one (1) or two (2)-bedroom unit.
(4) Residential Visitor - one (1) stall per every ten (10) units.
c. Cumulative/Shared parking for uses within parcel A may be allowed where it can be demonstrated that the peak requirement of occupancies of all uses within the site occurs at different times during the day. Applicants wishing to use shared parking as a means of satisfying minimum parking requirements shall submit a shared parking study/analysis to the Development Services Department that clearly demonstrates the feasibility of shared parking. Prior to a change in tenant occupancy, including change in tenants conducting the same type of commercial activity, parking availability shall be reevaluated. Only if it is demonstrated by the parking study that there is sufficient available parking to accommodate all uses (residential and non-residential) within the development, or, additional parking is provided as otherwise allowed herein, shall a building permit for Tenant Improvement be issued.
(1) Shared Parking Study/Analysis: The applicant or property owner shall conduct the parking study - the hiring of an outside agency is at the applicant/property owner's discretion but is not required. At a minimum the parking study shall provide details on the density or size and type of the proposed uses within the development, operational details, number of employees at peak times, the anticipated rate of parking turnover for each non-residential use and the anticipated peak parking and traffic loads for all uses that will be sharing parking spaces. In addition, the applicant shall provide a minimum one-week of daily counts documenting the number of utilized and vacant spaces. Such counts shall be done at noon and at six o’clock (6:00) p.m. each day, as well as fifteen (15) minutes after the indicated start time of peak times for each of the businesses.
d. Alternate Parking: Parking for employees only may be accommodated with an off-site parking agreement. All parking for residential uses and patrons of commercial tenants must be provided on-site. Only parking that is located within one thousand feet (1,000') of the entry into the tenant space may qualify. Off-site parking shall be connected to the Parcel A by a defined paved walkable path or sidewalk with crossings of a street occurring at a defined intersection, preferably signalized. The location of the offsite parking will only be allowed when the site location is a use with off peak parking demand from this development or the site has an excess of parking existing on site.
e. Additional parking may be required to be constructed within the site, including the provision of an additional level on the parking structure or operations restricted when on-site parking issues or parking in surrounding neighborhoods becomes a problem and complaints are received. At such time when it is demonstrated on multiple occurrences that there is not enough parking to accommodate on-site uses or densities, the City reserves the right to require modifications in operations or an increase in the number of parking stalls either through construction on-site or execution of shared-parking agreements. Prior to implementation of additional parking within the site, submittal and approval of a Minor Modification Site Plan application will be required which details the location of additional parking and engineering and design details.
5. Off Street Loading Areas: All off-street loading/service areas shall comply with title 9, chapter 15 of the city code unless noted herein.
a. Loading areas located on the south side of the multi-use building shall be screened from view from the residential properties to the south. If screening is not feasible adjacent to the building, required screening may be provided on the south side of the east west public street connection to Jordan Creek Parkway in addition to any screening necessary adjacent to the building and vehicle areas.
b. Views of overhead doors or loading areas from Ashworth Road, Jordan Creek Pkwy or 76th Street shall be mitigated.
6. Open Space: The southern portion of Parcel A, south of the east west connection street, may be used for meeting the minimum code required open space for the mixed-use development. The area south of the east west connector will be limited in use to open space and recreation functions, including as provided within the Parkland Dedication Agreement for the mixed-use development.
B. Parcel B: For Parcel B, all general use and bulk regulations and provisions set forth in Title 9, Zoning of the West Des Moines City Code for the Medium Density Residential (RM-8) district as permitted and permitted conditionally shall apply
1. Density: The transition of densities and transition of building form requirements of 9-5-7 of the zoning code shall be applied
2. Access: A minimum of one point of shared access shall be provided to Parcel E through Parcel B along the east property line of Parcel E. Such agreement shall be provided through a written shared access agreement prior to approval of a Site Plan for the property.
3. No Build Easement: Parcel B shall provide a no build easement with a minimum dimension of ten feet (10') along the full length of the west property line for the benefit of Parcel E. The six-foot (6') fence required for the fifteen (15') buffer on Parcel B shall be permitted within the no build easement but must accommodate access for Parcel E in accordance with the shared access agreement. Such easement shall be provided prior to approval of a Site Plan for the property.
C. Parcel C: For Parcel C, all general use and bulk regulations and provisions set forth in Title 9, Zoning of the West Des Moines City Code for the Office (OF) district shall apply to any development proposal within this parcel, unless noted otherwise in this ordinance.
1. Permitted Uses: All permitted (P) and permitted conditional (PC) uses within the office (OF) district shall be allowed with the approval of the appropriate review and approval body, except the following, which shall be prohibited:
a. Prohibited Uses: the following permitted and permitted conditional uses otherwise allowed in the Office (OF) District shall be prohibited:
SIC 347 Coating, engraving and allied services
SIC 4225 Self-Storage
SIC 472-473 Passenger and Freight Transportation
SIC 58 Eating and Drinking Paces
SIC 701 Hotels and Motels
SIC 7212 Garment pressing and agents for laundries and dry cleaners
SIC 726 Funeral Services
SIC 7299-02 Massage therapy establishments and steam bath services
SIC 79 Event Venues
SIC 7991 Physical fitness facilities
SIC 7997 Membership Sports & Recreation Clubs
2. Building Height: Building(s) within Parcel C located within one hundred fifty feet (150') of the west property line shall be limited to one story in height. Outside of the one hundred fifty feet (150'), maximum building height shall not exceed 3 stories or thirty-six feet (36').
D. Parcel D: removed from PUD.
E. Parcel E: Parcel E shall be zoned to Medium Density Residential (RM-6) district and is intended to maintain the property as one single-family detached dwelling with detached accessory buildings for storage of goods and materials utilized and owned by Lutheran Church of Hope. Any modifications to the use or development of the property shall require an amendment to the PUD.
1. Building Setbacks:
a. Primary Building: The primary building shall maintain the existing setbacks on the north, west and east sides of the building. Building addition(s) may be permitted to the south of the existing structure to allow for the expansion of the existing use and structure.
b. Detached Accessory Structure:
(1) West & South property line: Minimum of thirty feet (30');
(2) North & East property line: No minimum setback.
2. Building Size: All new detached accessory structures shall be limited to a maximum wall length of one hundred feet (100'), with a maximum height of 2 stories. Landscaping and buffering shall be provided between the structure and the west property line abutting the single family uses to the west and shall be provided in accordance with Section 7 of this ordinance.
3. Appearance: The design of all new detached accessory structures shall be in keeping with the context of the area they are located in, with comparable architectural design, materials and details to the principal structure, including roof slope, overhangs, etc. Any metal cladding shall be prefinished and have the appearance of the materials used on the primary building. Galvanized metal is prohibited as the exterior finish material in residential zoning districts. (Ord. 2445, 10-19-2020; amd. Ord. 2476, 6-21-2021; Ord. 2616, 7-1-2024)