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Whereas, Title 9, Chapter 9, Planned Unit Development District of the City Code, establishes certain regulations and guidelines pertaining to accompanying information required on plat and site plan documents. In addition, the following conditions, restrictions, and regulations are adopted as part of this approval:
A. General Conditions: The following general development criteria shall be integrated into and made a part of this planned unit development.
1. General Conformance to Subdivision Ordinance: 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 ordinances and the most current design standards adopted by the city of West Des Moines pertaining thereto unless otherwise stated within this ordinance.
2. General Conformance to Zoning Ordinance: Unless otherwise specified herein, the development of the Pavilion Park PUD shall comply with title 9, "Zoning", of the city code or any other applicable codes. To the extent that the provisions of this ordinance conflict with or are more restrictive than provisions provided elsewhere in the West Des Moines zoning ordinance, the provisions of this ordinance shall control.
3. Developer Responsibility: Unless otherwise specifically approved by the City Council, the developer, its successors and/or assigns, if any, shall pay all planning, engineering, and construction costs for the development of the planned unit development as required by this Ordinance, and shall pay all costs related to approved site plans, which may include but is not limited to the cost of all streets, storm sewers, sanitary sewers, water mains and service lines, drainage-way improvements, detention basins, and other improvements as required. Unless otherwise provided for in a separate development agreement, at the time of subdivision platting within the PUD, the subdivider shall be responsible for construction and/or installation of all required public infrastructure improvements in accordance with the City's Subdivision Ordinance, as indicated herein, and/or as indicated on the approved Pavilion Park PUD Sketch Plan Map and master plans. With any subdivision plat within the PUD, the subdivider shall be responsible for constructing and/or installing the public infrastructure necessary to support development within the subdivision in a manner that will assure that the public infrastructure functions at an acceptable level of service (per City policies) and complies with the West Des Moines Subdivision Ordinance and the Des Moines Metropolitan Design Standards, as adopted by the City of West Des Moines, unless modified otherwise in this Ordinance. No occupancy permits, either temporary or permanent, shall be issued until all necessary improvements applicable to the area/lot or structure requesting occupancy are installed and public improvements accepted by the City of West Des Moines. Nothing in this Ordinance shall be construed to prevent the developer, its successors and/or assigns, if any, from entering into private agreement(s) as it/they may desire to share the cost of improvements.
4. Flood Hazard: In all areas within a Base Flood (100 Year), or adjoining drainage ways, and detention ponding areas involving potential flood hazards, all buildings proposed to be located in a flood hazard area must be elevated and designed in accordance with the American Society of Civil Engineers publication ASCE 24 and no building shall be erected which has a minimum opening elevation (including top of window well) less than one foot (1') above the determined level of the Base Flood. In areas where historical high-water levels are above the Flood Insurance Rate Map (FIRM) Base Flood Elevation or special conditions exist, the City may require a Design Flood Elevation be calculated and used as the Base Flood Elevation for determination of elevation requirements. Buildings shall only be permitted within twenty-five feet (25') of any easement or property boundary of a major drainageway, storm water detention basin or pond if said location is approved as part of the development entitlement by the city council and said building is structurally designed accordingly.
5. Sanitary Sewer: Any proposed change in approved land uses and/or densities for the PUD will require an analysis of the downstream sanitary sewer capacity to assure that adequate capacity is available for the proposed change(s).
6. Street Lighting: Unless otherwise provided for in a separate development agreement, the Developer shall be responsible for all costs associated with the installation of public and private street lights within or adjacent to any area proposed to be platted or included within a development.
7. Mailboxes: The Developer shall be responsible for installation of any required Cluster Box Units (CBUs) as per the local U.S. Postal Service Post Office.
8. The Pavilion Park development shall incorporate an internal pedestrian and bicycle trail and sidewalk system connecting various buildings, open space and recreation areas, public transit and to the City-wide trails and sidewalk system. Trails and sidewalks shall be required to provide corridors and pathways to link residential areas with commercial areas, other residential neighborhoods within the development and recreational amenities.
9. Sculptures/art shall be incorporated within non-residential developments. Potential locations for art and sculptures shall be identified at the time of master planning of each PUD parcel.
10. Interior site lighting and signage should be located, designed and directed in such a way as to mitigate impact on adjacent uses. Parking lot lights shall be limited to twenty-five feet (25') in height including the fixture base and be of a design in which there is not exposed bulbs. Shields may be required on fixtures located at the perimeter of parking lots and drive aisles adjacent to residential uses if views of the fixtures cannot be mitigated in another manner. Illuminated signage which is visible from residential dwellings shall be turned off one hour after business close until dawn. (Ord. 2407, 3-16-2020)
In addition to the general criteria as stated above, the following land use regulations, development standards, and design criteria shall apply to the development of all PUD parcels designated on the Sketch Plan:
A. Parcel A: The intent of development within this parcel is to provide for the intermixing of commercial and office uses with supporting high density residential to allow opportunities for employees to live in close proximity to work and provide patrons to support the businesses and encourage both day and night activity. It is intended that a strong pedestrian and bike network will be provided throughout the parcel, along with opportunities for transit routes and stops. All sites within the parcel shall be visually unified through the implementation of a cohesive building and landscaping design theme.
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 Regional Commercial (RC) District shall apply to any development within Parcel A, unless noted otherwise in this ordinance.
1. Land Use: All Permitted (P) and Permitted Conditional (Pc) uses permissible within the Regional Commercial (RC) and Office (OF) districts shall be allowed with the approval of the appropriate review body. Additionally, High Density Residential (RH-18) use is permitted within the parcel. The amount of high density residential development shall comprise a minimum of fifteen percent (15%), but not to exceed twenty five percent (25%), of the developable ground within Parcels A and C, collectively. Developable ground shall be considered those areas of the site unencumbered by roadways (public or private), wetlands, creeks, or steep slopes that cannot be developed.
B. Parcel B: The intent of development within this parcel is to recognize and complement the existing use context of adjacent medium density developed ground and provide a transition to the more intense commercial and office use intended within ground to the west.
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. Land Use: All Permitted (P) and Permitted Conditional (Pc) uses permissible within the Regional Commercial (RC), Office (OF) and Residential Medium Density (RM-12) districts shall be allowed with the approval of the appropriate review body.
2. Land Use Restriction: No Regional Commercial land uses (including buildings and parking lots) shall be permitted within one hundred fifty feet (150') of the eastern perimeter boundary of Parcel B.
3. Buffers: A minimum thirty foot (30') landscape buffer with a minimum three foot (3') berm shall be required along the east property line of Parcel B. The required buffer shall be planted as set forth in Title 9, Chapter 19 of the city code and shall be installed at the time of first development within the PUD parcel.
4. Building Massing: Office and residential uses within one hundred fifty feet (150') of the eastern property line of Parcel B shall be restricted to a maximum of two (2) stories in height. The length of building walls adjacent to and parallel to the east property line shall not exceed one hundred sixty feet (160') in length. There shall be no limitation on building square footage.
C. Parcel C: The intent of development within this parcel is to provide for the intermixing of commercial and office uses but with a higher proportion of office use than commercial use. The multi-family allowed within this area is not only to allow employees to live in close proximity to work and provide patrons to support the businesses and encourage both day and night activity, but also to serve as a transitional use to the single-family land use intended to the east. In addition to providing opportunities for transit routes and stops, it is intended that a strong pedestrian and bike network will be provided throughout the parcel, including pathway connections to the residential areas to the north, east and south. All commercial and office sites within the parcel shall be visually unified through the implementation of a cohesive building and landscaping design theme. Residential developments within the parcel shall be visually cohesive through the use of a similar color and material pallet; however, building design shall present more of a residential look and may differ from the commercial/office area.
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) District shall apply to any development within Parcel C, unless noted otherwise in this ordinance.
1. Land Use: All Permitted (P) and Permitted Conditional (Pc) uses permissible within the Regional Commercial (RC) and Office (OF) districts shall be allowed with the approval of the appropriate review body. Additionally, High Density Residential (RH-18) use is permitted within Parcel C. The amount of high density residential development shall comprise a minimum of fifteen percent (15%), but not to exceed twenty five percent (25%), of the developable ground within Parcels A and C, collectively. Developable ground shall be considered those areas of the site unencumbered by roadways (public or private), wetlands, creeks, or steep slopes that cannot be developed.
2. Land Use Restriction: No Regional Commercial land uses (including buildings and parking lots) shall be permitted within one hundred fifty feet (150') of the perimeter boundary of Parcel C which is adjacent to residential uses in another PUD parcel, including residential uses on the opposite of a street.
3. Building Massing: All buildings within one hundred fifty feet (150') of the property line of single family lots shall be a maximum of two (2) stories in height. Individual buildings along the boundary of Parcel C shall not exceed one hundred sixty feet (160') in length. The one hundred fifty foot (150') distance shall be measured from the property line of the single family lots, not from the perimeter boundary of Parcel C.
D. Parcel D: The intent of development within this parcel is to allow the opportunity for single-family detached dwellings thus providing for an additional type of living option than the multi-family provided within other PUD parcels. A strong network of pedestrian and bike pathway connections shall be provided to link residential areas with commercial areas, other residential neighborhoods within the development and recreational amenities.
All general use and bulk regulations and provisions set forth in Title 9, Zoning of the West Des Moines City Code for the Residential Single Family (RS-5) district shall apply to any development proposal within this parcel, unless noted otherwise in this ordinance.
1. Front Yard Setbacks: Front yard setbacks within the RS-5 district may be reduced to twenty feet (20'), however, the front of garages shall be setback a minimum of twenty five feet (25') from the street right-of-way line or sidewalk edge, whichever is more interior to the private area of the lot to allow for vehicle parking without overhanging the sidewalk and impeding pedestrian movements. Open porches, as defined in City Code, with a minimum depth of 6 feet (6'), are allowed to encroach up to 8 feet (8') into the twenty foot (20') front yard setback.
2. For corner single family residential lots on which a buffer is located on the street side yard, the buffer and building setback line are permitted to overlap; however, the full buffer width needs to be provided even if the setback is less than the required buffer width. For double frontage lots, the required rear yard setback is in addition to the 30' buffer.
E. Parcel E: The intent of development within this parcel is to allow for single family detached dwellings, thus providing for an additional type of living option than the multi-family provided within other PUD parcels. A strong network of pedestrian and bike pathway connections shall be provided to link residential areas with commercial areas, other residential neighborhoods within the development and recreational amenities.
All general use and bulk regulations and provisions set forth in Title 9, Zoning of the West Des Moines City Code for the Residential Single Family (RS-5) district shall apply to any development proposal within this parcel, unless noted otherwise in this ordinance.
1. For corner single family residential lots on which a buffer is located on the street side yard, the buffer and building setback line are permitted to overlap; however, the full buffer width needs to be provided even if the setback is less than the required buffer width. For double frontage lots, the required rear yard setback is in addition to the thirty foot (30') buffer.
F. Parcel F: The intent of development within this parcel is to allow for additional office development opportunities along the major east-west roadway while respecting the existing single-family estate subdivision immediately to the south of the Pavilion Park development. It is intended that a strong pedestrian and bike network will be provided throughout the parcel, including pathway connections to commercial and residential areas within the development. All office development within the parcel shall be visually unified through the implementation of a cohesive building and landscaping design theme.
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. Buffers: Buffers as outlined below shall be installed at the time of first development within the parcel. Vegetation should be intentionally located within the buffer (generally meaning at the highest points) to achieve the greatest amount of mitigation of views of buildings and parking lots, including both vehicle and overhead lights, from the adjoining residential. Of the trees required, a minimum of 50% of the trees shall be coniferous to provide for year-round screening.
a. Along South PUD Boundary: A minimum one hundred foot (100') landscape buffer shall be required along the south property line of Parcel F. Drive aisles or parking lots may be allowed to encroach into the one hundred foot (100') buffer a maximum of twenty feet (20') when it can be clearly demonstrated vehicle headlights and parking lot lighting is properly mitigated. Buffer vegetation shall be provided at a rate of three (3) overstory or evergreen trees, six (6) understory trees and 18 shrubs per thirty-five (35) linear feet of buffer.
b. Along the Eastern PUD Boundary: A minimum thirty (30') landscape buffer shall be required along the eastern property line of Parcel F. No encroachment into the buffer shall be allowed. One overstory or evergreen tree, two (2) understory trees and six (6) shrubs shall be provided for every thirty-five (35) linear feet of buffer. Required evergreen plantings within the buffer shall be placed at the highest point of the buffer to provide for the most effective buffering.
2. Building Massing: Office uses within one hundred fifty feet (150') of the property line of adjacent single family residences to the south and east shall be a maximum of two (2) stories in height. The length of building walls adjacent to and parallel to the south and east property line of Parcel F shall not exceed one hundred sixty feet (160') in length. There shall be no limitation on building square footage.
G. Parcel G: The intent of development within in this parcel is to allow the opportunity for additional single-family detached dwellings options while respecting the existing single-family estate subdivision immediately to the south of the Pavilion Park development. It is intended that a range of single-family lot sizes will be provided from north to south across this parcel. Larger lots will be provided along the south boundary of the parcel, with a decrease in lot sizes as development moves north. A strong network of pedestrian and bike pathway connections shall be provided to link residential areas with commercial areas, other residential neighborhoods within the development and recreational amenities.
All general use and bulk regulations and provisions set forth in Title 9, Zoning of the West Des Moines City Code for Residential Single Family (RS-12) shall apply to any development proposal within this parcel, unless noted otherwise in this ordinance.
1. Along the southern two-hundred feet (200') of Parcel G, the minimum lot size for residential lots shall be 15,000 square feet.
2. All lots within the PUD parcel shall provide a minimum of forty feet (40') of street frontage and a minimum lot width of seventy-five feet (75') as measured at the front building setback line.
3. For corner single family residential lots on which a buffer is located on the street side yard, the buffer and building setback line are permitted to overlap; however, the full buffer width needs to be provided even if the setback is less than the required buffer width. For double frontage lots, the required rear yard setback is in addition to the 30' buffer. (Ord. 2407, 3-16-2020; amd. Ord. 2488, 9-7-2021)
Buffering between zoning districts and differing uses internal within PUD parcels A, B and C shall not be required as set forth in Title 9, Chapter 19 of the city code. However, buffer widths and planting requirements as required per Title 9, Chapter 19 shall be provided along the perimeter of a PUD parcel, including PUD parcels A, B and C when a use adjacent to the PUD perimeter is different than the land use along the perimeter within an adjacent PUD parcel. The burden of provision of the buffer shall lie with the parcel that contains the more intense use.
Additionally, a minimum thirty-foot (30') wide buffer with landscape vegetation shall be provided along all major and minor arterials and major collector roadways within the Pavilion Park PUD development. Landscape vegetation shall be provided at a rate consistent with the vegetation requirements outlined in Title 9, Chapter 19 of the city code for a thirty-foot (30') buffer. Landscape vegetation shall be installed along the length of the roadway at the time of development of the first site within a PUD parcel adjacent to the roadway and prior to issuance of the first final occupancy permit for any structure within the respective parcel. (Ord. 2407, 3-16-2020)
The intent is to create building facades throughout this development that are varied and articulated to provide visual interest and to establish a unique identity for each parcel within the development. Although it is understood and preferred that not all buildings within a parcel are identical, each building will include design elements as well as common materials, complimentary colors and detailing to provide continuity amongst buildings and to unite all structures within a parcel into one project concept. The architectural design of any building within this development shall be acceptable to the City.
As part of the master plan for each parcel, conceptual architectural illustrations of the general building style and material options shall be provided. Final details of actual design, materials, colors and detailing will be provided at the time of individual site plan approvals. Once City approval is obtained on a particular building design, any alteration in design before or during construction must be reviewed and approved by the City's Development Services Department.
A. All buildings except single family dwellings within this development shall accommodate or incorporate the following in building design and materials:
1. All sides to each building shall receive high quality materials, finishes, and details (360 degree architectural treatment). There are no "backs" to a building.
2. Form and Scale: Building design shall consider the scale of the building and create a distinct and intended transition to the height, bulk, and scale of the building depending on the surrounding development. Building entries, front porches for residential uses, pedestrian areas, plazas and street level uses and functions should be designed to engage the pedestrian with the activities occurring within them and should be designed to be in the scale appropriate to the use and function of the space.
3. Roof and Building Mounted Mechanical Equipment: Views of equipment from roadways and adjoining development sites shall be mitigated by screening incorporated into the design of the building through location and the use of equipment penthouse, parapets, screening walls, or other acceptable solutions as identified during the review of the site plan.
4. Material Quality and Detail:
a. The choice of materials and texture has great visual significance and can affect the long-term appearance of the city. Proper selection of exterior building material is directly related to the durability of the building against weathering and damage from natural forces. Materials should be durable, economically maintained and of a quality that will maintain their appearance over a prolonged time. Natural materials such as brick and stone shall be used as the major cladding elements of the facade. Acceptable cladding for the balance of the building and trim materials will be determined with each parcel's master plan.
b. Variation in materials, material modules, expressed joints, textures, colors and details shall be used to break up the mass of the buildings. Changes in materials shall be aligned with changes in plan or roof form to emphasize these changes in building mass and shall have the appearance of 3-dimensional elements.
5. Corporate architecture shall be prohibited. Limited use of architectural elements characteristic of prototypical architecture may be allowed at the discretion of the Director of Development Services or the appropriate reviewing and approval body. Implementation of these architectural elements shall be minimized and whenever possible modified to give a unique image to the establishment. No standard corporate building design without modifications shall be implemented.
6. Outdoor Living Area: All commercial and office uses as well as dwelling units within multi-family buildings shall provide a defined public plaza or outdoor living space. Minimum usable area and design criteria will be determined with each parcel's master plan.
B. Architecture for Single Family Dwellings: The design of single family dwellings is intended to encourage a sense of place by providing building designs that engages residents with the street and neighborhood. Building design should reinforce this sense of community by establishing a unique identity. This can be accomplished by careful attention to building massing and human scale, choice of exterior building materials, details and site orientation. Porches are encouraged to be made a part of the front facade of dwellings to provide a useable outdoor space. (Ord. 2407, 3-16-2020)
All residential developments shall abide by the City's Parkland Dedication regulations. Intended amenities and facilities to fulfill dedication requirements shall be identified as part of the first Master Plan for a PUD parcel. A Parkland Dedication Agreement, acceptable to the Parks and Recreation Department, detailing the specifics related to the Parkland Dedication requirements for each area developed as residential is required to be executed in conjunction with the associated final plat or site plan, whichever is approved first. At the time of final platting of land intended to fulfill park and greenway requirements, said land shall be deeded to the City. (Ord. 2407, 3-16-2020)
A Traffic Impact Study (study) dated February 24, 2020, has been prepared for the Pavilion Park development. Per the study, the development has been allocated 4,878 P.M. peak hour trips; 3,410 A. M. peak hour trips; and 53,635 Average Daily Trips (ADT). As development proposals are approved the number of vehicle trips generated by the proposed development (based upon the number of square feet of a proposed specific use or residential dwellings in conjunction with any parameters established in the study) will be subtracted from the total trips allocated to the development. Approval of this PUD does not constitute a guarantee that the proposed plan can be implemented. Development of all parcels and implementation of desired land uses, including specific high traffic generating tenants, will be limited by the available number of trips.
Should anticipated traffic exceed the total trips allocated for the Pavilion Park development prior to full build out, further development of parcels may be limited or prohibited. Alternate uses to those planned within the study and approved as part of this PUD ordinance may be allowed, following completion of an amended traffic study analyzing the proposed alternative and appropriate City approval of an amendment to the respective PUD ordinance PUD Sketch map and/or PUD Parcel Master Plan, if necessary, if the existing uses and the proposed change(s) collectively do not exceed the total trips allocated to the development. (Ord. 2407, 3-16-2020)
A Master Storm Water Management Plan shall be required in conjunction with the initial master planning for each PUD parcel. Individual Storm Water Management Plans consistent with the Master Storm Water Management Plan will be required with each preliminary plat for ground within the PUD area. The Developer will have said Storm Water Management Plans prepared by a Professional Engineer licensed in the State of Iowa. The Storm Water Management Plans shall comply with the City's current design standards for storm water management. The method of storm water management and the storm water conveyance system shall be determined prior to City approval of a preliminary plat.
At time of final platting, ownership and responsibility for all storm water detention areas and private storm water detention outlet structures will need to be established through the execution of a Storm Water Facility Maintenance Agreement prepared by the City with information provided by the developer. This agreement essentially provides that the property owner will maintain and repair their storm water facilities. If they fail to do so, the city will make repairs or perform maintenance and assess all costs back to the property owner. Upon installation of storm water management facilities, the property owner will be responsible to provide as-built drawings and a letter certifying the detention facility was constructed in conformance with the approved Storm Water Management Plan. The letter and as-built plans will be required prior to the issuance of a final occupancy permit for the first building or residential dwelling on property which is served by a particular detention facility. Both the letter and as-builts will need to be signed and sealed in accordance with Chapter 6, 193C-6.1(542B) of the Iowa Code. (Ord. 2407, 3-16-2020)
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