In addition to the general conditions as stated herein the PUD, the following criteria shall apply to the area designated on the PUD Sketch Plan on file in the City Clerk's Office. The PUD Sketch Plan document, which is made a part of this rezoning action, delineates Parcels A through C.
A. Parcels A, B & C: Unless provided otherwise in this ordinance, all general uses, bulk 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 proposal within this parcel
1. Land Use: All Permitted (P) and Permitted Conditional (Pc) uses set forth in Title 9, "Zoning" of the city code for the Regional Commercial (RC) zoning district, shall be allowed with the approval of the appropriate review body, except as follows:
a. The following shall be prohibited:
(1) Any use within Division E: Transportation, Communications, Electric, Gas and Sanitary Services, except arrangement of transportation services, offices only & utilities necessary to serve the development (Major Groups 40 through 49)
(2) Outdoor storage or display component(s) associated with any use within Division G: Retail Trade (Major Groups 52 through 59) - does not include outdoor patios associated with Major Group 58: Eating and Drinking Places
(3) Distribution of medical cannabidiol as part of a licensed medical cannabidiol manufacturer (SIC 591)
(4) Liquor Store (SIC 592)
(5) Used Merchandise Stores (SIC 5932)
(6) Adult Entertainment Establishments (SIC 5999)
(7) Laundry, Cleaning and Garment Services (SIC 721)
(8) Funeral Service with or without crematories (SIC 726)
(9) Any use within SIC 7389: Miscellaneous Business Services, Not Elsewhere Classified (NEC) which includes a warehouse or outdoor storage component
(10) Automotive Repair, Services and Parking, (Major Group 75)
(11) Miscellaneous Repair Shops and Related Services (SIC 769) which includes a warehouse or outdoor storage component
(12) Amusement and Recreation Services, NEC:
(A) Amusement rides;
(B) Animal Shows in circuses, fairs and carnivals;
(C) Carnival operation;
(D) Circus operation;
(E) Fireworks display service;
(F) Go-kart raceway operations;
(G) Moped or Motorcycle rentals;
(H) Shooting galleries and ranges, including skeet and trapshooting (outside range); and
(I) Waterslide and wave pool operation except indoor facilities.
(13) Rehabilitation Hospitals - Drug Addiction and Alcoholism (SIC 8069).
b. Permitted Conditional (Pc) use SIC 7999, not otherwise prohibited here within shall be considered a Permitted (P) use.
c. The existing cell tower in the southeast corner of the development may continue, and with proper City approval, additional stealth antennas may be added. Should the antenna be intentionally removed, no replacement antenna may be erected.
d. The following operational restrictions shall apply:
(1) No Bar/Restaurant as defined per Flowchart 6.2, city code title 9, chapter 6 shall be open later than midnight. Outdoor patios and operable storefronts, if incorporated, shall comply with Title 9, Chapter 10, Section 4, Subsection 18.
(2) No more than two (2) businesses with a drive-through component shall be allowed within the development.
(3) SIC 7999 uses not otherwise prohibited by this PUD shall not be open past 11:00 p.m. Sunday through Thursday; and shall not be open past midnight Friday and Saturday. Exterior lights associated with a facility's external recreational field shall be turned off within 20 minutes at the close of business.
2. Setbacks:
a. Primary Buildings:
(1) North (Grand Avenue): a minimum forty-foot (40') setback shall be provided from the perimeter PUD boundary or ultimate street right-of-way line of Grand Avenue, whichever is located farther south.
(2) South and East: a minimum fifty-foot (50') setback shall be provided from the perimeter PUD boundary.
(3) West: a minimum fifty-foot (50') setback shall be provided from the perimeter PUD boundary or ultimate street right-of-way line of Raccoon River Drive, whichever is located farther east.
(4) Along internal lot boundaries: No setback is required from interior common lot lines unless otherwise required by building separation regulations in adopted Building and Fire Codes.
b. Accessory Structures: (such as, trash enclosures, external generators, private utility equipment enclosures, etc.)
(1) Along Grand Avenue and Raccoon River Drive: shall comply with primary building setback requirements stated herein.
(2) All other parcel boundaries: a minimum fifteen-foot (15') setback shall be provided unless the structure is shared between two (2) lots/parcels.
3. Parking:
a. With the exception of the golf facility, the number of stalls to be provided for each use within each parcel shall comply with city code title 9, chapter 15, section 7. The golf facility shall provide a minimum of 3.9 parking stalls per driving range bay.
b. The number of queuing spaces for uses with a drive-through component shall comply with city code title 9, chapter 15, section 7. All queuing spaces shall be out of internal circulation drives and shall not impede traffic circulation within the parcel, on internal PUD roadways or adjacent public streets. A drive-through may be prohibited within a PUD parcel if there is reason to believe that queuing back-up may impact traffic circulation on adjoining public roadways.
c. Parking lots shall be setback a minimum of thirty feet (30') from Grand Avenue and Raccoon River Drive ultimate road right-of-way. A minimum fifteen-foot (15') setback shall be provided from all other perimeter property boundaries. Parking lots shall be setback a minimum of five feet (5') from common interior lot/parcel boundaries unless designed as a shared parking lot and with an executed shared parking agreement.
d. Parking stall dimension and drive aisle widths shall comply with city code title 9, chapter 15.
e. Parking lot landscape requirements, including the incorporation of landscape islands and tree pods and landscape vegetation shall comply with city code title 9, chapter 19.
f. See Buffering and Visual Screening below for regulations for the visual screening of off-street parking areas.
4. Open Space: The intent of open space is to allow for a balance between natural areas and the built environment and to provide for the overall beautification and "greening" of the city.
a. Open space shall be considered all areas unencumbered by buildings or paved areas associated with parking, drive aisles, and loading docks or zones. Plaza areas, water features and structures such as gazebos, arbors, pergolas, etc., that are associated with outdoor pedestrian use areas, as well as designated and enhanced pedestrian walkways through and between parcels may be counted toward fulfilling the minimum open space requirement. Recreational fields not under roof may be counted toward fulfilling the minimum open space requirement.
b. A minimum of twenty-five percent (25%) open space shall be provided within each lot within a PUD parcel.
c. Vegetation at a rate of two (2) trees and three (3) shrubs per three thousand (3,000) square feet of required open space shall be provided within each lot.
5. Buffers and Visual Screening:
a. Buffer:
(1) A minimum thirty foot (30') wide buffer shall be provided along Grand Avenue and Raccoon River Drive.
(A) Earthen berming shall be incorporated to a minimum height of three feet (3'). Said berming shall be undulating to provide a natural appearance and shall be layered to ensure the minimum height required is provided along the full length of the buffer, except as necessary to accommodate access drives and vision triangles at intersections.
(B) Minimum amount of and type of landscape vegetation consistent with city code title 9, chapter 19 shall be provided. Vegetation required of this buffer shall be allowed to be counted towards vegetation necessary to achieve parking lot and negative site element screening as discussed elsewhere here within; however, additional vegetation above that required for the buffer may be necessary to satisfactorily achieve visual screening of off-street parking and negative site elements.
b. Visual Screening of Negative Site Elements:
(1) Trash receptacles and dumpsters shall be screened by the use of a permanent enclosure. Enclosures shall be constructed consistent with city code title 9, chapter 10. The enclosure should be landscaped to minimize the visual presence and impact of the structure on surrounding properties, businesses, and internal and external roadways.
(2) All heating, ventilation, or air conditioning (HVAC) units, utility meters, or similar electrical or mechanical equipment shall be adequately screened from ground level views from Grand Avenue and Raccoon River Drive, internal PUD drive aisles and adjacent properties within or outside of the development. Said screening shall be achieved through the use of architectural enclosures, fencing and/or earthen berming in combination with landscaping consisting of predominately evergreen material for year-round screening.
(3) All rooftop mechanical units shall be screened from ground level views from Grand Avenue and Raccoon River Drive, I-35, internal PUD drive aisles and adjacent properties within or outside of the development. Said screening shall be achieved through the use of architecturally incorporated opaque screen walls, raised parapet walls, penthouse features, or other opaque measure comprised of materials consistent with the associated primary structure.
c. Buildings shall not be located or designed to expose loading docks, overhead doors or the rear of buildings (excluding golf facility hitting bays) to public streets unless appropriately screened from view.
d. Ground level views from Grand Avenue and Raccoon River Drive, I-35, internal PUD drive aisles and adjacent properties within or outside of the development of off-street parking areas and service and loading areas shall be adequately screened. Said screening shall be achieved through the use of free-standing decorative walls or earthen berming to a minimum height of three feet (3') in combination with landscaping consisting of predominately evergreen material for year-round screening.
6. Signage: The regulations and provisions for signs as set forth in Title 9 of the City Code for the Regional Commercial (RC) zoning district shall be met unless otherwise noted in this ordinance.
a. Wall signage for the building on Parcel A shall be calculated at a rate of one (1) square foot per lineal foot of the longest side of the primary structure. Placement on the building and size of individual letters and logos shall comply with city code. Wall signage for all other parcels shall be calculated consistent with city code.
b. No advertisement of any kind may be located on the poles or netting associated with the golf facility.
c. Illumination of wall signs which orient towards a residential dwelling(s) within the Glen Oaks development shall be limited to reverse channel lit letters or halo-lighting. All other signs may be internally illuminated as provided for within the city's sign code. (Ord. 2516, 5-6-2022)