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: All bulk regulations and use provisions set forth in Title 9, Zoning of the West Des Moines City Code for the Residential High Density (RH-18) district shall apply to any development proposal within this parcel, unless noted otherwise in this ordinance. Only residential uses shall be allowed within this parcel.
1. Number of Dwellings: A maximum of eighteen (18) dwelling units per acre, or thirty-seven (37) total dwellings shall be allowed within Parcel A.
2. Building Setbacks:
a. North (along Ashworth Rd): minimum sixty feet (60').
b. East: minimum thirty-five feet (35').
c. South: minimum fifteen feet (15').
3. Buffers: No buffer otherwise provided within city code to mitigate adjacent uses shall be required along the south and east property lines of Parcel A; however, buffering for purposes of mitigating negative views of site elements such as, but not limited to off-street parking, utility meters, mechanical equipment, trash enclosures, etc. shall be provided.
4. Parking:
a. The number of stalls to be provided for each use within Parcel A shall comply with city code title 9, chapter 15, section 7.
b. Parking lots shall be setback a minimum of fifteen (15) foot from the Ashworth Road ultimate road right-of-way. A minimum five (5) foot setback shall be provided from all other perimeter property boundaries.
c. Parking stall dimension and drive aisle widths shall comply with city code title 9, chapter 15.
d. Parking lot landscape requirements, including the incorporation of landscape islands and landscape vegetation shall comply with city code title 9, chapter 19.
B. Parcel B: The intent of development within this parcel is to allow for commercial uses of a size and type that primarily serve the needs of the surrounding area. The scale of buildings and intensity of uses shall respect surrounding residential uses. All buildings within this area shall be visually cohesive through design, materials and colors.
1. All general use and bulk regulations and provisions set forth in Title 9, Zoning of the West Des Moines City Code for the Community Commercial (CMC) district shall apply to any development proposal within this parcel, unless noted otherwise in this ordinance.
a. All permitted (P) and permitted conditional (Pc) uses allowed within the Community Commercial (CMC) zoning district may be allowed with the approval of the appropriate review body unless otherwise noted in this ordinance.
b. The following permitted (P) and permitted conditional uses (Pc) shall have the following restrictions:
(1) SIC 58 - Eating and Drinking Places - Operation hours open to the public shall be restricted to open no earlier than 7:00 A.M. to no later than 10:30 P.M., Sunday through Thursday; and no earlier than 7:00 A.M. to no later than 12:00 midnight on Friday and Saturdays.
(2) SIC 541 Grocery Stores - The maximum store size permitted shall be 45,000 square feet.
(3) Uses with Drive-thrus - Unless all aspects of a drive-thru (visibility, lights, noise, etc.) can be completely negated, drive thrus shall only be allowed on the western half of Parcel B and drive thru lanes shall be located a minimum of fifty (50) feet from the north property line of Parcel B. The presence of drive thrus shall be minimized through one or a combination of the following methods:
(A) Integration of the drive thru into the building architecture in order to eliminate the appearance as an added-on canopy component.
(B) Situating the drive thru between two buildings in order to limit the number of views thereof.
(C) Opaque visual screening to a minimum height of six (6) feet. May be achieved through the use of earthen berming with vegetation, solid fencing, decorative walls, etc. Screening method shall provide for year-round visual mitigation of the drive thru.
c. The following permitted (P) and permitted conditional uses (Pc) shall be prohibited within Parcel B:
(1) SIC 4225 General warehousing and storage
(2) SIC 4783 Packing & Crating
(3) SIC 55 Automotive Dealer and Service Stations
(4) SIC 5932 Pawn Shops
(5) SIC 5993 Tobacco Stores and stands
(6) SIC 5999 Misc. Retail Stores, Not Elsewhere Classified - Adult entertainment establishment (films, books, magazines, sexually oriented merchandise)
(7) SIC 726 Funeral Service
(8) SIC 7299-0A Massage Therapy Establishments and Steam Bath Services
(9) SIC 753 Automotive Repair Shops
(10) SIC 7539 Automotive Services, Not Elsewhere Classified
(11) SIC 754 Automotive Services - except repair
(12) SIC 7699 Recreational Vehicle Repair Services
(13) SIC 7699 Gun Services
(14) SIC 7699 Misc. Automotive Repair Services
(15) SIC 78 Motion Pictures
(16) SIC 7999 Amusement and recreation services, not elsewhere classified (e.g., golf courses - miniature, driving ranges, circus companies and fairs)
(17) SIC 806 Hospitals
(18) SIC 92 Public Order & Safety
2. Building Setbacks:
a. Adjacent to 88th Street: a minimum of one hundred (100) feet from the ultimate right-of-way line shall be provided if parking is proposed along the west property line. If the building is situated such that there is no intervening parking between the ultimate right-of-way line and the building and the building is designed with a pedestrian friendly facade (entry doors, glass fronts, plaza areas, patios, etc., and does not present as the back of the building) the minimum building setback shall be thirty (30) feet.
b. Adjacent to Aspen Drive: minimum thirty feet (30').
c. Adjacent to the north/south private road: minimum thirty feet (30').
d. Adjacent to an east/west right in/right out drive (not a drive aisle with parking): minimum fifteen feet (15').
e. Adjacent to Parcel A: minimum fifteen feet (15').
f. Internal lot lines within Parcel B: 0', or as otherwise required of building and fire code for separation.
g. Gas station canopy from public road right of way: minimum fifty feet (50').
3. Buffers: Buffering may be required between Parcel A and B at the time of development of Parcel B to mitigate activity and/or operations of uses implemented within the site, negative elements such as views of parking lots, drive-thru lanes, mechanical equipment, meters, trash enclosures, etc.
4. Parking:
a. The number of stalls to be provided for each use within Parcel B shall comply with city code title 9, chapter 15, section 7.
b. Parking lots shall be setback a minimum of 30' from the 88th Street ultimate road right-of-way, fifteen feet (15') from the Aspen Drive ultimate road right of way, and fifteen feet (15') from the back of curb of the private north/south street. 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.
c. Parking stall dimension and drive aisle widths shall comply with city code title 9, chapter 15.
d. Parking lot landscape requirements, including the incorporation of landscape islands and landscape vegetation shall comply with city code title 9, chapter 19.
5. The design of buildings within Parcel B shall comply with the Architectural section included within this PUD and shall be cohesive in design, materials and colors amongst all buildings within the parcel, as well as within Parcels C and D.
C. Parcels C & D: To respect the residential to the east, development within these parcels shall be limited to office uses only which have no outdoor event or activity areas, with the exception of patios for employee breaks and/or meetings. The scale of buildings and intensity of uses shall respect surrounding residential uses. All buildings within these parcels shall be visually cohesive through design, materials and colors and shall be visually complimentary to the design, materials and colors of buildings within parcel B and to a lesser degree, with the building on parcel A.
1. 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 these parcels, unless noted otherwise in this ordinance.
a. All permitted (P) and permitted conditional (Pc) uses allowed within the Office (OF) zoning district may be allowed with the approval of the appropriate review body unless otherwise noted in this ordinance.
b. The following permitted (P) and permitted conditional uses (Pc) shall be prohibited within Parcels C & D:
(1) Division C - Construction.
(2) Division D - Manufacturing.
(3) SIC 58 Eating and Drinking Places.
(4) SIC 701 Hotels and Motels (with or without an event venue).
(5) SIC 726 Funeral Service.
(6) SIC 7299-02 Massage Therapy and Establishments and Steam Bath Services.
(7) SIC 79 Event venue (all sizes).
(8) SIC 806 Hospitals.
(9) SIC 92 Public Order and Safety.
2. Building Setbacks:
a. Adjacent to the north/south private road: minimum thirty (30) feet.
b. Between Parcel C and D: 0 feet, or as otherwise required of building and fire code.
c. East: Minimum thirty-five feet (35'), if at the time of the development, the residential property immediately to the east is still being used as single family residential. The building setback may be reduced to fifteen feet (15') if the property abuts a like zoning district and is developed with an office use.
d. Internal lot lines within Parcel C or D: 0', unless otherwise required by building separation regulations in adopted Building and Fire Codes.
3. Buffers: No buffer shall be required between Parcel A and D. A minimum thirty feet (30') buffer shall be required along the east property line of Parcels C and D if at the time of the development, the residential property immediately to the east is still being used as single family residential, unless that single family property owner provides a written waiver of implementation of the buffer.
4. Parking:
a. The number of stalls to be provided for each use within Parcels C & D shall comply with city code title 9, chapter 15, section 7.
b. Parking lots shall be setback a minimum of fifteen feet (15') from the Ashworth Road ultimate road right-of-way, fifteen feet (15') from the Aspen Drive ultimate road right of way, and fifteen feet (15') from the back of curb of the private north/south street. 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.
c. Parking stall dimension and drive aisle widths shall comply with city code title 9, chapter 15.
d. Parking lot landscape requirements, including the incorporation of landscape islands and landscape vegetation shall comply with city code title 9, chapter 19.
5. The design of buildings within Parcel C and D shall comply with the Architectural section included within this PUD and shall be cohesive in design, materials and colors amongst all buildings within the parcel, and within adjacent parcels within the PUD area. (Ord. 2533, 8-1-2022)