Whereas, title 9 of the West Des Moines City Code includes chapter 9, Planned Unit Development District (PUD) and establishes certain regulations and guidelines pertaining to accompanying information required on plat and site plan documents.
A. General Conditions: Now, therefore, the following conditions, restrictions, and regulations are adopted as part of this approval and the following general criteria shall be integrated into and made a part of the development criteria for the Wirtz Property PUD, to wit:
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 of West Des Moines, the requirements of the City Code are applicable and shall be enforced.
3. In all areas within a 100-year frequency flood hazard zone, or adjoining drainageways, and detention areas involving potential flood hazards, no building shall be erected which has a lowest floor, including basements, less than one foot (1') 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 easement or property boundary of a major drainageway, stormwater detention basin or pond.
4. The developer, their successors and/or 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 policies at the time of development as required by this ordinance, or 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.
5. For those non-residential zoned PUD Parcels, lot sizes less than the minimum city code required size shall be allowed within the PUD Parcel when the parcel is preliminary platted demonstrating each parcel is of sufficient size to accommodate all zoning regulations without requiring a waiver or variance.
B. Land Use Design Criteria: In addition to the general conditions as stated in subsection A above, the following land use design criteria shall apply to the development areas designated by parcel on the sketch plan. The sketch plan document which is made a part of this rezoning action per section 033-02 of this ordinance, delineates seven (7) parcels of the PUD as Parcels A, B, C, D, E-1, E-2 and F for application of specific standards of land use and development regulations. The following development standards and use regulations shall apply to each of the individual parcels as applicable.
1. Parcel A: All general use regulations, performance standards and provisions set forth in title 9 for the RM Residential Medium Density District of the City of West Des Moines shall apply to any development in Parcel A with Parcel A limited to thirteen (13.0) acres in size.
a. Development Standards: This parcel shall encompass a maximum of one hundred twenty (120) dwelling units and no greater than ten (10) dwelling units per acre, which shall be developed with residential buildings of no greater than two (2) stories in height. Design and use of materials for the construction of any building within Parcel A shall be acceptable to the City, provided acceptance shall not be unreasonably withheld, and accomplished in a manner compatible with the adjoining residential uses in the neighborhood. Architectural design for multi-family buildings shall attempt to express a creative presentation of exterior building materials, exterior details and texture, treatment of windows and doors, and use of angles and multiplicity of planes within the wall and roof design to lessen the plainness of appearance which can be characteristic of large residential buildings.
RM Residential Medium Density District regulations for lot area, frontage, and yard requirements shall apply, unless otherwise specified herein. No dwelling unit shall be located closer than fifty feet (50') to Parcel B or D. Front setbacks shall be a minimum of thirty feet (30'). Building separation shall be a minimum of twenty feet (20'). All accessory structures shall meet minimum setback requirements as set forth in section 9-7-4 of the City Code. Off street parking lots shall have a minimum fifteen foot (15') setback from internal public street rights-of-way and minimum thirty foot (30') setback from all other parcel boundaries including adjacent property to the south. Parking lots shall be sufficiently screened, as practical, from public street view and surrounding residential properties with the use of landscaping, earth berming, and/or wall structures as may be required by the City.
The minimum thirty foot (30') setback/buffer shall include landscaping and berming to effectively buffer residential uses from adjoining properties and uses of varying density. Said buffer shall be reviewed and approved during the site planning stage.
b. Architecture Requirements: The use of brick shall be incorporated into the building architecture on all sides of the structure, unless the City Council of West Des Moines, after review by the Planning and Zoning Commission of West Des Moines shall determine that the use of alternate building materials enhances the physical appearance and accomplishes a compatible structure with the residential uses in the neighborhood. The roof design of any and all buildings within Parcel B shall be pitched or gabled and reflect a residential appearance in nature.
2. Parcel B: All general use regulations, performance standards and provisions set forth in title 9 for the Professional Commerce Park (PCP) District of the City of West Des Moines, shall apply to any development in Parcel B with Parcel B being limited to a maximum 21.83 acres in size. Only two-story office uses shall be allowed within three hundred feet (300') of any residentially zoned property. No uses, such as hotels or restaurants that are otherwise allowed in the PCP District, shall be allowed within these three hundred feet (300').
a. Development Standards: Along the property line adjacent to I-35, buildings five (5) stories (maximum of 60 feet) or lower shall be allowed a thirty foot (30') setback from the property line, while buildings over five (5) stories (maximum of 60 feet) shall be required to provide ten (10) additional feet of setback for each twelve (12) additional feet of height. Parking lot setbacks from the property line adjacent to I-35 shall be fifteen feet (15'). At the time of site plan or permitted conditional use permit review, the City will review proposals regarding buffering along I-35 and will require buffering through landscaping, berming, screenwalls, etc., in order to buffer negative elements such as service areas, loading areas, parking lots, trash enclosures, etc.
The thirty foot (30') buffer park along the east and south perimeter of Parcel B shall be appropriately designed and constructed to include berming, landscaping, and other design elements for effective screening of parking and drive areas as well as providing an aesthetically pleasant view. If South 51st Street is extended southward adjacent to residentially zoned or developed property, the land between South 51st Street and the property lines of Grey Hawk plat 1 shall become a buffer park with associated berms and landscaping with no stormwater detention allowed within the buffer.
b. Architecture Requirements: The architecture of buildings within Parcel B shall be acceptable to the City and accomplished in a manner compatible with the adjoining residential uses in the neighborhood. Architectural design for multi-family buildings shall attempt to express a creative presentation of exterior building materials, exterior details and texture, treatment of windows and doors, and use of angles and multiplicity of planes within the wall and roof design to lessen the plainness of appearance which can be characteristic of large residential buildings.
The use of brick shall be incorporated into the building architecture on all sides of the structure, unless the City Council of West Des Moines, after review by the Planning and Zoning Commission of West Des Moines, shall determine that the use of alternate building materials, enhances the physical appearance and accomplishes a compatible structure with the residential uses in the neighborhood. The roof design of any and all buildings within Parcels C and F shall be pitched or gabled and reflect a residential appearance in nature, or be otherwise acceptable to the City Council or Board of Adjustment.
3. Parcels C And F: All general use regulations, performance standards and provisions set forth in title 9 of the City Code for the SC Support Commercial District shall apply to any development proposal for the property within Parcels C and F as shown on the sketch plan, except as shall be further provided herein.
a. Permitted Uses: Allowed uses shall include all permitted and permitted conditional uses allowed within the PCP Professional Commerce Park District and within the SC Support Commercial District and the CMC Community Commercial District as outlined in the commercial use matrix of title 9, zoning ordinance, unless noted otherwise within this ordinance. Wherever there is a conflict between the processing of a particular use in the identified districts, the more stringent process shall be required. Within Parcels C and F, the following uses identified as allowed uses in the commercial use matrix shall be prohibited, unless otherwise noted in this ordinance:
Automotive/boat/vehicle dealers (SIC 551, 552, 555, 556, 557, 559).
Truckstops (SIC 5541).
Auto and home supply stores (SIC 553).
Adult entertainment establishments (part of SIC 5999).
Automobile repair, services, and parking (SIC 75) except car washes.
Recreational vehicle repair services, agricultural equipment repair services, miscellaneous automotive repair services (part of SIC 7699).
Retail nurseries and garden stores (SIC 526).
Uses with outside displays shall be prohibited except as a temporary use with the issuance of a temporary use permit or as approved by the City Council as part of a site plan or permitted conditional use permit.
A maximum of one freestanding fast food eating place with drive-through (SIC 5812) and a maximum of one fast food eating place with drive-through (SIC 5812) as part of a building that houses another type of permitted use will be allowed in the Wirtz Property PUD. Drive-throughs shall be screened from public streets with berming and landscaping to the satisfaction of City Council.
One service station with minor repair (SIC 554) and one automatic car wash (SIC 7542) as an accessory use for a service station or convenience store will be allowed within the Wirtz Property PUD; provided that the developer provides sufficient screening through the use of earth berming and landscaping with year round color to screen the negative aspects of the service islands and/or bays from the views from public streets and adjoining properties to the satisfaction of the City Council or Board of Adjustment and provided that the freestanding car wash is located on the southern half of parcel F and will be processed as a permitted use. Any overhead doors facing adjacent property or public streets must be screened with landscaping and berming. Before a site plan for a freestanding car wash may be approved by the city, a queuing study, completed by a city approved traffic engineer, shall be submitted and approved by staff to ensure that adequate stacking room shall be provided for the car wash such that public streets are not affected by the use and safety is not compromised. No outdoor storage of tires, batteries, or other automobile parts shall be allowed. In no case shall the total number of uses that dispense and sell fuel for motor vehicles exceed two (2).
b. Development Standards: Lot area, lot frontage and yard requirements shall comply with standards of the SC support commercial district, with the exception of permitting a minimum sixty foot (60') building setback from South 50th Street and permitting one lot within parcel F to be less than the minimum sixty thousand (60,000) square foot requirement. Multiple use of a lot shall comply with SC support commercial district standards with multiple buildings on a site of minimum lot area being consistent in architectural design and use of materials and organized utilizing a compatible planned open space, landscape plan, and parking plan to serve and maintain a unified master plan concept; multiple buildings separated by parking areas shall not be considered acceptable if not complying with the SC zoned district's minimum sixty thousand (60,000) square foot lot area standards with the exception as previously noted.
Parking lots, internal drives, buildings and/or structures of any kind shall be set back a minimum of sixty feet (60') from the future Civic Parkway right of way and a minimum sixty feet (60') for the first one hundred sixty feet (160') south of the north property line along South 50th Street. Buildings and/or structures of any kind shall be set back a minimum of sixty feet (60') from any other roadways adjacent to parcels C and F. A minimum ten foot (10') parking lot and internal drive setback shall be maintained from adjoining properties if said parking lot is not part of a common parking lot jointly used by adjoining properties. A thirty foot (30') building setback and fifteen foot (15') parking setback shall be allowed on the western property line of parcel C, adjacent to I-35. At the time of site plan or permitted conditional use permit review, the city will review proposals regarding buffering along I-35 and will require buffering through landscaping, berming, screen walls, etc., in order to buffer negative elements such as service areas, loading areas, parking lots, trash enclosures, etc. Parking lots shall be sufficiently screened, as practical, from public street view and surrounding residential properties with the use of landscaping, earth berming, and/or wall structures as may be required by the city. Adequate open space, landscape plantings, earth berming and/or other landscape elements shall be designed and constructed at the southeast corner of the intersection of Mills Civic Parkway and South 50th Street as agreed to by the city and developer to complement the open space, landscape plantings, earth berming and/or other landscape elements which shall also be required at the other three (3) corners of the intersection of existing Mills Civic Parkway and South 50th Street to create an attractive and aesthetically pleasing intersection and entryway from the future Interstate 35 interchange into the city of West Des Moines. Said landscape improvements shall be approved and constructed prior to the occupancy of any use within parcel C or F of the Wirtz Property PUD.
c. Architecture: The architectural design of any building shall be acceptable to the city, provided acceptance shall not be unreasonably withheld, and all buildings within the parcel shall have as a primary element of the exterior being fascia glass, face brick, or stone, with all sides of any building built within parcels C and F consistent in design and use of materials. No wood, Masonite, visible asphaltic exterior wall, aluminum siding, nonarchitectural sheet metal, concrete block, or other similar materials shall constitute a portion of any building exterior, except as a trim material, unless the city council of West Des Moines, after review by the planning and zoning commission of West Des Moines shall determine said material when used as a primary element enhances the physical appearance. The roof design of any and all buildings within parcels C and F shall be pitched or gabled and reflect a residential appearance in nature, or be otherwise acceptable to the city council or board of adjustment.
d. Traffic Report: All development within the Wirtz Property PUD shall comply with the approved traffic report dated November 15, 2002, or as subsequently amended. Unless otherwise waived, all development within parcel F must meet the particular requirements as stated in the traffic report, which include the following:
(1) Driveways to parcel F can be located no further north than the existing Somerfield driveway along South 50th Street and the existing McDonald's/Kum&Go driveway along South 51st Street.
(2) The centerline of the middle access to South 51st Street shall be aligned with the centerline of the existing access to the west.
(3) Any driveway to parcel F from South 51st Street, south of the existing private street located on the west side of South 51st Street (south of McDonald's/Kum&Go), shall be located at the south property line of this parcel to provide a "common" access to both this parcel and lot 1, Grey Hawk plat 1, or in the case where a common access is not agreeable to the owner of said lot 1, Grey Hawk plat 1, any driveway to this parcel from South 51st Street, south of the existing private street located on the west side of South 51st Street (south of McDonald's/Kum&Go), shall be located a minimum distance of one hundred fifty feet (150') (centerline to centerline) from the existing private street located on the west side of South 51st Street (south of McDonald's/Kum&Go).
4. Parcels D And E-1: All general use regulations, performance standards and provisions set forth in title 9 of the city code for the R-1 single-family residential district of the city of West Des Moines, shall apply to any development in parcel D or E-1.
a. Development Standards: A minimum thirty foot (30') buffer park easement shall be required for all lots bordering 50th Street with no driveway access to individual lots permitted from South 50th Street. The minimum thirty five foot (35') rear yard setback shall be measured from the thirty foot (30') buffer park easement with no fences or structures permitted within the buffer park easement. Prior to development within any part of parcels D and E-1, a buffer plan shall be reviewed and approved by the city which illustrates that use of berms and tree plantings to effectively buffer the single-family residential uses along South 50th Street from South 50th Street and projected uses west of South 50th Street.
5. Parcel E-2: All general use regulations, performance standards and provisions set forth in title 9 of the city code for the PCP, professional commerce park district of the city of West Des Moines, shall apply to any development in parcel E-2, except as provided herein. Parcel E-2 shall encompass a maximum of 4.76 acres.
a. Permitted Uses: Uses within parcel E-2 shall be limited to office use only within three hundred feet (300') of residentially zoned property. Other uses that are allowed in the PCP district (restaurants, hotels, physical fitness facilities, etc.) shall be prohibited within these three hundred feet (300').
b. Development Standards: A minimum thirty foot (30') buffer park with associated berming and landscaping shall be required along South 50th Street and along the southern boundary of parcel E-2. No buildings or paving can be placed within these buffer areas. Buildings and/or structures of any kind shall be set back a minimum of sixty feet (60') from South 50th Street and from the southern boundary of parcel E-2. Other parking lot setbacks outside of established buffers shall meet the PCP standard of twenty feet (20') from right of way lines or remain five feet (5') from property lines, whichever is more restrictive. Parking lots shall be sufficiently screened, as practical, from public street view and surrounding residential properties with the use of landscaping, earth berming, and/or retaining walls as may be required by the city. A maximum height of two (2) stories shall be allowed for any building within three hundred feet (300') of any residentially zoned property.
c. Architecture: The architecture of buildings within parcel E-2 shall be acceptable to the city and accomplished in a manner compatible with the adjoining residential uses in the neighborhood. The scale and massing of buildings shall convey a residential appearance. Architectural design for office buildings shall attempt to express a creative presentation of exterior building materials, exterior details and texture, treatment of windows and doors, and use of angles and multiplicity of planes within the wall and roof design to lessen the plainness of appearance. All buildings within parcel E-2 shall incorporate brick into the building architecture on all sides of the structure and shall also have a roof design that is compatible with the existing residential neighborhood, or be otherwise acceptable to the city council or board of adjustment.
d. Traffic Report: All development within the Wirtz Property PUD shall comply with the approved traffic report dated November 15, 2002, or as subsequently amended.
(Ord. 1500, 12-9-2002; amd. Ord. 1513, 3-3-2003; Ord. 1572, 3-1-2004; Ord. 2338, 1-7-2019; Ord. 2584, 10-16-2023)