Whereas, title 9 of the city code includes chapter 9, "Planned Unit Development District" and establishes certain regulations and guidelines pertaining to accompanying information required on a plat, site plan, and/or permitted conditional use permit documents.
Now, therefore, the following conditions, restrictions, and regulations are adopted as part of this approval, to wit:
A. General Conditions: The parcel identification map and conceptual site plan incorporate residential land uses (in parcel 1), open space and recreational land uses (in parcel 2), and office and retail land uses (in parcel 3) that shall be distributed by area, types, and location according to the parcel identification map as presented.
In addition, the following general site plan criteria shall be integrated into and made a part of the Jordan Creek Town Center PUD:
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 most current design standards adopted by the city of West Des Moines pertaining thereto unless otherwise stated within this ordinance.
2. Unless otherwise specified herein, the development of the Jordan Creek Town Center PUD shall comply with title 9, "Zoning", of the city code or any other applicable city codes.
3. In all areas within a 100-year frequency flood hazard zone, or adjoining drainageways, and detention ponding areas involving potential flood hazards, no building shall be erected that has a lowest floor, including basements, less than one foot (1') above the determined level of the 100-year frequency flood event, and no building shall be located within twenty five feet (25') of any easement or property boundary of a major drainageway, storm water detention basin, or pond, unless said location is approved as part of a development entitlement by the city council and said building is structurally designed accordingly.
4. Except as otherwise provided in that certain development agreement executed by the developer and the city dated March 6, 2000, or as amended, the developer, its successors and assigns, if any, shall pay all construction and engineering costs for the interior development of the planned unit development, as required by this ordinance or any other applicable city codes.
B. Land Use Design Criteria; Parcels 1, 2, And 3: In addition to the general conditions as stated in subsection A above, the parcel identification map that is made a part of this rezoning action per section 047-04 of this ordinance delineates three (3) parcels of the PUD as parcels 1, 2, and 3, for application of specific standards of land use and development regulations. These parcels (hereinafter referred to as the "Parcels") are identified for application of specific standards of land use and development regulation. The following land use design criteria, use regulations, development standards, and landscaping regulations shall apply to the development areas designated as parcels 1, 2, and 3 on the parcel identification map, as applicable:
1. Parcel 1: Parcel 1 lies north of Jordan Creek. It is the intent of the layout and design of the parcel to take full advantage of the Jordan Creek Greenbelt Park setting on the south side of this parcel.
a. Land Use: The development standards and uses for this parcel shall comply with the residential medium-density district, unless noted otherwise herein. The maximum permitted density shall be eight (8) dwelling units per acre with a maximum of four (4) units per building. Parcel 1 shall incorporate a maximum of ten (10) acres.
b. Parking: Within this parcel the required parking shall be two (2) off street spaces per unit and one space per three (3) units for visitor parking. Tandem parking shall be allowed to meet the required parking requirements. In addition, one space per one hundred (100) square feet of gross floor area shall be provided for any building or portion of a building designated for multipurpose recreational uses.
c. Building Height: Within this parcel, permitted building heights will be a maximum of two (2) stories, not including basements, or thirty six feet (36') above the average grade of the building.
d. Building Setbacks: Building setbacks shall be a minimum thirty five feet (35') from the ultimate right-of-way of 74th Street and from the perimeter of the parcel. Internal building setbacks shall be a minimum twenty feet (20') from the right-of-way line or easement of the internal street; however, garage openings shall be no closer than twenty five feet (25') from said right- of-way line or easement. No unit shall be closer than twenty feet (20') from another unit in a separate building.
e. Access: Primary vehicular access shall be provided from the public street stub to the north.
f. Open Space/Buffer: The minimum required open space in this parcel shall be equal to at least twenty five percent (25%) of the gross area of the parcel. Common parking areas, except for driveways shall be effectively screened from general public view by incorporating the natural landscape and topography with the introduction of permanent earth berming of no less than two and one-half feet (21/2') above the top of curb of the adjacent public street. In any case, all parking areas shall include landscape areas, islands, screens, etc., equal to not less than ten percent (10%) of the total paved area. Such landscaped area shall be in addition to the open space requirements for the total parcel. Landscaped islands within the parking area shall have ground cover of grass (i.e., sod), shrubs or other acceptable living plant life, unless the city specifically approves an alternate ground cover as part of the site plan review.
A thirty foot (30') buffer park shall be established along the 74th Street right-of-way. The buffer park shall be designed in accordance with the West Des Moines buffer ordinance and shall be installed as a part of the site plan development. Landscape within the buffer park shall be in addition to the landscaped open space requirement.
g. Architectural Character: At the time of site plan development for parcel 1, an architectural theme shall be developed for this parcel that is in keeping with the overall architectural character of the area. Each neighborhood unit should be developed to have a sense of identity and uniqueness while still providing connecting links to other developments within the area. The residential setting has a rolling topography falling toward the Jordan Creek greenbelt, which will provide a good opportunity to develop walkouts.
Openings should be placed and spaced to provide privacy for the residents of adjacent units. The homes should be compatible with surrounding structures, and have well executed details that are consistent with the architectural design of the total project.
Roof forms shall be pitched, hip, or gabled in design and shall demonstrate the same character on all sides of the residences. Eave lines should align whenever possible. Eaves and rakes should be articulated by multiple fascia boards, cove and crown mould, or gutters. Gutters and downspouts should be used at all eave lines unless deemed inappropriate by the developer at the time of site plan review.
Consistency of detailing on all elevations should be maintained. Bay windows are encouraged and should be carried down to grade or express visual support of the cantilevered condition. When bay windows are stacked in a two (2) story condition, the blank panel between all facets should be articulated.
At a minimum, masonry or stone facing elements shall be incorporated into the front of the residences and any building wall that faces the Jordan Creek greenbelt and should turn around a corner to a logical point of termination such as an inside corner. Ending the veneer at an outside corner that would expose the edge of the material shall not be permitted. Exposed concrete block shall be prohibited.
h. Landscaping: Landscape will include the integration of overstory and understory trees throughout. The minimum landscaping required shall be two (2) (2-21/2 inch caliper) trees and three (3) (18 - 24 inch) shrubs per three thousand (3,000) square feet of open space in the parcel in accordance with the city code. An entrance with additional shrubs and flowers with monument signage identifying the project may be permitted with the approval of a sign permit. The maintenance of the sign shall be the responsibility of a homeowners' association.
In order to facilitate pedestrian access into and out of this parcel to the commercial area to the south of the Jordan Creek greenbelt, a pedestrian bridge or crossing shall be constructed across the creek. This crossing shall be identified as part of the circulation element of the site plan of any adjacent parcel.
2. Parcel 2: The Jordan Creek greenbelt is a minimum of three hundred feet (300') in width and spans the entire distance of the neighborhood from 74th Street to the eastern edge of the property. The owner and/or developer, their assigns and successors, shall reserve for dedication to the city that ground designated as parcel 2 as shown on the parcel identification map, on file with the community development department of the city, for inclusion within the Jordan Creek greenbelt for active park and open space use. Furthermore, in consideration of the dedication of parcel 2, the city agrees to waive the developer's share of the "mandatory fee payment for acquisition and/or development of park system", required by title 10 of the city code. Said area shall be platted with the platting of parcel 1 or parcel 3 or any portion thereof, adjoining the greenbelt parcel's boundary. The property to be dedicated to the city shall be free of any liens, encumbrances, and assessments. A ten foot (10') wide bikeway/walkway/jogging trail is planned to link the development to other parts of the city and metropolitan area and will be constructed or bonded for as part of the public improvements at the time of the platting of parcel 2.
Any impoundment of water in the greenbelt area shall be identified on the master plan or site plan of any surrounding parcels, and shall be in compliance with the 1993 Jordan Creek drainage basin study prepared by Veenstra and Kimm.
3. Parcel 3: In addition to the general conditions stated in subsection A of this section, the following land use design criteria, use regulations, development standards, landscaping regulations, and sign regulations shall apply to the development area designated as parcel 3 on the parcel identification map as applicable:
a. Allowed Uses: Unless otherwise provided in this ordinance, all permitted and permitted conditional uses allowed within the RC regional commercial shall be allowed in parcel 3 except as modified below: (Ord. 1481, 5-13-2002)
(1) The following uses shall be allowed as permitted uses:
Amusement and recreation services, not elsewhere classified (SIC 7999) (refer to list of prohibited uses below for exceptions).
Automotive tire sale stores (SIC 5531 99 01), provided that such facility is an accessory use to an anchor store or a freestanding building containing thirty five thousand (35,000) square feet or more of gross leasable floor area within Lots 6, 7, and 8 of Jordan Creek Town plat no. 1 - replat 1.
Cable and other pay TV services, except transmitting/receiving towers and/or dishes (SIC 484).
Coffee shops, provided that no more than two (2) such coffee shops with drive-through pick up service shall be permitted (the foregoing restriction shall not be construed as limiting the number of coffee shops without drive-through service).
Educational services (SIC 82).
Freestanding automatic teller machines (ATM) (SIC 60).
Gasoline service stations, without repair (SIC 554), provided that such facility is an accessory use to a permitted use allowed within Lot 8 of Jordan Creek Town plat no. 1 - replat 1 in conjunction with a price club organization, and that the facility sells only gasoline and only to members. No accessory products, such as windshield wiper fluid, oil, food, etc., shall be allowed to be displayed or sold at the fuel dispensary location.
Justice, public order and safety (SIC 92).
Liquor stores (SIC 592).
Membership organizations with food/drink services and conference facilities (SIC 869).
Membership sports and recreation clubs (SIC 7997).
Museums, art galleries, botanical and zoological gardens (SIC 84).
Pet and pet supply stores (SIC 5999).
Religious organizations (SIC 866).
Services, not elsewhere included (SIC 89).
Social associations with food/drink service (SIC 864).
Social services (SIC 83).
U.S. postal service (SIC 43).
Videotape rentals (SIC 784). (Ord. 1481, 5-13-2002; amd. Ord. 1578, 4-26-2004; Ord. 1586, 7-19-2004)
(2) The following uses shall be prohibited:
Automotive repair, services, and parking (SIC 75) (except as permitted as an accessory use below) and except that one SIC 7542, car wash shall be allowed within the Jordan Creek Town Center PUD with approval of a permitted conditional use.
Boarding services - kennels (SIC 0752).
Convenience stores (SIC 541).
Dating and escort services (SIC 7299-03).
Eating places with drive-throughs (SIC 5812).
Funeral service (SIC 726).
Gasoline service stations, with repair (SIC 554).
Go-carts, trapshooting, and shooting ranges (part of SIC 7999).
Hospitals (SIC 806).
Miscellaneous automotive repair services (SIC 7699).
Nursing and personal care facilities (SIC 805).
Public golf courses (SIC 7992).
Racing, including track operations (SIC 7948).
Recreational vehicle repair services (SIC 7699). (Ord. 1481, 5-13-2002; amd. Ord. 1586, 7-19-2004; Ord. 2371, 7-1-2019)
(3) The following uses shall be permitted only as an accessory use to an anchor store:
Automotive exhaust system repair shops (SIC 7533).
Automotive services, except repair and car washes (SIC 7549).
Automotive services, not elsewhere classified (SIC 7539).
b. Development Standards: 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 RC regional commercial district shall apply to any development within parcel 3 as shown on the parcel identification map. (Ord. 1481, 5-13-2002)
(1) Height: No part of any structure located in parcel 3 shall exceed seventy five feet (75') in height measured from the average finished grade, except any hotel/motel constructed on parcel 3 may be a maximum of ten (10) stories and the sign structure for the theater building as referenced in section 047-07 of this ordinance shall be permitted. No part of a freestanding building located on an outparcel shall exceed thirty six feet (36') in height, measured from the average finished grade, except for any hotel/motel that may be constructed on an outparcel, which may be a maximum of ten (10) stories. (Ord. 1481, 5-13-2002; amd. Ord. 1578, 4-26-2004)
(2) Building Setback; Generally: Except as otherwise provided in this ordinance, no part of any freestanding or multiple attached building under twenty thousand (20,000) square feet GFA shall be erected within fifty feet (50') of the perimeter of parcel 3. Except as otherwise provided in this ordinance, no part of any freestanding or multiple attached building over twenty thousand (20,000) square feet GFA shall be erected within one hundred feet (100') of the perimeter of parcel 3, except for those buildings within lots 7 and 8 of Jordan Creek Town Center plat 1 - replat 1, which shall have a setback of eighty feet (80'), and except for a hotel building located on lot 5, Jordan Creek Town Center plat 1, replat 1 which meets the requirements stated elsewhere within this section, shall have a minimum setback of twenty five feet (25'). (Ord. 2016, 12-30-2013)
(3) Building Setback; Enclosed Mall And Anchor Stores: No part of the enclosed mall or anchor stores shall be erected within one hundred fifty feet (150') of the perimeter of parcel 3. (Ord. 1481, 5-13-2002)
(4) Building Setback; Hotel: No part of any hotel under six (6) stories in height shall be erected within one hundred feet (100') of the perimeter of parcel 3 except for a hotel on lot 5, Jordan Creek Town Center plat 1, replat 1 which may be located no closer than twenty five feet (25') from the ultimate public street right of way line of S68th Street. No part of any hotel, including a hotel on lot 5, Jordan Creek Town Center plat 1 - replat 1 over six (6) stories in height shall be erected within one hundred fifty feet (150') of the perimeter of parcel 3. (Ord. 2016, 12-30-2013)
(5) Lot Area: Multiple buildings separated by parking areas or drives and lots less than sixty thousand (60,000) square feet in size may be considered acceptable within parcel 3 if supported by appropriate easements or a reciprocal easement agreement; and if approved by the plan and zoning commission and city council as part of a site plan, permitted conditional use permit, or plat. (Ord. 1481, 5-13-2002)
(6) Cart Corrals: Cart corrals shall be permanent fixtures and constructed with masonry, stone or block. No signage shall be located on the cart corrals. (Ord. 1578, 4-26-2004)
c. Additional Standards And Requirements: The following standards and requirements shall apply in parcel 3 and are in addition to other applicable standards and requirements provided by the West Des Moines zoning ordinance. 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.
(1) Open Space/Landscape/Buffers:
(A) The minimum aggregate required open space in parcel 3 shall be thirty five percent (35%) of the total site area. Feature lakes; detention pond areas; easements for public amenities; sidewalks within open areas; pedestrian plazas; and paved outdoor spaces (excluding parking lots) shall be counted toward open space requirements. However, in the case of pedestrian plazas and paved outdoor spaces, such areas shall not count if dedicated as a patron use area for a specific business, e.g., outdoor seating for a restaurant. A pedestrian/bike trail shall be constructed around and through parcel 3 that connects with the Jordan Creek trail system and adjoining properties.
(B) Two (2) trees and three (3) shrubs per three thousand (3,000) square feet of required open space shall be provided within said open space. Ten percent (10%) of all required trees shall be a minimum of three (3) to three and one-half inch (31/2") caliper. Forty percent (40%) of all required trees shall be a minimum of two (2) to two and one-half inch (21/2") caliper. The balance of all required trees shall be one and one- half inch (11/2") caliper. The minimum height for evergreens shall be six feet (6') and may be counted as two (2) to two and one-half inch (21/2") caliper. (Ord. 1481, 5-13-2002)
(C) With the exception of lot 5, Jordan Creek Town Center plat 1, replat 1, buffer parks required along Jordan Creek Parkway (formerly known as 74th Street), Mills Civic Parkway, E.P. True Parkway, and 68th Street shall be established utilizing the standards set forth in the buffer ordinance. Landscape within the buffer parks shall be in addition to the landscaped open space requirement. For lot 5, Jordan Creek Town Center plat 1, replat 1, a minimum twenty five foot (25') wide streetscape shall be provided parallel and immediately adjacent to the ultimate public street right of way line of S68th Street. Vegetation within the streetscape shall be provided in accordance with that required by city code for a thirty foot (30') buffer park. Vegetation required of the streetscape area shall be in addition to vegetation required of parking, buffers, open space, and visual screening of parking and/or negative site elements. Earthen berming shall be incorporated as necessary to provide adequate visual mitigation of negative site elements, including parking and mechanical equipment. (Ord. 2016, 12-30-2013)
(D) The negative elements of such uses as loading docks; heating, ventilation, or air conditioning (HVAC) units; or similar electrical or mechanical appurtenances shall be designed to be screened and buffered from view by the general public through the use of architectural features or earth berming and landscaping.
(2) Access:
(A) Pedestrian Access:
(i) The development of parcel 3 shall integrate trails and pathways within and around the commercial area to link the surrounding areas with the pedestrian plaza, in order to encourage interaction between plaza users. Connections shall be provided from any internal pedestrian pathways to a perimeter trail system and ultimately to the city's greenbelt trail system. The need for sidewalks and trails within the public right of way will be evaluated at the time of site plan review.
(ii) Outdoor entertainment, outdoor dining, and some seasonal or temporary sidewalk shopping displays shall be allowed in the plaza areas with the issuance of a temporary use permit by the city or as approved by the city council as part of a site plan or permitted conditional use permit. Outdoor display and storage of merchandise shall be prohibited except as permitted above.
(iii) Bicycle parking facilities shall be incorporated into the development of commercial areas, except hotels, as part of a site plan or permitted conditional use permit approval.
(B) Vehicular Access:
(i) Driveways shall be located so that no undue interference with the free movement of road traffic will result, to provide the required sight distance (AASHTO), and to provide the most favorable driveway grade.
(ii) Access points to the development shall be limited to what is shown on the attached conceptual site plan, as evaluated in the traffic impact study. Any deviation from this shall require the approval of the West Des Moines city engineer.
(3) Grand Openings And Special Events: Grand openings and other special events, except for usage of the planned amphitheater, shall require a special event permit and/or sound permit. (Ord. 1481, 5-13-2002)
(4) Off Street Parking:
(A) Parking Space Ratio: Parking shall be provided in parcel 3 based on the aggregate ratio of 4.5 off street parking spaces per one thousand (1,000) square feet of gross leasable floor area of improvements constructed in parcel 3. For purposes of the parking requirements applicable to Parcel 3, restaurants, hotels, and other uses established on the outparcels shall not be considered separate, stand alone parcels requiring parking ratios in excess of 4.5 off street parking spaces per one thousand (1,000) square feet of gross leasable floor area. Hotels shall provide a minimum of one space per room within the site or on a parcel immediately adjacent with that property owner's approval. (Ord. 2016, 12-30-2013)
(B) Landscape Areas:
(i) Off street parking areas containing twenty five (25) or more parking spaces shall provide internal landscaping, other than that required in a buffer zone or along the frontage, and shall be protected by a concrete curb. (Ord. 1481, 5-13-2002)
(ii) Landscape islands a minimum of seven feet (7') in width shall be provided at the end of all parking rows. In addition, landscape islands a minimum of five feet (5') in width or with diamond shapes shall be provided throughout the parking lots and within the parking rows such that no parking space is farther than one hundred twenty five feet (125') away from any landscaped open space. All landscape islands within parking areas shall be deemed to apply toward the satisfaction of the minimum aggregate open space requirement of thirty five percent (35%) of Parcel 3. (Ord. 1578, 4-26-2004)
(iii) Landscaped areas shall be covered by grass or other living ground cover, wood mulch, or acceptable alternatives approved in conjunction with a site plan or permitted conditional use permit.
(iv) Required trees shall be located to minimize potential damage by vehicles, to ensure adequate sight distance, and the maneuvering of emergency vehicles within the development.
(v) The internal landscaped areas shall be located to direct traffic (particularly near site entrances); dispersed through the lot to improve site aesthetics, and installed so that, when mature, it does not obscure traffic signs, fire hydrants, lighting, drainage patterns on site or adjacent properties, or obstruct vision for safety of ingress or egress.
(vi) Parking areas shall be screened, recessed, or otherwise constructed and located so as to prevent the glare from automobile headlights illuminating adjacent properties and to minimize negative views from public streets.
(vii) Parking area lighting shall be shielded so as to prevent illumination of adjacent properties. Wall pack lighting shall be prohibited. A photometric lighting plan shall be submitted for review in conjunction with any site plan or permitted conditional use permit within Parcel 3.
(viii) Off street loading areas shall not interfere with or impede the circulation or flow of traffic. (Ord. 1481, 5-13-2002)
d. Architecture: The architectural design of any building shall be acceptable to the City. The primary elements of the exterior of all buildings in Parcel 3 shall be face brick. The City Council, after having received a recommendation from the Plan and Zoning Commission, shall determine the appropriateness of an architectural material when used as a building element as to whether the material enhances the physical appearance of the development, or provides continuity desired to unite all structures within the development into one project concept.
It is the intent of the North Village District of Parcel 3 to develop into a vibrant and eclectic main street atmosphere. It is anticipated that individual tenants may want to incorporate materials, colors, details or an architectural style that is specific to the tenant's corporate identity. Incorporation of these elements into the existing context is encouraged, however prototypical franchised architecture is not permitted. Use of bright, attention getting materials and color choices should be limited to accent areas to avoid expensive alterations of the facade with the transition of tenants.
Attention should be paid to breaking up solid walls by incorporating window elements, introduction of multiple planes, and articulation of surfaces through the use of various materials. Tower elements may be incorporated as an enhancement of the architectural design of the building or tenant space. Elements of a streetscape should be provided within the development where possible. Such elements may include individual storefronts; sidewalks and sidewalk amenities such as benches; planters; or other design elements; themed pedestrian scale lighting and signage, and awnings. (Ord. 2291, 4-16-2018)
Any gas station and tire store must be situated such that they are not a prominent feature from the public right-of- way or from any of the main entries into the Jordan Creek Town Center. They shall meet development standards that include, but are not limited to, the following:
(1) Gas Stations And Canopies: Pump stations and drive-through canopies must be designated to incorporate the main building's architecture through the use of similar building materials, roof design, and color, including the application of brick or stone to canopy support columns. Canopy lights shall be flush mounted.
(2) Overhead Doors: Any overhead doors necessary for tire sales and service must be incorporated into the main building such that the doors and the area around the doors are as attractive as the rest of the building. The overhead doors shall incorporate the same glass and trim detail that is used on the windows throughout the building. Doors must remain closed at all times except when vehicles are entering or leaving.
(3) Pedestrian Scale: Pedestrian friendly details, such as awnings, light fixtures, covered entryways, arcades, benches, flower pots, and architectural details, such as medallions, cornices, trim, etc., shall be used to soften any business that includes a fuel facility. The same level of architecture shall be required on all sides of the structure. (Ord. 1586, 7-19-2004)
(4) Screening: Screening shall be required parallel to any tire sales or gasoline sales such that there is a complete screen that is opaque (non-see through) from the ground to a height of at least six feet (6') for tire sales and at least two feet (2') for gas sales. The opaque portion of the screen must be opaque year round. If landscaping is used to produce the screening, complete opacity shall be reached within five (5) years of planting. The screen will need to be located and designed such that it does not interfere with any other established landscaping scheme on the Jordan Creek Town Center site, to the satisfaction of the Development Planning and Inspection Manager. (Ord. 1586, 7-19-2004; amd. Ord. 1986, 5-13-2013)