Whereas, Title 9, Zoning, Chapter 9 of the West Des Moines City Code, establishes certain regulations and guidelines pertaining to the Planned Unit Development District and accompanying information required on plat and site plan documents. Now, therefore, the following conditions, restrictions, and regulations are adopted as part of this approval, to wit:
A. General Conditions: The sketch plan incorporates single-family residential, multi-family residential, and commercial/office/retail land uses which shall be distributed by area, types and location according to the sketch plan and this Ordinance.
In addition, the following general development criteria shall be integrated into and made a part of this planned unit development and sketch plan approval:
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 pertaining thereto, unless otherwise stated within this Ordinance.
2. Unless otherwise specified herein, the development of the Somerfield PUD shall comply with the off-street parking and loading areas, open space requirements and entitlements provisions and all other provisions of the West Des Moines zoning ordinance. For the purposes of the application of section 9-9-6, final plan submittal, the submittal of final plan documents for any parcel, or part of any parcel of the Somerfield PUD within one year after approval and publication of this ordinance, shall be considered to satisfy the terms and requirements of section 9-9-6.
3. 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 shall still be enforced.
4. 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 which 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 erected within twenty five feet (25') of any easement or property boundary of a major drainageway, storm water detention basin or pond.
5. The developer, their successors and/or assigns, if any, shall pay all planning, engineering, and construction costs for the interior development of the planned unit development, as required by this ordinance, metropolitan design standards or the subdivision ordinance of the city of West Des Moines, Iowa, for all streets, storm sewers, sanitary sewers, drainageway improvements, detention basins, water mains, buffers and other improvements within parcels A, B, and C of the Somerfield PUD as may be required by the subdivision ordinance, zoning ordinance, metropolitan design standards or this ordinance.
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 008-02 of this ordinance, delineates three (3) parcels of the PUD as parcels A, B and C 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. (Ord. 1358, 4-19-1999)
1. Parcel A: All general use regulations, performance standards, and provisions set forth for the support commercial district (SC) shall apply to any development proposal for the property within parcel A as shown on the sketch plan, except as shall be further provided herein. This parcel shall encompass a maximum of 6.20 acres.
a. Permitted Uses: Allowed uses within parcel A shall include:
(1) All permitted uses and permitted conditional uses listed in title 9, zoning, for the support commercial district (SC) or the office district (OF) unless noted otherwise herein. Uses listed under SIC 55 automobile dealers and service stations, and/or facilities selling petroleum products dispersed from fuel pumping islands, any and all drive-through facilities shall be prohibited, with the exception of one drive-through facility for a bank and one drive-through facility for a pharmacy or dry cleaning. In no case shall a drive-through for restaurant uses be allowed. Any drive- through facility shall be designed to be buffered from views from the single-family residential uses and the public street with landscaping or other methods, as determined at the time of site plan review. Any and all outside display areas and all auto-related sales and service facilities shall be prohibited. (Ord. 1424, 10-30-2000)
(2) Any building(s) in the eastern one hundred eighty five feet (185') of parcel A shall be allowed to be developed with a maximum of twenty one thousand (21,000) square feet of retail use on the first floor. Any retail uses shall be limited to the first floor of the building(s) and their primary entrances shall be oriented towards the commercial uses to the west. A maximum of thirteen thousand five hundred (13,500) square feet of office space shall be allowed on the west side of the second story mix of retail, office and multi- family residential uses for which the primary entrance shall be oriented towards the east provided that adequate parking is provided in accordance with the requirements of the city code. A maximum of sixteen (16) multi-family apartments shall be permitted within this mixed-use area. The location and mix of multi-family units and office space shall be determined at the time of site plan review. Office uses shall be required to be contiguous with one another and in no case, where there is a mix of residential uses and office uses, shall residential uses be intermingled with office space. The office space may be organized with the office uses located near the center of the building with residential uses on the ends of the building; however, the office uses shall not be permitted to be located on the ends of the building with residential uses sandwiched between the office uses.
The west one-half (1/2) of the second floor of the retail, office and multi-family residential (transition) building(s) within the east one hundred eighty five feet (185') may be used as office uses provided that adequate parking can be provided to meet the minimum city code requirements.
A maximum of twelve (12) detached garage units to be provided in two (2) buildings shall be allowed to be located to the east of the transition building. The two (2) buildings containing the detached garages will be designed to be incorporated into the berm of the required thirty foot (30') buffer park between parcels A and B to aid in the screening of the transition building from the townhome units.
Restrictions shall be placed on the commercial activity on the east side of the transition building such that the following shall apply:
(A) Commercial Deliveries: Trash removal or similar commercial traffic shall be prohibited between the hours of 8:00 P.M. to 8:00 A.M.
(B) Any dumpsters located on the east side of the building, whether they are enclosed in a garage structure or in an open enclosure shall be limited to recyclable materials (no food, grease, or any other odor producing materials) and shall be adequately screened from public view to the satisfaction of staff and shall be reviewed at the time of site plan submittal. No trash boxes, delivery carts, delivery trailers or any other type of commercial product or material shall be allowed to be stored outside of the building on a temporary or permanent basis (except during the actual process of loading/delivery of products).
Garages shall be limited to be used by the residential, office and commercial tenants for the primary purpose of vehicle storage. No garage unit shall be allowed to be leased to persons other than the tenants on-site. No garage shall be used principally for storage other than vehicles as described herein.
Any trash dumpsters to be used for waste material other than recyclable paper products will be restricted to locations on the north and south sides of the transition building.
b. Development Standards: Lot area, lot frontage and yard requirements shall comply with standards of the SC support commercial district, unless modified herein. 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 support commercial district's minimum sixty thousand (60,000) square foot lot area standards.
Parking lots, internal drives, buildings and structures of any kind shall be setback a minimum of sixty feet (60') from the ultimate right-of-way of George M. Mills Civic Parkway and/or Fuller Road right-of-way and a minimum of sixty feet (60') from South 50th Street for the first one hundred sixty feet (160') south of the north property line along South 50th Street, unless noted otherwise herein. Any parking lot located along South 50th Street beyond the first one hundred sixty feet (160') will be required to meet a ten foot (10') setback from the ultimate right-of-way. 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. 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 George M. Mills Civic Parkway and South 50th Street as agreed to by the city and developer to compliment 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 George M. 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 A of the Summerfield PUD. (Ord. 1358, 4-19-1999)
No through access drive, parking, or loading area shall be allowed at the rear of any building adjacent to parcel C in the west three hundred sixty feet (360') of parcel A. Any area beyond three hundred sixty feet (360') from the right-of-way line for South 50th Street, may be allowed to have driveways and parking, but no loading areas shall be allowed due to the area being located near existing residential properties and concerns about blocking the drive aisle. All loading and dock areas shall be screened from views from the single-family residential uses to the south of parcel A and from the public street in accordance with city code requirements. Minimum building setback from parcel C shall be twenty feet (20'). A twelve foot (12') parking lot setback and buffer park measured from the southern property line of parcel A, from the jog in the southern property line to the east property line within parcel A, with said buffer park planted at one-half (1/2) of the requirements of a thirty foot (30') buffer park or some alternative planting schedule that is satisfactory to staff. A minimum of a sixty foot (60') buffer park shall be required along George M. Mills Civic Parkway and within the first one hundred sixty feet (160') from the north property line along South 50th Street. The sixty foot (60') buffer park shall be measured from the ultimate right-of-way for George M. Mills Civic Parkway and a fifteen foot (15') dedicated utility easement may be located within the sixty foot (60') buffer park. The sixty foot (60') buffer park required along South 50th Street shall be measured from the ultimate right-of-way. The sixty foot (60') setback/buffer areas shall be appropriately designed and constructed to include berming, landscaping, and other design elements in accordance with the buffer ordinance for effective screening of parking and drive areas as well as providing an aesthetically pleasant view as it relates to this principal entrance into the city of West Des Moines. (Ord. 1424, 10-30-2000)
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 parcel A consistent in design and use of materials. No wood, masonite, 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. Asphaltic roof material shall be allowed provided the shingle materials used are of a heavier grade that simulate a shake shingle and is consistent with the color and materials used for the multi- family residential development in parcel B. The roof design of any and all buildings within parcel A shall be pitched or gabled and reflect a residential appearance in nature.
d. Buffering: In the event that the detached garage units on parcel A are built, they shall be designed so that they are incorporated into the berming of the thirty foot (30') buffer park established along the west boundary of parcel B. A six foot (6') fence shall be constructed within the thirty foot (30') buffer park in the area between the garage buildings and on each end of said buildings for a total of two hundred ten (210) lineal feet. The fence shall be of a wood construction and designed to blend with the architectural elements of the residential buildings with brick or stone posts, to be spaced no more than twenty feet (20') on center per the requirements of the city code.
In the event that the garage units on parcel A are not built and there are no commercial activities on the east side of the transition building, then the required thirty foot (30') buffer park along the west boundary of parcel B shall suffice as adequate buffering between parcels A and B. However, in the event that there are commercial activities on the east side of the transition building and the two (2) buildings containing the twelve (12) detached garage units on parcel A are not built, then a six foot (6') fence shall be required to be constructed on the east boundary of parcel A with construction as described above.
e. Height Restrictions: No building in parcel A shall exceed two (2) stories in height with the maximum allowable height being thirty six feet (36').
2. Parcel B: All general use regulations, performance standards and provisions set forth in the zoning ordinance for the residential high-density district, shall apply to any development in parcel B unless modified herein. Development of parcel B shall be limited to a maximum of eight and five- hundredths (8.05) acres in size and a maximum of one hundred twenty eight (128) dwelling units, if developed as multi- family residential uses. In the event that parcel B is developed as a townhome or attached single-family residential development, all general use regulations, performance standards, and provisions set forth in the zoning ordinance for the medium-density residential district, shall apply to any development in parcel B, unless noted otherwise herein. The development of parcel B as townhomes or attached single- family units shall be limited to a maximum of eight and five- hundredths (8.05) acres in size with a maximum of thirty nine (39) dwelling units with a maximum of three (3) units per building.
a. Development Standards: APARTMENTS: No parking lot, internal drive, garage, residential building or structure of any kind shall be located closer than sixty feet (60') from the ultimate right of way for George M. Mills Civic Parkway. No structure shall exceed two (2) stories in height with the maximum permitted height of thirty six feet (36'). The sixty foot (60') setback/buffer area shall be appropriately designed and constructed to include berming, landscaping, and other design elements in accordance with the buffer ordinance for effective screening of parking and drive areas as well as providing an aesthetically pleasant view as it relates to this principal entrance into the city of West Des Moines.
Garage buildings shall be located along the southern portion of the property to provide additional buffering of the single-family residential uses to the south of this parcel. A twenty foot (20') buffer easement shall be established along the southern portion of parcel B and no structures shall be permitted within this easement. Landscaping shall be installed within the buffer easement in accordance with the buffer ordinance for two-thirds (2/3) the plantings required for a thirty foot (30') buffer park.
Rock walls that are architecturally designed to complement the landscape plantings may be allowed to be located within the buffer park easement; however, no other structures will be allowed to be located or encroach into said buffer park easement per the requirements of the buffer ordinance. All buffer parks will be designated as no build areas, unless otherwise modified herein. All principal buildings shall be set back a minimum of fifty feet (50') from the southern boundary line of parcel B.
In the event that parcel B is developed as townhomes the following development standards shall apply: (Ord. 1358, 4-19-1999)
b. Development Standards: TOWNHOMES:
(1) Setbacks From Mills Civic Parkway/Fuller Road: No parking lot, internal drive, garage, residential building or structure of any kind shall be located closer than sixty feet (60') from the ultimate right of way for Mills Civic Parkway and/or Fuller Road. The sixty foot (60') setback/buffer area shall be appropriately designed and constructed to include berming, landscaping, and other design elements in accordance with the buffer ordinance for effective screening of parking and drive areas as well as providing an aesthetically pleasant view as it relates to this principal entrance into the city of West Des Moines. The sixty foot (60') buffer park shall be measured from the existing right of way for Mills Civic Parkway and a fifteen foot (15') dedicated utility easement may be located within the sixty foot (60') buffer park.
(2) Front Yard Building Setbacks Adjacent To Outlot A: A zero building front yard setback shall be allowed for those buildings constructed adjacent to outlot A, with the exception that garages shall meet a front yard setback of twenty five feet (25'), to be measured in the center of the driveway from the garage opening to the back of the curb with a minimum of twenty two feet (22') on any side of a driveway.
(3) Side Yard Separation Between Buildings: Buildings shall maintain a minimum separation of fifteen feet (15') to be measured from the foundation wall. Building entrances shall be staggered to avoid them from being located directly across from one another with a minimum of a two foot (2') berm or retaining wall to be landscaped, where grading allows or provide landscaping that provides comparable screening to serve as a separation between buildings (see exhibit C on file with the community development department). In no case shall any part of any building be allowed to be located closer than five feet (5') from a side yard property line with a minimum of ten feet (10') separation between buildings.
(4) Rear Yard Setback: Buildings constructed on those lots that share the fifteen foot (15') overland flowage easement centered on their rear lot line shall maintain a minimum building separation of forty feet (40'), with the exception of the four (4) westernmost lots which shall maintain a minimum building separation of thirty five feet (35').
(5) Perimeter Setbacks: A perimeter setback of thirty feet (30') will be required for townhomes, with the exception that any units located within the northeast corner of parcel B abutting the detention area, will be allowed a ten foot (10') setback from the property line. Any covered porches or elevated decks, shall comply with the required thirty foot (30') perimeter setback. Any deck thirty inches (30") or more in height shall be considered as an elevated deck.
Uncovered porches or at or near ground level decks may encroach into the thirty foot (30') perimeter setback, but in no case shall they be located closer than twenty feet (20') from property lines, provided they shall not encroach into any required buffer.
(6) West Boundary Buffer Park: A minimum thirty foot (30') buffer park shall be established along the west boundary of Parcel B. Landscaping shall be installed within the buffer park in accordance with the buffer ordinance for a thirty foot (30') buffer park. A six foot (6') fence shall be constructed within the thirty foot (30') buffer park in order to aid in the screening and provide separation between the townhomes and the village center. The fence shall be of a wood construction and designed to blend with the architectural elements of the residential buildings with brick or stone posts, to be spaced no more than twenty feet (20') on center per the requirements of the City Code. A minimal encroachment of parking stalls in this buffer park may be allowed in order to meet interior setback requirements.
(7) South Boundary Buffer Park: A minimum twenty foot (20') buffer park shall be established along the southern portion of Parcel B. Landscaping shall be installed within the buffer park to include a minimum of twenty (20) evergreen trees and the required number of shrubs in accordance with the buffer ordinance for two-thirds (2/3) the plantings required for a thirty foot (30') buffer park for a townhome development, otherwise a twenty foot (20') buffer park easement will be required and planting materials provided in accordance with the buffer ordinance for two-thirds (2/3) the plantings required for a thirty foot (30') buffer park. Rock walls that are architecturally designed to complement the landscape plantings will be allowed to be located within the buffer park, however, no other structures will be allowed to be located or encroach into said buffer park per the requirements of the buffer ordinance. All buffer parks will be designated as "no build" areas, unless otherwise modified herein.
(8) East Boundary Buffer Park: A thirty foot (30') buffer park will be required along the east boundary of Parcel B for the area between the north property line and the north edge of the Amoco pipeline with a minimum of four (4) overstory and eight (8) understory trees and twenty four (24) shrubs provided. An additional ten (10) overstory, twenty (20) understory trees, and sixty (60) shrubs be provided in the open space areas located from the northwestern edge of the Amoco pipeline to the southern property line and from the east property line of outlot A.
(9) Building Height: No structure shall exceed two (2) stories in height with the maximum permitted height of thirty six feet (36'). (Ord. 1507, 2-3-2003)
c. Architecture Requirements: The architecture of multiple- family 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 elements shall be incorporated into the building architecture on all sides of the structure, unless the City Council, after recommendation by the Planning and Zoning Commission, shall determine that the use of alternate building materials enhances the physical appearance. The use of asphaltic roof material shall be allowed provided the shingle materials used are of a heavier grade that simulates a shake shingle. Any asphaltic roofing shall be consistent in color and material with any asphaltic shingles used in Parcel A to assist in the architectural unity of the development. (Ord. 1358, 4-19-1999)
3. Parcel C: All general use regulations, performance standards and provisions set forth in the zoning ordinance for the RS-10 Residential Single-Family District with a minimum lot size of ten thousand (10,000) square feet, shall apply to any development in Parcel C unless modified herein.
a. Development Standards: A minimum sixty foot (60') buffer park easement shall be required for all lots bordering South 50th Street with no driveway access to individual lots permitted from South 50th Street. Prior to development within any part of Parcel C, 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. A thirty foot (30') buffer park easement shall be required along the north boundary of Parcel C for that portion that borders Parcel A. A thirty foot (30') buffer park easement shall be required along the north boundary of Parcel C for that portion that borders Parcel B, where all rear setbacks for lots abutting the north boundary shall be measured from the buffer park easement. All buffer park easements shall be designated as no build areas and no structures will be allowed to encroach or be constructed within said buffer park easement, except that a six foot (6') fence shall be allowed on the north boundary of Parcel C, and a six foot (6') fence shall be allowed in Parcel C at a minimum fifteen foot (15') setback from the ultimate right-of-way line of S. 50th Street. If a fence is located anywhere within the sixty foot (60') wide S. 50th Street buffer, minimum landscape vegetation equal to one- half (1/2) of the vegetation otherwise required per City Code for a thirty foot (30') wide buffer shall be installed and maintained in that area between the street right-of-way and the fence. Landscape vegetation within Parcel C along the north boundary shall not be required. (Ord. 2322, 8-6-2018)