Whereas, title 9, chapter 9, "Planned Unit Development District", of the city code, establishes certain regulations and guidelines pertaining to accompanying information required on plat, site plan, and permitted conditional use documents. Now, therefore, the following conditions, restrictions, and regulations are adopted as part of this approval, and the following general site plan criteria shall be integrated into and made a part of the development criteria for the Southwoods Knoll PUD, to wit:
A. General Conditions: The sketch plan incorporates single- family residential, multi-family residential, public park greenbelt, and commercial/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 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 shall still be enforced.
Final plan submittal, the submittal of final plan documents for any parcel, or part of any parcel of the Southwoods Knoll PUD within one year after approval and publication of this ordinance, shall be considered to satisfy the terms and requirements of section 009-06 of this ordinance.
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 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, stormwater detention basin or pond.
4. 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, 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, Iowa, and the Des Moines metropolitan design standards as adopted by the city of West Des Moines, for all streets, storm sewers, sanitary sewers, drainageway improvements, detention basins, water mains, buffers and other improvements within the Southwoods Knoll PUD as may be required.
B. Land Use Design Criteria: In addition to the general conditions as stated in subsection A of this section, 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 009-02 of this ordinance, delineates seven (7) parcels of the PUD as parcels A, B, C, D1, D2 and E, 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, "Zoning", 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 A.
a. Development Standards: A minimum sixty foot (60') buffer park easement shall be required for all lots bordering 50th Street with no driveway access to individual lots being permitted from 50th Street. The minimum thirty five foot (35') rear yard setback shall be measured from the sixty foot (60') buffer park easement with no fences or structures permitted within the buffer park easement. Prior to development within any part of parcel A, 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 50th Street from 50th Street.
A minimum thirty five foot (35') building setback shall be required from the one hundred foot (100') power line easement that bisects parcel A with no structure being permitted within thirty five feet (35') of the established power line easement as illustrated on the sketch plan. During the platting of parcel A, the development will be required to, whereas possible, provide positive drainage away from all structures abutting the power line easement due to the sixteen inch (16") water trunk main that exists within said easement.
2. Parcel B: Parcel B as shown on the sketch plan is agreed to be dedicated to the city for public and park use and platted with adjoining subdivision in parcel A for inclusion within the neighborhood greenbelt park system. Parcel B shall be maintained by the developer prior to dedication to the city, except drainage storm sewer, sanitary sewer or other required utilities or improvements may be constructed within parcel B upon review and approval by the city.
3. Parcel C: All general use regulations, performance standards and provisions set forth in title 9, "Zoning", of the city code for RM residential medium-density district of the city of West Des Moines, shall apply to any development in parcel C unless noted otherwise herein.
a. Development Standards: Parcel C shall incorporate a maximum of twenty three (23) acres with a maximum of one hundred forty eight (148) dwelling units. Shifting of densities shall be allowed within parcel C, however no development shall be permitted to exceed a density of twelve (12) dwelling units per acre. The housing type shall be limited to attached single-family residential dwelling or single-family detached residential structures with attached garages. No more than six (6) single-family attached dwelling units side by side in a row shall be permitted on any side of a building. Single- family detached dwellings and nonresidential uses shall comply with the minimum requirements established in the RS-10 residential single-family district regulations. No individual lot driveway access shall be permitted from individual residential lots within parcel C on to either Fuller Road or Mills Civic Parkway from this parcel. Access for nonresidential uses, i.e., churches, shall be reviewed during the permitted conditional use permit or site plan process.
b. Buffer Park Easement: A minimum sixty foot (60') buffer park easement shall be required along Mills Civic Parkway and the minimum required building setbacks shall be measured from the sixty foot (60') buffer park easement with no fences or structures permitted within the buffer park easement. A minimum thirty foot (30') buffer park easement shall be required along Fuller Road and the minimum required building setbacks shall be measured from the thirty foot (30') buffer park easement with no fences or structures permitted within the buffer park easement. Prior to, or in conjunction with, development within any part of parcel C, a buffer plan shall be prepared in accordance with the planting requirements set forth in the buffer ordinance, for review and approved by the city which illustrates the use of berms and tree plantings to effectively buffer the single-family residential from Civic Parkway and Fuller Road.
c. Use; Restrictions: The following use listed in the residential use matrix as permitted conditional (PC) uses for the residential medium-density district (RM) shall be allowed in this parcel: amateur sports and recreation clubs (SIC 7997). Since facilities within parcel C share parking and access with adjacent city and school properties, said use shall abide by the following restrictions:
(1) For any event taking place in parcel C, no tailgating will be allowed and no alcohol can be sold or consumed on the school district (stadium and schools) property or the city (city hall and library) property.
(2) After any event, the club or organization using a facility is required to inspect the city and school owned parking areas and remove all trash and debris generated by event attendees.
(3) The club or organization using a facility cannot restrict the general public from utilizing any city owned parking or charge users a fee to use that parking. Only areas designated as parking areas can be used. Any parking in drive aisles, fire lanes, "no parking" areas or unpaved areas (grass) is prohibited and subject to fine and/or towing.
(4) Circulation must allow for emergency vehicle maneuverability at all times. Site specific traffic control measures detailed in the "Valley High School Stadium Parking Analysis And Traffic Operations Plan" (Snyder & Associates, October 2001), such as temporary police officer intersection control before/after the events at key intersections, temporary blockage of certain driveway points, and the installation of guide signing, should be utilized as needed for the proposed event attendance.
d. 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, concrete panels, metal panels with stone finish or stone panels with all sides of any building built within the parcel consistent in design and use of materials. No wood, masonite, visible asphaltic exterior wall or roof material, plain aluminum siding, nonarchitectural sheet metal, concrete block, or other similar material, 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.
e. Setbacks: Front yard building setbacks shall be a minimum twenty five feet (25') from internal private streets and drives for residential uses. No dwelling unit shall be located closer than thirty five feet (35') from the boundary of the parcel. Minimum thirty foot (30') building setback shall be required from the buffer easement.
4. Parcel D1: All general use regulations and provisions set forth in title 9, "Zoning", of the city code for the RM residential medium-density district shall apply to any development proposal for all property within parcel D1 as shown on the sketch plan of the Southwoods Knoll PUD, unless noted otherwise in this ordinance. Only townhomes and single- family detached structures shall be permitted within parcel D1. Parcel D1 shall include approximately eleven and eight- tenths (11.8) acres, with a maximum six (6) units per building shall be permitted within parcel D1 with a maximum of eighty eight (88) dwelling units. All single-family detached structures shall comply with the standards established for R-1 single-family residential districts in title 9, "Zoning", of the city code.
a. Development Standards: A minimum sixty foot (60') buffer park shall be required along Mills Civic Parkway. No parking lot or garage shall be located closer than sixty feet (60') from the right of way of Mills Civic Parkway and thirty five feet (35') from parcel B and the northern boundary of this parcel. No townhouse or single-family structures shall be located closer than sixty feet (60') from the right of way of Mills Civic Parkway and thirty five feet (35') from parcel B and the northern boundary of this parcel. All structures over two (2) stories in height shall be set back a minimum one hundred feet (100') from said right of way for Mills Civic Parkway, parcel B, and the northern boundary of this parcel.
5. Parcel D2: All general use regulations and provisions set forth in title 9, "Zoning", of the city code for the RM residential medium density district shall apply to any development proposal for all property within parcel D2 as shown on the sketch plan of the Southwoods Knoll PUD, unless noted otherwise in this ordinance. Parcel D2 shall include approximately nine and nine-tenths (9.9) acres, with a maximum six (6) units per building being permitted within parcel D2 with an overall maximum unit density of ten (10) dwelling units per acre.
a. Development Standards: A minimum sixty foot (60') buffer park shall be required along Mills Civic Parkway. No parking lot or garage shall be located closer than sixty feet (60') from the right of way of Mills Civic Parkway residential structures located within sixty feet (60') from said right of way for Mills Civic Parkway. All structures over two (2) stories in height shall be set back a minimum one hundred feet (100') from said right of way for Mills Civic Parkway. Nonresidential uses, i.e., churches, shall conform with the nonresidential use standards per title 9, "Zoning", of the city code, unless otherwise noted herein. (Ord. 1274, 10-20-1997)
6. Parcel E: All general use regulations and bulk regulations set forth in title 9, "Zoning", of the city code for the professional commerce park district (PCP) shall apply to any development proposal for all property within parcel E as shown on the sketch plan of the Southwoods Knoll PUD, unless noted otherwise in this ordinance. All land uses as set forth in title 9, "Zoning", of the City Code for the Professional Commerce Park (PCP) and Community Commercial (CMC) Districts, as permitted and permitted conditionally, shall be allowed within Parcel E, except the following which shall be prohibited:
Distillery, regardless of size (SIC 2085).
General warehousing and storage (SIC 4225).
Heliport/helistop (SIC 4581).
Transportation Services (SIC 47).
Automotive dealers and service stations (SIC 55).
Pawnshops (SIC 5932).
Miscellaneous retail stores, NEC (SIC 5999) - Adult entertainment establishment (films, books, magazines, sexually oriented merchandise).
Hospitals (SIC 806).
Hotels (SIC 701).
Automotive repair, services, and parking (SIC 75).
Repair shops and related services, NEC (SIC 7699).
Eating and drinking places (SIC 58).
Restaurant with Drive-Thru.
Bar/Restaurant Class 1 or 2.
Bar.
Taproom/beer parlor in conjunction with a brewery or distillery greater than 5,000 sq. ft. and less than or equal to 10,000 sq. ft.
Elementary and secondary schools (SIC 821).
Colleges and universities (SIC 822).
Vocational schools (SIC 824).
Child daycare services (SIC 835).
In addition, parcel E shall be limited to one bank.
a. Development Standards: A minimum sixty foot (60') buffer park shall be required along Mills Civic Parkway and adjacent to parcel B. A thirty foot (30') buffer park shall be required adjacent to parcel D1. No parking lot shall be located closer than sixty feet (60') from the right of way of Mills Civic Parkway and from parcel B, with no structure located within sixty feet (60') from said right of way for Mills Civic Parkway and sixty feet (60') from parcel B. All structures over two (2) stories in height shall be set back a minimum one hundred feet (100') from said right of way for Mills Civic Parkway and parcel B. Multiple buildings separated by parking areas or drives and lots less than two (2) acres in size may be considered acceptable if approved by the plan and zoning commission and city council as an acceptable master development plan for the property within this parcel. Lots without public street frontage in accordance with city code requirements, may be allowed provided that the frontage requirements of the code have been met by an abutting or surrounding lot which is under common ownership under an owner's association with all properties within the master development plan being part of the association, or there have been cross parking and access easements executed which provide for the unrestricted use and access of the drives for all owners within the master development plan. No interior setbacks shall be required for interior lot lines within this parcel; however buildings within this parcel must maintain a forty foot (40') building separation.
b. 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, concrete panels, or stone panels, with all sides of any building built within the parcel consistent in design and use of materials. No wood, masonite, visible asphaltic exterior wall or roof material, 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 plan and zoning commission of West Des Moines shall determine said material when used as a primary element, enhances the physical appearance.
c. Parking: The parking for uses within parcel E shall be calculated at a multi-tenant office parking ratio of one space per two hundred (200) square feet of gross floor area (GFA) for the first twenty thousand (20,000) square feet of GFA plus one space per two hundred twenty five (225) square feet of gross floor area (GFA) the remaining square feet of GFA over twenty thousand one (20,001), if any, calculated individually for each lot. Lot 1, Prairie Life plat 2 shall provide required parking within the boundaries of the individual lot. Lot 1, Prairie Life plat 3 shall provide the required parking within the boundaries of the individual lot and shall be allocated twenty five (25) stalls from lot 2, Prairie Life plat 3 to be counted toward the lot's minimum parking requirement. The remaining stalls on the lot 2, plat 3 shall be used to meet the parking requirement of lot 3, Prairie Life plat 2.
d. Open Space: The required amount of open space for parcel E shall be calculated collectively throughout the PUD parcel. Agreement from the owner of lot 2, Prairie Life plat 3 and lot 3, Prairie Life plat 2 shall be required prior to any allocation of open space needed from their property to meet the open space requirements on lot 1, Prairie Life plat 2 and lot 1, Prairie Life plat 3.
7. Parcel F: All general use regulations and provisions set forth in title 9, "Zoning", of the city code for the SC support commercial district shall apply to any development proposal for the property within parcel F as shown on the sketch plan, except as shall be further provided herein. This parcel shall encompass a maximum of six and eighty eight hundredths (6.88) acres.
a. Allowed Uses: Allowed uses within parcel F shall include:
(1) Uses allowed within the SC support commercial district, NC neighborhood commercial district and medium density district by title 9, "Zoning", of the city code shall be allowed uses within this parcel; however, the following uses shall be prohibited within the parcel: automobile dealers and service stations (SIC 551, 552, 553, 554, 555, 556, 557, and 559) and/or facilities selling petroleum products dispersed from fuel pumping islands; hotels and motels (SIC codes 701 and 704); automotive repair, services, and parking (SIC codes 751 and 753); car washes (SIC code 7542); and eating places with drive-through (SIC code 5812).
The following uses shall also be permitted within this parcel: floor coverings store with no warehousing (SIC code 5713); and eating and drink place - coffee shop with drive-through with no food sales (SIC code 5812-0304) defined as: "An establishment primarily selling coffee and tea products; the business has a limited menu within which nothing is considered a meal; there is little or no table service; the products are for consumption on or off premises; and it is characterized by a large carryout clientele. The sale of other food, beverages, or merchandise is incidental to the sale of the specialty beverage. Patrons generally order at a cash register and pay before they eat. This establishment is not a stand alone facility, but is generally located within small shopping centers"; radio, TV, consumer electronic stores (SIC 5731); musical instrument store (SIC 5736); used merchandise store (SIC 593); luggage and leather goods stores (SIC 5948); all miscellaneous retail uses (SIC 5999) except for adult entertainment; electrical repair shop (SIC 762); watch and jewelry repair shop (SIC 763). Retail establishments or any use which has outside display areas for retail sales, shall have said outside display area(s) located and buffered as necessary to screen, as practical, the display area from public street view and adjoining properties. Temporary use permits shall be required for any such uses.
(2) Any outdoor seating area associated with food or drinking establishments shall be located in a manner to be away from single-family residential areas and effectively screened from adjacent properties with noise levels not to exceed sixty five (65) community noise equivalent level (CNEL) beyond the property line in any direction.
b. Development Standards: Lot area, lot frontage and yard requirements shall comply with the standards of the SC support commercial district. Development within parcel F shall have a consistent architectural design and use of materials and organized planned open space, parking spaces and landscaping.
Lots without public street frontage in accordance with city code requirements may be allowed provided that the frontage requirements of the code have been met by an abutting or surrounding lot which is under common ownership under an owners' association with all properties within the master development plan being part of the association. Execution of cross parking and access easements which provide for the unrestricted use and access of the drives and parking for all owners within the master development plan shall also be required.
c. Buffer Parks: Buffer parks used as a transition between one district to another district of contrasting and conflicting uses as stated in the zoning code, shall not be required except as noted below. A sixty foot (60') landscape buffer park shall be required on Mills Civic Parkway as required by the comprehensive plan. A forty foot (40') buffer park shall be required on 50th Street. Landscaping requirements for the 50th Street buffer park shall be that of a thirty foot (30') buffer park. A thirty foot (30') buffer park shall be required along parcel B (greenbelt).
d. Setbacks: A sixty foot (60') building and parking lot setback shall be required on Mills Civic Parkway. A forty foot (40') building and parking lot setback shall be required on S. 50th Street. A sixty foot (60') building setback and a forty foot (40') parking lot setback shall be required from parcel B (greenbelt). A twenty five foot (25') building and parking lot setback shall be required from parcel E.
e. Parking: 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. Underground parking may count towards fulfilling the code requirements for parking if the underground parking is included in, not an additional cost of, ownership of a condo unit.
f. 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 being fascia glass, face brick, concrete panels, or stone panels, with all sides of any building built within the parcel consistent in design and use of materials. No wood, masonite, visible asphaltic exterior wall or roof material, aluminum siding, nonarchitectural sheet metal, concrete block, or other similar materials shall constitute a portion of any building exterior, except as trim material, unless the city council of West Des Moines, after review by the plan and zoning commission of West Des Moines shall determine said material when used as a primary element, enhances the physical appearance. The buildings located on the two (2) outlots shall have a consistent architectural style and treatment of materials as the primary mixed use buildings.
g. Performance Standards: To help mitigate the commercial impact on the residential uses within the development, truck deliveries to businesses within this development shall not be permitted between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M.
h. Permissible Sound: Allowing any mixed use development within parcel F the same level of permissible sound as the commercial districts.
(Ord. 1274, 10-20-1997; amd. Ord. 1383, 8-23-1999; Ord. 1636, 6-6-2005; Ord. 1803, 5-19-2008; Ord. 1900, 12-27-2010; Ord. 1974, 2-4-2013; Ord. 2583, 10-16-2023)