The sketch plan incorporates single-family residential, multi- family residential, office, and commercial/retail land uses which shall be distributed by area, types and location according to the sketch plan and this ordinance. Whereas, title 9, of the West Des Moines city code, includes chapter 9, PUD planned unit development district and establishes certain regulations and guidelines pertaining to accompanying information required on plat and site plan documents.
A. Conditions, Restrictions, And Regulations: 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 Wistful Vista 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 or 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, storm water detention basin or pond.
4. The developer, their successors and 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, 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 parcels A, B-1, B-2 C, D and E of the Wistful Vista 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 014-02 of this ordinance, delineates five (5) parcels of the PUD as parcels A, B-1, B-2, C, and D for application of specific standards of land use and development regulations, and one parcel, parcel E, to be reserved for future interstate ramp right of way. The following development standards and use regulations shall apply to each of the individual parcels as applicable:
1. Parcel A: Professional and semiprofessional office uses permitted within the PCP professional commerce park district of the city of West Des Moines, Iowa, shall be permitted within parcel A as shown on the sketch plan of the Wistful Vista PUD. (Ord. 1278, 12-1-1997)
In addition, collector motor vehicle sales will be allowed as a permitted use provided that: a) there is no outdoor storage or display of motor vehicles or motor vehicle parts; b) there is no signage; c) business is conducted by appointment only. "Collector" is defined as a motor vehicle that appreciates in value over time and has one or more of the following characteristics: is usually driven on a limited basis, is one of a limited number of existing models, generally is at least fifteen (15) years old or is an antique (25 years old or older). The community development director shall have the authority to interpret and administer this ordinance. (Ord. 1655, 10-24-2005)
a. Development Standards: All open space requirements and height regulations of the professional commerce park district (PCP) of the city of West Des Moines, with the exception of the following minimum required building setbacks: thirty feet (30') front yard, thirty five feet (35') rear yard and ten feet (10') side yard, to any development within parcel A. Minimum lot width requirement of two hundred feet (200') and minimum lot area requirement of two (2) acres shall apply to any development in parcel A, provided minimum lot area requirements shall not prohibit multiple use of a planned office park on a minimum lot with the provisions properly set forth for control and maintenance of those facilities, utilities and uses which must be installed and maintained for joint use by the property owners of the common facilities. The placement of multiple buildings on a minimum lot shall be developed as a single or unified project with buildings 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.
Prior to development within any part of parcel A, a master plan shall be prepared showing the location of street patterns in order to assure workable street patterns, grades and usable building sites.
For those parts of parcel A which shall adjoin areas to the north to be zoned and developed for single-family detached residential housing, a minimum sixty foot (60') buffer setback, which may include a pond, shall be provided. No building, accessory structure, drive or parking area shall be located or encroach into the sixty foot (60') buffer setback.
Off street parking lots shall have a minimum fifteen foot (15') setback from public street rights of way and minimum ten foot (10') setback 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. (Ord. 1522, 4-28-2003)
b. Architecture: The architectural design of any building shall be acceptable to the city, provided acceptance of the architectural design 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 panel, or stone panels, with all sides of any building built on the property consistent in design and use of materials. No wood, masonite, visual asphaltic exterior wall metal or plastic 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 the city of West Des Moines, after review by the planning and zoning commission of West Des Moines shall determine said materials when used as a primary element, enhances the physical appearance, provides greater compatibility of the building design with the adjoining neighborhood and continuity desired to unite all structures within the property together into one unified master plan concept for a planned office park on a minimum lot.
2. Parcels B-1 And B-2: All general use and dwelling unit density regulations, performance standards and provisions set forth in title 9, chapter 5 of the city code, as amended, for RH residential high-density district shall apply to any development within parcels B-1 and B-2 as shown on the sketch plan, except as may be further provided herein and provided only residential uses shall be permitted.
Design and use of materials for the construction of any building within parcels B-1 and B-2 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.
RH zone district regulations for lot area, frontage, and yard requirements shall apply, unless noted otherwise. All accessory structures shall meet minimum setback requirements as set forth in title 9 of the city code. Off street parking lots shall have a minimum fifteen foot (15') setback from internal public street rights of way, minimum twenty foot (20') setback from South 50th Street right of way, and minimum ten foot (10') setback 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.
a. Parcel B-1: Parcel B-1 shall be a maximum of twenty (20) acres in size and limited to two hundred ten (210) dwelling units at no greater than eleven (11) dwelling units per acre, which shall be developed with residential buildings of no greater than three (3) stories in height. No dwelling unit shall be located closer than fifty feet (50') to South 50th Street.
b. Parcel B-2: Parcel B-2 shall be a maximum of fifteen (15) acres in size and limited to two hundred thirty two (232) dwelling units and no greater than sixteen (16) dwelling units per acre, which shall be developed with residential buildings of no greater than three (3) stories in height. A thirty foot (30') buffer park along Interstate 35 and parcel E, and a twenty foot (20') setback from the overhead electric transmission line easement shall be required. No structures (including accessory structures) shall be located within the buffer park or the overhead electric transmission line easement. (Ord. 1278, 12-1-1997)
3. Parcel C: All general use regulations, performance standards and provisions set forth in title 9, chapter 6 of the city code for the SC support commercial district shall apply to any development proposal for the property within parcel C as shown on the sketch plan, except as shall be further provided herein. This parcel shall encompass a maximum of twenty six (26) acres. (Ord. 1529, 5-27-2003)
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 within CMC community commercial district as outlined in the commercial use matrix of title 9 of the city code, 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 parcel C, the following uses shall be prohibited, unless otherwise noted in this ordinance:
Adult entertainment establishments (part of SIC 5999).
Auto and home supply stores (SIC 553).
Automobile repair, services, and parking (SIC 75), except car washes.
Automotive/boat/vehicle dealers (SIC 551, 552, 555, 556, 557, 559).
Recreational vehicle repair services, agricultural equipment repair services, miscellaneous automotive repair services (part of SIC 7699).
Truckstops (SIC 5541).
These uses may be allowed as permitted conditional uses, subject to proper location and design, which will be reviewed at the time of site plan application:
One convenience market or service station which vends gasoline and one automatic car wash (SIC 7542) will be allowed within the Wistful Vista PUD.
One eating place with drive-through (part of SIC 5812) will be allowed within the Wistful Vista PUD. (Ord. 1548, 9-29-2003)
b. Development Standards: Lot area, lot frontage and yard requirements shall comply with standards of the SC zone district unless otherwise noted herein; provided, however, the minimum setback from any internal public street right of way may be a minimum of fifty feet (50'). Multiple use of a lot by more than one building shall be designed to be 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 or drives and lots less than two (2) acres in size may be considered acceptable if approved by the planning and zoning commission and city council as an acceptable master development plan for parcel C. (Ord. 1278, 12-1-1997)
Off street parking lots shall have a minimum fifteen foot (15') setback from public street rights of way and a minimum ten foot (10') setback 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 northwest corner of the intersection of existing 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. (Ord. 1529, 5-27-2003)
Office buildings, hotels and motels may exceed the maximum height regulation of thirty five feet (35') as set forth in the SC zone district. No building or structure shall be located within the one hundred foot (100') wide overhead electric transmission easement. (Ord. 1278, 12-1-1997)
In parcel C, a structure of seventy five thousand (75,000) square feet or greater may be located no closer than thirteen feet (13') from the west PUD boundary. All other structures must comply with the setback requirements set out in this ordinance.
c. Architecture: The architectural design of any building shall be acceptable to the city, provided acceptance of the architectural design shall not be unreasonably withheld. Due to the fact that parcel C is located at one of the main entrances of the city, it is appropriate to regulate the architecture of the area to a higher degree. Building facades should be varied and articulated to provide visual interest. All sides of the building open to public view should be treated with similar levels of architectural style. Building facades that are adjacent to pedestrian traffic shall have pedestrian scale details. 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 on the property consistent in design and use of materials. No wood, Masonite, visible asphaltic exterior wall or roof material (including asphalt shingles), metal or plastic 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 the city 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 architecture of canopies of drive-throughs, gasoline pumps, etc., shall be consistent with the principal building, including the application of brick to canopy support columns. Flush mounted lenses will be required for canopy lighting. (Ord. 1548, 9-29-2003)
4. Parcel D: All general use and dwelling unit density regulations, performance standards and provisions set forth in title 9, chapter 7 of the city code, as amended, for the R-1 single-family residential district shall apply to any development within parcel D as shown on the sketch plan, except as may be further provided herein and provided only residential uses shall be permitted.
This parcel shall encompass a maximum of seventy two (72) dwelling units and no greater than five (5) 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 D 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.
RS-6 zone district regulations for lot area, frontage, and yard requirements shall apply, except no dwelling unit shall be located closer than fifty feet (50') to South 50th Street. Single-family detached residential dwelling units shall be located no closer than thirty feet (30') to South 50th Street. All accessory structures shall meet minimum setback requirements as set forth in the city code for accessory structures. (Ord. 1278, 12-1-1997)