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 regional commercial (RC) district shall apply to any development within the Paradise Pointe specific plan area. 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. The following land use design criteria, development standards, and landscaping regulations shall apply to all parcels within the Paradise Pointe specific plan area:
A. Land Use: All land uses as set forth in title 9, "Zoning", of the city code for the regional commercial (RC) district as permitted and permitted conditionally shall apply except as designated below: (Ord. 1765, 7-16-2007)
1. Permitted Uses: Permitted uses shall include the following:
a. All permitted (P) uses allowed within the regional commercial (RC) district except those that have been prohibited by this ordinance.
b. All permitted conditional (Pc) uses allowed within the regional commercial (RC) district except those that have been prohibited by this ordinance may be allowed with the approval of the appropriate review body. (Ord. 1921, 5-31-2011)
c. The following size and use limitations shall apply to allowed uses:
SIC 4783 | Packing and crating: Intended for establishments which provide mail and package drop off services to the general public and businesses on a small scale; therefore, shall not exceed three thousand (3,000) square feet gfa of occupancy space. |
SIC 531 and 541 | Box department and grocery stores: Maximum of one hundred twenty eight thousand (128,000) square feet gross sales floor area shall be allowed. |
SIC 5812 | Sit down eating places; no drive-throughs: Maximum of eighteen thousand two hundred fifty (18,250) square feet gfa total; may be divided among multiple establishments with a maximum of six (6) establishments. |
SIC 5812 | Eating places with drive-throughs, including coffee shops: Maximum of sixteen thousand (16,000) square feet gfa; maximum of three (3) restaurant associated drive- throughs within the development. |
SIC 60 | Depository institutions (banks): Maximum of nine thousand (9,000) square feet gfa; may be divided between a maximum of two (2) establishments. |
(Ord. 2127, 11-30-2015)
2. Prohibited Uses: The following permitted and permitted conditional uses otherwise allowed in the regional commercial (RC) district shall be prohibited:
SIC 0742 | Veterinary services for animal specialties with outdoor runs or overnight animal boarding. |
SIC 0752 | Boarding services with kennels and grooming services. |
SIC 4522 | Heliport/helistop. |
SIC 541 | Convenience stores. |
SIC 554 | Gasoline service stations with or without repair services. |
SIC 75 | Automotive repair, services, and parking. |
SIC 7699 | Recreational vehicle repair services. |
SIC 7699 | Household appliance repair services. |
SIC 7699 | Miscellaneous automotive repair services. |
SIC 7832 | Motion picture theaters, including drive-in. |
SIC 806x | Hospitals of any kind or service (general, psychiatric, respiratory, etc.). |
B. Lot Area: Lot area less than sixty thousand (60,000) square feet may be considered acceptable if supported by shared parking arrangements, and if approved by the city council as part of a final plat. (Ord. 1765, 7-16-2007)
C. Building Setback: Buildings shall be set back as follows. The setback shall be measured from the perimeter PUD boundary line, unless otherwise indicated, to the visible vertical foundation wall. Intermittent encroachment into the setback for canopies, awnings, building bump outs, outdoor dining areas, etc., may be allowed at the discretion of the director of development services. (Ord. 1765, 7-16-2007; amd. Ord. 1921, 5-31-2011; Ord. 2127, 11-30-2015)
1. North:
a. Minimum of twenty five feet (25') along Coachlight Drive.
b. Minimum of fifty feet (50') along that portion of the boundary which does not abut a public street.
2. East: Minimum of twenty five feet (25').
3. South: Minimum sixty feet (60').
4. West: Minimum twenty five feet (25').
5. No setback (0 feet) shall be required between internal lots unless otherwise required by building separation requirements within adopted building and fire codes.
D. Building Height:
1. Regulations: Except as indicated below and except for a hotel/motel, all buildings shall abide by the maximum height restrictions of the regional commercial (RC) district as measured from the average finished grade to the top of the parapet wall.
2. Hotel/Motel: The height of any structure measured from the average finished grade to the top of the parapet wall shall not exceed sixty five feet (65').
3. Architectural Features: Vertical architectural features upon the building itself and freestanding place making elements and landmarks such as clock towers may exceed the maximum allowable height of the regional commercial (RC) district to a maximum height of forty five feet (45').
E. Parking Ratios:
1. Parking ratios for restaurants (sit down and fast food) shall provide within each lot a minimum of one space per two hundred (200) square feet of gross leasable area (gla).
2. Parking ratios for all other uses shall provide within each lot a minimum of one space per three hundred (300) square feet of gross leasable area (gla) with a maximum of one space per two hundred (200) square feet of gla. (Ord. 1765, 7-16-2007)
a. If a higher parking ratio is desired, the applicant shall be restricted to implementing initial parking in compliance with one space per two hundred (200) gla, with additional parking to be implemented at such time that it is proven to the satisfaction of the director of development services that the additional spaces are needed to accommodate the patrons of the business. The potential additional parking stalls/area shall be identified on the approved site plan for the parcel. Including the additional proposed parking, said site plan must be in compliance with all other open space, buffer, screening, landscaping, stormwater and setback requirements. At the time of implementation of the additional parking, a minor modification request shall be submitted to the city. Said minor modification request shall be for notification purposes only and shall not be used as a trigger to require changes to the site, except to bring the site into compliance with the initially approved site plan. The minor modification request shall be administratively approved at the discretion of the director of development services.
3. At the discretion of the director of development services, a less stringent parking calculation may be used provided the applicant can demonstrate a parking rate less than the above is adequate due to the type of potential use, shared uses or off peak uses. (Ord. 1765, 7-16-2007; amd. Ord. 1921, 5-31-2011; Ord. 2127, 11-30-2015)
4. If not already established as a blanket easement, developers of parcels must provide a cross access parking and ingress/egress easement.
F. Parking Setbacks:
1. Off street parking areas shall be set back from the perimeter boundaries of the Paradise Pointe development as follows:
a. North: Minimum twenty five feet (25').
b. East: Minimum twenty five feet (25').
c. South: Minimum sixty feet (60').
d. West: Minimum twenty five feet (25').
e. There shall be no minimum parking lot setback between internal lot boundaries.
2. Minimum parking stall measurements and drive aisle widths shall conform to title 9, chapter 15 of the city code.
3. No portion of any parking lot or drive aisle associated with parking may be located within a required buffer or streetscape. (Ord. 1765, 7-16-2007)
G. Vehicle Drive-Throughs: The intent of this development is not to encourage the use of automobiles; however, it is recognized that drive-ups are a key component to the functionality of certain types of businesses due to their convenience. If, through the design review process, including an updated traffic analysis, if necessary, it can be demonstrated that such uses do not cause traffic congestion, do not interfere with pedestrian movements and can be designed to minimize their presence, a maximum of three (3) establishments with drive-ups may be permitted within the overall Paradise Pointe development. Drive-up facilities may be allowed in conjunction with, but are limited to, the following types of businesses: bank, coffee shop, dry cleaners, and restaurants. Walk-up or pedestrian ATMs with no vehicle access; and loading zones in which the patron exits their vehicle and load merchandise/materials themselves shall be allowed as needed with the appropriate visual screening measures, subject to required site plan review and approval.
1. The incorporation of drive-up facilities may be limited by the type of use in association with the available vehicle trips allowed for the entire Paradise Pointe development.
2. In all instances, the presence of the drive-ups and queuing lanes shall be minimized through one or a combination of the following methods:
a. Integration of the drive-through into the building architecture in order to eliminate the appearance as an added on canopy component.
b. Situating the drive-through between two (2) buildings in order to limit the number of views thereof.
c. Opaque visual screening through implementation of earthen berms in combination with vegetation, decorative walls, fencing, etc., to a minimum height of four feet (4') as measured from the top of curb of an adjoining public street. (Ord. 1921, 5-31-2011)
H. Buffers: The provision of adequate buffering and landscaping shall be more thoroughly evaluated and approved as part of the site plan approval for individual lots. Additional buffer and landscaping may be required at that time in response to additional details of the use, buildings, parking, loading docks, mechanical equipment, etc., to be implemented.
1. Buffering between districts or parcels and uses shall not be required as set forth in title 9, chapter 3 of the city code.
2. Buffers shall be provided along the perimeter boundaries of the Paradise Pointe development as follows:
a. North: Thirty feet (30') from property boundary line along that portion that does not abut a public street.
b. East and west: None required; streetscape required in lieu of.
c. South: Minimum sixty feet (60') from ultimate street right of way line of Mills Civic Parkway.
d. No buffers between internal parcels shall be required except to mitigate undesirable elements and views.
3. The implementation of vegetation as indicated below shall be required. Earth berming shall be implemented whenever possible to enhance buffering and screening of otherwise negative site elements, but is not required. Buffers should be designed to achieve the maximum amount of screening of negative elements from the maximum number of viewpoints with vegetation layered to ensure adequate blockage of views and to create depth and a sense of naturalness. Care should be taken to ensure that "through views" under tree canopies are adequately blocked. It is recognized that some views of businesses are desired; therefore, buffer vegetation may be clustered and situated to screen parking and drive-throughs associated with the businesses and other negative site elements such as trash enclosures, transformers, loading docks, etc.
4. The minimum landscaping within required buffers shall be provided as follows. Buffers on adjacent parcels shall be so designed so as to serve as a visual continuation of the buffers and a unifying element between the two (2) parcels. Buffers adjacent to streetscapes shall make a natural transition in order to be visually cohesive.
a. Thirty foot (30') buffer:
(1) One overstory tree, two (2) ornamental or evergreen trees, and six (6) shrubs shall be provided per thirty five (35) linear feet of required buffer.
b. Sixty foot (60') buffer:
(1) One overstory tree and three (3) ornamental or evergreen trees, and three (3) shrubs shall be provided per thirty five (35) linear feet of required buffer.
c. Vegetation substitution:
(1) Two (2) ornamental trees, one evergreen tree, or six (6) shrubs may be substituted for one required overstory tree; however, no more than twenty five percent (25%) of the required number of overstory trees may be substituted.
(2) A twenty five (25) square foot mass planting of perennials or ornamental grasses may be substituted for three (3) shrubs.
d. Landscape vegetation required within buffer areas is in addition to the landscape vegetation required of open space and parking areas.
5. Ponds, lakes, wetlands, or other water features may be placed within the buffer area given the following:
a. Such water features constantly contain water at a level visible from adjoining properties and public streets;
b. Pond edge treatments are incorporated to enhance the attractiveness of the element (no "wild overgrown pond edge" allowed); and
c. The appropriate water circulation and clarification measures are implemented.
I. Landscaping: The landscaping requirements specified herein are intended to create an aesthetically pleasing development which enhances the appearance and character of the city of West Des Moines, while protecting the general health, safety and welfare of the citizens. Landscaping is required to address the following primary aspects or consequences of development:
• Open space protection and enhancement,
• Mitigation of paving expanses associated with off street parking,
• Visual screening of undesirable views, activities and/or site elements, and
• Street side enhancement ("streetscapes").
At the time of site plan review for each lot, landscaping shall be evaluated to ensure achievement of the standards stated within this specific plan ordinance. Additional vegetation beyond that required herein may be required to be implemented in response to additional details of the use, buildings, parking, site layout, etc. Details regarding specific varieties, exact quantities, and the minimum size at time of planting shall be provided and approved as part of the site plan submittal for each lot and shall meet the general guidelines in respect to the minimum plant size traditionally applied to development within the city.
1. Open Space: The intent of open space is to allow for a balance between natural areas and the built environment and to provide for the overall beautification and "greening" of the city.
a. A minimum of twenty percent (20%) open space shall be provided within each parcel as identified on the specific plan map.
b. Open space shall be considered all areas unencumbered by buildings or paved areas associated with parking, drive aisles, and loading docks or zones. Plaza areas, water features and structures such as gazebos, arbors, pergolas, etc., that are associated with outdoor pedestrian use areas, as well as designated and enhanced pedestrian walkways through and between parcels may be counted toward fulfilling the minimum open space requirement.
c. Vegetation at a rate of two (2) trees and three (3) shrubs per three thousand (3,000) square feet of required open space shall be provided within the parcel.
(1) 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. 1765, 7-16-2007)
(2) Vegetation substitution:
(A) One evergreen tree or six (6) shrubs may be substituted for one required tree; however, no more than twenty five percent (25%) of the required number of trees may be substituted unless specifically approved by the director of development services in order to meet a defined design intent. (Ord. 1765, 7-16-2007; amd. Ord. 1921, 5-31-2011; Ord. 2127, 11-30-2015)
(B) A twenty five (25) square foot mass planting of perennials or ornamental grasses may be substituted for three (3) shrubs.
d. Vegetation required as part of the open space may be placed into off street parking areas, streetscapes or required buffers; however the open space vegetation is in addition to that which would be required of buffers or parking islands/pods and may not be counted toward fulfilling the minimum amount of vegetation required for these areas.
2. Off Street Parking Areas:
a. All off street parking areas shall be landscaped to screen their visibility from street rights of way and adjoining property outside of Paradise Pointe development.
b. All off street parking areas shall be aesthetically improved to reduce obtrusive characteristics that are inherent to their function. Multiple landscape islands combined with vegetation shall be incorporated to effectively eliminate a "sea of asphalt/concrete" and to provide shade thus decreasing heat reflection back into the environment. Landscape islands and/or pods shall be implemented in accordance with the following: (Ord. 1765, 7-16-2007)
(1) Islands or open areas shall be located at the terminus end of all parking rows. Terminal islands shall measure at least ten feet (10') in width and shall match, at a minimum, the stall length unless otherwise allowed per the discretion of the director of development services. (Ord. 1765, 7-16-2007; amd. Ord. 1921, 5-31-2011; Ord. 2127, 11-30-2015)
(2) Linear parking islands that run the length of the parking row shall be implemented every six (6) rows of parking. Said linear islands shall measure a minimum of eight feet (8') in width and shall be landscaped to provide "green" within the parking lot. The incorporation of defined pedestrian pathways within these linear islands is encouraged.
(3) Linear parking rows with greater than twelve (12) parking stalls shall incorporate a landscape island or pod every six (6) stalls. At a minimum, islands shall match the dimensions of one parking stall and pods shall measure a minimum of six feet (6') from back of curb to back of curb.
(4) For every twelve (12) parking stalls, one tree and two (2) shrubs or a twenty (20) square foot massing of perennials or ornamental grasses shall be located within the islands or pods within the parking area.
3. Visual Screening:
a. Mechanical Equipment:
(1) Ground level views from public streets and adjoining properties of the negative aspects of development and land uses such as loading docks; heating, ventilation, or air conditioning (HVAC) units; or similar electrical or mechanical appurtenances shall be adequately screened. Said screening shall be achieved through the use of architectural enclosures and/or earth berming and landscaping consisting of evergreen material for year round screening.
(2) All rooftop mechanical units shall be screened from ground level views from public streets and adjoining properties through architecturally incorporated opaque screen walls, raised parapet walls, penthouse feature, or other opaque material comprised of materials consistent with the associated primary structure. Screening measures and materials shall be reviewed as part of the site plan review process. Due to variation in building heights at and adjacent to the northern end of the development, it is recognized that complete opaque screening of views from the taller buildings of rooftop equipment on single story or lower buildings may not be achievable.
b. Trash Enclosures: Trash receptacles and dumpsters shall be screened by the use of a permanent enclosure. Whenever possible, the enclosure should be designed as an attached extension to the primary structure rather than a freestanding structure. Enclosures shall be constructed of materials consistent with or complementary to the primary structure. Additionally, the enclosure should be landscaped to minimize the visual presence and impact of the structure on surrounding properties, businesses, and public streets.
4. Streetscaping: A landscaped edge or "streetscape" shall be provided along all public streets which are not required to provide a buffer. These streetscapes are intended to provide desired green to the city, interest, comfort to pedestrians, visual softening of pavement expanses, bring human scale to adjoining buildings, minimize heat reflection, and provide traffic calming benefits. The streetscape should have a noticeable pattern, design, or plant variety and should attempt to serve as a distinguishing or identifiable landmark for the development.
a. Streetscaping shall be located within the first fifteen feet (15') parallel and adjacent to the public street right of way or back of curb of private streets and primary access drives.
b. Vegetation within streetscape areas shall be provided at a rate of one tree and three (3) shrubs per thirty five (35) linear feet of streetscape. A twenty five (25) square foot mass planting of perennials or ornamental grasses may be substituted for three (3) shrubs.
c. Vegetation required of streetscapes shall be in addition to vegetation required of parking and open space. Vegetation required as part of open space may be placed into streetscapes; however the open space vegetation may not be counted toward fulfilling the minimum amount of vegetation required for the streetscape.
J. Pedestrian Elements: The Paradise Pointe development, in alignment with "Town Center Overlay District Guidelines", aims to encourage pedestrian movement and opportunities for pedestrian interaction through a series of interconnected sidewalks and gathering areas. The specific plan map on file in the city indicates the locations and type of anticipated plaza areas and pedestrian corridors. Conceptual illustrations for the plaza areas indicated are included in the exhibit packet (on file with the city clerk). Specific details and final materials and layouts for each of these plaza areas shall be submitted, reviewed, and approved as part of the site plan for the associated lot.
1. Usable Open Space: All parcels within the Paradise Pointe development shall provide usable open space or activity spaces through the integration of plazas, green spaces, interconnected and enhanced pedestrian corridors and focal point elements.
a. These areas shall encourage opportunities for interaction among pedestrians through the provision of seating opportunities (benches, chairs, tables, planter walls, etc.). Without compromising the design intent of the plazas, the developer is encouraged to maximize the number of furniture/seating opportunities throughout the development. Representations of the site amenities, including street furniture that will be provided throughout this development are included in the exhibit packet (on file with the city clerk). Although deviations from the illustrations are permissible, the street furniture is intended to serve as a unifying element throughout the development.
b. Open space plaza areas shall incorporate a variety of hardscape landscape materials (stone pavers, stamped concrete, field boulders, etc.) for visual interest and variety and shall implement landscape vegetation to soften, enhance, and delineate the areas. All plaza/pedestrian areas are required to incorporate "green" through the incorporation of planter beds, containers, or raised planters.
c. Appropriate lighting should be incorporated into the plaza areas and along pedestrian pathways for safety reasons and to extend the usability of the area into the evening hours. Such lighting may be provided by either pole mounted fixture or bollard style lighting.
d. Plaza areas associated with establishments which serve alcoholic beverages shall provide a definable boundary (change in material, unmovable signage, physical feature, etc.) between the private establishments in which alcohol consumption is allowed and the public area in which it is not. A physical barrier (fencing, railing, landscaping, etc.) shall prohibit access into the patio area from the public area; all access into the patio area shall be through the interior of the establishment. The barrier specifications shall be reviewed and approved as part of the alcohol permit application.
e. Unless provided prior to site development, the installation of these pedestrian elements shall occur in conjunction with the development of a specific lot and shall be completed prior to issuance of a final occupancy permit.
2. Pedestrian Connections: The overall development shall integrate interconnected pedestrian walkways to allow and encourage pedestrian movement from one establishment to another within the Paradise Pointe development, as well as to other surrounding developments.
a. Pedestrian pathways internal to the development and across parking areas and drive aisles shall be constructed with contrasting color, paving material or pavement patterns to the adjoining paving in order to provide a definable and highly visible crosswalk. Simply striping pedestrian crosswalks shall not meet the intent of this section.
K. Lighting:
1. Fixtures used within off street parking areas shall be consistent with those illustrated in the exhibits packet (on file with the city clerk). Although deviations from the illustrations are permissible, the fixtures are intended to serve as a unifying element between parcels within the development.
2. Fixtures used within off street parking areas shall be consistent with those illustrated in the exhibits packet (on file with the city clerk). Although deviations from the illustrations are permissible, the fixtures are intended to serve as a unifying element between parcels within the development.
3. Said fixtures shall not exceed twenty five feet (25') in height as measured from the ground to the top of the light structure.
4. No wall packs without shields to direct the light to a defined target are allowed. No floodlighting is allowed. In addition to cutoff fixtures, particular attention shall be given to eliminate hot spots and light glare. To achieve this, additional measures may include, but are not limited to, lowering parking lot light levels after business hours, turning off lights not necessary for security purposes, and use of landscaping for light screening/blockage.
5. As a part of the review of each site plan, a photometric plan must be submitted. During the review, the applicant must demonstrate how lighting will not adversely affect adjoining properties.
L. Cart Corrals: If implemented, cart corrals shall be permanent fixtures and constructed with masonry, stone, or block. No tenant or product identification signage for advertising purposes may be located on the cart corrals. (Ord. 1765, 7-16-2007)