1.
Statement of Intent. It is the intent of the
City of Grimes that the permitted land uses for residential, business, commercial and light industrial
development to be encouraged for areas of the community defined in Section 12-11-1(7) will be known as the
Highway 141 Mixed Use Development Corridor District. The Highway 141 Mixed Use Development Corridor District provides for developing mixed uses along the Highway 141 transportation corridor. The Highway 141 Mixed Use Development Corridor District offers flexibility, allowing selected permitted uses to be integrated into a unified plan and shall enable the City of Grimes the opportunity to maintain its sense of community. The Highway 141 Mixed Use Development Corridor District is intended to:
A.
Promote and permit flexibility that will encourage a more creative and imaginative approach in development and result in a more efficient, aesthetic, desirable and economic use of the land, while maintaining density and intensity of use consistent with the adopted Comprehensive Land Use Plan.
B.
Provide minimal effect upon adjacent properties and existing development. To this end, the Planning and Zoning Commission may make appropriate requirements for fulfillment.
C.
Promote development that can be conveniently, efficiently, and economically served by existing municipal utilities and services or by their logical extension.
D.
Promote flexibility in design, placement of buildings, use of open space, pedestrian and vehicular circulation facilities, and off-street parking areas in a manner that will best utilize the potential of sites characterized by special features of geography, geology, topography, size or shape.
E.
Provide, where it is shown to be in the public interest, for the preservation of historical features and such natural features as streams, drainage ways, flood plains, ponds/lakes, topography, unique areas of vegetation, stands of trees and other similar natural assets.
F.
Provide for the enhancement of the natural setting through careful and sensitive placement of man-made facilities and plant materials.
Developers shall be encouraged to incorporate waterscapes, fountains and other architectural features with landscaping that add to aesthetics and visual attraction of the area. Developers shall also be encouraged to use natural instead of man-made materials in construction and developing aesthetic features to a site.
2.
Abrogation and Greater Restrictions. It is not the intention by this Ordinance to repeal, abrogate, annul, impair, or interfere with any existing easements, covenants, deed restrictions, agreements, or ordinances previously adopted or issued pursuant to law. However, in the Highway 141 Mixed Use Corridor District, wherever this Ordinance imposes greater restrictions, the provisions of this Ordinance shall govern.
3.
Interpretation of Standards. In their interpretation and application, the provisions outlined in this Ordinance shall be interpreted and applied as minimum requirements. Where this Ordinance imposes a greater restriction than is imposed or required by other provisions of law or by other rules or regulations or ordinances, the provisions of this Ordinance shall control. This Ordinance shall not be deemed a limitation or repeal of any other power granted by the Code of Iowa.
4.
Validity. If a section, clause, provision, or portion of this Ordinance is declared by a court of competent jurisdiction to be invalid or unconstitutional, that decision shall not affect the validity of this Ordinance as a whole or any part thereof other than the part so declared to be invalid.
5.
Title. This Ordinance shall be known as, referred to, or cited as the “Highway 141 Mixed Use Development Corridor District” of the City of Grimes, Iowa.
6.
Effective Date. This Ordinance shall be effective after adoption and publication by the Grimes City Council as required by Chapter 414, Code of Iowa, 1993.
7.
Mixed Permitted Uses. Permitted uses allowed in the
following zoning districts may be combined to create a unified development within the Highway 141 Mixed Use Development Corridor District, provided that all other City codes are met:
A.
General and Highway Service Commercial District (C-1, C-2)
B.
Planned Commercial Development District (C-3)
C.
Limited Industrial District (M-1)
D.
Commercial and Limited Light Industrial District (M-1A)
E.
Single-Family Dwelling District (R-1)
F.
Single- and Two-Family Dwelling District (R-2)
G.
Multiple-Family Dwelling District (R-3)
In Zone 1, non-permitted uses in the 141 Mixed Use Development Corridor District include any use governed by M-2, M-3 and A-1 zoning. In Zone 2, non-permitted uses include any use governed by M-2, M-3 and A-1 zoning. Accessory buildings or accessory uses are not allowed in either Zone unless accompanied by a principal building. This excludes stormwater detention facilities.
The Corridor consists of two zones. Zone 1 includes all property within the Grimes City limits and within six hundred (600) feet to the East or West of the Highway 141 right-of-way. In addition, the entire portion of any lot that is located in part in Zone 1 is included in Zone 1. Zone 2 includes all property not included in Zone 1 which is located six hundred (600) feet to one thousand two hundred (1,200) feet to the East or West of the Highway 141 right-of-way. In addition, Zone 2 includes the entire portion of any lot that is located in part in Zone 2 and located in part more than one thousand two hundred (1,200) feet from the Highway 141 right-of-way.
The Corridor shall not include the Park View West Mobile Home Park as long as it continues to be used as a mobile home park, and this exemption is limited to the following legally described area:
The Southwest Quarter of the Northwest Quarter and the Northwest Quarter of Section 9, Township 79 North, Range 25 West of the 5th P.M., less road and street, (subject to Easements of Record) all now included in and forming a part of the City of Grimes, Polk County, Iowa. By survey, 65.86 acres.
8.
Site Plan Review. Site plan review for uses in the Highway 141 Mixed Use Development Corridor shall be as specified in Section 12-17-1 of the Zoning Ordinance as adopted by the City of Grimes. Prior to the submission of the site plan within the Highway 141 Mixed Use Development Corridor District, a pre-application conference is recommended with the City Administrator, Zoning Administrator and City Engineer.
9.
Height Regulations. The maximum height for any building or structure in the Highway 141 Mixed Use Development Corridor District is ninety (90) feet. Development of the property shall be in a cohesive and uniform manner creating a campus-like setting with all other buildings and the overall site as a single or unified development.
10.
Special Requirements for Large Buildings. Supporting documentation must be submitted to the Planning and Zoning Commission for construction approval for any building with a height of forty-five (45) feet to ninety (90) feet. Supporting documentation must be submitted to the Zoning Administrator, City Engineer and City Administrator two (2) weeks prior to the presentation date to Planning and Zoning Commission. The supporting material should include a comprehensive impact statement to the effect that the project will have on the surrounding area, increased traffic pattern work-up and increased sewer and water demands from the larger structure. It must also include detailed plans showing how the added height would aesthetically work in with the rest of the development park theme and a completion layout may be required. Finally, that supporting material must set forth the types of businesses that will be located in the immediate vicinity of the proposed construction, the type of business that is proposed for the business site, and a showing of why the proposed business is consistent with businesses already located in the immediate vicinity.
11.
Graphic Required. The applicant must also include graphic renderings that illustrate the proposed development. Copies shall also be submitted two (2) weeks prior to the presentation date to all appropriate City designees. These rendered graphic illustrations shall be used to ensure the approved appearance of the project is completed and maintained.
12.
Setback Requirements. The principal building shall be set back a minimum of one hundred (100) feet from the adjacent Highway 141 right-of-way. Buildings shall be setback a minimum of twenty-five (25) feet from any public street right-of-way or public street easement. Setback requirements increase if a height variance is granted by Board of Adjustment. Structures greater than forty-five (45) feet in height require one hundred (100) foot setbacks from any public street right-of-way, public street easement, or parcel boundary.
13.
Site Area Requirements. The minimum lot size in Zone 1 and Zone 2 of the Highway 141 Mixed Use Development Corridor District shall be one (1) acre.
14.
Off-street Parking and Loading Requirements. Parking lots should be effectively landscaped with trees and shrubs to reduce the visual impact of glare from headlights and parking lot lights and the view from public right-of-way and adjoining properties.
A.
The parking space requirements listed in Sections 12-15-4 and 12-15-5 Off-Street Parking, Circulation, and Loading regulations in the City of Grimes Zoning Ordinance shall be incorporated.
B.
Any additional parking spaces shall be oriented so that no vehicle is required to back directly into a street right-of-way.
C.
All exterior parking light structures shall be designed in conjunction with the overall architectural theme of the project.
D.
Required parking spaces shall have a minimum size of nine (9) feet wide by eighteen (18) feet long exclusive of access drives, aisles or ramps. The length of parking stalls may be reduced to sixteen and one-half (16 ½) feet including wheel stops if an additional one and one-half (1 ½) feet is provided for the overhang of wheels.
15.
Reserved.
16.
General Landscape and Buffer Requirements. The landscaping requirements are minimum standards and applicable to areas used for the parking of one or more vehicles to traverse back and forth to parking spaces, service bays, and loading/unloading areas. The landscaping requirements shall provide effective buffering of all vehicular use areas, including service bays, from neighboring buildings and from street view and shall serve to guide traffic. Walls, fences or other artificial screens to be used as buffers shall be shown in elevation and prospective. Proposed height and structural material to be used shall be clearly indicated on the site plan.
A.
Interior of Lot. In Zone 1, interior lot landscaping shall be provided by landscaped islands or medians within the vehicular area and shall be used to guide traffic and separate pedestrian walkways from vehicular traffic. One (1) such landscaped island or median shall be placed for every twelve (12) parking spaces and shall be a minimum of sixty (60) square feet in area. Landscaped islands may be grouped or combined to meet interior landscape requirements provided the total square footage of any single grouping does not exceed one hundred twenty (120) square feet. The use of ornamental shrubs and coniferous trees shall be encouraged. The ground cover of the island shall consist of grass and/or shrubs, excluding paving.
B.
Perimeter of Lot Adjacent to Abutting Property. On the perimeter(s) of the lot adjacent to abutting residential property, a continuous, unbroken barrier is required for the purpose of buffering service bays, loading and unloading areas, and off-street parking or other vehicular use areas exposed to abutting property.
1.
The barrier shall be located between the common lot line and the service bay, loading or unloading area, off-street parking or other vehicular use area. The barrier shall be a minimum of six (6) feet in height consisting of a natural material such as a wood fence, an earth berm or an opaque hedge or any combination thereof. Additional buffer strip area may be required for developments greater than twenty-five thousand (25,000) square feet of building area. (Opacity. Screening shall be sight-obscuring. Fences, walls, and landscaping shall be at least seventy-five percent (75%) opaque when viewed from any angle at a point twenty-five (25) feet away from the fence, wall, or landscaping.)
2.
At a minimum, one (1) tree shall be provided every fifty (50) linear feet. Such trees shall be located or grouped between the common lot line and the service bay, loading or unloading area, off-street parking or other vehicular use area. The developer is strongly encouraged to use appropriate landscaping techniques to ensure the overall character of the site is maintained.
3.
The provisions of the subsection shall not apply when the proposed perimeter abuts an existing wall or durable landscape barrier on an abutting property, provided the barrier meets all applicable standards set out in this Ordinance.
C.
Perimeter of Lots Adjacent to Public Right-of-Way. On the perimeter(s) of the lot adjacent to public rights-of-way, a strip of land of at least ten (10) feet in depth located between the right-of-way and the off-street parking or other vehicular use area shall be landscaped to include one (1) tree for every fifty (50) feet or fraction thereof. Such trees shall be located between the abutting right-of-way and the off-street parking or other vehicular use area and shall be planted singularly or grouped in a planting area of at least twenty-five (25) square feet. In addition, a hedge, wall, earth berm, or other durable landscape barrier a minimum of three (3) feet in height shall be placed along the perimeter of such landscape strip. If said barrier consists of plant-like material, one (1) shrub shall be planted every four (4) feet and abutting the barrier. The remainder of the required landscape strip shall be planted with grass, ground cover or other landscape material, exclusive of paving.
D.
Development Within the Highway 141 Mixed Use Development Corridor District. The different land uses within the Highway 141 Mixed Use Development Corridor District shall be landscaped and buffered appropriately and in general compliance with the landscape and buffer standards set forth in this section. It is also recognized that it is possible to realize numerous beneficial effects of landscaping including the following:
1.
Landscaping can minimize demands on the City storm sewer system by preserving natural drainage.
2.
The improvement of air and water quality is achieved through such natural processes as photosynthesis and mineral uptake. The use of trees and other plants reduces erosion by the binding of soil particles with their roots, thus holding the soil together against the effects of wind and water. Vegetation reduces and/or reverses air, noise, heat and chemical pollution through the biological filtering capacities of trees and other vegetation.
3.
Landscaping reduces hot air temperatures caused by paved surfaces and automobiles through the process of transpiration associated with green material. Vegetation also helps promote energy conservation through the creation of shade, reducing heat gain in, or on, buildings and paved areas.
4.
Landscaping provides visual buffering and beautifies the appearance of setback and parking areas within the City. The use of landscaping also enhances the safety of parking lots by guiding the circulation of cars and people and by insuring that the driver’s vision is unobstructed. Preservation of landscaping protects, preserves and increases the value of property. The use of landscaping helps create natural habitat that supports eco-tourism.
E.
Visual Clearance. To insure landscaped areas do not constitute a driving hazard, safety triangle setback requirements are as follows:
1.
At access ways the sight triangle shall be formed by measuring ten (10) feet along the intersection of each side of the access way and the public right-of-way line and connecting these two points.
2.
At street intersections the sight triangle shall be formed by measuring thirty-five (35) feet along curb lines and connecting these points.
F.
Installation of Landscape. All landscaping shall be installed in an appropriate manner in order to maintain the health and quality of plant material. No certificate of use shall be authorized unless all landscaping requirements are met.
G.
Protection of Landscaped Areas. The placement of barrier curbs or wheel stops is required to protect all landscaped areas from vehicular damage.
H.
Existing Plant Material. Existing, healthy plant material on site may be used as a credit towards fulfilling the landscaping requirements specified in this section.
I.
Landscape Vegetation Standards. Landscape vegetation shall consist of species compatible with conditions in Central Iowa and shall meet the following standards. Landscaping to be used for screening purposes shall be illustrated in elevation and perspective as well as plan with the size and exact names of plants, shrubs or trees to be planted clearly indicated. On all site plans, the following requirements shall be met:
1.
Minimum requirements: Two (2) trees or two (2) trees per one thousand (1,000) square feet of required open space, fifty percent (50%) two (2) inch caliper and the remaining eight (8) feet to ten (10) feet in height and one and one-half (1 ½) inch caliper. The trees shall be balled or burlap stock. The minimum height for evergreens shall be six (6) feet and may be counted as two (2) inch caliper for requirements. The trees must live for at least twelve (12) months after planting or be replaced by the landowner.
2.
Minimum requirements: One (1) shrub shall be planted for every five hundred (500) square feet of open space, but no less than three (3) shrubs per lot.
3.
Landscape around buildings: Landscaping around buildings shall consist of a variety of plants, shrubs and flowers. Plants shall be placed along building faces that front public rights-of-way and near primary entrances into the building at a minimum spacing of one (1) foot apart once the plant is fully matured.
4.
Landscaping Plan: A landscaping plan is to be submitted for approval as part of final site plan submittal. Landscaping plan is to show the following information:
a.
Location of trees and shrubs.
b.
Size and species of trees and shrubs.
c.
Percentage of each size of tree.
d.
Type of ground cover and form of maintenance.
5.
Approval of landscaping in-place is to be requested by the developer at the time occupancy permit is requested. Any changes or deviation from the approved site plan landscape design shall be approved by the Zoning Administrator prior to installation. Landscaping materials shall be planted as each phase of a site is developed. Should completion of landscaping be delayed due to season of the year, a temporary occupancy permit may be issued if the developer posts a bond in the amount of the landscaping not completed. At the developer’s option and at the time of site plan filing, he/she may submit a list of alternate or substitute species from the permitted or established list to be used should the preferred material not be available when needed and required.
6.
Ground cover plants shall form a solid mat or cover over the ground within a twelve (12) month period. Sod shall be employed when grass is used as a ground cover in Zone 1. In Zone 2, the non-street portion of the public right-of-way and the front setback shall be sodded; all other areas may be seeded with Planning and Zoning Commission and Council approval. Non-living material shall not be used as the primary ground cover device, but may be used in conjunction with living plant material to develop an ornamental landscaping effect. Non-living material such as rocks, pebbles, sand, wood mulch or wood chips shall be placed at a minimum depth of three (3) inches and shall be used in conjunction with an appropriate landscape weed control fabric. Native seeding, in lieu of sod, may be utilized in stormwater management areas as approved by Staff.
17.
Public Service Infrastructure. Adequate facilities shall be provided to meet the needs of the proposed mixed-use development with respect to: drainage of surface waters, detention of storm surface waters, including storm sewers, gutters, sanitary sewerage; flood protection and levees when appropriate; underground utilities; requirements set out in the Grimes Zoning Ordinance and Subdivision Regulations; and any other provisions for public services necessary as determined by the City. No above ground electrical communication equipment may be located in any setback from a public street, and all above ground electrical and communications equipment must be screened from view by the general public by an opaque screen constructed of either wood or brick.
18.
Building Restrictions, Easements and Covenants. The developer or property owner shall with the approval of the City Council of Grimes adopt building restrictions, easements and covenants pertaining to each parcel developed where the developer and the City deem appropriate.
19.
Development Standards. Each parcel shall be developed based upon a single Master Plan or Site Plan with buildings compatible in design and use of materials. The Master Plan shall contain, but not be limited to, parts such as an architectural project theme plan, landscape plan, master signage plan, water management plan, pedestrian and vehicular traffic plan and parking plan. All new developments shall be built in a cohesive and uniform manner creating a campus-like setting with all buildings and the overall site developed as a single or unified development. Any development within Zone 1 shall have a minimum open green space of twenty percent (20%). Any development in Zone 2 shall have a minimum open green space of fifteen percent (15%).
20.
Transportation Networks. Adequate ingress, egress and internal circulation shall be provided to accommodate vehicular and pedestrian traffic, which includes walks, access ways, service bays and access ways, and off-street loading areas.
A.
All areas subject to vehicular traffic, including access ways, service bays and drives, and parking, storage, loading and unloading areas, shall be hard surfaced with either concrete or asphalt.
B.
Pedestrian walkways and vehicular traffic shall be separated with landscaped space. The design and/or location of pedestrian walkways shall be determined at the platting stage with a Pedestrian Circulation Plan being reviewed and approved as a component of the master site plan review.
C.
The linking and coordination of parking areas between developments in the Highway 141 Mixed Use Development Corridor District shall be encouraged to reduce the number of turns onto and off of surrounding streets and reduce potential traffic conflicts.
D.
Whenever possible the sharing and coordination of parking areas between developments in the Highway 141 Mixed Use Development Corridor District shall be encouraged to control the number of curb cuts and reduce potential traffic conflicts in the transportation network of the site and enhance the site as it relates to the surrounding developments.
21.
Service Bays, Drive Areas and Outdoor Storage Areas. The service bay drives, trash receptacles, and dumpster areas located in Zone 1 shall not face Highway 141 and shall not face abutting residential property in either Zone 1 or Zone 2. The purpose of this is to mitigate the negative effect of such service areas, such as noise, odor, refuse, and visual pollution from residential development and for motor travelers entering the City of Grimes.
A.
In Zone 1, all service bays, loading and unloading areas must be screened by an opaque fence of a height sufficient to adequately screen the bay or area from Highway 141 and consisting of wood or brick. In Zone 1, no outdoor storage is allowed, excluding garden centers. In Zone 1 and Zone 2, no service bays, loading or unloading areas, trash receptacles and dumpsters may be located in or face any setback from a public right-of-way. In cases where a substantial green space exists a landscape/berm screen can be provided, which must provide a seventy-five percent (75%) opaque view within eighteen (18) months. The majority of the landscape material shall be coniferous to provide a year-round screen.
B.
Service bays and drives, and trash receptacles and dumpster areas shall be oriented in such a way that, in the process of loading or unloading, no vehicle will block the passage of other vehicles on the service drive or extend into any other public or private street.
C.
Outdoor storage areas in Zone 2 must be fully screened by an opaque fence of a height sufficient to adequately screen the bay or area from adjacent properties and public rights-of-way consisting of wood or brick. (Opacity. Screening shall be sight-obscuring. Fences, walls, and landscaping shall be at least seventy-five percent (75%) opaque when viewed from any angle at a point twenty-five (25) feet away from the fence, wall, or landscaping.)
22.
Curbs and Curb Cuts. The number of curb cuts for any particular development shall be minimized to the greatest extent possible to provide for controlled ingress and egress within the Highway 141 Mixed Use Development Corridor District. All curbs shall be vertical curbs. No roll over curbs shall be permitted in the Highway 141 Mixed Use Development Corridor District. Curb cuts shall be in accordance with the established City standards.
23.
Lighting. The maximum height for any light fixture is thirty-five (35) feet, except on the side or sides of a development abutting a residential use, in which case the maximum height of twenty-five (25) feet shall be allowed.
A.
All light structures shall be shaded or hooded and oriented inward so as to prevent intrusion into surrounding areas. All buildings in Zone 1 and Zone 2 that face public right-of-way shall be uplit.
B.
All lighting fixtures must be drawn to scale and submitted for review along with the project plans to allow for a uniform lighting plan in the area.
C.
All buildings in Zone 1 and Zone 2 shall incorporate uplighting for building faces adjacent to public right of way. Uplighting of landscaping is encouraged.
24.
Architectural Design and Treatment Of Buildings. Any architectural design and building treatment must be approved by the City Council upon recommendation of the Planning and Zoning Commission. Illustrations of the proposed building must be submitted to the Planning and Zoning Commission and to the City Council which represents the physical appearance of the building. In considering the architectural design and treatment of the proposed building, the Planning and Zoning Commission and the City Council shall determine if the proposed structure meets the external material requirements for the Zone where it is located and is consistent with the intent of this section to create an attractive appearance of construction in the Highway 141 Mixed Use Development Corridor District. The Grimes Visual Design Standards Report is incorporated by reference to complement the standards and requirements of Section
12-11-1 Highway 141 Mixed Use Development Corridor District, and are not used to reinforce the provisions of the ordinance. Section
12-11-1 may be amended from time to time and shall govern if there are conflicts.
Definitions. All words and phrases used in this Ordinance shall have the meanings set forth in this Ordinance. Words and phrases not defined in this Ordinance but defined in the Zoning Ordinance of the City of Grimes shall be given their common, ordinary meaning, unless the context clearly requires otherwise.