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West Des Moines City Zoning Code

CHAPTER 9

PLANNED UNIT DEVELOPMENT DISTRICT

9-9-1: DEFINITIONS:

AREA DEVELOPMENT PLAN (ADP): A plan that identifies infrastructure, planning units, major street patterns, stormwater drainage and detention, public and private utilities, shared public spaces, vehicular traffic impacts, proposed density, and land use assumptions for geographically designated areas within the Town Center Overlay District. The ADP establishes development parcels that may be under one or several specific plans. The intent is to encourage cohesive, unified development and identify the phasing of construction by creating partnerships with the adjacent property owners and developers.
MIXED USE: A single building containing two (2) or more types of land use or a single development of more than one building and use where the different types of land uses are in close proximity, planned as a unified complementary whole, and functionally integrated to the use of shared vehicular and pedestrian access and parking areas.
OPEN SPACES: Shall include all uncovered areas surrounding buildings except streets, private drives, and parking areas.
OVERLAY DISTRICT: Districts which are placed over base zoning districts to modify the development standards and to achieve a specific purpose for that area. The regulations of the underlying zoning district and all other regulations remain in effect; however, if any overlay district's regulations conflict with the underlying zoning regulations the overlay's regulations prevail.
PLANNED UNIT DEVELOPMENT (PUD): Any development in which the proposed land uses, transportation elements, building densities, arrangements and types are set out in a unified plan. A planned unit development may consist of mixed residential, commercial, office, and public land uses or a single use development.
PLANNING UNITS: Parcels of land uses, such as mixed use or single-family that are determined during the review of the area development plan and further defined during the review of the specific plan.
SPECIFIC PLAN DEVELOPMENT (SP): An alternate type of planned unit development which applies to development within the Town Center Overlay District. The SP is an ordinance that is produced through a creative design process which outlines detailed development criteria such as density, architectural building details, usable open space, traffic and streetscape details for each planning unit as identified in the area development plan.
USABLE OPEN SPACE: Areas which serve the need for leisure, recreation, and pedestrian interaction. Spaces may include, but are not limited to, plaza areas, open lawn areas, trails, open air recreation facilities, outdoor gardens, pedestrian walkways, and waterways. (Ord. 1524, 4-28-2003)

9-9-2: RESIDENTIAL DENSITY:

Provided that the overall density of the residential development does not exceed the density otherwise permitted by the Comprehensive Plan, the density of residential land uses shall be as set forth by the planned unit development (PUD) or specific plan development (SP). In determining whether or not to allow the density of development to be varied from this Code, the Plan and Zoning Commission and City Council shall give consideration to the following:
A.   The amount, location, and proposed use of common open space;
B.   The location and physical characteristics of the site of the proposed development; and
C.   The location, design, and type of dwelling units and other land uses. (Ord. 2222, 5-30-2017)

9-9-3: MINIMUM ACREAGE:

No minimum acreage is required to establish a planned unit development district, unless specifically provided in the planned unit development or specific plan ordinance, for any development. (Ord. 2222, 5-30-2017)

9-9-4: INTENT:

A.   Planned unit developments or specific plans shall be used as an alternate development tool for those developments that propose a creative and innovative development whose layout is not achievable by the standards under which the property is currently zoned. This type of zoning shall be reserved for only those developments which meet one or more of the following goals:
1.   To encourage unique innovations in residential, commercial, and industrial development, and/or urban renewal so that the growing demands of the population may be met by greater variety in type, design, and layout of buildings and by the conservation and more efficient use of open space;
2.   To encourage a more efficient use of land and of public/private services, and to reflect changes in the technology of land development that benefit the future resigned;
3.   To conserve the value of the land in order to allow for development that is a creative, unique or efficient use of the land that the typical zoning standard would prevent;
4.   To provide a procedure which can relate the type, design, and layout of development to the particular site, thereby encouraging preservation of the site's natural characteristics;
5.   To provide for infill development that enhances, revitalizes and protects the overall characteristics of the surrounding neighborhood and natural resources.
B.   In addition to meeting one of the above-mentioned goals, a statement of intent for the planned unit development or specific plan shall be prepared which gives specific direction as to the objective of the development.
C.   A reduction or modification of setbacks, bulk regulations, additional signage, or amendment of land uses shall not be the sole justification for a planned unit development or specific plan. The applicant must demonstrate how the proposed development is a creative, unique or efficient use of the land and that the typical zoning standard would prevent a development that will benefit the community. (Ord. 1524, 4-28-2003; amd. Ord. 2222, 5-30-2017; Ord. 2570, 7-5-2023)

9-9-5: RESERVED:

Repealed by Ord. 2570, 7-5-2023.

9-9-6: REVIEW PROCESS:

A.   Plan And Zoning Commission: The commission shall hold a public hearing and make a recommendation to the City Council on the proposed request. If the applicant proceeds to Council with the commission's recommendation for denial, a super majority of the Council members must vote in the affirmative for the ordinance to pass.
B.   City Council: Upon the Planning and Zoning Commission making a recommendation, the City Council shall hold a public hearing to consider and take action on the proposed PUD.
C.   Amendments To A Planned Unit Development/Specific Plan: Amendments to a PUD or specific plan shall be considered by the City Council after receiving a recommendation by the Plan and Zoning Commission. It shall be the burden of the applicant to prove that the amendment meets the established intent of the existing PUD/ZCSP. (Ord. 1524, 4-28-2003; amd. Ord. 2222, 5-30-2017; Ord. 2527, 7-5-2022; Ord. 2570, 7-5-2023)