Title 9, chapter 9, "Planned Unit Development District", of the city code, establishes certain regulations and guidelines pertaining to accompanying information required on plat and site plan documents. Now, therefore, the following conditions, restrictions, and regulations are adopted as part of this approval:
A. General Conditions: In addition to the PUD sketch plan map, the following general development criteria shall be integrated into and made a part of this planned unit development:
1. General Conformance To Subdivision Ordinance: All subdivisions, public and private streets, public or private 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/or established city policies pertaining thereto, unless otherwise stated within this ordinance. Any regulation, standard, provision or requirement that is not specifically addressed within this document that is regulated elsewhere in the city code, the requirements of the city code are applicable and shall be enforced.
2. Flood Hazard: 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 level floor, including basements, less than two feet (2') above the determined level of the 100-year frequency flood event. Buildings shall only be permitted within twenty five feet (25') of any easement or property boundary of a major drainageway, stormwater detention basin or pond if the applicant can demonstrate during the development review process that potential flooding from extraordinary flood events have been mitigated through site design or building design and approval is granted by the city council.
3. Developer Responsibilities: The developer, their successors and/or assigns, if any, shall pay all planning, engineering, and construction costs for the development of the planned unit development, in accordance with the city policies current at the time of development, as required by this ordinance, the subdivision ordinance, 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 as required within the PUD or by city codes.
4. Stormwater Management: Specific stormwater management plans will be required with the development of each parcel, demonstrating compliance with the approved PUD master stormwater management plan on file with the city's public works department. The developer will have said specific stormwater management plans prepared by a professional engineer licensed in the state of Iowa, prior to the submittal of any specific development proposals within the PUD. All specific stormwater management plans shall comply with the city's current design standards for stormwater management. The method of stormwater management and the stormwater conveyance system shall be determined prior to city approval of any development within any portion of the property within the PUD. At the time of platting or development, ownership and responsibility for all stormwater detention areas and private stormwater detention outlet structures will need to be established.
5. Public Street Improvements And Right Of Way Dedication: At the time of subdivision platting or site plan approval within the PUD, the applicant shall be responsible for construction and/or installation of all required public infrastructure improvements in accordance with the city's subdivision ordinance, as indicated herein, and/or as indicated on the approved PUD sketch proposal. With any subdivision plat or site plan within the PUD, the applicant shall be responsible for constructing and/or installing the public infrastructure necessary to support development in a manner that will assure that the public infrastructure functions at an acceptable level of service (per the city's comprehensive plan) and that complies with all city ordinances.
6. Sanitary Sewer: Any proposed change in approved land use densities for the PUD will require an analysis of the downstream sanitary sewer capacity to assure that adequate capacity is available for the proposed change in approved land use densities.
7. Food Service Establishments: The zoning on all or portions of the land covered by this application allow operation of food service establishments (FSEs), title 7, chapter 8, article F, "Industrial Waste", of the city code, limitations on fats, oils, and grease (FOG) requires that any building or facility, including food service establishments (FSE), likely to discharge FOG to the sanitary sewer must install an approved grease interceptor and thereafter operate and maintain the grease interceptor as provided in the ordinance.
8. Street Lighting: The developer shall be responsible for all costs associated with the installation of public streetlights within or adjacent to any area proposed to be platted or included within a development.
9. Platted: Prior to, or in conjunction with development or transfer of ownership of any portion of the PUD, said area shall be platted in accordance with the city's subdivision ordinance to delineate within a plat the parcel to be developed or sold separately or any portion thereof.
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 following development standards and use regulations shall apply to each of the individual parcels:
1. For All Parcels: All general use regulations, performance standards and provisions set forth in title 9, "Zoning", of the city code for the PCP professional commerce park district shall apply to any development proposal for the property as shown on the sketch plan except as shall be further provided herein and shall comply with all performance standards and provisions including, but not limited to, open space, landscaping, building setbacks, and other bulk regulations for the PCP professional commerce park district except as it relates to the minimum acreage requirements for site plans.
a. Platting: Multiple use of the site by more than one building shall be permitted only if said buildings are 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 shall be considered acceptable if approved by the planning and zoning commission and city council as part of an acceptable master development plan. It being hereby acknowledged that the master development plan on file in the city anticipates the development of lots of approximately one acre. The minimum twenty foot (20') parking lot setback along Westown Parkway and 42nd Street shall be measured from the anticipated full right of way as determined by the city during the platting process and shall be utilized, designed, and improved as a landscaped buffer area effectively screening all parking and drive areas from public view and presenting an attractive view or element to the area.
All lots shall be developed to meet all PCP standards for parking, open space, parking lot open space, setbacks, and all other development standards for the PCP district. Cross access easements will be established to provide for the unrestricted use and access of the drives.
Lots without public street frontage, in accordance with city code requirements ("interior lots"), may be allowed on the condition an abutting or surrounding lot meets the frontage requirements and contains nonexclusive parking areas and access drives which provide the interior lots public street access and the means to meet parking requirements ("common areas"). Permission for the use of the common areas by the interior lots may be accomplished through reciprocal access and parking easements or through an owners' association. Any such owners' association shall permit the nonexclusive use of the common areas by the owners of the interior lots in common with the owners of some or all of the remaining lots within Westown City Center. Any reference to owners shall refer to the actual individual or entity having legal title to any lot as well as all of the authorized users of such lots.
For lots platted which are not to be developed as stand alone lots (commonly referred to as "postage stamp" lots), the requirements for open space, parking lot open space, buffering, landscaping, and parking may be met by abutting or surrounding lot which is under common ownership under any owners' association with all properties within the master development plan being part of the association and shared parking and cross access easement executed which provide for the unrestricted use and access of the drives and parking for all owners within the association. Further, all structures shall be constructed with a minimum five foot (5') setback from the property line.
In no case will the open space, parking lot open space, landscape, setback or performance standards for the PCP district be reduced.
b. Uses: Allowed uses within all parcels shall include all permitted uses and permitted conditional uses within the PCP professional commerce park district and all permitted uses except for the following uses which shall not be permitted:
Hotels, rooming houses, camps, and other lodging places (SIC 70).
Personal item care and storage services (SIC 7299).
Mixed, manufactured, or liquefied petroleum gas production and/or distribution (SIC 4925).
Any and all outside display shall be restricted and allowed only by the issuance of a temporary use permit issued by the city of West Des Moines.
No drive-through facilities shall be allowed with the exception of a drive-through for a bank use and each drive- through shall be designed to be screened from the public street with berming, landscaping, and/or architectural features.
C. Architecture: The design of the buildings within the PUD shall be designed in such a manner to present an overall architecturally unified development through the use of similar materials, colors, architectural elements, etc. Architectural design and use of materials for the construction of any building within the PUD shall be accomplished in a manner compatible with PCP professional commerce park zone district building materials. The architectural design of any building shall be acceptable to the city and all buildings within the property shall have 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, aluminum siding, nonarchitectural sheet metal, concrete block, precast concrete panels, drivet, EIFS, or other similar materials shall constitute a portion of any building except as a trim material, unless the city council of West Des Moines, after having received a recommendation from the planning and zoning commission of West Des Moines shall determine said material when used as a primary element, enhances the physical appearance.
All uninterruptible power supply, generators, heating, ventilation, and air conditioning mechanical units and facilities shall be screened from public view. All walls of any building within the property shall be compatible in design and use of materials. Any storage or loading area and loading docks shall be sufficiently buffered from adjoining properties, public streets and general public view.
D. Parking And Drives: Along Westown Parkway, Interstate 235, and 42nd Street, the parking lot and/or drive setback shall be a minimum of twenty feet (20') and shall be measured from the anticipated full public street right of way or public street right of way easement as determined by the city during the platting or site planning process and shall be utilized, designed, and improved as a landscaped buffer area effectively screening all parking and drive areas from public view and presenting an attractive view or element to the area. The area between the public street on the perimeter of the PUD and the on site parking area and drives, shall be utilized, designed, and improved as a landscaped buffer area effectively screening all parking and drive areas from public view and presenting an attractive view or element to the area from the public street. The parking lot setback from the west property line shall be at a minimum five feet (5') and the drive setback from the west property line shall be a minimum of twenty feet (20').
The site plan development of the property shall include a minimum of thirty five percent (35%) of unencumbered open space and all parking areas shall include landscape areas and islands, equal to not less than ten percent (10%) of the total paved area of the site in accordance with city code requirements. Such landscaped area shall be in addition to the open space requirement for the total site. All islands within the parking lot shall be planted with living materials, i.e., shrubs, grass, or ground cover, or mulched with organic mulch.
E. Buffering: Adequate buffering of negative aspects of any development (uninterruptible power supplies, loading docks, garbage dumpsters and mechanical units) from any public street and adjoining properties shall be required. All buildings shall be located and designed so as to not expose loading docks or doors, loading areas or the rear of buildings to public streets. (Ord. 1694, 6-5-2006)