Whereas, 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: A stormwater management plan will be required for the 60th And Ashworth Center PUD. Said stormwater management plan shall be prepared by a professional engineer licensed in the state of Iowa. The stormwater management plan 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 or redevelopment requiring a major modification permit within any portion of the property within the PUD. At 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: With any subdivision plat or site plan for property 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 complies with all city ordinances. The developer will be required to provide comprehensive plan right of way for 60th Street and Ashworth Road in fee title to the city of West Des Moines at the time of platting or development/redevelopment.
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. Compliance With Fats, Oils And Grease (FOG) Ordinance: Limitations on fats, oils, and grease (FOG) of the city code requires that any building or facility including food service establishments (FSE), likely to discharge fats, oils and grease to the sanitary sewer must install an approved grease interceptor and to thereafter operate and maintain the grease interceptor as provided in ordinance 1875 (title 7, chapter 8, article F, "Industrial Waste", of the city code).
8. Street Lighting: The developer shall be responsible for all costs associated with the installation of public streetlights adjacent to the development.
9. Subdivision: 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. Development Design Criteria: In addition to the general conditions as stated above, the following land use design criteria, development standards, and land use regulations shall apply to the development area indicated on the sketch plan. All general use regulations, performance standards and provisions set forth in title 9, "Zoning", of the city code for the neighborhood commercial (NC) district shall apply to any development or redevelopment proposal for the property as shown on the sketch plan unless otherwise provided herein.
1. Land Use: All land uses as set forth in title 9, "Zoning", of the city code for the neighborhood commercial (NC) district as permitted and permitted conditionally shall apply except as designated below:
a. Permitted Uses: Permitted uses shall include the following:
(1) All permitted (P) uses allowed within the neighborhood commercial (NC) district except those prohibited by this ordinance.
(2) All permitted conditional (Pc) uses allowed within the neighborhood commercial (NC) district, except those otherwise prohibited by this ordinance may be allowed with the approval of the appropriate review body.
(3) The following permitted conditional (Pc) uses shall be allowed as permitted (P):
SIC 541 | Convenience stores. |
SIC 554 | Gasoline service stations - without repair. |
SIC 7991 | Physical fitness facilities. |
(4) The following permitted (P) uses may be allowed as a permitted conditional (Pc) use with the approval of the appropriate review body:
SIC 541 | Grocery stores (except convenience stores. Convenience stores shall be permitted as indicated above) which exceed fifteen thousand (15,000) square feet gfa. Grocery stores less than fifteen thousand (15,000) square feet gfa shall be permitted (P). |
(5) The following uses shall be permitted:
SIC 549 | Miscellaneous food stores - no drive-throughs. |
SIC 57 | Furniture, home furnishings, and equipment stores, except SIC 5712, furniture stores and SIC 572, household appliance stores. |
SIC 5948 | Luggage and leather goods stores with no leather tannery. |
SIC 763 | Watch, clock and jewelry repair. |
SIC 7699-1100 | Lock and key services. |
SIC 7699-1602 | Sewing machine repair. |
b. Prohibited Uses: The following permitted (P) or permitted conditional (Pc) uses otherwise allowed within the neighborhood commercial (NC) district shall be prohibited:
SIC 01 | Agricultural production - crops. |
SIC 0742 | Veterinary services for animal specialties, with outside runs. |
SIC 0752 | Animal specialty services, except veterinary, shall be prohibited except SIC 0752 9901 grooming services, pet and animal specialties, when animals are domesticated household pets. |
SIC 5813 | Drinking places. |
SIC 592 | Liquor stores. |
SIC 6099-9901 | Check and cash agencies. |
SIC 832 0400 | Individual and family social services, rehabilitation services. |
2. Building Setbacks:
a. Principal structures shall be set back as follows:
South: Minimum of fifty feet (50') from the ultimate street right of way.
West: Minimum of fifty feet (50') from the ultimate street right of way.
North: Minimum of twenty four feet (24') from the PUD boundary.
East: Minimum of thirty feet (30') from the PUD boundary.
b. Freestanding accessory structures shall be set back as follows:
South and West: Minimum of thirty five feet (35') from ultimate street rights of way.
North: Minimum of twenty feet (20') from PUD boundary.
East: Zero setback required.
3. Gasoline Fuel Pumps And Canopy: Up to six (6) fuel pump islands which supply no more than two (2) vehicles at the same time (12 total fueling stations) shall be allowed within the development. The gasoline fuel pump canopy shall not exceed four thousand six hundred (4,600) square feet. The canopy shall not exceed twenty feet (20') in height and shall provide a minimum of fourteen feet (14') of vertical clearance under the canopy.
4. Minimum Parking Requirements: The minimum number of parking required of a planned commercial center per city code shall be provided within the site. Existing parking stalls and drive aisles within the site as of October 2011, shall not be required to comply with the minimum dimensions as stated in title 9, "Zoning"; chapter 15, "Off Street Parking And Loading"; section 6, "Design Standards"; subsection F, "Dimensions", of the city code; however, existing parking stall dimensions deficiencies shall not be increased (stall length decreased and drive aisle width further narrowed if presently less than the minimum two-way required aisle width of 24 feet or reduced to less than 24 feet in width if currently wider than the minimum two-way required 24 foot width), nor shall any new parking stalls added to the site after October 2011, be less than the minimum dimension standards stated within city code.
5. Vehicle Circulation Drives And Parking Lots: The location of the perimeter vehicle circulation drive along the south and west sides of the property as illustrated on the 2011 approved major modification site plan shall be accepted as the minimum setback required for this element. Off street parking areas shall be located a minimum of fifteen feet (15') from the ultimate right of way line. No parking setback shall be required along the east boundary when the site is developed as one parcel with the adjoining property and implementing shared parking/circulation. If not developed as one, a fifteen foot (15') parking lot setback and/or a five foot (5') vehicle circulation drive setback shall be provided along the eastern boundary.
6. Parking Lot Landscaping: Views from a public street of off street parking areas will need to be visually mitigated to the greatest extent possible within the private area of the development property.
With the exception of terminal islands at the ends of linear parking rows, parking lot landscape islands and tree pods requirements as stated within city code shall not be required until such time that the entire site redevelops. Until such time, the following measures shall be accommodated in order to visually mitigate the appearance of a "sea of asphalt" that is characteristic of parking areas.
a. No parking lot island shall be paved or covered with rock mulch.
b. Islands shall contain tree(s), multiple shrubs, and/or mass plantings of ornamental grasses or perennials surrounded by organic mulch and/or sod in order to increase the visible amount of "green" within the site.
c. Recognizing there are existing trees to work around and that visibility at intersections should not be impeded, whenever possible, multiple trees and shrubs shall be located within the islands in order to increase the visual mass of the plantings.
Existing parking lot islands which do not meet these criteria shall enhance the amount of "green" as part of a continual site improvement plan and/or in conjunction with other site improvements associated with changes/accommodation of new and existing tenants.
7. Open Space: Due to the dedication of public street right of way, a minimum of sixteen percent (16%) of the total lot area after right of way dedication shall be required to be provided as open space unencumbered by structures or vehicle drive aisles and parking areas. The minimum amount of landscape vegetation to be provided within the site shall be based on twenty five percent (25%) of the site after dedication of ultimate right of way. Two (2) trees and three (3) shrubs per three thousand (3,000) square feet of open space based on twenty five percent (25%) of the site shall be provided within the private portion of the site. Any new plantings proposed with the ultimate street right of way area for either Ashworth Road or 60th Street will require the review and approval of the city council.
8. Lighting: All light fixtures shall be of a cutoff type to eliminate glare and spillover lighting beyond the property line. No wall pack lights are allowed. Fuel canopy lighting must be flush mounted with no exposed bulbs extending below the light fixture. All new lighting shall meet these criteria. Any existing lighting which does not meet this shall be modified/replaced to comply in conjunction with repairs to the fixture. (Ord. 1933, 10-3-2011)