Whereas, Title 9 of the West Des Moines City Code includes Chapter 9, Planned Unit Development District (PUD) and establishes certain regulations and guidelines pertaining to accompanying information required on a plat and site plan documents.
A. Now, therefore, the following conditions, restrictions, and regulations are adopted as part of this approval and the following general site plan criteria shall be integrated into and made a part of the development criteria for the Westdale PUD, to wit:
1. All subdivisions, public streets, public 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 the Des Moines Metropolitan Design Standards as adopted by the City of West Des Moines pertaining thereto, unless otherwise stated within this Ordinance.
2. Any regulation, standard, provision or requirement that is not specifically addressed within this document that is regulated elsewhere in the City Code of West Des Moines, the requirements of the City Code are applicable and shall be enforced.
3. In all areas within a 100-year frequency flood hazard zone, or adjoining drainageways or detention areas involving potential flood hazards, no building shall be erected which has a lowest floor, including basements, less than one foot (1') above the determined level of the 100-year frequency flood event or floodproofed to the same elevation in accordance with the West Des Moines Floodplain Ordinance, and no building shall be erected within twenty five feet (25') of any major drainage, storm water detention basin or pond.
4. The developer, their successors and assigns, if any, shall pay all construction and engineering costs for the interior development of the Planned Unit Development, in accordance with the current City policies at the time of development, as required by this Ordinance, the Subdivision Ordinance of the City of West Des Moines, 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 within the PUD as may be required.
B. Land Use Design Criteria: In addition to the general conditions as stated in subsection A above, the following land use design criteria shall apply to the development areas designated by parcel on the sketch plan. The sketch plan document which is made a part of this rezoning action per Section 021-02 of this Ordinance, delineates three (3) parcels of the PUD as Parcels 1, 2 and 3 for application of specific standards of land use and development regulations. (The parcels are legally described in Section 021-01 of this PUD.) The following development standards and use regulations shall apply to each of the individual parcels as applicable.
1. Parcel 1: All general use regulations, performance standards and provisions set forth in Title 9, Zoning, Chapter 6 of the City Code for the RC Regional Commercial District shall apply to any development proposal for all property within Parcel 1 as shown on the sketch plan of Westdale PUD, except the following uses shall be prohibited:
Fast food restaurants with drive-thrus (part of SIC 5812)
Automotive repair and services (SIC 75)
2. Parcel 2: All general use regulations, performance standards and provisions set forth in Title 9, Zoning, Chapter 11 for PCP Professional Commerce Park District shall apply to any development proposal for all property within Parcel 2 as shown on the sketch plan of Westdale Plaza PUD.
3. Parcel 3: The following general use regulations, performance standards, and provisions shall apply to all development proposals for that property within Parcel 3 as shown on the sketch plan of Westdale Plaza PUD:
a. Any use allowed in the PCP district, and the following uses are allowed as permitted uses:
Drinking places (SIC 5813)
Motion picture theaters, except drive-in (SIC 7832)
Barber shops (SIC 724)
Beauty shops (SIC 723)
Stationery stores (SIC 5943)
Furniture stores (SIC 5712)
Jewelry stores (SIC 5944)
Service (part of SIC 7389)
Photographic studio (SIC 722)
Camera and photographic supply stores (SIC 5946)
Specialty or gourmet food store (convenience or general food
retail prohibited) (SIC 54)
Fast food restaurants with drive-thrus or uses of similar
character are prohibited.
b. All buildings regardless of occupying use shall have as the primary elements of the exterior fascia glass, and concrete or face brick. No wood, masonite, aluminum siding, or other similar material shall constitute a portion of any building except as a trim material of no greater than ten percent (10%) of any wall area, unless the City Council, after having received a recommendation from the Planning and Zoning Commission, shall determine that said material when used as a primary element, enhances the overall appearance, and provides the continuity necessary to unite all structures together into one project concept within Parcel 3 and be compatible with the neighborhood.
No building shall be constructed unless the same shall have been reviewed by the Planning and Zoning Commission and City Council for compliance with this Ordinance. No building plans shall be submitted for review unless accompanying said structural plans, shall be an ancillary document detailing the screening, storage, and removal of trash from the building proposed.
c. In connection with any use proposed in Parcel 3, space for parking and loading shall be provided in accordance with regulations within Off-Street Parking and Loading, Title 9 of the City Code, except as further regulated herein.
Wherever possible, parking areas, loading ramps, utility areas, etc., shall be effectively screened from observation and visibility by normal traffic using all public thoroughfares within five hundred feet (500') of such area's immediate perimeter or boundary. Screening shall be accomplished through the design incorporation of landscaping such as planting screens using substantially mature trees and shrubs which have a year-round effectiveness; topography such as the natural or manmade grade differences; structural additions such as permanent walls or other equally permanent and effective screening innovations. Any one or combination of screening methods may be used; providing, however, the net result shall be complimentary to the central theme of the overall aesthetic character as well as effectively accomplish the concealment of the area in question.
d. The total ground area devoted to open space for natural landscape and landscape beautification shall not be less than thirty percent (30%) of the total land area within the immediate site under ownership and consideration plus additional open space equal to ten percent (10%) of the total paved area devoted to parking, loading and drives. Such open spaces shall be free of all drives, parking areas, structures, buildings, etc., except for those walkways, monuments, ornamental structures, etc., considered to be necessary but essential to the central landscape theme.
e. No structure shall be located closer than fifty feet (50') from the right-of-way of Westown Parkway or any boundary of Parcel 3. All parking or loading areas shall have a minimum setback of twenty five feet (25') from Westown Parkway.
f. It is not the intent of this Section to prohibit the multiple use of Parcel 3 by more than one building, provided if more than one building is proposed a master plan shall be submitted to the City and approved by the City Council. The City reserves the right to require the recordation of restrictive covenants on the parcel setting forth guidelines for the use of building materials and site plan development to assure that building construction shall be compatible with the neighborhood and adjoining PCP Professional Commerce Park Zoning District.
B. One monument sign each for Parcels 1 and 2 and two (2) monument signs for Parcel 3 as a maximum, and no greater than one sign per building site in Parcel 3 shall be utilized to identify development within each parcel. No individual tenants shall be identified on a sign unless the tenant occupies thirty three percent (33%) or more of the leasable area of a building. Installation and performance standards of monument signs shall comply with those regulations set forth in the City's Sign Code pertaining to monument signs in the PCP District. No pole signs shall be incorporated into the development.
The sign used to identify Parcel 2 may be placed within the required setback limits off Westown Parkway, provided, said sign is placed within twenty five feet (25') of the common drive providing access to Parcel 2 and a perpetual easement is recorded before issuance of a sign permit by the City. No sign structure shall be closer than seventy five feet (75') to another separate sign structure within the PUD.
C. All signage to be constructed as wall signs on building fascia shall incorporate aesthetic features compatible with wall signage in the development and neighborhood. Each sign shall be composed of individual letters, listing the store or tenant name only (product or items sold specifically excluded). No window or door space, either exterior or interior to any building shall be used for any sign, advertising, or similar purpose except to display the name or address of the establishment.
Wall signage shall be allowed in accordance with the PCP regulations of the West Des Moines Sign Code.
D. The outside storage or display of equipment, materials, or retail goods is prohibited.
E. Ingress and egress to Parcel 2 shall be by way of a common access drive which shall be a hard surface roadway (as required and approved by the City) and shall be constructed by the developer, its successors in interest or assigns, upon development of Parcel 2. A permanent private access easement as reviewed by the City for that portion of the common drive located in Parcel 3 shall be recorded upon development of either Parcel 2 or 3, whichever shall first occur.
F. With the first development proposal, or prior thereto, there shall be submitted to and approved by the City of West Des Moines, a storm water management plan for the entire PUD. The drainage system plan shall be such that the storm water management for the entire site as it relates to the first development proposal shall be shown, in such detail as necessary to satisfy the City. The plan shall be guided by, and adhere to the West Des Moines Subdivision Ordinance and the Blue Creek drainage study as same pertains to storm water management, with the provision made for conveyance of the 100-year return frequency rainfall (even), including the provision for on-site temporary detention and storage equivalent to limiting the release of storm water run-off from all areas tributary to Blue Creek. No use shall be permitted in a drainage easement other than open space.
G. No structure shall be located closer than fifty feet (50') from the drainage easement boundary of Blue Creek.
H. The petitioners seeking this rezoning, their successors and assigns, if any, shall pay all construction and engineering costs for the interior development of the planned unit development, as required by the Subdivision Ordinance of the City of West Des Moines, Iowa, for all nonpublic and public improvements as may be required including but not limited to drives, storm sewers, sanitary sewers, creek improvements, creek crossing structures, City-owned utilities, and other improvements as may be required by the Subdivision Ordinance, Zoning Ordinance and this regulation. (Ord. 1356, 4-5-1999)