Unless provided otherwise in this Ordinance, all general use regulations, performance standards and provisions set forth in Title 9, Zoning, of the City Code for the Regional Commercial (RC) District shall apply to all development within the Westowne Shopping Center area.
A. Land Use: All land uses as set forth in Title 9, Zoning, of the City Code for Regional Commercial (RC) District as permitted and permitted conditionally shall apply with approval of the appropriate review body.
1. Drive-Throughs: Drive-throughs may be permitted within the Westowne Shopping Center PUD if through the design review process, including a traffic analysis, it can be demonstrated that a drive-through does not cause traffic congestion, is in compliance with Section 8: Traffic Impact Analysis herein, does not interfere with pedestrian movements and can be designed to minimize their presence. The presence of drive-throughs shall be minimized through one or more of the following: the incorporation of the drive-through into the building architecture rather than as an added-on canopy component; visual screening through the use of earth berming and vegetation placement; or other screening measures acceptable to the City. All drive-throughs shall comply with city code requirements for vehicle queuing.
B. Lot Area: Lots less than minimum square footage required by code shall be considered acceptable if supported by reciprocal ingress/egress and parking easements; however, no lot shall be less than 30,000 square feet in size or of a size necessary to ensure development of the site complies with bulk regulations stated within this ordinance and in city code. Multiple buildings shall be permitted on one lot. Any lot line that crosses through a building may necessitate modifications to the existing buildings or measures as part of new buildings to accommodate Building and Fire Code regulations related to fire resistive construction and potentially the execution of “No Build” easements or agreements.
C. Building Setback: Buildings on all parcels shall be setback as follows. The setback shall be measured from the property line, unless otherwise indicated, to the visible primary vertical foundation wall. Intermittent encroachment into the setback for canopies, awnings, building bump-outs, outdoor dining areas, etc. may be allowed at the discretion of the Director of the Development Services.
1. Along Interstate 235 - Minimum of fifty feet (50')
2. Along Westown Parkway - Minimum of thirty feet (30')
3. Along West Property Line - Minimum of fifty feet (50')
4. Along 22nd Street - Minimum of eighty feet (80')
5. No setback (0') shall be required between internal PUD lots, unless otherwise required by building separation requirements within adopted Building and Fire Codes.
D. Internal Drives:
1. Per a (title) agreement recorded in Book 6345, Page 373, Polk County, Iowa, access to and from the existing bank located adjacent to the northeast corner of the PUD is provided via drive aisles within the Westowne Shopping Center property. This provision shall be maintained indefinitely.
2. In order to provide safe and consistent access of emergency vehicles, drive aisle design must meet requirements for emergency vehicles (bearing capacity and turning movements). All internal drives shall be of a design and surfacing to accommodate emergency response vehicles and shall be maintained at all times, including snow removal. Drives shall support a minimum of 75,000 lbs GVW.
3. A vehicle drive connection in the southwest corner of the site may be constructed upon mutual agreement of the property owner of the affected Westowne Shopping Center property and the property owner to the west or when otherwise directed by the city to alleviate a safety concern. Said connection shall give travel priority to the north-south vehicle access drive within this property that is intended for use by large delivery trucks for the patron at the south end of the development. Cost of construction of the drive shall be by agreement and generally with each property owner responsible for of that portion situated within their respective site. Said drive shall be designed and constructed compliant with off-street parking requirements.
E. Off-Street Parking: It is recognized that existing site conditions in conjunction with individual lease agreements dictate what can and cannot be done to bring off-street parking into full compliance with city code requirements for design and landscaping. While full compliance of existing areas may not be possible, it is expected that the developer will make a good faith effort within their power to align lease agreements with opportunity for modifications aimed at improving compliance. All new development parcels shall comply with code requirements adopted at the time of development for design, number and implementation of landscape areas and vegetation.
1. Parking Ratios:
a. Parking ratios shall be calculated as a Planned Commercial Center (4.5 spaces per 1,000 square feet of GFA). Minimum parking stall numbers required and provided within the site shall include the parking required for the existing bank located adjacent to the northeast corner of the PUD area per the agreement recorded March 5, 1991.
b. Parking spaces in the rear of Parcels A-1 & A-2 can be utilized to meet parking requirements if the existing granular areas are improved in a manner to comply with the city’s off-street parking surfacing requirements. Unless additional public access entries are implemented for businesses adjacent to this rear parking area, employee parking shall be encouraged in this area.
c. If shared parking is intended, if not already existing for all or parts of the development, a shared parking agreement will need to be executed in conjunction with the approval of an associated site modification permit.
d. At the discretion of the Development Services Director, a less stringent parking calculation may be used provided the applicant can demonstrate a parking rate less than the above is adequate due to the type of potential use within a specific tenant space (e.g., warehouse versus sales floor), shared uses or offsetting peak uses.
2. Setbacks: Parking areas shall be setback from the perimeter boundaries of the development as follows:
a. Along Interstate 235 - Minimum of fifteen feet (15')
b. Along Westown Parkway - Parking areas shall not extend closer to Westown Parkway than the north line of the current paved area. Due to right-of-way dedication, the parking area may remain within the street right-of-way upon execution of a city approved hold harmless agreement to the benefit of the City.
c. Along 22nd Street - Minimum of fifteen feet (15'). Existing parking areas shall not extend closer to 22nd Street than the east line of the current paved area. Any new lots created along 22nd Street frontage shall provide a minimum parking lot setback of fifteen feet (15').
d. Along West Boundary - Minimum of thirty feet (30').
e. There shall be no minimum parking lot setback between internal lot boundaries if lots are designed as one continuous parking field. Lots not designed as one shall provide a minimum of five feet (5') between parking fields.
3. Design:
a. Minimum parking stall measurements and drive aisle widths per type of parking (head-in or angled) shall align as closely as possible to Chapter 15 of the City’s Zoning Ordinance (City Code Title 9). Modifications to existing aspects shall be as follows:
(1) Parking areas shall be restriped to comply as close as possible to code in conjunction with asphalt overlays (top coating) or implementation of underground storm water detention facilities or full depth pavement reconstruction of parking area(s), whichever allows the earliest opportunity to restripe. Existing stall widths and depths shall be considered acceptable, however, wherever possible, modifications to obtain closer compliance with city code shall be undertaken. Provision of minimum drive aisle width and alignment of parking drive aisles across primary vehicle drive aisles shall take priority over achievement of code required stall depth. Stall widths shall be adjusted as possible; however, the loss of parking spaces to achieve compliance with code shall not be required.
b. Parking lot markings shall comply with the Manual on Uniform Traffic Control Devices (MUTCD).
c. A fire truck turn radius sheet shall be provided and approved by the City’s Fire Marshal prior to modifications of any parking surfaces.
4. Parking Lot Landscaping: For purposes of increasing open space within a site, providing needed visual relief from large expanses of parking, reduce heat reflection and improving pedestrian comfort, areas of vegetation within off-street parking areas is required. This site currently provides several linear parking rows and a few terminal islands, but overall does not comply with current code requirements. While complete compliance may not be possible due to lease agreements, it shall be a goal, over time, to increase the amount of green space within off-street parking areas to be in closer alignment with city code requirements and achievement of the above stated purposes. Therefore, the following shall apply within off-street parking areas;
a. All current and future unpaved areas within parking lot areas shall include no less than one (1) tree for every 150 square feet of unpaved area which is consistent to the vegetation requirement of a 9'x17' parking island. The implementation of shrubs, ornamental grasses and perennials shall be optional and at the developer’s discretion. At such time that the conversion of paved areas is to occur, the property owner shall take the appropriate measures to mitigate soil compaction and nutrient deficiencies for all areas intended for implementation of vegetation.
b. Existing green areas within the parking field shall remain or be replaced in equal size elsewhere within an off-street parking area. Within two (2) years of the adoption of this ordinance, all existing unpaved areas within the parking lot shall be reviewed for compliance to ‘a’ within this section and trees added as necessary.
c. Existing striped paved islands shall be modified to vegetative islands at such time that the implementation of underground storm water detention facilities or full depth pavement replacement (not just top coating) of parking lot areas occurs. (Ord. 2485, 8-2-2021)