Title 9 of the City Code of West Des Moines establishes certain regulations and guidelines pertaining to accompanying information required on a submittal of a final plat, final site plan, and permitted conditional use permits documents; therefore, the following conditions, restrictions, and regulations are adopted as part of this approval:
A. General Conditions: The sketch plan incorporates office and commercial/retail land uses which shall be distributed by area, types and location according to the sketch plan as presented.
In addition, the following general site plan criteria shall be integrated into and made a part of the planned unit development and sketch plan document.
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 set forth in the City Code of West Des Moines not specifically addressed within this document are applicable to this PUD 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 developers, 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 027-02 of this Ordinance, delineates ten (10) parcels of the PUD as Parcels A, B, C, D, E, F, G, H, I and J for application of specific standards of land use and the development regulations. The following development standards and use regulations shall apply to each of the individual parcels as applicable.
1. Parcel A And Parcel B:
a. All general use regulations, performance standards and provisions set forth in Title 9, Zoning, of the City Code of West Des Moines for the SC Support Commercial District shall apply to any development proposal for the property within Parcel A and Parcel B as shown on the sketch plan except as shall be further provided herein. The southern five hundred feet (500') of the aggregate of Parcels A and B 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. Parcel A and Parcel B shall encompass a maximum of twenty five (25) acres.
b. Development Standards: Allowed uses within Parcels A and B shall include all permitted uses and permitted conditional uses within the PCP Professional Commerce Park District and all permitted uses and permitted conditional uses within the SC Support Commercial District, except for the following uses which shall not be permitted:
Automobile dealers and service stations (SIC 55) (*see
exception noted below)
Automotive repair, services, and parking (SIC 75) (**except
car washes, see below)
Retail nurseries and garden stores (SIC 526)
Convenience stores (SIC 541) (*see exception noted below)
Hotels, rooming houses, camps, and other lodging places (SIC 70)
Recreational vehicle and agricultural equipment repair Services (SIC 7699)
Misc. automotive repair services (SIC 7699)
Personal item care and storage services (SIC 7299)
Mixed, manufactured, or liquefied petroleum gas production and/or distribution (SIC 4925)
Passenger and freight transportation services (SIC 472 and 473)
*One convenience store/gasoline service station (without repair) shall be allowed as a permitted condition use within the northern six hundred feet (600') of Parcel A only.
In addition, the following uses shall also be permitted within Parcels A and B***:
Apparel and accessory stores (SIC 56)
Candy, nut, and confectionery stores (SIC 544)
Dairy products stores (SIC 545)
Book and stationery stores (SIC 5942 and 5943).
Camera and photographic supply stores (SIC 5946).
Catalog and mail order houses (SIC 5961).
Florists (SIC 5992).
Furniture, home furnishings, and equipment stores (SIC 57).
General merchandise stores (SIC 53).
Gift, novelty, and souvenir shops (SIC 5947).
Hardware stores without outside storage (SIC 525).
Hobby, toy, and game shops (SIC 5945).
Luggage and leather goods stores (SIC 5948).
Miscellaneous retail stores without outside sales or storage (SIC 5999).
News dealers and newsstands (SIC 5994).
Retail bakeries (SIC 546).
Sewing, needlework and piece goods stores (SIC 5949).
Sporting goods stores and bicycle shops (SIC 5941).
Tobacco stores and stands (SIC 5993).
Used merchandise stores (SIC 593) except used building materials.
*Except engine and motor equipment supply stores; farm equipment and supply stores; and monument and tombstone stores which shall not be permitted.
*Except pet and pet supply shops; and swimming pools, hot tubs and sauna equipment and supply stores which shall be permitted conditional uses (see below).
Advertising services (SIC 731).
Building cleaning and maintenance services, not elsewhere classified (SIC 7349).
Consumer credit reporting (SIC 732).
Disinfecting and pest control services (SIC 7342).
Earth science services (SIC 8999).
Garment pressing, and agents for laundries and dry cleaners, without drive-throughs (SIC 7212).
Home healthcare services (SIC 808).
Legal services (SIC 81).
Lock and key services (SIC 7699).
Mailing, reproduction, commercial art and photography (SIC 733).
Medical and dental laboratories (SIC 807).
Motion picture theaters, except drive-in (SIC 7832).
Offices and clinics of doctors, dentists, and other healthcare practitioners (SIC 801, 802, 803 and 804).
Photo finish labs (SIC 7384).
Social services, not elsewhere classified (SIC 839).
Videotape rental (SIC 784).
Watch, clock, and jewelry repair (SIC 763).
In addition, the following uses shall be allowed as permitted conditional uses within parcels A and B***:
Bowling centers (SIC 793).
Car washes** (SIC 7542).
Dance, studios, schools, and halls (SIC 791).
Garment pressing, and agents for laundries and dry cleaners, with drive-throughs (SIC 7212).
Hot tubs and sauna equipment and supply stores (SIC 5999).
Nursing and personal care facilities (SIC 805).
Pet and pet supply shops and swimming pools (SIC 5999).
***Please note that any use which is allowed as a permitted use in the PCP professional commerce park or SC support commercial zoning districts which is listed within this PUD as a permitted conditional use shall be considered a permitted conditional use. In addition, any use which is allowed as a permitted conditional use in the PCP professional commerce park or SC support commercial zoning districts which is listed within this PUD as a permitted use shall be considered a permitted use.
The southern five hundred feet (500') of the aggregate of parcels A and B shall prohibit any and all drive-through facilities with the exception of a pick up area associated with a grocery store and a drive-through facility associated with a bank.
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. (Ord. 1330, 10-5-1998)
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 may be considered acceptable if approved by the planning and zoning commission and city council as an acceptable master development plan for parcel A and parcel B. Buildings containing PCP district uses and hotels, motels, and associated conventions facilities may exceed thirty five feet (35') in height. Yard requirements shall comply with standards of the SC support commercial district; provided however, the front yard building setback from any street right of way shall be a minimum of fifty feet (50') and the minimum parking lot and/or drive setback shall be a minimum of thirty feet (30'). In the case where a rear yard of a parcel or lot abuts a private drive, a minimum rear yard building setback of twenty five feet (25'), measured from the back of curb, may be allowed to apply to any development of parcel A. The minimum thirty foot (30') setback along University Avenue and 74th 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 the public view and presenting an attractive view or element to the area. (Ord. 1616, 11-22-2004)
A minimum fifty foot (50') wide landscaped buffer shall be established along the entire Westown Parkway frontage and the south four hundred feet (400') of frontage along 74th Street which shall incorporate a berm minimum six feet (6') in height and extensive plantings for the purpose of providing year round buffering and screening of potential retail uses and rear building areas from adjacent roadways and providing the aesthetic enhancement of this principal entrance area to the West Lakes office park.
Parcel A and parcel B shall be restricted to a maximum of six (6) total building pads with a maximum of two (2) building pads permitted within the southern five hundred feet (500') of the aggregate of parcels A and B.
c. Architecture: Architectural design and use of materials for the construction of any building within the property shall be accomplished in a manner compatible with PCP professional commerce park district building materials. The architectural design of any building shall be acceptable to the city and all buildings within the property shall have as a primary element of the exterior being fascia glass or face brick with 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, 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, or provides continuity desired to unite all structures within the property together into one project concept.
d. Buffering: Adequate buffering of negative aspects of commercial buildings (loading docks, garbage dumpsters and HVAC mechanical units) from any public street and adjoining properties shall be required. Commercial retail buildings shall not be located and designed to expose loading docks or doors, loading areas or the rear of buildings to public streets. (Ord. 1330, 10-5-1998)
2. Parcel C: 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 all property within lots 9 and 10 as shown on the sketch plan of the West Lakes PUD; except as follows: A minimum lot area of two (2) acres, and minimum lot frontage width of two hundred feet (200'), as measured at the front yard setback shall be permitted. The side and rear yard building setbacks shall be forty feet (40'). A single restaurant of PCP standards shall be permitted on lot 10 with any and all drive-through facilities being prohibited. (Ord. 1451, 9-4-2001)
3. Parcel D: Parcel D shall be a maximum of ten (10) acres. The following general use regulations, performance standards and provisions shall apply to any development proposal for that property within parcel D as shown on the sketch plan of the West Lakes PUD:
a. Allowed Uses: Allowed uses within parcel D shall include all permitted uses and permitted conditional uses within the PCP professional commerce park district.
In addition, the following uses shall also be permitted uses within parcel D:
Hotels/motels, associated convention facilities, and accessory uses of restaurants, service bars, cocktail lounges and shops with access to accessory uses limited to inside the principal building or through an internal courtyard.
A restaurant without a drive-through, and a bank which may include a drive-through.
b. Development Standards: Development within the parcel shall have a minimum open space of thirty five percent (35%) with landscaping in accordance with standards set forth within the zoning ordinance of the city of West Des Moines, Iowa. The parcel shall be developed based upon a single master plan or site plan with buildings compatible in design and use of materials. Buildings shall be set back a minimum of fifty feet (50') from any public street right of way, public street easement or the parcel D boundary. Buildings shall be set back at least a sum of fifty feet (50') from side yard property lines with a minimum of ten feet (10') on any one side. Multiple buildings separated by parking areas and lots less that two (2) acres may be considered acceptable if approved by the Planning and Zoning Commission and City Council as an acceptable master development plan for the property.
Any building over five (5) stories shall be set back from any parcel boundary an additional ten feet (10') for each story of height greater than five (5) stories. Development of the property shall be in a cohesive and uniform manner creating a campus-like setting with all buildings and the overall site developed as a single or unified development. Multiple use of the site by more than one building shall be permitted 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.
Upon written consent of all property owners within Parcel D, all individual interstate frontages may be combined in order to qualify for a freestanding interstate sign per the West Des Moines Sign Ordinance, to be utilized by the businesses within Parcel D. Such a sign shall be setback a minimum of twenty feet (20') from the interstate right-of-way, and a minimum two hundred feet (200') from the eastern and western boundaries of Parcel D.
c. Architecture: All 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.
Architectural design and use of materials for the construction of any building within the property as described in the sketch plan shall be accomplished in a manner compatible with PCP Professional Commerce Park Zone District building standards. The architectural design of any building shall be acceptable to the City and all buildings within the property shall have as a primary element of the exterior being fascia glass or face brick. No wood, masonite, visible asphaltic exterior wall or roof material, aluminum siding, nonarchitectural sheet metal, concrete block, 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, or provides continuity desired to unite all structures within Parcel D together into one project concept.
d. Buffering: Adequate buffering of negative aspects of commercial buildings (loading docks, garbage dumpsters and HVAC mechanical units) from any public street and adjoining properties shall be required. Commercial retail buildings shall not be located and designed to expose loading docks or doors, loading areas or the rear of buildings to public streets or adjoining properties.
4. Parcel E: All general use regulations, performance standards and provisions set forth in Title 9, Zoning, of the City Code of West Des Moines for the PCP Professional Commerce Park District shall apply to any development proposal for all property within Parcel E as shown on the sketch plan of the West Lakes PUD.
5. Parcel F: All general use regulations, performance standards and provisions set forth in Title 9, Zoning, of the City Code of West Des Moines for the PCP Professional Commerce Park District shall apply to any development proposal for all property within Parcel F as shown on the sketch plan of the West Lakes PUD, except a minimum two hundred feet (200') of lot frontage width as measured at the front yard setback, and a minimum lot area of two (2) acres shall be permitted within Parcel F.
6. Parcels G: All general use regulations, performance standards and provisions set forth in Title 9, Zoning, of the City Code of West Des Moines for the PCP Professional Commerce Park District shall apply to any development proposal for all property within Parcel G as shown on the sketch plan of the West Lakes PUD except that a minimum thirty foot (30') landscape buffer park shall be established along University Avenue from the future right-of-way as determined during the platting process.
7. Parcel H: All general use regulations, performance standards and provisions set forth in Title 9, Zoning, of the City Code of West Des Moines for the PCP Professional Commerce Park District shall apply to any development proposal for all property within Parcel H as shown on the sketch plan of the West Lakes PUD except as provided herein. In addition to the uses permitted within the PCP Professional Commerce Park District, a day care center, or a bank with drive-thru shall each be permitted within Parcel H. Any drive-thru and/or ATM machine(s) shall be restricted to the south side of the building located within Parcel H. Only one building shall be permitted on Parcel H. A minimum thirty foot (30') rear yard building setback shall be permitted within Parcel H.
a. Architecture: All 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.
Architectural design and use of materials for the construction of any building within the property as described within the sketch plan shall be accomplished in a manner compatible with PCP Professional Commerce Park Zone District building standards. The architectural design of any building shall be acceptable to the City and all buildings within the property shall have as a primary element of the exterior being fascia glass or face brick. The roof or the building within Parcel H shall be pitched or gabled and appear residential in nature. No wood, masonite, visible asphaltic exterior wall or roof material, aluminum siding, nonarchitectural sheet metal, concrete block, 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, or provides continuity desired to unite all structures within Parcel H together into one project concept.
b. Buffering: Adequate buffering of negative aspects of a commercial building (loading docks, garbage dumpsters and HVAC mechanical units) from any public street and adjoining properties shall be required. A minimum thirty foot (30') buffer park shall be established along University Avenue adjacent to Parcel H to be designed and constructed to effectively screen any and all parking areas and drives from adjacent properties. No parking or drives shall be permitted within the thirty foot (30') setback area.
8. Parcel I: All general use regulations, performance standards and provisions set forth in Title 9, Zoning, of the City Code of West Des Moines for the PCP Professional Commerce Park District shall apply to any development proposal for all property within Parcel I as shown on the sketch plan of the West Lakes PUD except as provided herein. In addition to the uses permitted within the PCP Professional Commerce Park District, a day care center, and/or a bank with drive-thru shall each be permitted within Parcel I. Any drive-thru and/or ATM machine(s) shall be restricted to the south side of any building located within Parcel I. Only a maximum of two (2) freestanding buildings shall be permitted on Parcel I. A minimum thirty foot (30') rear yard building setback shall be permitted within Parcel I.
a. Architecture: All 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.
Architectural design and use of materials for the construction of any building within the property as described within the sketch plan shall be accomplished in a manner compatible with PCP Professional Commerce Park Zone District building standards. The architectural design of any building shall be acceptable to the City and all buildings within the property shall have as a primary element of the exterior being fascia glass or face brick. The roof of any building within Parcel I must be pitched or gabled and appear residential in nature. No wood, masonite, visible asphaltic exterior wall or roof material, aluminum siding, nonarchitectural sheet metal, concrete block, 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, or provides continuity desired to unite all structures within Parcel I together into one project concept.
b. Buffering: Adequate buffering of negative aspects of a commercial building (loading docks, garbage dumpsters and HVAC mechanical units) from any public street and adjoining properties shall be required. A minimum thirty foot (30') buffer park shall be established along University Avenue adjacent to Parcel I to be designed and constructed to effectively screen any and all parking areas and drives from adjacent properties. No parking or drives shall be permitted within the thirty foot (30') setback area.
9. Parcel J, Lots 11, 12, And 13 Of West Lakes PUD: All general use regulations, performance standards and provisions set forth in Title 9 of the City Code for the PCP Professional Commerce Park District shall apply to any development proposal for all property within Lots 11, 12, and 13, as shown on the sketch plan of the West Lakes PUD, unless otherwise stated herein. A minimum lot area of two (2) acres, and minimum lot frontage width of two hundred feet (200'), as measured at the front yard setback shall be permitted within Parcel J. Internal side yard building setbacks within this parcel shall be no less than forty feet (40') from property lines. Front yard and rear yard building setback requirements shall be maintained at fifty feet (50').
a. Permitted Uses In Parcel J: All uses allowed within the PCP Professional Commerce Park District and:
Hotels/motels, associated convention facilities, and accessory uses of restaurants, service bars, cocktail lounges and shops with access to accessory uses limited to inside the principal building or through an internal courtyard, not to exceed three hundred fifty (350) rooms,
A stand-alone restaurant, excluding drive-thrus, not to exceed ten thousand (10,000) gross square feet. (Ord. 1330, 10-5-1998)
Within Lot 11 of West Lakes Office Park Plat 3, which can be generally described as the eastern one-third (1/3) of Parcel J, allowed uses shall include all uses allowed within the PCP Professional Commerce Park District, and the following shall also be allowed as permitted uses:
Art and architectural supply stores, art galleries (part of SIC 5999)
Art studios (part of SIC 8999)
Barber/beauty shop (SIC 723 and SIC 724)
Book store (SIC 5942)
Dry cleaning (SIC 7212)
Florist shop (SIC 5992)
Stationery stores (SIC 5943)
Note: No drive-thru facilities allowed. (Ord. 1351, 2-22-1999)
b. Architecture: All 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.
Architectural design and use of materials for the construction of any building within the property as described within the sketch plan shall be accomplished in a manner compatible with PCP Professional Commerce Park Zone District building standards. The architectural design of any building shall be acceptable to the City and all buildings within the property shall have as a primary element of the exterior being fascia glass or face brick. No wood, masonite, visible asphaltic exterior wall or roof material, EFIS, stucco, aluminum siding, nonarchitectural sheet metal, concrete block, 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 or provides continuity desired to unite all structures within Parcel J together into one project concept.
c. Buffering: Adequate buffering of negative aspects of commercial buildings (loading docks, garbage dumpsters and HVAC mechanical units) from any public street and adjoining properties shall be required. Commercial retail buildings shall not be located and designed to expose loading docks or doors, loading areas or the rear of buildings to public streets or adjoining properties. These lots shall provide a two foot (2') to three foot (3') berm designed by a registered landscape architect, architect or engineer, with landscape materials located within the parking lot setback, adjacent to the public thoroughfares, to screen the parking lots from public view.
d. Master Plan: A master plan for the nine and fifty-seven hundredths (9.57) acres shall be submitted along with each site plan submittal in this location. The master plan shall be developed as a single master plan for the three (3) lots, schematically showing private and public street alignments, location of land uses, building and parking lot locations, storm water detention and management facilities, utilities, other accessory or ancillary uses supportive of the principal permitted use, and other specifics dealing with onsite circulation, building materials and architecture, pedestrian access and pedestrian areas, signage, etc. The master plan for the development for each parcel shall be submitted and approved by the Planning and Zoning Commission and City Council prior to site plan or plat approval for any portion of the parcel. The master plan may be amended from time to time in the same manner as its original review and approval by the Planning and Zoning Commission and the City Council. (Ord. 1330, 10-5-1998)