Whereas, Title 9 of the West Des Moines City Code includes Chapter 9, PUD Planned Unit Development District and establishes certain regulations and guidelines for Westown Centre PUD pertaining to accompanying information required on a plat and site plan documents. Now, therefore, the following conditions, restrictions, and regulations are adopted as part of this approval, to wit:
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 pertaining thereto unless otherwise stated within this Ordinance.
2. The development shall comply with Title 9 Chapter 15 (Off-Street Parking and Loading Areas), Title 9 Chapter 3 Section 9 (Open Space Requirements) and Title 9 Chapter 1 Section 1 Subsection 2 (Site Plans) of the West Des Moines Zoning Ordinance, and Title 9 Chapter 9 (Planned Unit Development District.
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, and no building shall be erected within twenty five feet (25') of any major drainageway, 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, as required by this Ordinance, or the Subdivision Ordinance of the City of West Des Moines, Iowa, for all streets, storm sewers, sanitary sewers, drainageway improvements, detention basins, water mains, buffers and other improvements within the PUD as may be required by the Subdivision Ordinance, Zoning Ordinance or this Ordinance.
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 legally described property herein:
1. All general use regulations, performance standards and provisions set forth in Title 9, Zoning, Chapter 11 for the PCP Professional Plaza District shall apply to any development proposal for the property except as shall be further provided herein. The following development standards and use regulations shall apply to property as applicable.
a. Development Standards: Permitted uses shall include all uses allowed within the PCP Professional Commerce Park District and the following:
Art supplies, galleries and studios
Banks
Barber/beauty shop
Broadcasting (teleproductions)
Book store
Day care
Dry cleaning
Florist shop
Health club
Office supply and furniture
Packaging store
Printing
Restaurants
Note: No drive-thru facilities allowed with the exception of one for a bank use only.
Multiple use of the site by more than one building shall comply with C-1-A Zone District standards which require that multiple buildings on a site be 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 the property legally described herein (approval having been granted for one lot to be a minimum of one acre in size). Buildings containing PCP District uses may exceed thirty five feet (35') in height. Yard requirements shall comply with standards of the PCP District; provided, however, the front yard building setback shall be measured from any street right-of-way or right-of-way easement and shall be a minimum of fifty feet (50'). The minimum parking lot and/or drive setback shall be a minimum of twenty feet (20') and shall be measured from the anticipated full right-of-way or 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. Additional right-of-way shall be reserved by establishing public street and utility easements at the time of a final plat or site plan review and shall be allowed to be counted to fulfill the open space requirements for the property.
b. 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 Zone 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 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.
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. (Ord. 1098, 8-15-1994)