Whereas, title 9, chapter 9 of the city code, PUD planned unit development district, 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, to wit: (Ord. 1078, 1-3-1994)
A. General Conditions: The sketch plan shows uses which shall be distributed by area, types and location according to the sketch plan and this ordinance. In addition, the following general development criteria shall be integrated into and made a part of this planned unit development and sketch plan approval. (Ord. 1917, 5-2-2011)
1. All subdivisions, public or 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.
2. Unless otherwise specified herein, the development of the Corporate Place PUD shall comply with title 9, chapter 15, "Off Street Parking And Loading", section 9-3-9, "Open Space Requirements", and section 9-1-1-2, site plans of the city code. For the purposes of the application of title 9, chapter 9, "Planned Unit Development District", section 9-9-6, final plan submittal, the submittal of final plan documents for any parcel, or part of any parcel of the Corporate Place PUD within one year after approval and publication of this ordinance, shall be considered to satisfy the terms and requirements of section 9-9-6 of the city code. (Ord. 1078, 1-3-1994)
3. In all areas within a 100-year frequency flood hazard area zone, or adjoining drainageways or detention areas involving potential flood hazards, no building shall be erected which has a lowest floor, including basement, less than two feet (2') above the determined level of the 100-year frequency flood event or floodproofed to be the same elevation in accordance with the West Des Moines flood ordinance, and no building shall be erected within twenty five feet (25') of any major drainage, stormwater detention basin or pond, unless the building and site can be adequately designed to protect structures from the flooding, to the satisfaction of the city's public works department and building division. (Ord. 1576, 3-29-2004)
4. The developer, their successors and/or assigns, if any, shall pay all planning, engineering, and construction costs for the interior development of the planned unit development, as required by this ordinance and 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 parcels illustrated and established within the PUD as may be required by the city code or this ordinance.
5. All general use regulations and provisions set forth in chapter 11, for the PCP professional commerce park district of title 9, "Zoning", of the city code, shall apply to any development within the PUD unless stated otherwise in this ordinance. Additional restrictions and conditions may apply to specific parcels as outlined elsewhere herein.
6. Prior to, or in conjunction with development or transfer of ownership of any portion of the PUD, all property within the PUD 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. The plat shall include a parcel of ground that is a minimum thirty feet (30') wide that will provide the necessary joint ingress-egress requirements for all parcels within the subject property and the isolated parcel of ground that abuts the southern boundary line of the PUD in the southeast corner. Prior to, or in conjunction with the recordation of the final plat, an ingress-egress easement document shall be executed for the ingress-egress drive within the Corporate Place PUD. (Ord. 1078, 1-3-1994)
7. The water main servicing the PUD property will need to be designed and constructed to provide an adequate water supply for fire protection prior to or in conjunction with the development of any portion of the property within the PUD. (Ord. 1576, 3-29-2004)
8. Any and all buildings within the PUD shall have fully automatic fire sprinkling systems. (Ord. 1078, 1-3-1994)
B. Land Use Design Criteria: In addition to the general conditions requirement stated herein, the following land use criteria shall apply to the development of property as reflected on the amended sketch plan. The amended sketch plan shows the location of four (4) proposed buildings and associated parking areas for application of specific standards of land use and development regulations. The following development standards and use regulations shall apply to the development of the entire or portions of the area contained within the boundaries of the PUD, as applicable.
1. Development Standards: All general use regulations, performance standards and provisions set forth in title 9, "Zoning", of the city code for professional commerce park district (PCP) shall apply to any development proposal within the PUD, except as modified herein. The following development standards shall apply to any development proposal within the PUD as applicable:
a. Any building will be required to maintain a perimeter building setback of twenty five feet (25') from the PUD boundary and a minimum separation of twenty feet (20') between buildings comprised of one story or thirty feet (30') between buildings over one story.
b. Any building will be required to comply with a minimum setback of twenty five feet (25') from the existing thirty foot (30') joint ingress-egress easement.
c. Any parking lot or associated drives will be required to maintain a minimum ten foot (10') setback from the PUD boundary and the thirty foot (30') joint ingress-egress easement, with the exception of the southern boundary of the PUD, for which a minimum five foot (5') setback will be required.
Parking lots or associated drives shall maintain a minimum setback of five feet (5') from an internal lot line, in the event the property is platted into separate lots that include the building and associated parking. Drive aisles connecting parking lots shall maintain a ten foot (10') setback from the PUD boundary.
Landscaping/berming shall be provided to screen drive aisles from public view and adjoining properties and provide a visual separation between parking lots on adjacent properties. Proposed landscaping will be included as part of the site plan review.
d. A cumulative thirty five percent (35%) of the total area and an additional ten percent (10%) of the total paved area of the PUD shall be provided as open space. (Ord. 1576, 3-29-2004)
2. Performance Standards: The following standards shall be applicable to any development within the PUD:
a. There shall be no more than four (4) lots, and one outlot.
b. Postage stamp lots with a minimum lot size less than two (2) acres will be allowed with the establishment of a property owners' association of which each lot has an ownership interest.
c. Multiple buildings on one lot shall be allowed as long as building separations as provided in the development standards above or separations as otherwise required of building and fire codes, whichever is greater, are adhered to, and a master owners' association document is executed which specifies maintenance and repair responsibilities.
d. Buildings shall not exceed a maximum building height of more than four (4) stories or fifty feet (50') in height.
e. Off street parking for SIC 791: Dance studios and schools shall be provided as follows:
(1) When for instruction purposes only: One parking stall per one hundred (100) square feet of gfa shall be provided within the same parcel as the school.
(2) When for instruction as well as dance recitals and performances of the students: One parking stall per one hundred (100) square feet of gfa plus one stall for every four (4) fixed seats shall be provided within the same parcel as the school or in conjunction with adjacent lots under a shared parking agreement.
3. Allowed Uses: Permitted uses within all parcels of the PUD shall include:
a. All permitted (P) uses allowed within the professional commerce park (PCP) zoning district except those otherwise adjusted or prohibited by this ordinance;
b. All permitted conditional (Pc) uses allowed within the professional commerce park (PCP) zoning district except those otherwise adjusted or prohibited by this ordinance may be allowed with the approval of the appropriate review body;
c. In addition, SIC 791: Dance studios and schools, except dance halls shall be considered a permitted (P) use. This use shall be permitted for instructional purposes only. Retail establishments of dance apparel and supplies and cafe/restaurant uses which are ancillary to the primary use shall be permitted (P). Said uses shall only operate in conjunction with the hours of operation of the dance school;
d. Dance recitals or other public performances by the students shall only occur within this site if the following are provided:
(1) Adequate parking is provided within the same property as the dance school or an appropriate shared parking arrangement with adjoining parcel(s) has been executed to accommodate and provide for adequate parking as otherwise required within this ordinance;
(2) The day and time of performances and recitals are outside of the day and time of normal operation hours for the businesses which have allowed parking on their site through an executed shared parking agreement;
(3) The private access drive is in a suitable condition as determined by the city's fire marshal to accommodate emergency response vehicles; and
(4) The appropriate road maintenance agreement is in place to adequately address maintenance and repair of the private ingress- egress road which extends from 42nd Street into the site. (Ord. 1917, 5-2-2011)