Whereas, title 9, chapter 9, "PUD Planned Unit Development District" of the city code establishes certain regulations and guidelines 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 Water Tower Place PUD 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. The development shall comply with title 9, chapter 15, "Off Street Parking And Loading Areas", chapter 3, section 9, open space requirements, and chapter 1, section 2, site plans of the West Des Moines city code, and title 9, chapter 9, "Planned Unit Development District", sections 6 and 8.
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 basement, 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, stormwater 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 city code or this ordinance. (Ord. 1180, 5-20-1996; amd. Ord. 1582, 6-7-2004)
B. Land Use Design Criteria: In addition to the general conditions as stated in subsection A of this section, the following land use design criteria shall apply to the legally described property herein:
All general use regulations, performance standards and provisions set forth in title 9, chapter 11, "PCP Professional Commerce Park District", of the city code 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: (Ord. 1446, 5-29-2001; amd. Ord. 1582, 6-7-2004)
1. Development Standards: Allowed uses shall include all permitted and permitted conditional uses (Pc) within the professional commerce park district (PCP) and regional commercial district (RC), except gasoline service stations (SIC 554), recreation vehicle repair centers (part of SIC 7699), restaurants with drive-through facilities (part of SIC 5812), and any and all drive-through facilities except banks and home improvement centers.
In addition, a home improvement center shall be allowed within this PUD with the approval of a permitted conditional use permit. Home improvement centers shall be considered to be combination of uses from the following SIC classifications: SIC 52 – building materials, hardware and garden supply dealers, except 527 (mobile home dealers); SIC 53 – general merchandise stores; and SIC 57 – furniture, home furnishings, and equipment stores.
a. Parcel A: 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 plan and zoning commission and city council as an acceptable master development plan for the property legally described herein. 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 PCP district; provided, however, the front yard building setback from University Avenue right of way shall be a minimum of one hundred feet (100'), and the minimum building setback from 42nd Street shall be five feet (5') from the ultimate street right of way line between the Water Tower PUD's southern property line north to the centerline of the property's internal drive that ultimately aligns with Corporate Drive (the first street to the north). The remainder of the PUD building setback along 42nd Street shall be one hundred feet (100'). The minimum building setback from 36th Street shall be one hundred feet (100'). The rear yard building setback from the south property line shall be thirty feet (30') when building separation as required by applicable codes is provided between buildings within this development and buildings on adjoining properties. The minimum parking lot and/or drive setback shall be a minimum of twenty feet (20') from the ultimate street right of way line along 36th Street; and ten feet (10') from the ultimate street right of way line along 42nd Street; while no parking lot setback shall be required from the ultimate street right of way line of University Avenue for that portion of the development lying east of the primary University Avenue access. A minimum eighty foot (80') setback shall be provided from the ultimate right of way line of University Avenue for that portion lying west of the primary access. The setback area 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.
b. Parcel B: 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 plan and zoning commission and city council as an acceptable master development plan for the property legally described herein.
The front yard building setback from University Avenue shall be a minimum of one hundred twenty four feet (124'), and shall be measured from the anticipated full right of way as determined by the city during the review process.
The side yard building setback shall be a minimum of fifty feet (50') from the main north-south driveway on the east side of parcel B, and zero feet (0') from the west parcel boundary. The rear yard building setback shall be a minimum of fifty feet (50') from the south parcel boundary.
No parking lot setback shall be required from the ultimate street right of way line of University Avenue for that portion of the development lying east of the primary University Avenue access. Parking lot setbacks from private driveways shall be a minimum of seven feet (7').
Parking lot setbacks adjacent to public streets 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.
2. Outside Displays: Outside displays for retail sales shall only be allowed with the issuance of a temporary use permit under the provisions of title 9, temporary use permits, of the city code. Garden centers surrounded by a permanent enclosure and attached to a home improvement center which are approved as part of a permitted conditional use permit by the city council shall not be considered an outdoor display area for retail sales herein. However, merchandise or displays which are set up in the sidewalk or parking lot in front of a home improvement center, attached garden center or grocery store shall be considered an outdoor display, and are permitted only with the approval of a temporary use permit. (Ord. 1924, 5-31-2011)
3. Outdoor Storage: Any outdoor storage shall be screened from public view by the use of screen walls as approved by the city. Outdoor storage shall not be permitted to extend above the height of the screen at any time. No long term outdoor storage of shopping carts associated with any use within the PUD shall be permitted. "Long term storage" shall be defined as any time period in excess of three (3) hours. (Ord. 1446, 5-29-2001; amd. Ord. 1582, 6-7-2004)
4. Open Space Requirement: A minimum of twenty five percent (25%) of the total site area (both parcels A and B) shall be dedicated to open space as defined by the city code. No additional ten percent (10%) open space shall be required for paved areas; however, efforts shall be made to accommodate all other landscape provisions in title 9, chapter 19, "Landscaping", of the city code relating to landscaping of off street parking areas. The water tower site shall be included in the open space calculations pursuant to the landscaping and open space easement recorded on May 27, 1996, in book 7641, page 852 in the records of Polk County, Iowa.
5. 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. Due to the proximity of the building to the ultimate street right of way, the western facade of any building adjacent to 42nd Street shall be architecturally enhanced to provide visual interest and break up otherwise blank facades.
6. 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.
Buffering of the multi-family development, located on the southwest corner of University Avenue and 36th Street, shall be accomplished in accordance with the provisions of the buffer ordinance, ordinance 1073. A buffer wall, located along the east property line that divides this PUD from the multi-family development, consisting of landscape materials and/or a fence incorporating brick architectural elements, or a combination of both, shall only be considered acceptable upon the submittal of a written agreement executed by the owner of said property. (Ord. 1924, 5-31-2011)