Whereas, title 9 of the West Des Moines city code includes chapter 9, PUD Planned Unit Development District and 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 Three Fountains Commercial 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 of the West Des Moines city code.
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, 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.
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.
All general use regulations, performance standards and provisions set forth in title 9, Zoning, chapter 11 for the PCP professional commerce park 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.
1. Development Standards: The planned unit development area incorporates two (2) parcels. Parcel A shall not exceed twelve point two hundred six (12.206) acres and parcel B shall not exceed seventeen and three-fourths (17.75) acres. Specific uses allowed on each parcel are identified below:
2. Parcel A Uses:
a. Permitted uses shall include all uses allowed within the PCP professional commerce park district and all uses permitted within the SC support commercial district, except as noted elsewhere in this ordinance.
b. Other uses permitted (P) allowed in parcel A (by SIC number):
52 | Paint wallpaper (523) |
54 | Dairy store (545) |
54 | Candy, nut, and confectionery stores (544) |
56 | Apparel and accessory store (56) |
57 | Furniture stores (5712) |
Household appliance stores (5722) | |
Radio, television, & consumer electronics stores (5731) | |
Computer and computer software stores (5734) | |
Record and prerecorded tape stores (5735) | |
Musical instrument stores (5736) | |
59 | Used merchandise stores - antique shops (5932.02) |
Sporting goods stores and bicycle shops (5941) | |
Bookstore (5942) | |
Stationery stores (5943) | |
Jewelry stores (5944) | |
Hobby, toy & game shop (5946) | |
Gift, novelty & souvenir shops (5947) | |
Luggage & leather goods (5948) | |
Notions (5949) | |
Florist (5992) | |
Miscellaneous retail stores (5999) except those noted in subsection B2c below | |
72 | Garment making, alteration, and repair (7219.01) |
76 | Radio, TV sale, repair (7622) |
78 | Theaters (7832) |
Videotape rentals (784) | |
79 | Dance studios, schools, and halls (791) |
Theatrical productions (792) | |
c. Uses not permitted:
Any use which has outside display areas for retail sales or outside storage
Bars and taverns, any uses that sell alcoholic beverages that do not have a minimum of sixty percent (60%) of their annual sales attributed to food sales
Travel trailer parks
62 | Hardware (525) |
Landscape garden (526) or landscape garden plant stores | |
54 | Meat and fish markets (542) |
55 | Gasoline service stations, automobile dealers and service station (55) |
58 | Eating places with drive-throughs (5812) |
59 | Farm equipment and supply store (6999) |
Monument and tombstone stores (5999) | |
Mail order display (5941) (5961) | |
75 | Automotive repair, service, and parking (75) |
76 | Miscellaneous repair shops and related services (769) |
d. Drive-through uses: Allowed uses which include a drive-through component will be limited to a maximum of three (3) such uses in parcel A. The length of the drive through queuing lane shall be such to accommodate the minimum number of vehicles stated in the city code, except for establishments with less than one thousand (1,000) square feet in gross floor area serving only beverages via the drive through. For such establishments, a total of nine (9) vehicle queuing spaces (four (4) of which are required to be designated for the ordering station) shall be required. This reduction in the number of vehicles to be accommodated within the queue lane shall only be permitted if an associated traffic study indicates no anticipated impact to adjoining public streets or a main vehicle drive aisle within the development.
3. Parcel B Uses:
a. Permitted uses shall include all uses allowed within the PCP professional commerce park district.
b. Uses not permitted include any use which has outside display areas for retail sales or outside storage.
Multiple buildings on a site shall 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.
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 any street right of way or right of way easement shall be a minimum of fifty feet (50'). Any freestanding buildings shall be located no closer than one hundred twenty feet (120') from the ultimate right of way of University Avenue. The minimum parking lot and/or drive setback shall be a minimum of thirty feet (30') along University and Corporate Drive and shall be measured from the anticipated full right of way as determined by the city during the platting or site plan 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.
4. 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 and use of materials for the construction of any building within the property shall be accomplished in a manner consistent with PCP professional commerce park district building materials. Color and material boards shall be presented with the site plan to ensure compatibility with surrounding office buildings.
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.
5. 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. 1296, 4-6-1998)
6. Building Setback Requirements: A minimum separation distance of forty feet (40') between primary buildings, regardless of the property line location shall be reflected on all site plans submitted for consideration by the planning and zoning commission and city council. Principal and accessory buildings and structures shall be setback a minimum of fifty feet (50') from the east property line and the ultimate right-of-way line of adjoining roadways, except that accessory buildings or structures serving a principal building or use within the site shall be setback a minimum of seventy-five feet (75') from the University Avenue ultimate right-of-way line. (Ord. 1296, 4-6-1998; amd. Ord. 2070, 12-1-2014; Ord. 2492, 10-4-2021; Ord. 2593, 12-18-2023)