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 following general site plan criteria shall be integrated into and made a part of the 50th Street PUD:
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 that is not specifically addressed within this document that is regulated elsewhere in the City Code of West Des Moines, the requirements of the City Code shall still 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, 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 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:
1. All general use regulations, performance standards and provisions set forth in Title 9, Zoning for the PCP Professional Commerce Park District shall apply to any development proposal for the property except as modified herein. The following development standards and use regulations shall apply to the property as applicable.
2. Allowed Uses: Allowed uses shall include all permitted uses and permitted conditional uses within the SC Support Commercial District and the PCP Professional Commerce Park District, except for automobile repair services (SIC 75) and automobile dealers and service stations (SIC 55), which shall not be permitted.
In addition, the following uses shall be allowed within this PUD with the approval of a permitted conditional use permit:
General merchandise stores (SIC 53)
Building materials, hardware, and garden supply stores (SIC
52, except 527)
Office supply and furniture stores (SIC 5712)
3. Drive-Thrus: No drive-thru facilities shall be permitted within this PUD, with the exception of one for a bank use only.
4. Multiple Uses: Multiple use of the site by more than one building shall be permitted provided that the buildings 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 part of an acceptable master development plan for the property legally described herein.
5. Building Setbacks: The front yard building setback shall be measured from any public street right-of-way or ultimate right-of-way easement per the comprehensive plan. No building shall be located closer than one hundred feet (100') from the ultimate right-of-way line of 50th Street and Westown Parkway. All other building setbacks shall be a minimum of fifty feet (50') from the property line.
6. Parking, Loading And Internal Drive Setbacks: Off-street parking lots, loading areas and internal drives shall be sufficiently set back a minimum of thirty feet (30') from property lines and ultimate right-of-way lines. Parking, loading and internal drive setbacks shall be designed to be effectively screened from public view with the use of landscaping, earth berming and/or wall structures and presenting an attractive view or element to the area. Landscape buffering shall be reviewed and approved as part of any site plan submittal or entitlement request.
7. Open Space Required: On each lot there shall be provided an open space equal to at least thirty five percent (35%) of the total lot area; said space shall be unencumbered with any structure or off-street parking and shall be landscaped and well maintained with grass, trees and shrubbery, except for areas used as pedestrian walks and ingress-egress drives. In addition, all parking areas shall include landscape areas, islands, screens, etc., equal to not less than ten percent (10%) of the total paved area. Such landscaped area shall be in addition to the open space requirements noted above for the total lot area. Landscaped islands within the parking area shall have ground cover of grass (i.e., sod), shrubs or other acceptable living plant life, unless an alternate ground cover is specifically approved as part of the site plan review by the City. Inorganic mulches in the landscape islands shall not be considered acceptable.
8. 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.
9. 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, Chapter 16, Temporary Use Permits, of the City Code.
10. Outdoor Storage: Any outdoor storage shall be screened from public street view by the use of opaque screen walls. 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.
11. 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. All rooftop mechanical units shall be screened from views from the adjacent public streets with the use of architecturally designed screen walls, parapet walls, penthouse, or other opaque material, and shall be identified as part of the site plan submittal or entitlement request. (Ord. 1273, 10-20-1997)