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, site plan and permitted conditional use documents.
A. Now, therefore, the following conditions, restrictions, and regulations are adopted as part of this approval and the following general site plan criteria shall be integrated into and made a part of the development criteria for the Ashawa PUD, to wit:
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 or floodproofed to the same elevation in accordance with the West Des Moines Floodplain Ordinance, and no building shall be erected within twenty five feet (25') of any major drainage, 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, in accordance with the current City policies at the time of development, as required by this Ordinance, the Subdivision Ordinance of the City of West Des Moines, and the Des Moines Metropolitan Design Standards as adopted by the City of West Des Moines, for all streets, storm sewers, sanitary sewers, drainage improvements, detention basins, water mains, buffers and other improvements within the PUD as may be required.
B. Land Use Design Criteria: In addition to the general conditions requirement stated within this document, the following land use design criteria shall apply to the development areas designated by parcel on the sketch plan. The sketch plan document, which is made a part of this document by reference in Section 049-02 of this PUD, delineates three (3) parcels of the PUD, each denoted with a specific parcel letter, for application of specific standards of land use and development regulations. The following development standards and use regulations shall apply to development within each of the individual parcels, or portion of a parcel, as applicable.
1. Parcel A: All general use regulations and provisions set forth in Title 9, Zoning, of the West Des Moines City Code for the NC Neighborhood Commercial District shall apply to any development proposal for all property within Parcel A as shown on the sketch plan of the Ashawa PUD, unless noted otherwise in this Ordinance. Parcel A shall incorporate a maximum net developable acreage of four and one-tenth (4.1) acres.
a. Development Standards: Allowed uses within this parcel shall be limited to those uses listed for the NC Neighborhood Commercial District as outlined in the commercial use matrix in the West Des Moines City Code unless otherwise modified herein.
The following uses shall be prohibited:
Amusement and recreation services (SIC 7999)
Coin-operated amusements (SIC 7993)
Drinking places (SIC 5813)
Gasoline service stations without repair (SIC 554)
All building heights and setbacks within Parcel A shall be in accordance with the setback and bulk density regulations of the West Des Moines Zoning Ordinance for NC Neighborhood Commercial District unless otherwise herein modified. The minimum front yard setback for this parcel shall be a one hundred feet (100'). The minimum rear yard setback shall be fifty feet (50'). The minimum side yard setback shall be fifty feet (50'). If the side yard abuts a similar district, then it may have a zero foot (0') side yard setback. All parking lot setbacks within Parcel A shall be designed in accordance with the requirements of the Off-Street Parking and Loading chapter of the West Des Moines Zoning Ordinance. The minimum required open space in this parcel shall be twenty five percent (25%) of the project area. In addition to the open space requirements for the project area, all parking areas shall include landscaped areas, islands, screens, etc., equal to not less than ten percent (10%) of the total paved area and associated drives. 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. No parking space shall be greater than seventy five feet (75') from a landscaped open space with a minimum area of two hundred fifty (250) square feet. The narrowest dimension of a parking lot island shall not be less than five feet (5').
Drive-thrus shall be prohibited in this parcel except those for grocery pickup drive, banks, dry cleaners and drug stores, with appropriate screening and buffering. As a part of the review of a site plan or permitted conditional use permit submitted for any allowed drive-thru facilities, the property owner/developer must demonstrate through design and screening that the proposed drive-thru facility will not negatively impact the surrounding properties or create traffic congestion in the area. All allowed drive-thru facilities shall be designed to be screened from the public right-of-way through the use of architectural features, earth berming and landscaping, to minimize the visual impact of the drive-thru.
b. Architecture: This parcel shall be developed with each building compatible in design and use of materials so as to appear as a single unified development. The architectural design of any building shall be acceptable to the City and all buildings within the parcel shall have as a primary element of the exterior being brick, with all sides of any building built within the parcel consistent in design and use of materials. No wood, masonite, E.I.F.S. type materials, metal or plastic 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 parcel together into one project concept.
c. Pedestrian Access: Public sidewalks shall be provided along all public street rights-of-way as each parcel is developed. Connections shall also be made between said public sidewalks and internal sidewalks. Pedestrian access shall also be provided between Parcels A and B. The design and/or location of the pedestrian walkways and sidewalks shall be determined at the site plan or permitted conditional use permit development review process.
d. 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 be not be located and designed to expose loading docks or doors, loading areas or the rear of the building to public streets unless adequately screened from public view by berming and landscaping.
A sixty foot (60') buffer park shall be established along George M. Mills Civic Parkway, along the south and east boundary lines of Parcel A and along the south boundary lines of Parcels B and C, to screen the commercial uses from the adjoining public and open space districts. Landscaping and berming of the buffer park shall be provided in accordance with the West Des Moines Buffer Ordinance.
2. Parcels B And C: All general use regulations and provisions set forth in Title 9, Zoning, of the West Des Moines City Code for the PCP Professional Commerce Park District shall apply to any development proposal for all property within Parcels B and C as shown on the sketch plan of the Ashawa PUD, unless noted otherwise in this Ordinance. Parcel B shall incorporate a maximum net developable acreage of three and eight-tenths (3.8) acres and Parcel C shall incorporate a maximum net developable acreage of ten and one-half (10.5) acres.
a. Development Standards: Allowed uses within these parcels shall be limited to those uses listed for the PCP Professional Commerce Park District as outlined in the commercial use matrix in the West Des Moines City Code unless otherwise modified herein.
The following uses shall be prohibited:
Hospitals (SIC 806)
Hotels and motels (SIC 701)
All building heights and setbacks within Parcels B and C shall be in accordance with the Setback and bulk density regulations chapter of the West Des Moines Zoning Ordinance unless otherwise herein modified. The minimum front yard and rear yard setback for Parcel B and C, if it is developed for office/commercial purposes, shall be a one hundred feet (100'). If the parcel(s) is/are developed for the expansion of the existing electrical utility substation, then the setbacks shall be a minimum front yard setback of twenty feet (20'). The expansion of the existing electrical utility substation may have a zero foot (0') side yard setback if said side yard is adjoining a commercial or office district.
Any expansion of the existing electrical utility substation shall include providing solid fencing or dense landscaping and a chain link fence, or a combination thereof, for the entire site, to the satisfaction of the Community Development Department Director. If the dense landscaping and chain link fencing option is chosen by the utility for the expansion of the existing electrical utility substation, the dense landscaping may be located within the twenty foot (20') front yard setback and the chain link fence may encroach seven and one-half feet (7.5') inside said twenty foot (20') front yard setback, (12.5 feet from the ultimate right-of-way line). If the solid fencing option is chosen by the utility for the expansion of an existing electrical utility substation, the solid fencing shall comply with the twenty foot (20') setback requirements. Nothing stated above shall be construed as permitting any required solid fencing, dense landscaping, or chain link fencing to be located within the required sixty foot (60') buffer park. All parking lot setbacks within these parcels shall be in accordance with the off-street parking and loading chapter of the West Des Moines Zoning Ordinance. The minimum required open space in this parcel shall be thirty five percent (35%) of the project area and all parking areas shall include landscaped areas, islands, screens, etc., equal to not less than ten percent (10%) of the total paved area and associated drives unless otherwise herein modified. The expansion of existing electrical utility substations shall have a minimum open space requirement of no less than twenty five percent (25%). Such parking lot landscaped area shall be in addition to the open space requirements for the project 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. No parking space shall be greater than seventy five feet (75') from a landscaped open space with a minimum area of two hundred fifty (250) square feet. The narrowest dimension of a parking lot island shall not be less than five feet (5').
Drive-thrus shall be prohibited in Parcels B and C except those for grocery pickup drives, banks, dry cleaners and drug stores, with appropriate screening and buffering. As a part of the review of a site plan or permitted conditional use permit submitted for any allowed drive-thru facilities, the property owner/developer must demonstrate through design and screening that the proposed drive-thru facility will not negatively impact the surrounding properties or create traffic congestion in the area. All allowed drive-thru facilities shall be designed to be screened from the public right-of-way through the use of architectural features, earth berming and landscaping, to minimize the visual impact of the drive-thru.
b. Architecture: These parcels shall be developed with each building compatible in design and use of materials so as to appear as a single unified development. The architectural design of any building shall be acceptable to the City and all buildings within the parcel shall have as a primary element of the exterior being brick, with all sides of any building built within the parcel consistent in design and use of materials. No wood, masonite, E.I.F.S. type materials, metal or plastic 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 parcel together into one project concept.
c. Pedestrian Access: Public sidewalks shall be provided along all public street rights-of-way as each parcel is developed. Connections shall also be made between said public sidewalks and internal sidewalks. Pedestrian access shall also be provided between Parcels A and B. The design and/or location of the pedestrian walkways and sidewalks shall be determined at the site plan or permitted conditional use permit development review process.
d. 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 and office buildings shall be not be located and designed to expose loading docks or doors, loading areas or the rear of the building to public streets unless adequately screened from public view by berming and landscaping.
A sixty foot (60') buffer park shall be established along George M. Mills Civic Parkway, along the south and east boundary lines of Parcel A and along the south boundary lines of Parcels B and C, to screen the commercial uses from the adjoining public and open space districts. Landscaping and berming of the buffer park shall be provided in accordance with the West Des Moines Buffer Ordinance. (Ord. 1281, 12-29-1997)