Whereas, title 9, chapter 9, "Planned Unit Development District", of the city code establishes certain regulations and guidelines pertaining to accompanying information required on a plat, site plan, and permitted conditional use permit 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 5940 University 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, 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 of this section, the following land use design criteria shall apply to the following parcels as identified on the sketch plan:
1. All Parcels:
a. Allowed Uses: Allowed uses within all parcels of the PUD shall include all permitted uses and permitted conditional uses within the support commercial district (SC), 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 parcel D of this PUD with the approval of a permitted conditional use permit:
Amusement parks, indoor operations only (SIC 7996)
Amusement rides and concessions (SIC 7999)
Coin operated amusement devices, except gambling machines (SIC 7993)
Indoor laser tag (SIC 7999)
Motion picture theaters, except drive-in (SIC 7832)
Roller and ice skating rink operations (SIC 7999)
b. Parking, Loading And Internal Drive Setbacks: Off street parking lots, loading areas and internal drives shall be sufficiently set back a minimum of fifteen feet (15') 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.
c. Drive-Throughs: One drive-through facility for use by a bank, pharmacy, or dry cleaner; and one restaurant with a drive-through shall be allowed within parcel B or C of the PUD.
As a part of the review of a site plan or permitted conditional use permit submitted for any allowed drive- through facility, the property owner/developer must demonstrate through design and screening that the proposed drive-through facility will not negatively impact the surrounding properties or create traffic congestion in the area. All allowed drive-through 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-through.
d. Architecture: All buildings within the PUD shall be 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, EIFS type materials, visible asphaltic exterior wall or roof 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 or accent material, unless the city council of West Des Moines, after having received a recommendation from the plan 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 a single project concept.
e. 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.
2. Parcels B And C: All general use regulations, performance standards and provisions set forth in title 9, "Zoning", of the city code for the support commercial district (SC) shall apply to any development proposal within the PUD except as modified herein. The following development standards and use regulations shall apply to any development within the PUD as applicable:
a. Open Space Required: On each lot there shall be provided an open space equal to at least twenty five percent (25%) 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. 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. (Ord. 1746, 4-23-2007)
3. Parcels A And D: All general use regulations, performance standards and provisions set forth in title 9, "Zoning", of the City Code for the Professional Commerce Park (PCP) District shall apply to any development proposal within the PUD except as modified herein. The following development standards and use regulations shall apply to any development within the PUD as applicable:
a. Building Setbacks: The setback requirements of the Professional Commerce Park (PCP) District shall apply to all lots within the PUD boundaries with the exception of the west boundary (60th Street) of Parcels A and D which shall have a one hundred foot (100') building setback. Unless otherwise required by Building or Fire Codes, there shall be no internal building setbacks between Parcels A and D.
b. Parking Requirements:
(1) For all traditional nonmedical office uses, the minimum number of parking stalls required shall conform to title 9, chapter 15 of the City Code.
(2) All medical office uses shall provide a minimum of one space per three hundred (300) square feet of gross leasable area (gla).
(3) At the discretion of the Director of Development Services, a less stringent parking calculation may be used provided the applicant can demonstrate that a parking rate less than the required will adequately provide for the site due to shared parking or offsetting peak use times.
c. Open Space Required: A minimum of thirty percent (30%) open space shall be provided within each lot within the PUD. "Open space" shall be defined as those areas unencumbered by buildings or paved areas associated with parking, drive aisles, and loading zones. Plaza areas, water features and structures such as gazebos, arbors, pergolas, etc., that are associated with common outdoor pedestrian use areas available for use by the general public, as well as designated pedestrian walkways through and between parcels may be counted towards fulfilling the minimum open space requirement.
(1) Vegetation Required:
(A) Vegetation at a minimum rate of two (2) trees and three (3) shrubs per three thousand (3,000) square feet of required open space shall be provided within each parcel.
(B) Ten percent (10%) of all required trees shall be a minimum of three inch (3") to three and one-half inch (31/2") caliper. Thirty percent (30%) of all required trees shall be a minimum of two inch (2") to two and one-half inch (21/2") caliper. The balance of all required trees shall be eight feet (8') to ten feet (10') or one and one-half inch (11/2") caliper. The minimum height for evergreens shall be six feet (6') and may be counted as two inch (2") to two and one-half inch (21/2") caliper.
(2) Substitution Allowed:
(A) Two (2) ornamental trees, one evergreen tree, or six (6) shrubs may be substituted for one required overstory tree; however, no more than twenty five percent (25%) of the required number of overstory trees may be substituted.
(B) A twenty (20) square foot mass planting of perennials or ornamental grasses may be substituted for three (3) shrubs.
(3) Off Street Parking Areas: Vegetation required as part of the open space may be placed into off street parking areas; however the open space vegetation is in addition to that which would be required of parking areas and may not be counted towards fulfilling the minimum amount of vegetation required for these areas.
d. Off Street Parking Areas: All off street parking areas shall be aesthetically improved to reduce obtrusive characteristics that are inherent to their function. Trees and shrubs shall be implemented within landscape islands, pods, or strips to effectively eliminate a "sea of asphalt/concrete" and to provide shade thus decreasing heat reflection back into the environment. Landscaping shall be implemented in accordance with the following:
(1) Islands or open areas shall be located at the terminus end of all parking rows. Terminal islands shall match, at a minimum, the stall length and measure at least ten feet (10') in width unless otherwise allowed per the discretion of the Development Services Director.
(2) Islands shall measure a minimum of nine feet (9') in width and shall match, at a minimum the stall length. Pods shall measure a minimum of six feet (6') from the back of curb to back of curb.
(3) With the exception of stalls implemented as part of a parking structure, for every ten (10) parking stalls implemented, one tree and two (2) shrubs or a twenty (20) square foot massing of perennials or ornamental grasses shall be located within the parking islands, pods, or strips within the parking area or in open areas immediately adjacent to the perimeter boundary of the parking area. Perennials and grasses located within pods shall be a minimum of three feet (3') in height in order to be visible between the cars.
(4) Vegetation substitution allowed:
(A) One tree may be substituted for six (6) shrubs.
(B) A twenty (20) square foot mass planting of perennials or ornamental grasses may be substituted for three (3) required shrubs.
(5) Vegetation required as part of off street parking areas is in addition to that which would be required of open space and may not be counted towards fulfilling the minimum amount of vegetation required for open space.
e. Building Height: No part of any structure on Parcel D shall exceed eighty feet (80') in height as measured from the average finished grade. (Ord. 2341, 2-4-2019)