Whereas, title 9 of the West Des Moines city code includes chapter 9, planned unit development district (PUD) and establishes certain regulations and guidelines pertaining to accompanying information required on a plat, site plan and permitted conditional use documents.
A. General Conditions: 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 Depot At Ashworth 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 two feet (2') above the determined level of the 100-year frequency flood event or floodproofed to the same elevation in accordance with the West Des Moines flood plain ordinance, and no building shall be erected within twenty five feet (25') of any major drainage, storm water detention basin or pond, unless the building and site can be adequately designed to protect structures from flooding, to the satisfaction of the city's public works department and building division.
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 within the PUD. The following development standards and use regulations shall apply to development within each of the individual parcels, or portion of said parcel, as applicable:
1. All Parcels: All general use regulations, provisions, setback and bulk density regulations set forth in title 9, zoning, of the West Des Moines city code for the professional commerce park (PCP) district shall apply to any development proposal for all property within the Depot at Ashworth PUD, unless otherwise modified herein. Within the planned unit development (PUD), there shall be a maximum of five (5) principal buildings allowed and a minimum lot size of one acre for any parcel.
Within the PUD, a maximum of two (2) sit down restaurants (no drive through) shall be allowed as a permitted use. One pharmacy shall be allowed as a permitted use if in conjunction with a planned development. Building permits shall not be issued for the pharmacy until building permits for at least two (2) other buildings have been issued. All three (3) structures must be built within twelve (12) months of the completion and acceptance by the West Des Moines city council of 74th Street improvements between the I-80 interchange and Ashworth Road. The other two (2) buildings on the remaining two (2) lots within the PUD need to be built within twenty four (24) months of the completion and acceptance by the West Des Moines city council. Failure to comply with these regulations in the established time frame will result in the city initiating rezoning action to amend the Depot at Ashworth PUD to disallow pharmacy uses.
Unless used as a pharmacy, use of the building for retail purposes shall be prohibited. Upon termination of use as a pharmacy, the building may only be used for office purposes. If a drive up lane is built in conjunction with the pharmacy, but use of the building as a pharmacy is discontinued, any associated drive up lane(s) must be eliminated and the building architecturally modified to remove the drive up window. The proposed changes must be aesthetically pleasing and approved by the city prior to the building being occupied by another use or within twelve (12) months of cessation of the pharmacy use, whichever is sooner.
Any pharmacy within the PUD shall abide by the following restrictions:
- No twenty four (24) hour operation. The hours of operation shall be no greater than from seven o'clock (7:00) A.M. to ten o'clock (10:00) P.M.
- No outside sales or display of products or merchandise or any outdoor storage of products or merchandise or shopping carts, etc., shall be permitted.
- No alcohol sales will be allowed.
a. Setbacks: All building setbacks from public streets and adjacent property must comply with building setback requirements for the professional commerce park (PCP) district, unless otherwise provided herein. A minimum twenty foot (20') building setback shall be required from all interior property lines within the Depot at Ashworth PUD. A minimum twenty foot (20') building setback shall be required along the property line adjacent to the railroad right of way. No building shall be located closer than fifteen feet (15') from a drive or private street within the PUD that is designed to provide for through traffic from another building or parcel within the development. (Ord. 1468, 2-19-2002)
b. Architecture: The architectural design of buildings in the Depot At Ashworth PUD shall be cohesive and complementary to each other through the use of common design elements, materials, and/or colors. Brick and stone shall be the primary element on all sides of any buildings. No wood, masonite, visible asphaltic exterior wall material, vinyl or 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's appropriate governing body shall determine that the use of alternate building materials enhances the physical appearance. Architectural grade asphaltic shingles shall be allowed.
The architecture shall attempt to express a creative presentation of exterior building materials, exterior details and texture, treatment of windows and doors, and use of angles and multiplicity of planes within the wall and roof design to increase architectural interest. (Ord. 2043, 6-16-2014)
c. Lighting: Any lighting on the exterior of a building shall be downcast lighting. Any canopy lighting associated with the pharmacy and the bank shall be recessed into the canopy to prevent glare.
d. Screening: Less desirable elements, including, but not limited to, drive through windows and lanes, automated teller machines, garbage enclosures, and parking lots, shall be screened from view from any public streets or adjoining residential properties with a combination of landscaping of year round color, three foot (3') tall berming, and masonry screen walls.
All heating, ventilation, and air conditioning mechanical units and facilities shall be screened from public view. All walls, including screening walls, of any building within the property shall be compatible in design and use of materials of the principal buildings within the PUD. Any storage or loading area and loading docks shall be sufficiently buffered from adjoining properties, public streets and general public view.
e. Access: In the sketch plan, it should be noted that there are parcels shown which have no public street frontage. In order to comply with the intent of the city code requirements for public street frontage for all lots, at the time of platting there shall be cross access easements established throughout the PUD which shall ensure perpetual access to those properties without public street frontage. There shall also be an ongoing agreement established, such as an owners' association, which provides for the long term maintenance and reconstruction of the internal drives and private streets utilized by multiple parcels. It shall be the responsibility of the property owners within the PUD to maintain access via the private streets and drives within the development to those parcels without public street frontage and the city shall have no responsibility in providing for public street access for any of these parcels. (Ord. 1468, 2-19-2002)