Whereas, title 9, chapter 9, "Planned Unit Development District", of the city code establishes certain regulations and guidelines pertaining to accompanying information required on 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: In addition to the specific plan map, the following general development criteria shall be integrated into and made a part of this planned unit development:
1. General Conformance To Subdivision Ordinance: All subdivisions, public and private streets, public or private 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/or established city policies pertaining thereto, unless otherwise stated within this ordinance.
2. General Conformance To Zoning Ordinance: Unless otherwise specified herein, the development of the West Glen Town Center PUD shall comply with the provisions of the West Des Moines zoning ordinance. For the purposes of section 9-9-6 of the city code, planned unit development district, final plan submittal, the submittal of plat, site plan, permitted conditional use permit, or master plan documents for any parcel, or part of any parcel of the West Glen Town Center PUD within two (2) years after approval and publication of this ordinance, shall be considered to satisfy the terms and requirements of said section.
3. Flood Hazard: In all areas within a 100-year frequency flood hazard zone, or adjoining drainageways, and detention ponding areas involving potential flood hazards, no building shall be erected which has a lowest level floor, including basements, less than two feet (2') above the determined level of the 100-year frequency flood event. Buildings shall only be permitted within twenty five feet (25') of any easement or property boundary of a major drainageway, storm water detention basin or pond if such locations will not cause potential flooding from extraordinary flood events as determined during the development review process and approval by the city council.
4. Developer Responsibilities: The developer, their successors and/or assigns, if any, shall pay all planning, engineering, and construction costs for the development of the planned unit development, as required by this ordinance and approved site plans and the cost of all streets, storm sewers, sanitary sewers, drainageway improvements, detention basins, water mains, buffers and other improvements as required for rights of way or public easements within the West Glen Town Center PUD, unless otherwise approved by the city council.
5. Internal Circulation: All streets and internal traffic flows, including parking lots, shall permit the travel of the fire department's largest vehicle's turning radius (the turning radius template may be obtained from the fire marshal). Unique design solutions to accommodate turning movements, such as rolled curbs, shall be allowed if, during the development application review, it is determined the standard design impairs pedestrian movement. Traffic islands in 58th Street and South Prairie View Drive shall be permitted subject to plat approval and the requirement that adjoining property owners or an owners' association maintain such islands and indemnify the city for maintenance liabilities. The traffic report completed for the West Glen Town Center PUD sets forth the criteria for traffic circulation, on street parking, and intersection controls throughout the project.
B. Special Conditions: Specific conditions relating to the development of the West Glen Town Center PUD relate to developing parcels H, K, J, and I as "town center" development parcels.
1. The West Glen Town Center specific plan map, exhibit C, on file with the city, incorporates a development of mixed residential, office and retail uses within a main street atmosphere. The intent of this specific plan shall be to permit the development of a mixed use planned community featuring a "neotraditional" town center plaza and neighboring mixed use buildings characteristic of traditional commercial centers with buildings sited on the street and a network of pedestrian pathways to encourage pedestrian commercial activity. Residential units are proposed on upper levels of commercial or office buildings and in stand alone multi-family buildings. Additional residential units shall be in adjoining neighborhood to the west that follows the same planning principles of buildings on the street and pedestrian oriented streetscape plans.
2. Prior to or in conjunction with site plan, plat, or permitted conditional use permit review of any development within parcels I, H, K, and J the developer shall amend the West Glen Town Center specific plan submitted to the city for details in addition to the following:
a. Development within these parcels shall be arranged as a mixed use main street development with several areas for pedestrian plazas, walkways and promenade.
b. Architecture shall be of a pedestrian scale with an eclectic mixture of materials, rooflines and windows.
c. These parcels shall include a significant amount of residential units within the development to ensure a live, work and play environment.
d. Street furniture as illustrated in exhibit D on file in the city and other place making elements shall be incorporated into the design of these parcels.
3. Construction of the Town Center Plaza and Promenade shall be initiated with development of either of the parcels H or K. Development may occur in multiple phases, but development of any phase shall include construction of the Town Center Plaza and Promenade.
C. Specific Conditions: Requirements relating to all parcels within the West Glen Town Center PUD.
1. Parking Requirements: All retail and office parcels must comply with a minimum requirement of one space per three hundred (300) of gross square feet per building. The specific juxtaposition of the properties will maximize the benefit of shared parking between properties because of their daily use and time of day characteristics. Developers of parcels must provide a cross access parking agreement. A less stringent parking calculation may be used provided the applicant can show a parking rate less than the above mentioned, due to shared parking of off peak uses, as determined by the community development director, during the review of a parcel's development application. On street parking may be provided on all internal private streets. All on street parking shall be illustrated on all development applications for all parcels. On street parking shall be prohibited on Prairie View Drive. On street parking may be counted toward the parking requirement.
2. Buffers And Screening: The "landscaped buffer area" requirements shall be as follows:
a. A sixty foot (60') "buffer park" shall be provided along the north side of Mills Civic Parkway except for parcels G and L which are allowed no more than a ten foot (10') buffer park encroachment if the layout of the site provided no other option and the development meets the intent of the "Town Center Overlay District Guidelines". A thirty foot (30') "buffer park" shall be located around the exterior perimeter of parcels A, B, C as illustrated on "specific plan map", exhibit C on file in the city. The sixty foot (60') buffer park along Mills Civic Parkway may include a twenty foot (20') public pathway easement, located adjacent to the public right of way for a mandatory public sidewalk. Landscape plantings within the buffer parks shall be in accordance with city code requirements for thirty foot (30') buffer parks.
b. Pond, lake, wetlands or other water features may be placed within the buffer park given that a water feature, such as a fountain and/or significant wetland plantings and edge treatments are provided. Dry detention areas are not allowed in buffer parks.
c. All parking areas shall be landscaped to screen their visibility from the public rights of way or from any adjoining property outside the West Glen Town Center PUD with the use of predominately evergreen plant materials and berming and shall be addressed at the time of review of the site plan for the development of the parcel.
d. Buffer screening between districts or parcels and uses shall not be required as set forth in section 9-3-10 of the city code, except as noted otherwise in this ordinance.
e. All equipment visible from and adjacent to public rights of way shall be screened as required in subsection 9-3-10J of the city code.
3. Open Space Requirements: All parcels within the West Glen Town Center shall provide usable open space, or activity spaces, through the creative design of plazas, green spaces, promenades and focal elements. Usable area shall provide ample opportunities for pedestrian interaction though activities areas, sidewalk cafes, and seating. All usable areas, buffer parks, promenades, the Town Center Plaza, storm water detention areas and other areas shall be "designated open space areas" set forth on the specific plan map. In lieu of percentage open space requirements applying to the West Glen Town Center PUD parcels, this ordinance shall require designated open space areas and open space within parking lots.
a. Including those areas noted as Town Center Plaza and Promenade on the specific plan, each building within parcels A, B, C, G, I, J, L, M and N shall include at least one plaza, courtyard, or patio space, to be located near the building's entry, which may consist of landscaping, seating, alternative paving, water features and outdoor art. The size of the outdoor space shall be proportional, as determined by the director of community development to the size of the building or residential units. If, during the review of the development application, it is determined that several buildings could share in the creation of a plaza space, a detailed agreement as to the responsibilities of the applicants must be submitted. At the review of the site plan, the applicant must demonstrate how the plaza designs meet the following intents:
(1) Creates spaces that allow for the day and evening interaction among pedestrians.
(2) Provides as many seating opportunities as possible through the placement of movable chairs, sidewalk cafes and planter walls.
(3) When possible, the integration of storm drainage and detention should be designed to enhance the public space, which would include the creation of ponds, waterfalls or landscaped waterways.
(4) Creates an outdoor room, by limiting the interaction with moving vehicles and partially surrounding the space by buildings, landscaping elements and architectural features.
(5) Provides elements that enrich the space. Elements shall include, but are not limited to, artwork, fountains, flowers, banners, and children's play environment.
b. As a condition of the first development application for any parcel within the West Glen Town Center, the installation of the open spaces identified on the specific plan as park and promenade shall be installed. In addition, at the time of the first development application, the developer shall establish a consistent grade and ground cover for all parcels along Mills Civic Parkway. The installation of the buffer park landscaping shall be required for only parcels C, G and L at the time of first development application in the West Glen Town Center. If, after two (2) years of the first development application, the remaining parcels (parcels F, N and M) are not constructed, the developer shall install buffer parks for those parcels. In order to provide a more uniform appearance to the buffer, the developer is then required to install trees of a caliper comparable to the existing planting established with the existing buffer parks.
c. As a condition of any development application, parcel A's buffer park, along Prairie View Drive shall be installed.
d. A gateway feature, or feature that signifies the entrance into a unique district, such as, but not limited to, a West Des Moines city sign, enhanced landscaping elements or other hardscape feature shall be located in parcel C along Mills Civic Parkway. Additional tenant signage is prohibited.
4. Street Furniture: On file in the city are representations of the street furniture that shall be installed throughout the West Glen Town Center development. Although slight deviations from the illustrations are permissible, the street furniture shall distinguish districts as well as primary and secondary vehicle and pedestrian travel ways.
5. Outdoor Patio: Establishments that have an outdoor patio that serves an alcoholic beverage are required to provide a barrier to public access which consists of a visual barrier from the private establishments to public spaces. The barrier specifications shall be determined at the review of the development application and may include, but is not limited to, fencing, landscaping and signage.
6. Parking Lot/Vehicle Use Area Landscaping: The intent of this section is to encourage extensive landscaping in parking lot areas which tend to have the greatest negative impact on developments and that will provide breaks in what could be viewed as a sea of asphalt parking. All parking areas shall be designed to create small, shared, aesthetically landscaped and screened parking lots that are designed to function not only in the interest of accommodating automobiles, but also in the interest of the pedestrian. The following standards are in addition to the required buffer park and plaza landscaping requirements:
a. For every ten (10) parking stalls, one tree and two (2) shrubs, to be located in the parking lot shall be required.
b. No parking space, within a single row of parking, shall be greater than six (6) stalls from a landscape island or pod.
c. Landscape islands shall be located at the terminus end of parking rows. Islands shall be at least ten feet (10') in width by thirty eight feet (38') in length for dual parking rows and ten feet (10') in width by nineteen feet (19') in length for single rows.
d. A landscape pod, located within the parking rows shall be at least six feet (6') from the back of curb to the back of curb.
e. Landscaped medians in Prairie View Drive shall be maintained by the developer and/or his successors.
f. Areas where parking lots or drive lanes are visible from the public street shall provide a significant level of screening through the use of any of the following:
(1) Earthen Berms:
(A) Three feet (3') or higher in conjunction with vegetation.
(2) Landscape Walls:
(A) Walls constructed for the retainment of soil which are greater than four feet (4') in height must be designed by an individual knowledgable and certified in structural engineering.
(B) Walls over four feet (4') shall have one and one-half feet (11/2') of horizontal terraces for every two feet (2') of exposed vertical wall face. Exceptions to this requirement may be granted by the director of community development for unusual situations and to preserve existing vegetation or landscape features.
(C) Walls may be brick, individual decorative modular wall stone, or natural stacked wall or fieldstone. Walls composed of landscape timbers or other wood products are not desired due to the deterioration potential of the material. Wood walls may be used, with approval by the community development director, in areas where views of the wall will be minimal.
(D) Vegetation shall be planted along all types of walls to soften the visual impact, visually break up long expanses of the wall and to visually anchor it to the site.
(3) Evergreen Materials: Vegetation screening of evergreen materials. (Ord. 1514, 3-31-2003)