Whereas, title 9 of the 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 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 flood proofed 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, streetlights, 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 elsewhere in this ordinance, delineates two (2) parcels within the PUD, each denoted with a specific parcel label, 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 said parcel, as applicable.
1. Parcels A And B: All general use regulations and provisions set forth in title 9, "Zoning", of the city code for the support commercial district (SC) shall apply to any development proposal for all property within parcels A and B as shown on the sketch plan of the PUD, unless noted otherwise in this ordinance.
Allowed uses shall include all permitted (P) uses and permitted conditional uses (Pc) allowed within the support commercial district except travel trailer parks, landscape-garden plant stores. Any use which has outside display areas for retail sales will be considered a permitted conditional use and must indicate on the proposed site plan the location, size, proposed operation, and any other information necessary for the review of the plan. A limit of one use with drive-through will be allowed each for parcel A and parcel B, not to exceed two (2) for the PUD. A limit of one depository institution will be allowed.
a. Uses: Other uses permitted (P) in parcels A and B:
Apparel and accessory store (56).
Bookstore (5942).
Candy, nut, and confectionery stores (544).
Cellular telephone sales (5999) (no towers, antennas, or satellite dishes).
Dairy store (5451).
Dance studios, schools, and halls (791).
Florist (5992).
Furniture stores (5712).
Garment making, alteration, and repair (7219.01).
Gift, novelty and souvenir shops (5947).
Hobby, toy and game shop (5945).
Household appliance stores (5722).
Jewelry stores (5944).
Luggage and leather goods (5948).
Meat and fish market (542).
Musical instrument stores (5736).
Radio, television, and consumer electronics stores (5731).
Record and prerecorded tape stores (5735).
Sporting goods stores and bicycle shops (5941).
Stationery stores (5943).
Used merchandise stores – antique shops (5932.02).
b. Permitted Conditional Uses: Other permitted conditional (Pc) uses in parcels A and B:
Coin operated laundries and dry cleaning (7215).
Motion picture theaters (7832).
c. Prohibited Uses: The following support commercial district uses shall not be permitted within the PUD, except under noted restrictions:
Auto repair shops (exception: 1 allowed with additional screening, increased lighting requirements, and increased architectural standards).
Auto supply stores (exception: 1 allowed with additional screening, increased lighting requirements, and increased architectural standards).
Gasoline service station - with repair.
Gasoline service station - without repair (exception: 1 will be allowed with possible additional screening, increased lighting requirements, and increased architectural standards).
Grocery stores (except 1 convenience store).
New and used automobile dealers.
2. Unified Master Plan: Parcels within this PUD shall have a minimum lot size of one acre. A unified master plan shall be developed which illustrates the relationships between parking, buildings, circulation, landscaping, and open space. Multiple use of the parcels by more than one building shall comply with minimum lot area standards, be consistent in architectural design and use of materials and organized to serve and maintain a unified master plan concept.
3. Setbacks: All building heights and setbacks within parcels A and B shall be in accordance with the setback and bulk density regulations of the West Des Moines zoning ordinance for the support commercial district (SC) unless otherwise herein modified. The front yard setback along 74th Street shall be fifty feet (50'). The front yard setback along Office Plaza Drive shall be fifty feet (50'). The side yard building setback between parcels of a similar zoning district shall be ten feet (10'); otherwise the side yard setback will comply with the support commercial standard. No side yard parking lot setback is required between lots that have parking lot interconnections and between parcels A and B, which share a common access drive. All yards abutting a public thoroughfare shall be considered front yards and shall comply with the requirements for a front yard, except as modified herein.
4. Land Use Density And Traffic Study Reports: Parcels in the PUD together have a certain density of development under strict application of the support commercial zoning district setback and bulk density regulations (no change to zoning ordinance such as is contemplated through this PUD). Increases in building unit density may not be increased through a PUD ordinance. Further, that density of land use generates a planned for amount of vehicular traffic. Any potential change in land use density contemplated for parcels in the PUD together must be explored through a traffic study for potential impacts to the traffic circulation system.
The parcels within the PUD could be developed as proposed, under strict application of the support commercial zoning district setback and bulk density regulations (no changes to zoning regulations), up to the following levels (trip generation rates where obtained from the Institute of Transportation Engineers (ITE), trip generation, 6th edition):
TABLE 1
ITE Code | Land Use | Units | Building | Daily Trips | P.M. Peak (Vehicle/Hour) | ||
Total | Enter | Exit | |||||
814 | Specialty retail | Square feet | 9,750 | 397 | 25 | 11 | 14 |
832 | Fast food restaurant | Square feet | 4,871 | 2,416 | 163 | 85 | 78 |
837/840 | Quick lube/auto care center | Service bays | 4 | 160 | 21 | 11 | 10 |
912 | Drive-in bank | Square feet | 4,750 | 1,260 | 260 | 127 | 133 |
Total | 4,233 | 469 | 234 | 235 | |||
To allow for more flexibility, yet maintain the level of development which could occur under a strict application of the zoning regulations, alternate land uses which are allowed in support commercial zoning districts were explored for their trip generation potential:
TABLE 2
ITE Code | Land Use | Units | Building | Daily Trips | P.M. Peak (Vehicle/Hour) | ||
Total | Enter | Exit | |||||
814 | Specialty retail | Square feet | 19,000 | 772 | 49 | 21 | 28 |
832 | Fast food restaurant | Square feet | 4,871 | 2,416 | 163 | 85 | 78 |
912 | Drive-in bank | Square feet | 6,000 | 1,591 | 328 | 161 | 167 |
Total | 4,779 | 540 | 267 | 273 | |||
All uses proposed for development under this PUD together must demonstrate that the proposed development falls at or below the traffic levels identified in table 2 of this section.
5. Common Access Drives: In order to maintain safe and efficient traffic flow, parcels A and B shall share one common access drive off of Office Plaza Drive. The location of this drive is established by prior agreement and will not be changed. An access drive has been established on 74th Street for the PUD. A joint ingress/egress easement will be required to allow cross access between parcels within the PUD for use of the two (2) common access drives. No additional drives off of Office Plaza Drive or 74th Street shall be permitted for parcels A and B. (Ord. 1543, 9-2-2003)