Whereas, Section 6, Ordinance 497 amended Ordinance 430 by creating Article XX(a), PUD District, establishes certain regulations and guidelines pertaining to accompanying information required on final site plan or final plat documents. Now, therefore, the following conditions, restrictions, and regulations are adopted as part of this approval, to wit: (Ord. 837, 10-10-1987)
A. General Conditions: The sketch plan incorporates a maximum of three hundred twenty five (325) residential dwelling units and a maximum of six (6) acres of land reserved for commercial development which shall be distributed by use, building types and location according to the sketch plan as presented. (Ord. 872, 3-20-1989)
In addition, the following general site plan criteria shall be integrated into and made a part of the planned unit development and sketch plan document:
1. All subdivisions, streets, street rights-of-way and general development shall adhere to the standards and design criteria set forth in the West Des Moines Subdivision Ordinance pertaining thereto unless otherwise stated within this Ordinance.
2. The development shall comply with Article XXII (Off-Street Parking and Loading Areas), Article XXIII (Open Space Requirements), article XXV (site plans) of the West Des Moines zoning ordinance and article XX(a) (PUD) sections 6 and 8. Site plan review by the planning and zoning commission and approval by the city council shall be required for parcels B and C prior to issuance of building permits. No final building or site plan review by the planning and zoning commission and city council shall be required for individual single-family detached lots.
3. In all areas adjoining drainageways or detention areas involving potential flood hazards, no structure shall be erected which has a lowest floor, including basements, less than one foot (1') above the determined level of the 100-year return frequency rainfall flood event.
4. The petitioners seeking this rezoning, 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, public sidewalks, storm sewers, parking lots, sanitary sewers, drainageway improvements, detention basins, city owned utilities, buffers and other improvements within the PUD as may be required by the subdivision and zoning ordinances; except the city's share of construction cost of E.P. True Parkway which shall be the city's responsibility in excess of the developer's cost as shall be determined by mutual agreement between the city and the developer, or that cost which cannot be legally assessed to the developer.
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 development areas designated on the sketch plan. The sketch plan document which is made a part of this rezoning action per section 012-02 of this ordinance, delineates three (3) parcels of the PUD as parcels A, B and C, for application of specific development standards of residential and commercial use and density regulations. The following development standards and use regulations shall apply to each of the three (3) development parcels: (Ord. 837, 10-10-1987)
1. Parcel A: This parcel shall encompass a maximum of eighty five (85) single-family detached homes which shall be located on individual lots with a minimum average fifty five foot (55') and a minimum fifty foot (50') public street frontage and a minimum of six thousand two hundred fifty (6,250) square feet in lot area. No residential unit shall be set closer than twenty five feet (25') from any internal public street right of way, sixty feet (60') from the right of way of Fiftieth Street, and shall have a maximum thirty five foot (35') rear yard and five foot (5') side yard setbacks. Driveway access to South Fiftieth Street shall be prohibited. (Ord. 872, 3-20-1989)
2. Parcel B: This parcel shall encompass a maximum of two hundred forty (240) dwelling units which shall be developed with residential buildings of a size, design, height and dwelling unit type (i.e., number of dwelling units per building, style and use of materials, number of stories, and garden style apartments or condominiums versus single-family attached townhouse style construction, etc.) as shall be determined with a master plan review by the city for the entire parcel which shall be approved by the planning and zoning commission and city council.
a. The parcel shall be developed as a single master plan project with each building compatible in design and use of materials. Architecture and use of materials for the construction of any building within parcel B shall be acceptable to the city and accomplished in a manner compatible with adjoining residential uses and neighborhood. A master plan for development of the entire parcel shall be submitted and approved by the planning and zoning commission and city council prior to site plan or plat approval for any portion of the parcel.
b. No dwelling unit shall be located closer than fifty feet (50') to E.P. True Parkway and Fiftieth Street, twenty five feet (25') from any interior private roadway and right of way of any interior public street, twenty five feet (25') from the east boundary of the parcel and sixty feet (60') from the south boundary of the parcel. All accessory structures shall meet minimum setback requirements as set forth by section 6, article VI of ordinance 430, provided garages may be located within thirty feet (30') of E.P. True Parkway and Fiftieth Street. Off street parking lots shall have a minimum fifteen foot (15') setback from public street rights of way and sufficiently buffered, as practical, from public street view, parcel A, and the property to the east of the parcel with the use of landscaping and/or wall structures as may be required by the city. (Ord. 837, 10-10-1987)
3. Parcel C: All general use regulations, performance standards and provisions set forth in article XIII of ordinance 430 for the NC neighborhood commercial district shall apply to any development proposal for the property within parcel C as shown on the sketch plan except as shall be further provided herein. This area shall involve a maximum of six (6.0) acres.
a. Multiple use of the site by more than one building shall be permitted only if said buildings are consistent in architectural design and use of materials and organized and sited in close physical proximity, utilizing a centrally planned open space, landscape plan, and parking plan to serve and maintain a unified master plan concept. All uses specifically permitted within the NC neighborhood commercial district shall be allowed with the exception that only one bank and one sit down style restaurant with lounge limited to a maximum of three thousand (3,000) gross square feet of floor area shall be permitted together with an outside seating area and patio area in conjunction therewith. The sit down restaurant and lounge outside seating area shall be effectively screened from adjacent properties with noise levels not to exceed sixty five (65) CNEL beyond the property line in any direction. Said outside seating and patio area shall be limited to a maximum three thousand five hundred (3,500) square feet in area and include a single outside grill a maximum sixty inches (60") in size for limited cooking purposes located within a detached building (gazebo) not to exceed one thousand two hundred (1,200) square feet in size. In addition, one or more quick serve (i.e., fast food) restaurants shall be permitted and one or more coffeehouses shall be permitted provided that all such quick serve restaurants and coffeehouses combined shall collectively not exceed six thousand (6,000) square feet and, further provided that no drive-through shall be permitted in connection with a quick serve restaurant and one drive-through shall be permitted in connection with a coffeehouse. One hardware store shall be permitted provided said hardware store is located within the existing building identified as "Sub-Parcel 2" on exhibit A on file in the city. Storage of all materials must be within an enclosure and screened from view. All outdoor storage and display which is not otherwise in an enclosure is prohibited except as may be associated with an approved temporary permit. A maximum of two (2) drive-through uses shall be permitted that are in association with a bank and with either a coffeehouse or dry cleaner, provided such uses can be demonstrated to not negatively impact traffic and can be designed to not negatively impact aesthetic view of the area. In addition to there only being two (2) total drive- throughs allowed on site, only one of any type of use identified as eligible for a drive-through shall be allowed to have one; provided, however, the bank may have multiple drive- through lanes in association with its use and the drive- through in connection therewith.
Lot area, lot frontage and yard requirements shall comply with standards of the NC district, provided the front yard depth shall be a minimum of fifty feet (50') and the setback from parcel P shall be a minimum of twenty feet (20') and sufficient measures shall be taken to provide buffering of negative aspects of the rear of commercial buildings and storage areas from public view including the Jordan Creek greenbelt, public streets and any adjoining sites.
b. Architecture and use of materials for the construction of any building within parcel C shall be accomplished in a manner compatible with the residential uses within the PUD and neighborhood. The architectural design shall be acceptable to the city, residential in character, use of material shall be wood and/or brick exterior veneer, and the roof shall be principally of a gable, mansard or hip style design. Off street parking lots shall be sufficiently set back a minimum of fifteen feet (15') from public street rights of way and buffered from public street view, the Jordan Creek greenbelt and as practical from adjoining sites with the use of landscaping, earth berming and/or wall structures as may be required by the city.
c. A maximum of three (3) ground signs, which may be monument or landscape signs, may be used, provided they are spaced a minimum of one hundred fifty feet (150') apart and are located at one or more entrances to the development as described below. The maximum height for the sign located at the western entrance off E.P. True Parkway designated as entrance "B" on exhibit A on file in the city shall be five feet (5') and the maximum sign panel on such sign shall be 62.5 square feet (excluding architectural elements such as brick columns or 100 gross square feet including such architectural element). The maximum height for the signs located at the entrance on 50th Street designated as entrance "A" on exhibit A on file in the city and at the eastern entrance off E.P. True Parkway designated as entrance "C" on exhibit A on file in the city shall be four feet (4') and the maximum sign panel for these signs shall be fifty feet (50') (excluding architectural elements such as brick columns or 80 gross square feet including such architectural element). The sign at the entrance designated as entrance "A" on 50th Street shall be set back a minimum of sixteen feet (16') from the right of way line which existed when the complex was developed. The sign at the western entrance on E.P. True Parkway designated as entrance "B" shall be set back a minimum of twenty five feet (25') from the right of way line which existed when the complex was developed. The sign at the eastern entrance on E.P. True Parkway designated as entrance "C" shall be set back a minimum of 8.5 feet from the right of way line which existed when the complex was developed. All signs must obtain necessary sign permits and approvals.
Noninternally illuminated signage, medallions, keystones, banners, pavement markings, architectural features, etc., that display the development's logo, initials, or name may be integrated into the development to further enhance the character of the development. These identifiers and any structure or architectural feature upon which they are placed will not count toward or as signage.
d. A traffic study has been completed and approved by the city for parcel C for the purpose of determining traffic impacts and required improvements that would be necessary for the safe and orderly movement of vehicles into and around the proposed development. The development or redevelopment of each parcel within the PUD boundaries shall abide by and accommodate the recommendations of the approved traffic study. The developer, his successors or assigns shall be responsible for their pro rata share of public road improvements deemed necessary to accommodate the intended development, as well as the dedication of all necessary street right of way to accommodate such improvement. Prior to, or in conjunction with the development or redevelopment of any parcel, or portion of a parcel, the developer shall have the traffic report reviewed by the city to ensure that the provisions and assumptions of the original traffic report are still valid and applicable.
Per the traffic analysis completed by the city (Wellington Square traffic study, 2007), parcel C has been allocated four hundred seventy five (475) P.M. peak vehicle trips. Implementation of desired land uses, including specific high traffic generating tenants, will be limited by the available number of trips. Prior to, or in conjunction with the development of any parcel, or portion of a parcel, the developer shall have the traffic report reviewed by the city to ensure that the provisions and assumptions of the original traffic report are still valid and applicable. The future developer will be required to comply with the requirements outlined in the traffic impact study prepared for this site. As development proposals are approved the number of vehicle trips generated by the proposed development will be subtracted from the overall total trips allocated to the development. Approval of this proposed PUD does not constitute a guarantee that the proposed plan can be implemented. Any fitness facility, daycare, drinking place, or video rental facility will require a traffic compliancy letter before a tenant remodel permit may be approved. (Ord. 1857, 2-8-2010)