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:
A. General Conditions: In addition to the PUD sketch 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. 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 are applicable and shall be enforced.
2. 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 the applicant can demonstrate during the development review process that potential flooding from extraordinary flood events have been mitigated through site design or building design and approval is granted by the city council.
3. 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, in accordance with the city policies current at the time of development, as required by this ordinance, the subdivision ordinance, 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 as required within the PUD or by city codes.
4. Storm Water Management: A master storm water management plan will be required with the development of the Country Club Dental PUD. Specific storm water management plans will then be required for each parcel developed within the Country Club Dental PUD master storm water management plan. The developer will have said storm water management plans prepared by a professional engineer licensed in the state of Iowa. All specific storm water management plans shall comply with the city's current design standards for storm water management. The method of storm water management and the storm water conveyance system shall be determined prior to city approval of any development within any portion of the property within the PUD. At time of platting or development, ownership and responsibility for all storm water detention areas and private storm water detention outlet structures will need to be established.
5. Public Street Improvements And Right Of Way Dedication: At time of subdivision platting or site plan approval within the PUD, the applicant shall be responsible for construction and/or installation of all required public infrastructure improvements in accordance with the city's subdivision ordinance, as indicated herein, and/or as indicated on the approved PUD sketch proposal. With any subdivision plat or site plan within the PUD, the applicant shall be responsible for constructing and/or installing the public infrastructure necessary to support development in a manner that will assure that the public infrastructure functions at an acceptable level of service (per the city's comprehensive plan) and that complies with all city ordinances. The developer will be required to provide comprehensive plan right of way for 60th Street fee title to the city of West Des Moines at the time of platting or development.
6. Sanitary Sewer: Any proposed change in approved land use densities for the PUD will require an analysis of the downstream sanitary sewer capacity to assure that adequate capacity is available for the proposed change in approved land use densities.
7. Food Service Establishments: If zoning on all or portions of the land covered by this application would ever allow operation of food service establishments (FSEs) title 7, chapter 8, article F, "Industrial Waste", of the city code, limitations on fats, oils, and grease (FOG) requires that any building or facility if any, including food service establishments (FSE), likely to discharge FOG to the sanitary sewer must install an approved grease interceptor and to thereafter operate and maintain the grease interceptor as provided in the ordinance.
8. Street Lighting: The developer shall be responsible for all costs associated with the installation of public streetlights within or adjacent to any area proposed to be platted or included within a development.
9. Platted: Prior to, or in conjunction with development or transfer of ownership of any portion of the PUD, said area shall be platted in accordance with the city's subdivision ordinance to delineate within a plat the parcel to be developed or sold separately or any portion thereof.
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 by parcel on the sketch plan. The following development standards and use regulations shall apply to each of the individual parcels:
1. For All Parcels: All general use regulations, performance standards and provisions set forth in title 9, "Zoning", of the city code for the office district (OF) shall apply to any development proposal for the property as shown on the sketch plan except as shall be further provided herein and shall comply with all performance standards and provisions including, but not limited to, open space, landscaping, building setbacks, and other bulk regulations for the OF office district.
a. Platting: 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 utilizing a compatible planned open space, landscape plan, and parking plan to serve and maintain a unified master plan concept.
All lots shall be developed to meet all office (OF) zoning district standards for parking, open space, parking lot open space, setbacks, and all other development standards for the OF district unless otherwise stated hereafter. Cross access easements will be established to provide for the unrestricted use and access of the drives.
b. Uses: Allowed uses in each parcel shall be limited by the approved traffic study for the Country Club Dental PUD dated September 2006. Allowed uses within all parcels shall include all office uses within the OF office district except for the following uses which shall not be permitted in their entirety:
Child daycare services (SIC 835).
Depository institutions (SIC 60).
Eating and drinking places (SIC 58).
Educational services (SIC 82).
Massage therapy establishments and steam bath services (SIC 7299-02).
News dealers and newsstands (SIC 5994).
Nursing and personal care facilities (SIC 805).
Physical fitness facilities (SIC 7991).
Shoe repair and shoeshine parlors (SIC 725).
c. Setbacks: All lots shall be developed to meet all office (OF) bulk regulations and standards with the following conditions:
The setback is zero if it abuts a similar district.
d. Building Height: All buildings shall be one story with a maximum height of twenty four feet (24').
C. Legal Conforming Use: Any existing single-family detached residential dwelling within the planned unit development (PUD) (subject to the general use regulations, performance standards and provisions set forth in the city code pertaining to residential single-family - 10 (RS-10) district), shall be a permitted conforming use. Conforming use (as set forth in this planned unit development (PUD) and the city code) shall be as defined by the city code. The single-family use may continue in existence with the ability to rebuild and expand within the regulations of the residential single-family (RS-10) zoning district. However, if the single-family home is converted for the sole purpose of an office use for any period of time or if the single-family residence is vacant for a period longer than one year, the legal conforming status will be voided and the property can only be occupied by the uses allowed within the PUD.
D. Architecture: Architecture for any development shall be acceptable to the city and shall be residential in appearance and be and accomplished in a manner compatible with the adjoining residential uses in the neighborhood. Architectural design for office buildings 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 lessen the plainness of appearance which can be characteristic of office and commercial buildings. Generally, franchise style architecture, including trademark building colors and lighting, shall be prohibited.
Brick and stone shall be the primary element on all sides of any buildings. The use of EFIS, Dryvit, precast materials, vinyl or metal siding or paneling, shall be prohibited except as accent or trim material that constitutes less than ten percent (10%) of the building surface area. A significant quantity of window openings shall be incorporated into the buildings' surfaces that face the public street rights of way. All roofs shall be pitched and surfaced with shingles or standing seam metal roofing material. Glass on the east side of the buildings shall be one-way type glass and light filtering/blocking from inside to outside.
All uninterruptible power supply, generators, heating, ventilation, and air conditioning mechanical units and facilities shall be screened with shrubs at least as high as the units themselves. No rooftop units can be used. All walls of any building within the property shall be compatible in design and use of materials. Any storage or loading area and loading docks shall be sufficiently buffered from adjoining properties, public streets and general public view.
E. Trash Enclosures: Trash enclosures shall be built with material that will match the building architecture. Trash containers themselves will have nonmetal lids.
F. Buffering: All development within the Country Club Dental PUD shall comply with the buffering provisions of the buffer ordinance of the city code. In situations where this PUD specifies the provision of a buffer park, the buffer may be included within the setback. With the phasing of this development the following buffering requirements will be required at the following stages:
1. Phase 1 (Construction Of 2 Office Buildings At 1025 And 1035 60th Street):
a. Screening shall be required between the phase 1 development and the existing single-family house at 1045 60th Street until such time phase 2 is developed. Opaque screening shall be obtained through a thirty foot (30') buffer park planted to the specifications required by city code and a privacy fence. The fence shall be six feet (6') in height at the side yard of the residential property. The fence shall be tapered to four feet (4') in height at a distance no closer than thirty feet (30') from the right of way line of 60th Street. No fence may be constructed in the vision triangle of the driveway for phase 1 development. The width of the buffer park as well as the amount of landscaping may be reduced to a lesser standard if agreed to in writing by the owner of the single-family house at 1045 60th Street.
b. A thirty foot (30') landscape buffer is also required along the east line of the PUD as well as the following fencing requirement.
c. The owners of any parcel in the Country Club Dental PUD shall build a fence (see specifications below) to replace the existing fences in disrepair on the properties locally known as 5816 Orchard Drive, 1024 59th Street, 1028 59th Street and legally described as follows:
Lots 4, 5, and 6, Barrington Estates Plat 2, an official plat, West Des Moines, Polk County Iowa.
The developer may build a fence on the adjacent owners' land subject to the owners of the properties agreeing to provide a written easement for both construction and maintenance. The fence will be six feet (6') in height with continuous pickets placed on both sides as needed and installed at the time of occupancy of the first building in the PUD. A gate shall be provided into lot 6 if requested by said owner. Ongoing repair and replacement of the fence will be responsibility of the current office owner and/or developer.
2. Phase 2 (Construction Of An Office Building At 1045 60th Street):
a. Screening shall be required between the phase 2 development and the existing single-family house at 1055 60th Street at such time phase 2 is developed. Opaque screening shall be obtained through a thirty foot (30') buffer park planted to the specifications required by city code and a privacy fence. The fence shall be six feet (6') in height at the side yard of the residential property. The fence shall be tapered to four feet (4') in height at a distance no closer than thirty feet (30') from the right of way line of 60th Street. No fence may be constructed in the vision triangle of any driveway.
b. A thirty foot (30') landscape buffer shall be required along the east line of the PUD.
3. Landscaping: The landscape design shall fulfill the intent of the required buffer parks to create opaque screening within twenty four (24) months between the proposed use and existing adjacent single-family. Elements to obtaining said screening may include, but not limited to, berming, coniferous overstory trees, and fencing. Strong effort shall be made to retain existing healthy and mature trees currently within the buffer park. The buffer park landscape plan shall be reviewed at time of site plan approval. These evergreen trees will be planted with the initial height aboveground at a minimum of six feet (6'). Installation screening elements shall occur before any occupancy permit is issued. Additional screening consideration shall be provided in the southeast corner of the PUD. Maintenance and replacement of dead landscaping in the buffer park will be the ongoing responsibility of the office owner/developer.
G. Lighting: Parking lot fixtures will be a maximum twenty four foot (24') height and/or not to exceed the height of the building. Parking lot lights to be turned off no later than ten o'clock (10:00) P.M. All light fixtures shall be of a cutoff type to eliminate glare and spillover lighting beyond the property line. No wall pack lights are allowed. A photometric plan must be submitted during site plan review. (Ord. 1744, 4-9-2007)