Whereas, subsection 9-4-3A25, "PUD-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 (exhibit I on file with the city), 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 Silverwood PUD shall comply with the provisions of the West Des Moines zoning ordinance. For the purposes of section 9-9-5 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 Silverwood PUD within two (2) years after approval and publication of this ordinance, shall be considered to satisfy the terms and requirements of such 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 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.
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 Silverwood PUD, unless otherwise approved by the city council.
5. Storm Water Management: Storm water management plans will be required with the development of the Silverwood PUD. The developer shall have said storm water management plans prepared by a professional engineer licensed in the state of Iowa. All 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 Silverwood PUD.
The design of Silverwood's storm sewer routes water from city streets through private storm sewer and detention facilities: The city of West Des Moines shall assume no maintenance responsibility or liability of the private detention facilities, storm sewer pipes or structures on the Paradise Point property.
6. Utilities: The developer, its successors or assigns, if any, shall construct at its cost, and if for general public use, dedicate to the city all sanitary sewer mains, water mains, and storm sewers associated with the Silverwood development as required by the city of West Des Moines' subdivision ordinance in accordance with applicable city design standards. All necessary easements to allow city access to public utilities for maintenance and repair purposes shall be executed prior to approval and recordation of the final plat for each respective area or shall be executed as a blanket access agreement prior to the approval and recordation of the first final plat. Unless otherwise specified within a specific easement document, the city shall not be responsible for reimbursement, restoration and/or replacement of any improvements located within the public easements should the city be required to excavate the public utilities for normal city operations. No occupancy permits, either temporary or permanent, shall be issued until all necessary improvements applicable to the area/lot or structure requesting occupancy are installed and accepted by the city of West Des Moines. Nothing in this ordinance shall be construed to prevent the developer, its successors and/or assigns, if any, from entering into private agreement(s) as it/they may desire to share the cost of improvements.
The placement of public utility easements within buffer parks and landscape islands within parking areas is discouraged due to the potential conflict between trees and the need to access the lines for repair. Overstory and understory trees should be placed off utility lines a minimum distance equal to the one to one (1:1) excavation trench necessary for the deepest utility or thirty feet (30'), whichever is greater. Adequate access for maintenance vehicles shall be provided into and through the easement areas.
7. Streets: At time of subdivision platting within the Silverwood PUD, the subdivider shall be responsible for construction and/or installation of all required street improvements in accordance with the city's subdivision ordinance, the recommendations of the Silverwood traffic analysis, as indicated herein, and/or as indicated on the approved Silverwood PUD sketch proposal. With any subdivision plat within the Silverwood PUD, the subdivider shall be responsible for constructing and/or installing the streets necessary to support development within the subdivision 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. Public roads as indicated on the plats shall be constructed and accepted by the city council or the developer may petition the city council to provide surety in lieu of public improvement acceptance prior to approval and recordation of the first final plat. Dedication of one-half (1/2) of the ultimate road right of way for Mills Civic Parkway and S88th Street, including right of way necessary to accommodate turn lanes as indicated in the traffic analysis shall be provided upon request. Temporary right of way required during the construction/installation shall be provided as necessary.
8. Sanitary Sewer: Any proposed change in approved land use densities for the Silverwood 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.
9. 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.
10. All construction must abide by current adopted building and fire codes. (Ord. 1783, 10-8-2007; amd. Ord. 2517, 5-15-2022)