Whereas, title 9 of the city code includes chapter 9, PUD planned unit development district and 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:
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 (PUD):
A. General Conformance To Subdivision Ordinance: 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 ordinances and the most current design standards adopted by the city of West Des Moines pertaining thereto unless otherwise stated within this ordinance.
B. General Conformance To Zoning Ordinance: Unless otherwise specified herein, the development of the Aviva USA specific plan shall comply with title 9, "Zoning", of the city code or any other applicable codes.
C. 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 that has a lowest floor, including basements, less than one foot (1') above the determining level of the 100-year frequency flood event, and no building shall be located within twenty five feet (25') of any easement or property boundary of a major drainageway, stormwater detention basin, or pond, unless said location is approved as part of a development entitlement by the city council and said building is structurally designed accordingly.
D. Improvements: Unless otherwise specifically established in the Aviva USA-city of West Des Moines development agreement or otherwise approved by the city council, the developer, its 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 shall pay all costs related to approved site plans, which may include, but are not limited to, the cost of all streets, storm sewers, sanitary sewers, water mains and service lines, drainageway improvements, detention basins, buffers, and other improvements as required. 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.
E. Fire Access:
1. All access drives, internal drive aisles and parking lots shall permit the travel of the fire department's largest vehicle, including adequate accommodation of the vehicle's turning needs. Approval of unique design solutions to accommodate fire access may be granted by the city council if the solutions proposed are recommended by the West Des Moines fire department.
2. At the discretion of the city's fire marshal, "no parking fire lane" areas may be established as necessary to ensure efficient movement and access of the fire trucks. The developer shall be responsible for the procurement and erection of approved fire lane signage.
3. A minimum of fourteen feet (14') of vertical clearance over the travel portion shall be maintained at all times over all vehicle travelways.
4. The developer or its designee shall be responsible for enforcement of no parking lanes and maintaining adequate clearance of structures and vegetation along and above all vehicle travelways regardless if public or private.
5. Adequate fire accesses as determined by the city's fire marshal shall be provided at all times to those areas under construction.
F. Private Internal Roads: The design of the private internal roads and drives may include speed tables at pedestrian crossings to provide safe pedestrian connections from the parking lots to the building entrances. These speed tables shall be designed to fully accommodate emergency vehicle access through and around the site. All internal roads and drives shall also accommodate the turning radius needs of all fire apparatus and must be reviewed and approved by the fire department prior to installation. (Ord. 1810, 8-11-2008)