Whereas, Title 9 of the West Des Moines 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:
The following general development criteria shall be integrated into and made a part of this PUD Ordinance:
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 South Branch Business Park PUD shall comply with Title 9, Zoning, or any other applicable codes. Any aspect not specifically addressed within this PUD shall be governed by City Code.
C. Flood Hazard: In all areas within a Base Flood (100 Year), or adjoining drainage ways, and detention ponding areas involving potential flood hazards, all buildings proposed to be located in a flood hazard area must be elevated and designed in accordance with the American Society of Civil Engineers publication ASCE 24 and no building shall be erected which has a minimum opening elevation (including top of window well) less than one foot (1') above the determined level of the Base Flood. In areas where historical high water levels are above the Flood Insurance Rate Map (FIRM) Base Flood Elevation or special conditions exist, the City may require a Design Flood Elevation be calculated and used as the Base Flood Elevation for determination of elevation requirements. 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 said location is approved as part of the development entitlement by the city council and said building is structurally designed accordingly.
D. Developer Responsibilities: Unless otherwise specifically 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 is not limited to the cost of all streets, storm sewers, sanitary sewers (excluding fee district sewers), water mains and service lines, drainage-way improvements, detention basins, buffers, and other improvements as determined necessary. 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. Dry sanitary sewer and on-site sanitary installation will be required in the event that public sanitary service is not available at the time of development.
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, including public infrastructure by the City of West Des Moines.
1. SE Army Post Road: If this roadway will be a public roadway, the developer will be responsible for one and a half (1 ½) lanes of paving and all appurtenances for SE Army Post Road reconstructed to a urban cross section, including the cul-de-sac, from the end of the cul-de-sac to SE 42nd Street. Since a half of lane cannot be constructed, if the property owner on the opposite side of the roadway is unwilling to participate at time of construction, the applicant will need to construct two (2) full lanes. If the roadway is private, the developer will be responsible for improving to accommodate anticipated construction traffic and to city standards necessary to accommodate emergency response vehicles.
2. Traffic Signal at SE Army Post Road and SE 42nd Street: The developer will be responsible for twenty-five (25) percent of the cost of installation of a fully functioning traffic signal at the intersection of SE Army Post Road and SE 42nd Street when deemed warranted. An agreement by the developer at either the first site plan or final plat, whichever comes first, will be required to provide for the payment of the signal.
Improvements and modifications to adjoining public roads as identified within the traffic study shall be implemented 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 or the first site plan, whichever occurs first. Dedication of permanent right-of-way to accommodate public road improvements shall be provided as necessary upon request. Temporary right-of-way required during the construction/installation shall be provided as necessary.
E. Public Utilities and Easements: The placement of public utility easements within landscape buffers and 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 1:1 excavation trench necessary for the deepest utility. The placement of utility lines within buffers or parking lot islands is not justification to negate the provision of landscape vegetation as required by this ordinance or city code. Adequate access for maintenance vehicles shall be provided into and through the easement areas.
All necessary easements to allow City access to public utilities for maintenance and repair purposes shall be executed prior to the approval and recordation of the first final plat for all known utility locations and prior to approval of a site plan for all subsequent utilities within each PUD parcel. 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.
F. Shared Parking Agreement: To accommodate a wider range of uses and avoid potential issues with insufficient parking within parcels or development sites, the developer should consider establishing a shared parking agreement between parcels or development sites as part of the first site plan or first final plat.
G. Access: Each site or lot is required to provide two points of access to the satisfaction of the City. Accesses may be available through a direct connection to an external roadway or an internal road network of drives or frontage roads that connects to the external roadway. Access will be evaluated with each site plan.
H. Fire Access: All 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.
1. All access drives and drive aisles shall maintain a minimum of twenty feet (20') of clear pavement.
2. A minimum of fourteen feet (14') of vertical clearance over the travel portion shall be maintained at all times over all vehicle travel ways.
3. 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 travel ways regardless if public or private.
4. Adequate fire accesses as determined by the City’s Fire Marshall shall be provided at all times to those areas under construction.
5. At the discretion of the City’s Fire Marshall, “No Parking Fire Lane” areas may be established as necessary to ensure efficient movement and access of the fire trucks. The developer of each site plan within the development shall be responsible for the procurement and erection of approved fire lane signage.
I. Public Streetlights: The developer shall enter into an agreement with MidAmerican Energy for the installation of public streetlights along all public streets within and abutting the South Branch Business Park area in conjunction with the approval of the final plat or first site plan, whichever occurs first.
J. Storm Water Management: A signed Storm Water Management Facility Maintenance Agreement, along with required certifications and as-built drawings of the detention facilities, shall be submitted by the developer of each parcel prior to the issuance of a final occupancy permit for a building utilizing the storm water detention facility.
K. Definitions: For the purpose of this ordinance, the following definitions shall apply:
1. Outdoor Storage: Any item, material, equipment, or vehicle that remains on the property for twenty-four (24) or more consecutive hours. It shall not be enough to move the outdoor storage within the site or briefly remove from the site in order to circumvent the twenty-four (24) hour timeframes.
2. Outdoor Display: An arrangement of objects, items, products or other materials, typically not in a fixed position and capable of rearrangement, designed and used for the purpose of advertising or identifying a business, product or service.
3. Fleet Vehicle: Motor vehicle(s) operated by an on-premise business that is generally used on a daily basis (leaves the property) and not intended for long-haul transportation. Typical examples are vehicles operated by public utilities, service companies, public safety departments and delivery or fulfilment companies. Tractor/trailers, construction equipment, trailers and non-vehicular/non-motorized items used in the normal operations of a business would not be considered fleet vehicles for the purposes of allowing parking in a front yard, but instead shall be parked in rear and side yards, if allowed within the respective PUD parcel. (Ord. 2471, 5-17-2021)