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. In addition, 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:
B. The Village on Jordan Creek shall be limited to a mixed-use development located in Parcel A, a maximum of 5 acres of Medium Density Residential RM-12 zoning located in Parcel B, one acre of Medium Density Residential zoning consisting of an existing single family detached dwelling and future detached accessory buildings in Parcel E, and office zoning for the land area of Parcel C. Parcel D was removed from the original PUD.
C. General Conformance to Subdivision Ordinance: All subdivisions, public and private streets and 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.
D. General Conformance to Zoning Ordinance: Unless otherwise specified herein, the development of the Village on Jordan Creek PUD shall comply with the provisions of the Title 9, “Zoning”, of the city code or any other applicable codes.
E. Flood Hazard: In all areas within a 100-year frequency flood hazard zone, or adjoining drainage ways, and detention ponding areas involving potential flood hazards, no building shall be erected that has a lowest floor, including basements, less that 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 drainage way, storm water 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.
F. Developer Responsibilities: Unless otherwise agreed upon by the city, 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, drainage way improvements, detention basins, water mains, buffers and other improvements as required for rights-of-way or public easements within the Village on Jordan Creek PUD, unless otherwise approved by the City Council.
The obligations of the developer identified herein shall not preclude the developer from entering into private agreements for shared construction responsibilities and/or financing with property owners/developers of ground on adjacent properties and or benefiting from the improvements.
G. Public Street Improvements and Right-Of-Way Dedication: Unless otherwise agreed upon by the city, at time of subdivision platting of ground within the PUD or in conjunction with site development, whichever occurs first, the subdivider/developer shall be responsible for construction and/or installation of all required public and private infrastructure improvements necessary to support development in a manner that will assure that the infrastructure functions at an acceptable level of service and in accordance with all city ordinances.
1. 76th Street Extension: The extension of 76th Street to Ashworth Road will be required for the development of the Village on Jordan Creek PUD. The extension of 76th Street from the existing south terminus of 76th Street to Ashworth Road shall be completed prior to any occupancy, including temporary occupancy, of any portion of the multi-use development in Parcel A or any development of Parcel B and/or C.
2. Traffic Signal: The pro rata share of cost of future traffic signal at 76th and Ashworth Road shall be the responsibility of the development pursuant to the assessment policy of the city.
3. East West Connection: The east west connector street from 76th Street to Jordan Creek Parkway will be required at the time of development of Parcel A and shall be completed prior to any occupancy, including temporary occupancy of the mixed-use development on Parcel A.
H. Construction Traffic: All construction traffic shall access the site from either Jordan Creek Parkway or Ashworth Road. No construction traffic shall access the development area from Aspen Drive and 76th Street from the south.
I. Sanitary Sewer: Any proposed change in approved land use densities (office or residential) 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.
J. 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 acceptable to and recommended for approval 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 of all vehicle travel ways shall be maintained at all times.
4. The property owner 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.
5. Adequate fire accesses as determined by the City’s Fire Marshal shall be provided at all times to those areas under construction.
K. Street Lighting: Unless otherwise agreed upon by the City Council, 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 developed.
L. Mailboxes: The Developer shall be responsible for installation of any required Cluster Box Units (CBUs) as per the local U.S. Postal Service Post Office. (Ord. 2445, 10-19-2020; amd. Ord. 2476, 6-21-2021)