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: 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 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.
2. General Conformance to Zoning Ordinance: Unless otherwise specified herein, the development of the Village at Sugar Creek PUD shall comply with title 9, "Zoning", of the city code or any other applicable codes. To the extent that the provisions of this ordinance conflict with or are more restrictive than provisions provided elsewhere in the West Des Moines zoning ordinance, the provisions of this ordinance shall control.
3. Developer Responsibility: 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 (public and private), storm sewers, sanitary sewers, water mains and service lines, drainage-way improvements, detention basins, and other improvements as required. Unless otherwise provided for in a separate development agreement, at the time of subdivision platting within the PUD, the subdivider 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 Village at Sugar Creek PUD Sketch Plan Map. With any subdivision plat within the PUD, the subdivider shall be responsible for constructing and/or installing the public infrastructure 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 City policies) and complies with the West Des Moines Subdivision Ordinance and the Des Moines Metropolitan Design Standards, as adopted by the City of West Des Moines, unless modified otherwise in this Ordinance. 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 public improvements 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.
4. 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.
5. Sanitary Sewer: The commercial and multi-family land uses proposed within this PUD are anticipated to generate more waste than the previously intended business park land use. The existing sanitary infrastructure within this area may not have sufficient capacity for the PUD proposed land uses. The developer shall be responsible for infrastructure improvements necessary to account for additional capacity generated by the land uses. Any further change in approved land uses and/or densities for the PUD will require a re-analysis of the sanitary sewer to assure that adequate capacity is available for the proposed change(s).
6. Street Lighting: Unless otherwise provided for in a separate development agreement, the Developer shall be responsible for all costs associated with the installation of public and private street lights within or adjacent to any area included within the development.
7. 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.
8. The Village at Sugar Creek development shall incorporate an internal trail and sidewalk system connecting residential areas to Des Moines University, the commercial village, open natural areas and recreation amenities and to the City-wide trails and sidewalk system.
9. Interior site lighting should be located, designed and directed in such a way as to mitigate impact on adjacent uses.
a. Parking lot fixtures in proximity to residential dwellings on another property (as measured from the dwelling itself), including properties outside of the PUD area shall abide by the following:
(1) Fixtures greater than 150 feet away shall not exceed twenty-eight feet (28') in height as measured from the ground to the top of the light structure.
(2) Fixtures greater than 100 feet but less than 150 feet away shall not exceed twenty-two feet (22') in height as measured from the ground to the top of the light structure.
(3) Fixtures less than 100 feet away shall not exceed sixteen feet (16') in height.
b. The footcandle level at property lines not adjacent to a roadway shall be less than one.
c. All fixtures are to be downcast, cut-off variety to direct lighting to parking areas and pedestrian pathways and eliminate glare to neighboring properties. Bulbs shall not be exposed or extend down past the fixture. Care should be taken to ensure that adjoining properties are not looking up and into the bulbs of light fixtures. In addition to cut-off fixtures, particular attention shall be given to eliminate hot spots and light glare. To achieve this, additional measures may include, but are not limited to, lowering parking lot light levels after business hours, turning off lights not necessary for security purposes, and use of landscaping for light screening/blockage.
d. No wall packs or floodlighting are allowed, except that sconces or decorative lighting shall be permitted.
e. As a part of the review of each site plan, a photometric plan must be submitted. During the review, the applicant must demonstrate how lighting will not adversely affect adjoining properties.
f. Fixtures located 150 feet or less from a residential dwelling on another property, including properties outside of the PUD area shall be turned off no later than 30 minutes after the closing of the last business, except those lights necessary for security purposes. (Ord. 2494, 11-1-2021)