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 City Code: Unless otherwise specified herein, the development of the Ashworth 88 PUD shall comply with city code, including, but not limited to title 9: Zoning, title 10: Subdivision Regulations and Des Moines Metropolitan Design Standards or the more current design standards as adopted by the city. To the extent that the provisions of this ordinance conflict with or are more restrictive than provisions provided elsewhere in city code, the provisions of this ordinance shall control.
2. 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 execution of the planned unit development as provided and required by this Ordinance or city code and approved as part of plats and site plans. No occupancy permits, either temporary or permanent, shall be issued until all necessary infrastructure and 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.
3. 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 (25) feet 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.
4. Sanitary Sewer: Any proposed change in approved land uses and/or densities for the PUD will require an analysis of the downstream sanitary sewer capacity to assure that adequate capacity is available for the proposed change(s).
5. 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. Locations of the CBUs shall be acceptable to the city to avoid traffic circulation impacts.
6. To allow and encourage pedestrian movement between parcels and to and from the development, an internal pedestrian sidewalk network connecting all lots, uses and buildings within the development, as well as connecting to adjacent trails shall be required. To enhance pedestrian comfort and extend use into the evening hours, amenities such as trees, lighting, benches, trash receptacles and other pedestrian amenities shall be incorporated along the pedestrian pathways.
7. Fire Access:
a. 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.
b. 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. Unless otherwise agreed upon, the developer of each site within the Ashworth 88 PUD shall be responsible for the procurement and erection of approved fire lane signage.
c. All access drives and drive aisles shall maintain a minimum of twenty (20) feet of clear pavement.
d. A minimum of fourteen (14) feet of vertical clearance over the travel portion of all vehicle travel ways shall be maintained at all times.
e. The developer or its designee of each site within the Ashworth 88 PUD 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.
f. Adequate fire accesses as determined by the City's Fire Marshal shall be provided at all times to those areas under construction.
8. Street Lighting: Unless otherwise provided for in a separate development agreement, the Developer of each site within the Ashworth 88 PUD shall be responsible for all costs associated with the installation of public and private streetlights within or adjacent to any area included within the development at the time of final platting.
9. Interior site lighting should be located, designed and directed in such a way as to mitigate impact on adjacent uses.
a. 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.
b. The footcandle level at property lines not adjacent to a roadway shall be less than one.
c. All fixtures are to be downcast and of a 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, the use of additional shields and use of landscaping for light screening/blockage.
d. No wall packs without shields to direct light down or floodlighting are allowed, except that sconces or decorative architectural lighting shall be permitted.
e. 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 one hundred and fifty (150) feet away shall not exceed twenty-eight (28) feet in height as measured from the ground to the top of the light structure.
(2) Fixtures greater than one hundred (100) feet but less than one hundred and fifty (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 one hundred (100) feet away shall not exceed sixteen (16) feet in height.
f. External fixtures located one hundred and fifty (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 thirty (30) minutes after the closing of the last business, except those lights necessary for security purposes.
g. Those businesses which have windows towards a residential dwelling of any kind (single-family or multi-family) are not allowed nighttime interior lighting intended to draw attention to the business (e.g., neon/LED lighting which washes the building with light or a color) which is visible and obtrusive to the residential dwelling. Limited intensity nighttime interior lighting necessary for security shall be allowed. (Ord. 2533, 8-1-2022)