Whereas, title 9, chapter 9, "Planned Unit Development District" of the city code, establishes certain regulations and guidelines pertaining to accompanying information required on a plat and site plan documents.
A. General Criteria: Now, therefore, the following conditions, restrictions, and regulations are adopted as part of this approval and the following general site plan criteria shall be integrated into and made a part of the development criteria for the Reed's Crossing PUD, to wit: (Ord. 1364, 6-2-1999)
1. The PUD shall incorporate a maximum of one thousand two hundred ten (1,210) residential dwelling units which shall be distributed by types and location according to the sketch plan as presented. (Ord. 1926, 7-11-2011)
2. 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 ordinance and the Des Moines metropolitan design standards as adopted by the city of West Des Moines pertaining thereto, unless otherwise stated within this ordinance.
3. Any regulation, standard, provision or requirement that is not specifically addressed within this document that is regulated elsewhere in the city code of West Des Moines, the requirements of the city code shall still be enforced.
4. In all areas within a 100-year frequency flood hazard zone, or adjoining drainageways or detention areas involving potential flood hazards, no building shall be erected which has a lowest floor, including basements, less than one foot (1') above the determined level of the 100-year frequency flood event or floodproofed to the same elevation in accordance with the West Des Moines floodplain ordinance, and no building shall be erected within twenty five feet (25') of any major drainage, stormwater detention basin or pond.
5. The developer, their successors and assigns, if any, shall pay all construction and engineering costs for the interior development of the planned unit development, in accordance with the current city policies at the time of development as required by this ordinance, the subdivision ordinance of the city of West Des Moines, and the Des Moines metropolitan design standards as adopted by the city of West Des Moines, for all streets, storm sewers, sanitary sewers, drainage improvements, detention basins, water mains, buffers and other improvements within the PUD as may be required. (Ord. 1364, 6-2-1999)
B. Land Use Design Criteria: In addition to the general criteria as stated in subsection A of this section, the following land use design criteria shall apply to the development areas designated on the sketch plan. The sketch plan document, which is made a part of this rezoning action per section 029-02 of this ordinance, delineates sixteen (16) parcels of the PUD as parcels A, B, C, D, E, F, G, H, I, J, L, M, N, O, P, and Q for application of specific development standards of residential use and density regulations, and public and park use. Parcel H is reserved for a neighborhood park site and parcel P is reserved for a greenbelt parcel. The following development standards and use regulations shall apply to each of the following fourteen (14) development parcels: (Ord. 1926, 7-11-2011)
1. Parcel A: Parcel A shall include approximately three and four-tenths (3.4) acres and shall be developed as senior housing, for persons fifty five (55) years and older, with a maximum of eighty four (84) dwelling units permitted within parcel A. All general use regulations and provisions set forth in title 9, "Zoning", of the city code for the RH residential high-density district shall apply to any senior housing development proposal for all property within parcel A as shown on the sketch plan of the Reed's Crossing PUD, unless noted otherwise in this ordinance.
a. Any proposed development within parcel A other than senior housing as described above shall comply with all general use regulations and provisions set forth in title 9, "Zoning", of the city code for the RM residential medium-density district, with a maximum of eight (8) dwelling units per acre permitted.
b. A minimum thirty foot (30') buffer park shall be established along Ashworth Road, the railroad right of way and private property immediately east of parcel A to effectively buffer and screen parking areas and/or associated uses from view. Buffer park screening shall be provided in accordance with the West Des Moines buffer ordinance. No residential structure shall be located closer than fifty feet (50') from the ultimate right of way of Ashworth Road and private property east of parcel A with garages limited to a minimum thirty foot (30') setback from the ultimate right of way of Ashworth Road, the private property east of parcel A and the railroad right of way. Senior housing shall not exceed three (3) stories or forty five feet (45') in height, and any other development shall not exceed two (2) stories or thirty feet (30') in height.
c. Funeral homes, accessory crematories, mausoleums, and cemeteries may be permitted to have a maximum building height of fifty five feet (55') and a twenty foot (20') rear yard setback from the railroad right of way. The required thirty foot (30') buffer park along the railroad right of way and the private property immediately east of parcel A may be waived for said uses provided adequate landscaping and fencing is provided in lieu of said buffer parks to adequately buffer and screen said uses.
2. Parcel B: All general use regulations and provisions set forth in title 9, "Zoning", of the city code for the RH residential high-density district shall apply to any development proposal for all property within parcel B as shown on the sketch plan of the Reed's Crossing PUD, unless noted otherwise in this ordinance. Parcel B shall incorporate approximately fifteen (15) acres, with a maximum of two hundred forty (240) dwelling units permitted. (Ord. 1364, 6-2-1999)
a. Parcel B will be required to provide on site stormwater detention for the entire parcel. A minimum thirty foot (30') buffer park shall be established along Ashworth Road, Jordan Creek Parkway, the railroad right of way, and the east property line, unless otherwise herein modified. Any portion of part of this parcel B that is used for churches, synagogues, and other buildings used for religious worship, is not required to provide a thirty foot (30') buffer park along the railroad right of way, as required herein. In addition, a minimum thirty foot (30') buffer park shall be required between parcel B and parcel I, and the burden of the provision of the buffer park shall be upon whichever parcel develops first. Buffer park screening shall be provided in accordance with the West Des Moines buffer ordinance. (Ord. 1696, 6-19-2006)
3. Parcels C, D, And E: All general use regulations and provisions set forth in title 9, "Zoning", of the city code for the R-1 single-family residential district shall apply to any development proposal for all property within parcels C, D, and E as shown on the sketch plan of the Reed's Crossing PUD, unless noted otherwise in this ordinance.
a. Parcel C shall incorporate approximately seventeen (17) acres with a maximum of fifty four (54) dwelling units permitted.
b. Parcel D shall incorporate approximately thirty eight (38) acres with a maximum of one hundred twenty (120) dwelling units permitted. A stubbed street access shall be provided through parcel D to provide future public street access to private properties located immediately north of parcel D and located south of the railroad right of way. A centrally located thirty foot (30') pedestrian access corridor extending south from parcel D into the neighborhood park site parcel H shall be required by the city as the properties are developed.
c. Parcel E shall incorporate approximately fourteen (14) acres with a maximum forty eight (48) dwelling units permitted.
d. Minimum lot widths of seventy feet (70') shall apply to parcels C, D, and E. No individual lot driveway access shall be permitted directly onto Jordan Creek Parkway.
e. A minimum thirty foot (30') buffer park easement shall be established along Jordan Creek Parkway in parcels C, D and E. Buffer park screening shall be provided in accordance with the West Des Moines buffer ordinance. (Ord. 1364, 6-2-1999)
4. Parcel F: All general use regulations and provisions set forth in title 9, "Zoning", of the city code for the R-1 single-family residential district shall apply to any development proposal for all property within parcel F as shown on the sketch plan of the Reed's Crossing PUD, unless noted otherwise in this ordinance. It is intended that parcel F be developed in conjunction with the properties located north and east of the railroad right of way at a future date and that said parcel F be granted access rights to Ashworth Road and/or 60th Street as adjacent properties are developed.
a. Parcel F shall incorporate approximately eight (8) acres. A minimum thirty foot (30') buffer park easement shall be established along the railroad right of way in accordance with the provisions of the West Des Moines buffer ordinance. A minimum side yard building setback of five feet (5') will be allowed for the development of parcel F, however, no part of any structure will be allowed to be any closer than five feet (5') to a property line, including eaves and overhangs.
b. Parcel F will be required to provide on site storm water detention for the entire parcel. In addition, parcel F will contain the areawide storm water detention pond as specified in the Jordan Creek watershed master plan for the watershed contained within the Reed's Crossing PUD. (Ord. 1651, 10-10-2005)
5. Parcel G: Parcel G shall incorporate approximately thirteen (13) acres and is located within the village center subarea of the West Des Moines comprehensive plan. All development within parcel G shall be subject to the specific development standards identified in the comprehensive plan for this subarea.
a. Parcel G shall be master planned with the village center commercial parcel to the west, also known as parcel 3a, Village At Oakbrook planned unit development. The architecture of development within parcel G shall be consistent with the architectural theme of the village center subarea and village center commercial parcels to the west and south.
b. Parcel G is intended to be a combination of commercial, office, and multi-family residential. Multi-family residential uses shall only be permitted above retail or office uses with approval of the city council through the permitted conditional use permit process. No freestanding residential use will be allowed in parcel G. The Reed's Crossing PUD shall be limited to a maximum of two hundred fifty four (254) units south of Jordan Creek in parcels G and N. Any residential dwelling in parcel G shall be shifted from parcel N. In and of itself, parcel G has no residential density assigned to it.
c. Any use which is permitted or conditionally permitted in the CMC community commercial district, NC neighborhood commercial district and SC support commercial district shall be permitted within this parcel through the appropriate review process identified in the zoning ordinance, except new and used auto sales (SIC 551 and 552), automotive repair, service and parking (SIC 75), and gasoline stations (SIC 554) shall be prohibited. Automated car washes (SIC 75) shall be allowed with the approval of a permitted conditional use permit, provided that the overhead garage doors are designed to face away from public streets and public view. Overhead garage door openings shall be screened through design, berming and landscaping to effectively screen them from the public right of way and greenbelt park. Wherever a use is listed in the Zoning Ordinance as a permitted use in one of the allowed commercial districts and a permitted conditional use in another, the Director of Community Development, or their designee, shall be authorized to determine the most appropriate review process. Drive-thrus, except grocery pick-up drive, banks, dry cleaners and drug stores, with appropriate screening and buffering, shall be prohibited in this parcel.
d. Development Standards: The following standards shall apply to all development within Parcel G:
(1) As part of the development of any part of the parcel, a detailed master plan shall be developed in conjunction with Parcel 3 of the Village at Oakbrook PUD that will establish the overall character and layout of the future development. The master plan for Parcel G is intended to be a general guide for development and it is recognized that modifications will be needed as the land is developed. Due to the anticipated development of the Village Center as a project phased over a number of years, the goal of flexibility with respect to future market demands is critical. It presents a unique opportunity for the City to realize the objective of a mass and variety of uses, linked by a pedestrian-based concept.
(2) The development of Parcel G shall integrate trails, pathways and pedestrian plazas within and around the commercial area to link the surrounding areas and encourage interaction between plaza users.
(3) Outdoor entertainment outdoor dining, and some seasonal or temporary sidewalk shopping displays shall be allowed in the plaza areas with the issuance of a temporary use permit by the City or as a permitted conditional use approved by the City Council. Outdoor display and storage of merchandise shall be prohibited except as permitted above.
(4) Bicycle parking and storage facilities shall be incorporated into the design development of each site with a minimum of one bicycle parking space per five hundred (500) square feet of gross leasable area for all commercial uses, except hotels, motels and office uses.
(5) Convenience grocery stores shall only be permitted as an integral part of a multi-tenant commercial building, no freestanding convenience stores shall be permitted.
(6) The negative elements of the higher intensive uses, such as loading docks, HVAC units, computer cooling equipment, parking areas and drive-up windows shall be designed to be screened and buffered from view by the general public through the use of architectural features or earth berming and landscaping.
e. Parking:
(1) For any multi-family use that is located above a commercial or office use, a minimum of one off-street car space will be solely dedicated per residential unit and additional off-peak parking will be incorporated.
(2) For all commercial, retail, office, restaurant, one off-street space per two hundred twenty five (225) square feet of gross floor shall be provided.
(3) Any remaining parking needed at peak hours will be in shared parking with a blanket easement.
(4) The location of parking will be on the street and in numerous pockets behind and between buildings for any parking that is intended to be jointly used between multiple users, the parking lot shall be located in an area that is reasonably accessible to both users.
(5) On-street parking shall not be counted towards meeting the parking requirements.
f. Building Height And Setbacks: Within Parcel G the building height shall be a maximum of three (3) stories. Building setback shall be a minimum of seventy feet (70') from the ultimate right-of-way of E. P. True Parkway. Parking shall be required to be set back from major and minor arterial streets a minimum of thirty feet (30') with earth berms, landscaping and decorative lighting separating the Village Center from the major artery. Parking shall have a minimum setback of fifteen feet (15') from all other public streets.
(1) Building setbacks shall be a minimum of sixty feet (60') from the greenbelt (Parcel P), and no building setback shall be required from the western boundary of Parcel G; however, the applicable building code and fire code separation shall still apply. Parking shall maintain a minimum setback of thirty feet (30') from the greenbelt parcel and no less than ten feet (10') from the adjoining property west of Parcel G unless it is intended to be joint parking with that property and appropriate cross access and parking easements are established.
(2) No building setback shall be required from the public right-of-way of all internal public streets, provided that there is a minimum twelve foot (12') sidewalk maintained between the public street and any outdoor commercial/retail/service use. Seasonal outdoor commercial/retail/service uses may be permitted within the public right-of-way adjacent to the internal public streets in this parcel, with a lease agreement approved by the City Council and approval of a permitted conditional use permit. A hold harmless agreement as prepared by the City, shall be required for any use permitted in the public right-of-way. No side yard or rear yard setback shall be required between similar land uses on adjacent properties.
g. Open Space/Buffer: A minimum thirty foot (30') buffer park shall be required along E.P. True Parkway and the greenbelt park in accordance with the Buffer Ordinance. The minimum required open space in this parcel shall be twenty five percent (25%) of the project area. Pedestrian plazas and paved outdoor spaces shall counted towards the open space requirements, provided they are not dedicated as a patron use area for a specific business, i.e. outdoor seating for a restaurant. Site furniture in the plazas for general use shall be encouraged within this parcel. A pedestrian/bike trail shall be constructed through this parcel that connects with the Jordan Creek Trail system and the surrounding residential areas.
All parking areas shall include landscape areas, islands, screens, etc., equal to not less than ten percent (10%) of the total paved area and associated drives. Such landscaped area shall be in addition to the open space requirements for the project area. Landscaped islands within the parking area shall have ground cover of grass (i.e., sod), shrubs or other acceptable living plant life, unless an alternate ground cover is specifically approved as part of the site plan review by the City.
h. Architectural Character: All of the land uses in the Village Center subarea will share a common architectural character so that visitors will feel they are in a unified commercial and residential community and not merely in a set of separate projects.
(1) The commercial developments in the Village Center subarea and their relationship with multi-family residential uses will be organized so as to promote pedestrian travel within various uses in the Village Center. That promotion will include care with respect to how the uses relate to one another, and the use of pedestrian walkways, plazas, and gathering spaces. It will also incorporate connections to residential areas to the north of the Village Center.
(2) The architectural design will incorporate exterior materials and design elements that have withstood the test of time. The City Council of West Des Moines, after having received a recommendation from the Plan and Zoning Commission of West Des Moines, shall determine the appropriateness of an architectural material when used as a primary element as to whether it enhances the physical appearance, or provides continuity desired to unite all structures within the property together into one project concept. Care shall be taken to design structures of integrity, continuity and a sense of proportion. Emphasis shall be placed on designing buildings that will have an equally attractive appearance on all sides of the structure.
(3) Commercial buildings will incorporate some of the same elements and the major exterior material should be stone, brick, or masonry. Varied wall surfaces with recesses and shadow lines will be incorporated into the design. Window projections coming up to the second or third story will be incorporated to give relief to wall surfaces. While flat roofs may be necessary in commercial buildings, pitched roof projections will be designed to share compatibility with residential designs in close proximity.
i. Landscape: Landscaping will have an integral part in the Village Center subarea's design and planning. The master plan shall identify where street trees will be carried throughout the commercial center and around the periphery. Entrances into the commercial area shall be well landscaped with overstory and understory trees and accentuated with shrubs, ground covers and flowers to convey the sense of arrival.
Plazas and open space areas will incorporate specific landscape plans appropriate to their use and shall be reviewed as part of a site plan approval process.
6. Parcel I: Parcel I shall incorporate approximately ten (10) acres, with a maximum of sixty four (64) dwelling units permitted. Parcel I shall encompass bi-attached townhouse units or single-family detached dwelling units. If parcel I is developed as bi-attached units, all general use regulations and provisions set forth in title 9, "Zoning", of the city code for the RM residential medium-density district shall apply to any development proposal for all property within parcel I as shown on the sketch plan of the Reed's Crossing PUD, unless noted otherwise in this ordinance. If parcel I is developed as single-family detached residential, then all general use regulations and provisions set forth in title 9, "Zoning", of the city code for the R-1 single-family residential district shall apply to any development proposal for all property within parcel I as shown on the sketch plan of the Reed's Crossing PUD, unless noted otherwise in this ordinance.
A minimum thirty foot (30') buffer park shall be established along Jordan Creek Parkway and the east property line. In addition, a minimum thirty foot (30') buffer park shall be established in parcel I along the south parcel line to buffer the single-family residential uses in parcel C from the medium density residential uses in parcel I. If parcel I is developed as single-family detached residential in accordance with R-1 standards as permitted in subsection B3 of this section, the minimum thirty foot (30') buffer park shall not be required. In addition, a minimum thirty foot (30') buffer park shall be required between parcel B and parcel I, and the burden of the provision of the buffer park shall be upon whichever parcel develops first. Buffer park screening shall be provided in accordance with the West Des Moines buffer ordinance.
7. Parcels J And L: All general use regulations and provisions set forth in title 9, "Zoning", of the city code for the RM residential medium-density district shall apply to any development proposal for all property within parcels J and L as shown on the sketch plan of the Reed's Crossing PUD, unless noted otherwise in this ordinance. (Ord. 1364, 6-2-1999)
a. Parcel J shall incorporate approximately eighteen (18) acres with a maximum of one hundred eighty (180) dwelling units. Parcel L shall incorporate approximately fourteen (14) acres with a maximum of one hundred eleven (111) dwelling units. (Ord. 1926, 7-11-2011)
b. (Rep. by Ord. 1651, 10-10-2005)
c. At such time that parcels Q or L are developed, a trail connection shall be made from the greenbelt parcel P to the neighborhood park parcel H. (Ord. 1926, 7-11-2011)
d. Front yard setbacks shall be a minimum of thirty feet (30') from the right of way of internal public streets, thirty feet (30') from the right of way of the minor collector street and a minimum setback of twenty five feet (25') from any private access drive where parking is provided in front of the unit other than individual driveways intended to serve a particular unit. No attached residential building shall be set closer than twenty feet (20') to another attached residential building. Building separation between two (2) detached residential buildings shall be no closer than fourteen feet (14') measured to the foundation. In no case shall a garage opening be located closer than twenty five feet (25') from a shared access drive or roadway. No building shall exceed two (2) stories or thirty feet (30') in height. (Ord. 1829, 5-18-2009)
e. A minimum thirty foot (30') buffer park shall be established along the railroad right of way and along the northwest side of parcel J to effectively buffer the development on this parcel from the single-family development of parcels D and M in accordance with the buffer ordinance. In addition, a minimum thirty foot (30') buffer park shall be established along the minor collector north of parcel L where it is adjacent to parcel E in accordance with the buffer ordinance to effectively buffer this development from the single-family development in parcel E. (Ord. 1364, 6-2-1999)
f. Single-family detached units are permitted. (Ord. 1829, 5-18-2009)
8. Parcels M And Q: All general use regulations and provisions set forth in title 9, "Zoning", of the city code for the R-1 single-family residential district shall apply to any development proposal for all property within parcel M and parcel Q as shown on the sketch plan of the Reed's Crossing PUD, unless noted otherwise in this ordinance.
Parcel M shall incorporate approximately six (6) acres with a maximum of twenty three (23) dwelling units permitted. Minimum lot widths of sixty feet (60') shall apply to parcel M.
Parcel Q shall incorporate approximately nine (9) acres with a maximum of twenty seven (27) dwelling units permitted. Minimum lot widths of sixty feet (60') shall apply to parcel Q.
A minimum thirty foot (30') buffer park easement shall be established along the railroad right of way in accordance with the West Des Moines buffer ordinance.
A minimum thirty foot (30') buffer park shall be established along the east side of parcel Q where it abuts parcel J in accordance with the West Des Moines landscape ordinance. Fences and other permitted structures may be located within the buffer. No shrubs are required to be installed within this buffer. (Ord. 1926, 7-11-2011)
9. Parcel N: All general use regulations and provisions set forth in Title 9, Zoning of the West Des Moines City Code for the RH Residential High Density District shall apply to any development proposal for all property within Parcel N as shown on the sketch plan of the Reed's Crossing PUD, unless noted otherwise in this Ordinance. Parcel N is located within the Village Center subarea of the West Des Moines comprehensive plan, and all development within Parcel N shall be subject to the specific development standards identified in the comprehensive plan for this subarea. Parcel N shall incorporate approximately twenty one (21) acres, with a maximum of two hundred fifty four (254) dwelling units permitted. (Note: units may be shifted from this parcel to Parcel G as noted in the subsection for Parcel G.)
Parcel N will be required to provide on site storm water detention for the entire parcel. A minimum thirty foot (30') buffer park shall be established along E. P. True Parkway to effectively buffer and screen parking areas and/or associated uses from view. In addition, a minimum thirty foot (30') buffer park shall be established along the south and east of Parcel N to effectively buffer the development on this parcel from the single-family residential development to the south and the medium density residential development to the east. Buffer park screening shall be provided in accordance with the West Des Moines Buffer Ordinance. No building, except garages, shall be located closer than sixty feet (60') from the ultimate right-of-way of E. P. True Parkway with a minimum one hundred foot (100') setback for all buildings exceeding two (2) stories or thirty feet (30') in height from E. P. True Parkway. All garages and carports shall maintain a minimum thirty foot (30') setback from E. P. True Parkway. (Ord. 1364, 6-2-1999)
10. Parcel O: All general use regulations and provisions set forth in Title 9, Zoning of the West Des Moines City Code for the RM Residential Medium Density District shall apply to any development proposal for all property within Parcel O as shown on the sketch plan of the Reed's Crossing PUD, unless noted otherwise in this Ordinance.
a. The maximum permitted density shall be eight (8) dwelling units per acre with a maximum of four (4) units per building. Parcel O shall incorporate a maximum of seven (7) acres.
b. Within this parcel the required parking shall be two (2) off-street spaces per unit and one space per three (3) units for visitor parking. Tandem parking shall be allowed to meet the required parking requirements. In addition, one space per one hundred (100) square feet of G.F.A. shall be provided for any building or portion of a building designated for multi-purpose recreational uses.
c. Within this parcel, permitted building heights will be a maximum of two (2) stories, not including basements, or thirty six feet (36') above the average grade of the building.
d. Building setbacks shall be a minimum thirty five feet (35') from the ultimate right-of-way of 74th Street and from the perimeter of the property, unless otherwise herein modified. Internal building setbacks shall be a minimum twenty feet (20') from the right-of-way line or easement of the internal street; however, garage openings shall be no closer than twenty five feet (25') from said right-of-way line or easement. No unit shall be closer than twenty feet (20') from another unit in a separate building. The building setback from the southern line of this parcel shall be twenty five feet (25'), and the building setback from the eastern line of this parcel shall be fifteen feet (15'). The building setback from the public street from Cody Drive, south to the southern boundary of this parcel shall be twenty five feet (25').
e. The minimum required open space in this parcel shall be equal to at least twenty five percent (25%) of the gross area of the parcel. Parking areas, except for driveway for individual dwelling units, shall be effectively screened from general public view by incorporating the natural landscape and topography with the introduction of permanent earth berming of no less than two and one-half feet (21/2') above the top of curb of the adjacent public street. In any case, all parking areas shall include landscape areas, islands, screens, etc., equal to not less than ten percent (10%) of the total paved area. Such landscaped area shall be in addition to the open space requirements for the total parcel. Landscaped islands within the parking area shall have ground cover of grass (i.e., sod), shrubs or other acceptable living plant life, unless an alternate ground cover is specifically approved as part of the site plan review by the City.
f. A minimum thirty foot (30') buffer park shall be established along north and west boundaries of Parcel O to effectively buffer the development on this parcel from the single-family development of Parcel E to the north and 74th Street to the west. The buffer park shall be designed in accordance with the West Des Moines Buffer Ordinance and shall be installed as a part of the site plan development.
g. Parcel O shall be master planned with the medium density residential parcel to the south, also known as Parcel 1, Village at Oakbrook Planned Unit Development. The architecture of development within Parcel O shall be consistent with the architectural theme of the Village Center subarea and medium density residential parcel to the south.
h. Individual dwelling units within Parcel O shall not have direct access to the minor collector along the north boundary of Parcel O, unless otherwise approved by the City Council. An access to the minor collector north of Parcel O needs to be provided for the property to the south, unless otherwise approved by the City Council. (Ord. 1379, 7-26-1999)
C. Reservation Of Park Site: Parcel H as shown on the sketch plan, attached and made a part hereof, is agreed to be reserved for acquisition by the City for public and park use upon development of adjoining properties within the PUD. Parcel H shall be a minimum of eight (8) acres in area and be provided a minimum of sixty feet (60') of public street frontage for vehicular access purposes. A centrally located thirty foot (30') pedestrian access corridor extending from Parcel J into Parcel H shall be required by the City as the properties are developed. A trail connection will be made from Parcel P to Parcel H at such time that Parcels F or L are developed. The park land shall be conveyed by warranty deed free and clear of any and all liens and encumbrances including all judgments, attachments, mechanics and other liens.
The value of the land to be purchased by the City for park use shall be established at the time of purchase of said property by the City and shall be based upon the property's current fair market value as undeveloped, plus the cost of providing paved street frontage, sanitary sewer and water service and grading. If possible, the fair market value shall be determined by mutual agreement between the City Council and developer. If an agreement on the fair market value cannot be mutually reached by the parties, such value shall be determined by the parties appointing a real estate appraiser with qualifications of a M.A.I. with the cost of the appraisal being equally shared by the City and developer. At such time that the minor collector south of Parcel H is constructed, the West Des Moines Parks and Recreation Department shall be responsible for the cost of paving one-half (1/2) of the width of the minor collector (15.5 feet of the 31 foot width) for a maximum length of sixty (60) linear feet. The terms of the payment shall be worked out at the time of the development.
D. Dedication Of Greenbelt Park (Parcel P): The owner and/or developer shall reserve for dedication to the City that ground designated as Parcel P as shown on the sketch plan made a part hereof, for inclusion within the Jordan Creek Greenbelt for active park and open space use without cost to the City of West Des Moines. Said area shall be platted with the platting of Parcels L or J adjoining the parcel's north boundary and dedicated to the City free of any liens, encumbrances and assessments subsequent to the paving of E. P. True Parkway or the minor collector through Parcels G, J, L or N. Furthermore, for the dedication of Parcel P to be included within the Jordan Creek Greenbelt, the City agrees to waive the developer's share of the mandatory fee payment for acquisition and/or development of park system required by the City's Subdivision Regulations. (Ord. 1364, 6-2-1999)