The following plans shall be required as a part of the processing of any development application for any property within the Mills Crossing specific plan:
A. Area Development Plan: An area development plan is a plan that identifies planning units, major circulation patterns, master stormwater drainage and detention concepts, utilities, shared public spaces, land use assumptions and proposed densities. It is intended to be a tool used to promote the communication and cooperation between adjacent property owners and developers to ensure cohesive and unified development.
An area development plan shall be reviewed by the Plan and Zoning Commission and approved by the City Council prior to, or in conjunction with, the review of the specific plan for any property within said specific plan area. No change to the area development plan shall be made without approval of an amended plan from the appropriate reviewing bodies.
Exhibit I on file in the City is the City Council approved area development plan for this property. (Ord. 2060, 11-3-2014)
B. Specific Plan: A specific plan identifies development intent for each planning unit indicated on the area development plan or more specifically delineated on the specific plan map. The specific plan shall conform to the general development intent identified in the approved area development plan, as well as the Town Center Overlay District guidelines. The specific plan shall be reviewed by the Plan and Zoning Commission and adopted by the City Council by ordinance.
This document shall constitute the specific plan ordinance for Mills Crossing. A specific plan map that illustrates the overall site layout concept for Mills Crossing (Exhibit II) is on file in the City. This document and the associated exhibits (on file in the City) are intended to specify the components, parameters, and requirements to be adhered to and implemented in order to ensure the realization of Mills Crossing development concept. It is recognized that modifications and changes in building footprints and layout, including the combining of two (2) smaller buildings into one (1) larger building, may be necessary in response to market demands and specific tenants. Additionally, it is recognized that square footages of one (1) building may be shifted to another or increased to accommodate specific user's needs. These changes may be allowed with the appropriate City approvals if the shift does not have a negative impact on the traffic patterns for the building/area and the total number of vehicle trips does not exceed that which has been allocated to the overall Mills Crossing Development. At the discretion of the Director of Development Services, changes to the layout of the development that are deemed to be "major" changes shall require an amendment to the specific plan map and/or ordinance, whichever is applicable. Major amendments shall require the review and approval of the Plan and Zoning Commission and City Council.
Where the specific plan map and specific plan ordinance conflict, the specific plan ordinance shall prevail. (Ord. 2060, 11-3-2014; amd. Ord. 2190, 12-27-2016)
C. Development Applications (Overlay District Site Plans): Site plans for all buildings and land area within the Mills Crossing Development must meet the intent of the approved specific plan. Site plans shall be submitted to the City of West Des Moines for review and approval prior to the development of any portion of the associated supporting lot. Site plans for permitted uses which comply (as determined by the Director of Development Services) with the design intent as set forth in this specific plan will be subject to administrative review and approval by the Director of Development Services. A one (1) week review and comment period by each and all available members of the Plan and Zoning Commission and City Council shall precede the administrative approval.
If upon review, two (2) or more members of the City Council, Plan and Zoning Commission, or a combination thereof request such; or if the Director of Development Services deems the proposed site plan is not in compliance with the approved specific plan or is potentially controversial, the site plan will be processed through the traditional full site plan review and approval process. Site plans for permitted conditional uses (Pc) as defined in the City Code, unless otherwise amended within this ordinance, shall be approved by the appropriate review body. At the discretion of the Director of Development Services, an amendment to Mills Crossing specific plan ordinance may be required to bring consistency between the ordinance and site plan development proposed.
An overlay district site plan must be approved prior to the issuance of any building permit, including footing and foundation permits, for construction of any structure within the area proposed for development.
D. Development Improvements, Agreement: An agreement shall be established by the developer for the property encompassed by the Mills Crossing development. This agreement shall identify requirements for the ongoing upkeep and maintenance of any privately owned common grounds, structures and signs and any other specific development improvements required by the developer in this ordinance. In addition, a reciprocal cross access/shared parking agreement shall be executed across all parcels included within the Mills Crossing development.
Said agreements are hereby made a part of this specific plan ordinance by reference. These agreements shall be executed prior to the approval of the first overlay district site plan for any parcel within the development.
E. Preliminary And Final Platting: Platting for any PUD parcel shall be at the discretion of the developer. Platting, if needed for subdivision or right-of-way dedication, shall be done in accordance with the City's subdivision ordinance. Lots to be platted without public street frontage, in accordance with the City Code requirements, may be allowed provided the frontage requirements of the Code have been met by an abutting or surrounding lot which is under common ownership under an owners' association, or a cross parking and access easement has been executed which provides for the unrestricted use and access of the drives and parking. Platted outlots are not buildable until such time that they are replatted through the City's subdivision process.
F. Roads And Utilities: Unless otherwise specifically restricted by City Council action, ground work and construction of private roads and utilities may be started, at the developer's risk, upon approval of a preliminary plat or overlay district site plan by the City Council. Public street and utility construction may begin, at the risk of the developer, after approval of the preliminary plat or overlay district site plan which includes the improvements by the City Council and construction improvement plans by the City of West Des Moines.
Prior to approval of the final plat or first overlay district site plan, unless otherwise allowed by Council, the developer shall provide the appropriate agreements, easements, and sureties for all public rights-of-way and other public improvements (utilities, sidewalks, streetlights, etc.) within and associated with the development. (Ord. 2060, 11-3-2014)