Plan and Zoning Commission Minutes of Meeting Des …€¦ · Plan and Zoning Commission Minutes of...

Plan and Zoning Commission Minutes of Meeting

Des Moines, Iowa September 20, 2012

PRESENT: JoAnne Corigliano, Shirley Daniels, Jacqueline Easley, Tim Fitzgerald, Dann Flaherty, John “Jack” Hilmes, Ted Irvine, Greg Jones, Will Page, Christine Pardee, CJ Stephens and Vicki Stogdill ABSENT: Mike Simonson STAFF PRESENT: Mike Ludwig, Erik Lundy, Kyle Larson, Mike Kelley and Cathy Whitfield Jacqueline Easley made a motion to approve the minutes of September 6, 2012 Plan & Zoning Commission meeting. Motion carried 12-0. Greg Jones made a motion to move Items 5, 6, and 7 to the consent agenda. Motion carried 12-0. Dann Flaherty stated that the applicant for Item #2 has requested to it be removed from the consent agenda and placed on the public hearing agenda. CJ Stephens moved consent agenda Items 1, 5, 6, and 7. Motion carried 12-0. CONSENT AGENDA

Item #1 Review and recommendation to City Council regarding a petition to establish the Beaver Avenue Self-Supported Municipal Improvement District for maintenance of the Beaver Avenue Streetscape improvements. STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION

Property owners adjoining Beaver Avenue from Fagen Drive to Beaver Crest Drive have submitted a petition to the City Council seeking to establish the Beaver Avenue Self-Supported Municipal Improvement District (SSMID). The purpose of the SSMID is to undertake the acquisition, construction, installation, operation and maintenance of “improvements” within the public rights-of-way of Beaver Avenue within the Proposed District. Improvements include improved sidewalks, curbs and cross-walks, landscaping, planters, decorative lighting, utility relocation, traffic signage, and related pedestrian improvements. The improvements may also be funded utilizing proceeds of the combined Capital Improvement and Operation Fund, City funds designated in the Capital Improvement Program of the City for such purposes, and any other available funds.



II. ADDITIONAL APPLICABLE INFORMATION

Pursuant to Section 386.3 of the Iowa Code, the Plan and Zoning Commission is to prepare an evaluative report for the City Council based on the “merit” and “feasibility” of the SSMID. The Commission is to make recommendations to the City Council with respect to establishment of the SSMID. Further, the Commission is directed to determine the validity of the petition.

Staff has prepared an evaluative report for the Commission’s review and consideration (see attached).

III. STAFF RECOMMENDATION TO THE PLAN AND ZONING COMMISSION AND

BASIS FOR APPROVAL Staff recommends approval of the evaluative report and establishment of the proposed Beaver Avenue Self-Supported Municipal Improvement District (SSMID). SUMMARY OF DISCUSSION There was no discussion CHAIRPERSON OPENED THE PUBLIC HEARING There was no one to speak in favor or in opposition of the applicant’s request. COMMISSION ACTION: CJ Stephens moved staff recommendation to approve the evaluative report and establishment of the proposed Beaver Avenue Self-Supported Municipal Improvement District (SSMID). THE VOTE: 12-0

***************************** *****************************

ITEM 5

Request from Christ the King Housing Services, LLP (owner) represented by Msgr.

Frank Bognanno (officer) to rezone property located at 5602 Southwest 9th Street:

A) Determination as to whether the proposed amendment is in conformance with the Des Moines’ 2020 Community Character Plan.

B) Amend the Des Moines’ 2020 Community Character Plan to revise the future

land use designation from Low-Density Residential to High Density Residential. (21-2012-4.10)

C) Rezone from “C-2” General Retail and Highway Oriented Commercial District

and “R1-60” One-Family Low-Density Residential District to Limited “R-4” High Density Residential District to allow development of 25 senior residential apartments. (ZON2012-00151)



SUMMARY OF DISCUSSION STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION 1. Purpose of Request: The applicant is seeking to have the property rezoned to

allow for a four-story 25 unit senior living apartment project.

2. Size of Site: 27,165 square feet. 3. Existing Zoning (site): “C-2” General Retail and Highway Oriented Commercial

District and “R1-60” One-Family Low-Density Residential District. 4. Existing Land Use (site): The subject property is currently used for a single-family

dwelling.

5. Adjacent Land Use and Zoning:

North – “C-2” and “R-2”, Use is Orchard Place children’s home. South – “C-2” and “R1-60”, Use is Heritage Manor nursing home. East – “C-2”, Use is Christ the King senior apartments Phase I. West – “R1-60”, Use is Kurtz School which is currently serving for the Lincoln High School 9th grade class.

6. General Neighborhood/Area Land Uses: The subject property is located along

the Southwest 9th Street commercial corridor which is a blend of neighborhood retail/office and mixed densities of residential development.

7. Applicable Recognized Neighborhood(s): The subject property is within the Watrous South Neighborhood, and is within 250 feet of the Fort Des Moines Neighborhood area east of Southwest 9th Street. These neighborhoods were notified of the meeting by mailing of the Preliminary Agenda to all recognized neighborhoods on August 31, 2012. Additionally, separate notifications of the hearing for this specific item were mailed on August 31, 2012 (20 days prior) and September 10, 2012 (10 days prior to the scheduled hearing) to Watrous South and Fort Des Moines Neighborhood Associations and to the primary titleholder on file with the Polk County Assessor for each property within 250 feet of the site. A Final Agenda for the meeting was mailed to all the recognized neighborhood associations on September 14, 2012. All agendas and notices are mailed to the primary contact person designated to the City of Des Moines Neighborhood Development Division by the recognized neighborhood association. The Watrous South Neighborhood Association mailings were sent to Dan Law at PO Box 35845, Des Moines, IA, 50315. The Fort Des Moines Neighborhood Association mailings were sent to Debbie Jorgenson, 5500 Southeast 1st Court.



The applicant scheduled a neighborhood meeting at Christ the King campus for Monday, September 17, 2012. This included invitation to Watrous South and Fort Des Moines Neighborhood Associations and to the primary titleholder on file with the Polk County Assessor for each property within 250 feet of the site. The applicant will provide a summary of the meeting at the public hearing.

8. Relevant Zoning History: N/A. 9. 2020 Community Character Land Use Plan Designation: Low Density

Residential. 10. Applicable Regulations: The Commission reviews all proposals to amend zoning

regulations or zoning district boundaries within the City of Des Moines. Such amendments must be in conformance with the comprehensive plan for the City and designed to meet the criteria in §414.3 of the Iowa Code. The Commission may recommend that certain conditions be applied to the subject property if the property owner agrees in writing, prior to the City Council Hearing. The recommendation of the Commission will be forwarded to the City Council.


1. Drainage/Grading: Any future development of the subject property will require a

storm water management plan and a soil erosion protection and grading plan as part of the Site Plan review. The property currently surface drains towards the north and northeast. Stormwater is picked up in the street intakes located at the southeast corner of East Porter Avenue and Southwest 9th Street. There is public storm sewer available in that location to serve the site.

2. Landscaping & Buffering: Landscaping and tree plantings will be required in

accordance with the Des Moines Landscape Standards as applicable to “R-4” Districts. In this instance the submitted site concept indicates that there is not a bufferyard along the west and south side of the proposed off-street parking area. Such a proposal will require Board of Adjustment relief.

3. 2020 Community Character Plan: The proposed future development for residential

density at approximately 40 units per acre is not consistent with the current Low Density Residential future land use designation. An amendment to revise the designation to High Density Residential is therefore required. Staff believes that this would be an appropriate designation for this location based on the proposed limitation to the rezoning that the unit density would only be for senior living apartments. Senior living projects do not generate many additional vehicle trips per day as compared to a general residential apartment project. Also there would not be the same level of demand for additional open space normally necessary for recreational areas for youth activity. The site would also not be able to accommodate required parking for general multiple-family residential parking.

4. Urban Design: The conceptual elevations and renderings propose a four-story

apartment building with steep gabled roof elements. The exterior materials are proposed to be predominantly brick with the first and second levels entirely clad in two different tones of brick. Upper levels are proposed to include a combination of



overlap siding on upper levels and vertical siding beneath gables. There is detailed molding, cornices, banding and columns are proposed for the structure in a contrasting white finish. It should be noted that the proposed design for the subject property is very similar in its architecture and scale to the 28 unit senior living project recently developed by the applicant directly to the east across Southwest 9th Street, Final design will be considered by the Plan and Zoning Commission with the review of the Site Plan under design guidelines for multiple-family residential use. Staff believes that any Site Plan should be in substantial compliance with the submitted rendering and site sketch.

III. STAFF RECOMMENDATION

Part A) Staff recommends that the requested rezoning be found not in conformance with the Des Moines’ 2020 Community Character Plan future land use designation. Part B) Staff recommends approval of the requested amendment to the Des Moines’ 2020 Community Character Plan to revise the future land use designation from Low-Density Residential to High Density Residential. Part C) Staff recommends approval of rezoning to a Limited “R-4” High Density Residential District subject to the applicant agreeing to the following conditions: 1. Any multiple-family residential use of the property shall be limited to housing for the

elderly whereby residents must be over the age of 55 years. 2. Any multiple-family residential use of the property shall be in substantial compliance

with the submitted architectural rendering and site sketch, to include brick, stone, or masonry block around the lower two levels.

SUMMARY OF DISCUSSION There was no discussion CHAIRPERSON OPENED THE PUBLIC HEARING There was no one to speak in favor or in opposition of the applicant’s request. COMMISSION ACTION: CJ Stephens moved staff recommendation Part A) to find the rezoning not in conformance with the Des Moines’ 2020 Community Character Plan future land use designation; Part B) to approve the requested amendment to the Des Moines’ 2020 Community Character Plan to revise the future land use designation from Low-Density Residential to High Density Residential; and Part C) to approve the rezoning to a Limited “R-4” High Density Residential District subject to the applicant agreeing to the following conditions: 1. Any multiple-family residential use of the property shall be limited to housing for the

elderly whereby residents must be over the age of 55 years.



2. Any multiple-family residential use of the property shall be in substantial compliance with the submitted architectural rendering and site sketch, to include brick, stone, or masonry block around the lower two levels.

THE VOTE: 12-0

***************************** *****************************

Item 6 A Community Development Department initiated request to amend the Des Moines’ 2020 Community Character Plan to revise and expand the future land use map to designate future land use for undesignated areas that have been annexed into the City and to add the development control zone classification for areas that are subject to flood hazards based on most recent information and data as follows:

A) From Unclassified to Commercial: Auto-Oriented Small-Scale Strip Development. (Vicinity of 5475 Meredith Drive)

B) From Unclassified to Low-Density Residential. (Vicinity of 843 Aurora Avenue)

C) From Unclassified to Low-Density Residential. (Vicinity of NE 49th Street and East Madison Avenue)

D) From Unclassified to Low-Density Residential. (Vicinity of 5055 East Douglas Avenue)

E) From Unclassified to Low-Density Residential. (Vicinity of NE 51st Court and Easton Boulevard)

F) From Unclassified and Development Control Zone to Agricultural with Applicable Development Control Overlay. (Vicinity of Highway 69 South of Iowa Highway 5)

G) From Unclassified to Agricultural with Applicable Development Control Overlay. (Vicinity of Clover Hill Drive South of Iowa Highway 5)

H) From Unclassified to Agricultural with Applicable Development Control Overlay. (Vicinity of Clover Hill Drive North of Iowa Highway 5)

I) Not used.

J) From Unclassified to Low-Density Residential. (Vicinity of County Line Road and Clover Hill Drive)

K) Addition of Development Control Zone designation to various areas that are subject to flood hazards based on most recent information and data.

(21-2012-4.11)



STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION The Community Development Department is transitioning from use of Adobe Illustrator software to ArcView GIS software for production, maintenance, and storage of the Des Moines’ 2020 Community Character Plan Future Land Use Map. Regenerating the land use map in the new software has presented the opportunity to designate future land uses for areas that were recently annexed and to update the Development Control Zone land use designation across the City for areas that are subject to flood hazards based on most recent information and data. Changes to the future land use designations for some parcels will be proposed as sub-area planning efforts are completed. The new Future Land Use Map GIS layer will provide greater analysis capabilities for staff. II. STAFF RECOMMENDATION TO THE PLAN AND ZONING COMMISSION AND

BASIS FOR APPROVAL Staff recommends that the new 2020 Community Character Plan Future Land Use Plan GIS Layer, to revise and expand the future land use map to designate future land use for undesignated areas that have been annexed into the City and to add the development control zone classification for areas that are subject to flood hazards based on most recent information and data, as follows: A) From Unclassified to Commercial: Auto-Oriented Small-Scale Strip Development.

(Vicinity of 5475 Meredith Drive) B) From Unclassified to Low-Density Residential. (Vicinity of 843 Aurora Avenue) C) From Unclassified to Low-Density Residential. (Vicinity of E 49th Street and East

Madison Avenue) D) From Unclassified to Low-Density Residential. (Vicinity of 5055 East Douglas

Avenue) E) From Unclassified to Low-Density Residential. (Vicinity of E 51st Court and Easton

Boulevard) F) From Unclassified and Development Control Zone to Agricultural with Applicable

Development Control Overlay. (Vicinity of Highway 69 South of Iowa Highway 5) G) From Unclassified to Agricultural with Applicable Development Control Overlay.

(Vicinity of Clover Hill Drive South of Iowa Highway 5) H) From Unclassified to Agricultural with Applicable Development Control Overlay.

(Vicinity of Clover Hill Drive North of Iowa Highway 5)

I) Not used. J) From Unclassified to Low-Density Residential. (Vicinity of County Line Road and

Clover Hill Drive)



K) Addition of Development Control Zone designation to various areas that are subject to flood hazards based on most recent information and data. SUMMARY OF DISCUSSION There was no discussion CHAIRPERSON OPENED THE PUBLIC HEARING There was no one to speak in favor or in opposition of the applicant’s request. COMMISSION ACTION: CJ Stephens moved staff recommendation to approve the new 2020 Community Character Plan Future Land Use Plan GIS Layer, to revise and expand the future land use map to designate future land use for undesignated areas that have been annexed into the City and to add the development control zone classification for areas that are subject to flood hazards based on most recent information and data, as follows: A) From Unclassified to Commercial: Auto-Oriented Small-Scale Strip Development.

(Vicinity of 5475 Meredith Drive) B) From Unclassified to Low-Density Residential. (Vicinity of 843 Aurora Avenue) C) From Unclassified to Low-Density Residential. (Vicinity of E 49th Street and East

Madison Avenue) D) From Unclassified to Low-Density Residential. (Vicinity of 5055 East Douglas

Avenue) E) From Unclassified to Low-Density Residential. (Vicinity of E 51st Court and Easton

Boulevard) F) From Unclassified and Development Control Zone to Agricultural with Applicable

Development Control Overlay. (Vicinity of Highway 69 South of Iowa Highway 5) G) From Unclassified to Agricultural with Applicable Development Control Overlay.

(Vicinity of Clover Hill Drive South of Iowa Highway 5) H) From Unclassified to Agricultural with Applicable Development Control Overlay.

(Vicinity of Clover Hill Drive North of Iowa Highway 5)

I) Not used. J) From Unclassified to Low-Density Residential. (Vicinity of County Line Road and

Clover Hill Drive)

K) Addition of Development Control Zone designation to various areas that are subject to flood hazards based on most recent information and data.

THE VOTE: 12-0



***************************** *****************************

Item 7 Request from Luther Park Health Center, Inc. (owner) represented by Dennis Garland(officer) for a 6th Amendment to the Luther Park PUD Conceptual Plan located in the vicinity of 2906 East 16th Street to allow construction of a one-story addition for 10 memory care residential units to the west side of The Gardens assisted living facility along Hull Avenue. (ZON2012-00154) STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION 1. Purpose of Request: The applicant is seeking to expand the retirement campus for

Luther Park Center to add 10 memory care assisted living units and reconfigure the existing off-street parking area to accommodate displaced parking. The proposed addition would have the same setback from Hull Avenue as the existing building.

2. Size of Site: 10.96 acres. 3. Existing Zoning (site): “PUD” Planned Unit Development. 4. Existing Land Use (site): The subject property is a senior living campus that

provides residential units spanning from senior independent living apartments to assisted living apartments to memory care and convalescent care beds.

5. Adjacent Land Use and Zoning:

North – “R1-60” and “R-3”, Uses are single-family residential and Polk County youth shelter. South – “PUD” & “R1-60”, Uses are Grand View College Campus and single-family residential dwellings. East – “R1-60” and “R-3”, Uses are single-family residential dwellings. West – “PUD” & “R1-60”, Use is Grand View College Campus and single-family dwelling.

6. General Neighborhood/Area Land Uses: The subject property is in a transition

area between the Grand View College campus to the west and south and residential neighborhoods to the north and east.

7. Applicable Recognized Neighborhood(s): The subject property is within the Union

Park Neighborhood. This neighborhood was notified of the meeting by mailing of the Preliminary Agenda to all recognized neighborhoods on August 31, 2012. Additionally, separate notifications of the hearing for this specific item were mailed on August 31, 2012 (20 days prior) and September 10, 2012 (10 days prior to the scheduled hearing) to the Union Park Neighborhood Association and to the primary titleholder on file with the Polk County Assessor for each property within 250 feet of



the site. A Final Agenda for the meeting was mailed to all the recognized neighborhood associations on September 14, 2012. All agendas and notices are mailed to the primary contact person designated to the City of Des Moines Neighborhood Development Division by the recognized neighborhood association. The Union Park Neighborhood Association mailings were sent to Marsha Steele, PO Box 16113, Des Moines, IA 50316. The applicant held a neighborhood meeting at the Luther Park campus on Monday, September 10, 2012. The applicant will provide a summary of the meeting at the public hearing.

8. Relevant Zoning History: The property was zoned “PUD” by the City Council on

November 17, 2003. On November 11, 2004 the City Council approved an amendment to the PUD Conceptual Plan to allow for the subject three-story building with 32 independent senior living units and 19 assisted living units. On August 8, 2005 the City Council expanded the PUD zoned area to east of East 16th Street and approved a second amendment to the PUD Conceptual Plan to allow for an off-street parking lot intended primarily to serve employees and visiting nurses. On July 9, 2007, the City Council approved an amendment to the Conceptual Plan to expand the assisted living by 22 units.

9. 2020 Community Character Land Use Plan Designation: High Density

Residential.

10. Applicable Regulations: The application, accompanying evidence and Conceptual Plan amendment shall be considered by the Plan and Zoning commission at a public hearing. The Commission shall review the conformity of the proposed development with the standards of the Zoning Ordinance and with recognized principles of civic design, land use planning, and landscape architecture. At the conclusion of the hearing, the Commission may vote to recommend either approval or disapproval of the Conceptual Plan amendment as submitted, or to recommend that the developer amend the plan or request to preserve the intent and purpose of this chapter to promote public health, safety, morals and general welfare. The recommendations of the commission shall be referred to the City Council.


1. Drainage/Grading: The currently approved Conceptual Plan provided storm water

detention in the southeast portion of the site that was designed and constructed to accommodate the entire area of the PUD. In an effort to improve storm water problems that previously existed in the neighborhood area, the current design was a result of working with Grandview College to expand capacity of storm water detention on their campus immediately to the west to better control drainage that was passing through the site prior to improvements made in more recent years. Public storm sewer improvements within East Sheridan Avenue to the south have partially mitigated storm water problems along East 16th Street that were of concern when the Commission considered previous development under the PUD. The subject amendment proposal would not increase the amount of impervious surface for the development. The proposed design proposes that the existing storm



water management improvements will have adequate capacity for the new improvements. A final development plan will be required for the proposed site amendments. While not anticipated, modifications to the existing detention basin and/or other alternate storm water management methods may be required.

2. Landscaping & Buffering: Modifications to the existing off-street parking along Hull

Avenue will necessitate compliance with interior lot and parking lot perimeter landscaping in accordance with the Des Moines’ Landscape Standards for “R-3” Districts. The proposed amendment is seeking to preserve a large mature tree along the frontage of Hull Avenue. The applicants have consulted a Certified Arborist and Certified Tree Risk Assessor, Brandt Jelken, an employee of the Des Moines Botanical Center, to evaluate the proposed design of the additions and make recommendations to the design of the building addition and site work to ensure the health of the tree is protected. These measures are to be reflected in the final development plan.

3. Access or Parking: The proposed new units will generate a requirement three (3)

additional off-street parking spaces based on 10 beds and one (1) added employee. The net loss of spaces as a result of the addition will be 10 spaces. There would be 256 total off-street parking spaces provided for the development. A minimum of 158 parking space would be required under the off-street parking standards in the Zoning Ordinance.

4. Des Moines’ 2020 Community Character Plan: The existing High Density Residential future land use designation will accommodate the 10 bed increase in memory care units. The High Density designation allows for high and mid-rise buildings over 17 units per acre.

5. Urban Design: The subject one-story addition is proposed to be setback 26’ from

Hull Avenue. The addition is proposed with a hipped roof, and mirrors the brick, hardi-plank, hardi-trim, windows and architectural asphalt shingles of the existing building. The north and west facades are proposed with stone and brick at the first level with the gabled projections having a cement board overlap siding. There is a recessed courtyard area that also has the cement board material. The south façade interior to the campus would have primarily cement board material with some stone elements. The front courtyard toward Hull Avenue has a low stone site wall topped with a wrought-iron type fencing material. There is also a proposed wooden pergola within the recessed courtyard area. Staff does believe that the stone material should run along the lower edge of the gabled projections. When looking at the multiple-family design guidelines as a reference, staff believes that the proposed addition will conform the design of the existing building.

II. STAFF RECOMMENDATION TO THE PLAN AND ZONING COMMISSION AND

BASIS FOR APPROVAL Staff recommends approval of the requested amendment to the Luther Park Center PUD Conceptual Plan subject to the following modifications: 1. Revised to show the proposed plantings landscaping requirements as applicable to

“R-3” Districts for the reconfigured off-street parking and the perimeter area along Hull Avenue.



2. Revise the architectural elevations to provide of stone material at the lower edge of

the entire north and west facades at the foundation of the proposed addition. SUMMARY OF DISCUSSION There was no discussion CHAIRPERSON OPENED THE PUBLIC HEARING There was no one to speak in favor or in opposition of the applicant’s request. COMMISSION ACTION: CJ Stephens moved staff recommendation to approve the requested amendment to the Luther Park Center PUD Conceptual Plan subject to the following modifications: 1. Revised to show the proposed plantings landscaping requirements as applicable to

“R-3” Districts for the reconfigured off-street parking and the perimeter area along Hull Avenue.

2. Revise the architectural elevations to provide of stone material at the lower edge of

the entire north and west facades at the foundation of the proposed addition. THE VOTE: 12-0

***************************** ***************************************************************************************

PUBLIC HEARING ITEMS

ITEM 2

Request from Adam Senecaut for review and approval of a Site Plan “New World Café” under design guidelines in the “C-3B” District on property located at 223 East Walnut Street, to allow conversion of the first floor of the property to a restaurant use. The subject property is owned by MSL JCL, LLC. (10-2013-7.16) STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION 1. Purpose of Request: The proposed Site Plan would allow the main level of the

building to be converted from office to restaurant use. The two second floor dwelling units would remain.

2. Size of Site: 7,525 square feet (generally 66 feet by 116 feet). 3. Existing Zoning (site): “C-3B” Central Business Mixed Use District, Downtown

Overlay District, “CDO” Capitol Dominance Overlay District, “GGP” Gambling



Games Prohibition Overlay District, and “PSO” Pedestrian Oriented Sign Overlay District.

4. Existing Land Use (site): The site contains a two-story commercial building with

main level office space and two second floor dwelling units. 5. Adjacent Land Use and Zoning:

North – Limited “C-3”; Uses are office and warehousing. South - “C-3B”; Use is auto repair. East - “C-3B”; Use is office. West - Limited “C-3B”; Use is restaurant and dwelling units.

6. General Neighborhood/Area Land Uses: The surrounding area generally contains

a mix of commercial and residential uses in the eastern portion of the downtown. 7. Applicable Recognized Neighborhood(s): The subject property is located in the

Historic East Village Neighborhood. This neighborhood was notified of the Commission meeting by mailing of the Preliminary Agenda on August 31, 2012. A Final Agenda was mailed to the neighborhood associations on September 14, 2012. All agendas and notices are mailed to the primary contact(s) designated by the recognized neighborhood association to the City of Des Moines Neighborhood Development Division. The Historic East Village Neighborhood Association notices were mailed to Allyn Dixon, 699 Walnut Street, Des Moines, IA 50309. Additionally, separate notifications of the hearing for this item were mailed to the primary titleholder on file with the Polk County Assessor for each property within 250 feet of the site on September 10, 2012. The applicant is not required to hold a neighborhood meeting since the request is not for a rezoning.

8. Relevant Zoning History: NA. 9. 2020 Community Character Land Use Plan Designation: Downtown: Retail/Office

Core/Core Fringe. 10. Applicable Regulations: : In acting upon any Site Plan application for property

located within the “D-R” Downtown Riverfront District or “C-3B” Central Business Mixed-Use District, the Plan And Zoning Commission shall apply the design regulations in section 82-213 of this article and the design guidelines in this section. The decision to approve, approve subject to conditions or disapprove a proposed Site Plan shall be based upon the conformance of the Site Plan with such design regulations and the following guidelines. These guidelines shall be applied to the entire site when a new building is constructed or an existing building is expanded by more than 50 percent of its gross floor area as of the time it became part of the “D-R” Downtown Riverfront District or “C-3B” Central Business Mixed-Use District. If a building is expanded by less than 50 percent of its gross floor area as of the time it became part of the “D-R” Downtown Riverfront District or “C-3B” Central Business Mixed-Use District, then these guidelines shall apply only to the expansion of the building.



In acting upon any site plan application for development of property located within the Downtown Overlay District, the community development director (or plan and zoning commission if applicable) shall apply the regulations in section 82-213 of this article and the design guidelines in this section except as to those site plan applications for development of property located in the “R1-60” and “R-HD” zoning districts within the downtown overlay district. The decision to approve, approve subject to conditions or disapprove a proposed site plan shall be based upon the conformance of the site plan with such design regulations and the following guidelines. These guidelines shall be applied to the entire site when a new building is constructed or when an existing building is cumulatively expanded by more than 50% of its gross floor area as of the time it became part of the downtown overlay district. If a building is cumulatively expanded by less than 50% of its gross floor area as of the time it became part of the downtown overlay district, then these guidelines shall apply only to the expansion of the building.


1. “C-3B” District Design Guidelines: These additional design guidelines are

applicable to any development within the “C-3B” District.

1) Building Heights. Minimum height for all uses that are not built integral to the levee as part of the riverwalk redevelopment, should be the lesser of 36-feet or 3-stories. No additions are proposed to the existing two-story building.

2) Riverfront setbacks: Riverfront setbacks for all new construction (that is not built integral to the levee and as part of a riverfront park) should be a minimum of 100 (horizontal) feet from the high water mark of the river. Redevelopment adjacent to a riverfront park (not part of the levee reconstruction) should front a continuous public right-of-way. This could be either a road built to an urban standard, or an alternative profile of a minimum 20' width that clearly delineates a public right-of-way between new private development and the riverfront park. N/A.

3) Lighting: All new exterior lighting upon private property should be pedestrian in scale. The use of private overhead floodlighting is discouraged. There is a note on the Site Plan that all exterior lighting would be low-glare cut-off fixtures.

4) Residential building standards: New residential buildings should also comply with the following guidelines: a. Building front entrances should face public rights-of-ways. Those buildings

with river frontage should be oriented towards the riverfront (except when located above street level retail).



b. At least one building entrance for the residential uses should directly access the street when located above street-level retail.

c. Buildings should have a building frontage on the principal street of not less than 70 percent of the lot frontage on the principal street.

d. Buildings should have a maximum setback of 15 feet from the public right-of-way.

e. Service entrances, waste disposal areas and other similar uses should be located adjacent to service lanes and away from major streets and the public right-of-way adjacent to the river.

N/A.

5) Commercial building standards: New commercial buildings should also comply with the following guidelines: a. Buildings should have a building frontage on the principal street of not less

than 70 percent of the lot frontage on the principal street. b. A minimum of 70 percent of the building frontage should be set within one

foot of the front lot line. c. Building entrances on new development sites that have river frontage (and

are not integral to the levy), should be oriented both towards the riverfront and the primary street.

d. Service entrances, waste disposal areas and other similar uses should be located adjacent to service lanes and away from major streets and the public right-of-way adjacent to the river.

e. Restaurants may operate outdoor cafes on public sidewalks while maintaining pedestrian circulation subject to obtaining an areaway permit.

No additions to the existing two-story building are proposed. The building has 100% frontage along East 3rd Street and 35% frontage along East Walnut Street. It has zero setback from these lot lines.

6) Storage of any and all materials and equipment should take place within completely enclosed buildings. All open areas should be paved or landscaped, properly maintained and kept free from refuse and debris. All refuse collection containers and dumpsters should be enclosed on all sides by the use of a permanent wall of wood, brick, or masonry. The enclosure, including any gates for pedestrian and/or disposal truck access, should be constructed to provide at least a 75% opaque screen of the receptacle from any street. No outdoor storage of materials or equipment is proposed. The site contains an existing dumpster near the alley along the west wall of the building, which screens it from East 3rd Street. The site contains two privacy fences that enclose the west side yard and screen the dumpster from view from East Walnut Street. If these privacy fences are removed or replaced with fencing that is not opaque the dumpster must be enclosed in a permanent enclosure.

7) All open areas not used for off-street loading or parking should be landscaped in accordance with the Des Moines Landscape Standards. (See Site Plan



Landscape Policies) The open space to the west of the building is enclosed by a privacy fence along the north and south perimeters of the property. Plant material is provided along the edge of the north fence to soften its appearance from East Walnut Street.

8) Access doors for any warehouse use and any loading docks should not front on any public street. That portion of a building fronting on a public street should be used in an office or other commercial use. No warehouse use or loading docks are proposed. The building has two overhead doors that access garage space for the dwelling units.

2. Downtown Overlay District Design Guidelines: These additional design

guidelines are applicable to any development within the Downtown Overlay District.

A) Projects should demonstrate understanding of the micro and macro context for the project by offering place specific solutions for materiality, massing, uses, fabric and climate that are consistent with the vision of the “What’s Next Downtown Plan”. In most cases, corporate prototype architecture may not be an acceptable design. The historic building stock found in the East Village provide a unique character. The continued use of the subject building supports this character and the goals of the “What’s Next Downtown Plan.”

B) Low Impact development techniques should be utilized which implement site water quality control solutions, using materials which are locally available and creating projects which minimize energy consumption. The renovation and reuse of existing buildings is a sustainable practice. This practice reduces the need for new construction products to be manufactured and shipped and reduces the amount of material sent to the landfill.

C) Connectivity between adjacent properties should be provided or demonstrated for both pedestrian and vehicular circulation. Class “A” sidewalks are typical of the downtown and necessary to support pedestrian connectivity in an urban downtown environment. The site contains a Class “A” sidewalk along East Walnut Street but not along East 3rd Street. Staff believes that a Class “A” sidewalk with street trees should be provided along East 3rd Street.

D) The incorporation of ‘soft (green) spaces’ on site is encouraged.

E) Where feasible, projects should provide outdoor spaces for people gathering. The site contains a turf covered open space to the west of the building that is fenced off and is utilized by the tenant of the second floor dwelling units. Staff believes that additional open space is not warranted.



F) If feasible, connections to adjoining bike paths or on-street bike facilities and on-

site bike racks should be provided in close proximity to building entrances. The submitted site plan does not comply with this guideline, as no on-site bike racks are proposed. Staff recommends that a bike rack be provided within East Walnut Street right-of-way so long as the placement is approved by the City’s Traffic & Transportation Division.

G) Building heights. Minimum height for all uses should be the lesser of 36 feet or three stories. No additions are proposed to the existing two-story building.

H) Bulk standards, building setbacks, orientation, frontage and residential access: 1. All buildings with river frontage should orient towards the river and have

building entrances that are oriented to the river and primary street(s). N/A.

2. All buildings without river frontage should have entrances oriented toward primary street(s). The primary entrance is located on the northeast corner of the building facing the intersection of East Walnut Street and East 3rd Street.

3. All buildings should have frontage on principal street(s) of not less than 70 percent of the lot.

4. For commercial and mixed-use buildings, at least 70 percent of the building frontage should be within one foot of the property line. No additions to the existing two-story building are proposed. The building has 100% frontage along East 3rd Street and 35% frontage along East Walnut Street. It has a zero setback from these property lines.

5. At least one building entrance for residential uses should directly access the street when a residential use is located above street-level retail or commercial uses. The second floor dwelling units are accessed from East 3rd Street.

6. For residential buildings, a maximum setback of 15 feet from the public right-of-way is permitted unless superseded by bulk regulations of the underlying zoning district (i.e. R-HD Residential Historic District, R1-60 Low Density Residential District, etc.). N/A.



I) Storage of all materials and equipment should take place within completely enclosed buildings. No outdoor storage is proposed.

J) All refuse collection containers and dumpsters should be enclosed on all sides by the use of a permanent wall of wood, brick or masonry and steel gates which are compatible in design with the principal structure. The site contains an existing dumpster near the alley along the west wall of the building, which screens it from East 3rd Street. The site contains two privacy fences that enclose the west side yard and screen the dumpster from view from East Walnut Street. If these privacy fences are removed or replaced with fencing that is not opaque the dumpster must be enclosed in a permanent structure.

K) All open areas not used for off-street loading or parking should be landscaped in accordance with the Des Moines Landscape Standards for C-3 districts.

L) Access doors for any warehouse use and any loading docks should not front on any public street.

M) Gas stations/convenience stores should be limited to no more than six pumps and allow no more than 12 vehicles to be fueled at one time.

N) Gas stations / convenience stores and canopies, drive-thru facilities for restaurants, banks, parking garages and other auto-dominant uses should not front or have vehicular access on or to a pedestrian corridor as designated in the downtown pedestrian corridor map on file in the office of the city clerk as approved by city council resolution.

O) Existing curb cuts should be consolidated to the minimum number necessary and be located as directed by the city traffic engineer and community development director. N/A.

P) Parcels proposed for development that are greater than two acres should be rezoned to a planned unit development (PUD) zoning classification. N/A.

Q) Auto-dominant uses as described in guideline “N” above should be located in a mixed use commercial center and with buildings possessing a unified commercial design. N/A.

R) Parking ramps should either include ground floor retail or commercial space, be designed for conversion to retail or commercial space, or have significant architectural detail. N/A.



3. Access or Parking: The site contains a non-conforming gravel parking area near the alley. All off-street parking is required to be paved and striped. Staff recommends this be a condition of approval of the site plan.

4. Landscaping: The Site Plan must be revised to provide Parkway Plantings as required by the City’s Landscape Standards along East Walnut Street and East 3rd Street. This typically requires one (1) over story deciduous tree per 30 lineal feet to be located within a 4-foot by 10-foot planter bed, 1 foot back of curb with a 6-foot walkway. Ornamental trees can be used where aerial utility lines exist. Staff understands there may be physical impediments in providing a second bed along East Walnut Street. Staff recommends that approval be subject to the provision of the second planter bed and street tree unless the Planning Director determines it is unfeasible due to physical constraints.


BASIS FOR APPROVAL Staff recommends approval of the submitted Site Plan under Design Guidelines for the “C-3B” District subject to the following:

1. Compliance with all administrative review comments of the City’s Permit and Development Center.

2. Provision of a Class “A” sidewalk along East 3rd Street with Parkway Plantings equivalent to one (1) tree per 30 lineal feet located in a 4-foot by 10-foot planter bed, 1 foot back of curb.

3. Provision of a second planter bed and street tree along East Walnut Street unless determined unfeasible due to physical constraints by the Planning Administrator.

4. The Site Plan shall be amended at any time than an outdoor patio is proposed.

5. The Site Plan shall provide at least one bike rack within East Walnut Street right-of-way so long as its placement is approved by the City’s Traffic & Transportation Division.

6. Any refuse collection container visible from a public street shall be screened by a permanent enclosure constructed with masonry and steel gates.

7. Any off-street parking area shall be paved and striped.

8. Any signage shall be in accordance with the sign regulations applicable to the “C-3B” District regulations unless the Zoning Board of Adjustment grants relief of these regulations.

SUMMARY OF DISCUSSION Erik Lundy presented staff report and recommendation. Dann Flaherty asked for confirmation that pavement is required on all parking areas.



Erik Lundy stated yes pavement is required on all parking areas. Dann Flaherty asked if the applicant is arguing that it is not a parking area. Erik Lundy stated staff is recommending a condition that any off street parking area be paved and striped. If it is not parking then it should be restored to grass, etc. Mike Ludwig asked staff to review the code to clarify the screening requirement as to whether it is only from a public street or public right-of-way. Jim Larew 228 Woolf Avenue, Iowa City, IA stated he is one of the owners. They have three concerns. First the tree planting, second the lineal improvement to E. 3rd Street, and third the parking in back. He ask if it is necessary that all of the conditions are met before an occupancy permit is allowed, can there be a reasonable timeframe to complete the things needed to be completed. Also, is it necessary for a use that has been accepted by the City for a long period of time on the parking to impose paving of the parking area in the back where the use has been otherwise for a very long period of time. They ask that the Commission consider an alternative to the staff recommendations. Erik Lundy stated that he belives that the applicant would not be able to get a complete certificate of zoning compliance until the requirements are met. However, there have been situations where temporary certificates have been issued. Staff suggests the Commission give clear scheduling on the plan they approve if it differs from the requirements in order to have the ability to enforce over time. Dann Flaherty asked how date certain does a proposal have to be. Mike Ludwig asked how long is the building permit good for. Erik Lundy stated that building permit is good for a year and can be extended. Mike Ludwig asked if the compliance dates can be tied to the life of the building permit. Erik Lundy stated that the critical issue is a complete certificate of zoning compliance cannot be issued until all requirements are met. If that is critical to their finance then that would be an issue. John “Jack” Hilmes asked was their a site plan approval process involved with the previous renovation of the structure and if so was their a parking lot provision enforced. Erik Lundy stated that the “C3-B” district and associated site plan requirement has not been in place for very long. The previous renovations would have been prior to the “C3-B” zoning of the area. Ted Irvine asked does the gravel lot figure in the parking ratio for the restaurant. Erik Lundy stated that there is no requirement for parking at the present. If the area is going to be used as parking, staff is recommending that it should be paved. If they are only going to park 2 cars in that area then the 2 spaces will need to be paved and the rest of the area restored.



Mike Ludwig stated the purpose of the site plan is to gain compliance with these issues. This may be the one and only chance to get compliance on this site. Ted Irvine asked if there is an opportunity for compromise with street trees and plantings. Suggested a raised planter that does not require a lot of paving to moderate some of the cost of paved parking. Jim Larew suggested a herb garden can be very appropriate along the east wall for this type of use. JoAnne Corigliano asked if a grease trap is being required. Jim Larew stated yes the tenant is being required to put in a new fats, oil, grease interceptor. This is a vegan restaurant and they have no grease. It is very expensive to put in grease trap in order to be in compliance. Ted Irvine asked when the storm system cannot handle the water does it come up through the drain or through the wall. Jim Larew stated that previously tremendous pressure blew the floor drain out and it was repaired and then the check valve blew out the second time. Greg Jones asked for clarification of what the applicant was asking the Commmission to consider. Jim Larew asked that another planter not be required on Walnut Street because of electrical lines (Item 3) He proposes an alternative that is less expensive. Can they get more time to provide a sidewalk along E. 3rd Street (Item 2). Finally can they avoid the requirement of paving the parking area in the rear (Item 7). The other conditions they are in agreement with. Erik Lundy stated code requires the enclosure completely screen the receptacle from any street or PUD or PDP district. JoAnne Corigliano suggested that a bike rack serve as an alternative to another planter on condition 3. Mike Ludwig stated that staff is willing to look at alternative compliance to another planter on condition item 3. CJ Stephens asked after knowing this property has had some storm water issues does it make sense for the applicant to put in more concrete. More concrete means more runoff. CHAIRPERSON OPENED THE PUBLIC HEARING There was no one to speak in favor or in opposition of the applicant’s request.



CHAIRPERSON CLOSED THE PUBLIC HEARING Ted Irvine commented that there are gravel parking lots all over the City that the Commission would like to see paved and he believes that someone else will come to the Commission and we will insist that they pave their parking lot. He understands that this will be the only time there will be a chance to get this lot paved. COMMISSION ACTION: Greg Jones moved to approve the submitted Site Plan under Design Guidelines for the “C-3B” District subject to the following:

1. Compliance with all administrative review comments of the City’s Permit and Development Center.

2. The applicant will be given up to one year to provide a Class “A” sidewalk along East 3rd Street with Parkway Plantings equivalent to one (1) tree per 30 lineal feet located in a 4-foot by 10-foot planter bed, 1 foot back of curb.

3. In lieu of a second planter bed and street tree along East Walnut Street staff will work with the applicant for an alternative planting arrangement.

4. The Site Plan shall be amended at any time that an outdoor patio is proposed.

5. The Site Plan shall provide at least one bike rack within East Walnut Street right-of-way so long as its placement is approved by the City’s Traffic & Transportation Division.

6. Any refuse collection container visible from a public street shall be screened by a permanent enclosure constructed with masonry and steel gates.

7. If there are more than two parking spaces in the rear the area, the parking shall be paved and striped. The remaining area is to be restored to grass, etc.

8. Any signage shall be in accordance with the sign regulations applicable to the “C-3B” District regulations unless the Zoning Board of Adjustment grants relief of these regulations.

THE VOTE: 11-1 (Vicki Stogdill voted in opposition)

************************* *************************

Jacqueline Easley left the meeting @ 6:40 p.m. Item 3 Request from Strollo Development, LLC (purchaser) represented by Jennifer Carney (officer) to rezone property located at 2419 Southeast 14th Street. The subject property is owned by Randall Boyd:



A) Determination as to whether the proposed amendment is in conformance with the Des Moines’ 2020 Community Character Plan.

B) Rezone to remove the “VDL” Vehicle Display Lot Overlay District from the subject

property to allow expansion of the RV sales lot from the adjoining property to the north at 2401 Southeast 14th Street. (ZON2012-00147)

STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION 1. Purpose of Request: The applicant operates a non-conforming recreational vehicle

sales lot, Des Moines RV, on the property located at 2401 Southeast 14th Street. The subject property contains a building that is currently being leased to a cabinet making business. The concept sketch submitted indicates that the Sales would continue to be handled out of the applicant’s building at 2401 SE 14th Street with the removal of the building on the subject property.

2. Size of Site: 1.237 acres. 3. Existing Zoning (site): “C-2” General Retail and Highway Oriented Commercial and

the “VDL” Vehicle Display Lot Overlay District. 4. Existing Land Use (site): Custom kitchen and cabinetry business. This was

determined to be vacant by Zoning Enforcement inspection staff on June 1, 2012. 5. Adjacent Land Use and Zoning:

North – “C-2”, Use is Des Moines RV sales lot. South – “C-2”, Use is a single-family dwelling that includes an office. East – “R1-60”, Uses are single-family residential. West – Limited “C-2”, Use is a J.D. Byrider used vehicle display lot.

6. General Neighborhood/Area Land Uses: The subject property is located along the

Southeast 14th Street commercial corridor. This area is generally characterized by highway oriented commercial development along Southeast 14th Street with mixed densities of residential development adjoining the corridor.

7. Relevant Zoning History: On May 23, 2007 the City Zoning Enforcement Section

issued a violation to the owner of the subject property for having a display lot for RVs without a certificate of zoning compliance and without being developed in accordance with an approved Site Plan.

On January 17, 2008, the Plan and Zoning Commission approved a Site Plan under vehicle display lot design guidelines allowing expansion of the RV sales lot to the north onto the subject property. This approval was subject to the following conditions.



1. Addition of a note stating, “All display areas will clearly marked by a painted perimeter stripe.”

2. Addition of a note stating, “No elevated display of motor vehicles in any required front yard.”

3. Provision of a minimum of 10 off-street parking spaces for customers and employees on the northern parcel (2401 SE 14th Street).

4. Provision of bufferyard plantings and a 75% opaque fence along the south perimeter of the site.

5. Plantings along SE 14th Street are moved generally 2’ to the east. 6. Identification of all trash enclosures with final locations approved by the

Community Development Director. 7. Prohibition of the use of the southern parcel (2419 SE 14th Street) for vehicle

display until approval of a final Site Plan and installation of all required site improvements including landscaping and paving.

8. Provision that the applicant work with staff to ensure that lighting complies with Code.

9. Provision that Bishop Engineering sign off on the project once it is completed to ensure it meets the site plan.

A revised Site Plan was finalized to comply with these conditions with approval by the Planning Director on February 29, 2008. Subsequently, the City Council adopted the Vehicle Display Lot Overlay District on September 28, 2009. The City Council adopted Ordinance No. 14,897 to apply the “VDL” Vehicle Display Lot Overlay District designation to all properties fronting Southeast 14th Street and East 14th Street. This prohibited new vehicle display lots or expansions onto property not owned at the time of the adoption. No action had been taken by the developer to commence improvements in accordance with the approved Site Plan by March 1, 2010. Section 82-216(b) of the City declares that an approved Site Plan becomes void if development does not commence within a two-year period. Therefore, the prohibition of display lot expansion by the “VDL” Overlay District went into effect for the subject property on March 1, 2010.

8. Vehicle Display Lot Overlay District Regulations: The following are the “VDL”

Vehicle Display Lot Overlay District states:

Sec. 134-1260. Statement of Intent. There exist within the City of Des Moines segments of commercial corridors wherein the concentration of vehicle display lots has reached a level that has discouraged investment and reinvestment in other uses in the area. As retail and service businesses close and property values within the affected corridors decline or fail to rise with the overall market, the most profitable use of the vacant properties is often for additional vehicle display lots. This further increases the concentration of vehicle display lots and their impact on other properties.



The creation or expansion of vehicle display lots is generally prohibited in the VDL vehicle display lot overlay district. It is expected that over time the concentration of vehicle display lots will decline through attrition and conversion to other uses, and the detrimental impact of the remaining vehicle display lots will decline as vehicle display lots are upgraded over time to the current landscaping and setback standards.

Sec. 134-1261. Application of VDL Vehicle Display Lot Overlay District.

(a) Property may be zoned to the VDL vehicle display lot overlay district when

the City Council has made a determination that at least one of the following conditions exist within the corridor along which the property is located: (1) The corridor or portion thereof to be rezoned to the VDL overlay district

contains a high concentration of vehicle display lots and the concentration of vehicle display lots has reached a level where it is discouraging, or with any increase is likely to discourage, further investment and reinvestment in other uses along the corridor.

(2) The use of the required front yard for vehicle display is contrary to the predominant character of the corridor or portion thereof to be rezoned to the VDL overlay district, and would detrimentally impact that character and property values along the corridor.

(b) The City Council, after review and recommendation by the Plan and Zoning Commission, may consider removal of the VDL vehicle display lot overlay district designation from a specific parcel, if the Council finds that the above conditions no longer exist or that the proposed use demonstrates provision of exceptional setbacks, landscaping and other site amenities that mitigate the visual impact of the vehicle display lot from the corridor.

Sec. 134-1262. Limitations on Permitted Uses. (a) Property in the VDL vehicle display lot overlay district shall continue to be

subject to all the zoning regulations applicable in the underlying zoning district, except as otherwise specifically provided in this division. Where this division identifies a more restrictive requirement than is otherwise applicable in the underlying zoning district, the more restrictive requirement of this division shall control. Any property used in common with property in the VDL district shall be subject to the limitations of the VDL district as provided in section 134-1276(h).

(b) Except as provided in paragraph (c), no vehicle display lot shall be created or expanded and no site plan shall be approved for the creation or expansion of a vehicle display lot within the VDL overlay district.

(c) An vehicle display lot which was a lawful use when rezoned to the VDL overlay district and has not been discontinued for more than six (6) months or abandoned, may be redeveloped or expanded provided that: i) such redevelopment or expansion is entirely upon adjoining land or upon land separated only by an intervening alley, which is owned of record by the owner of the portion of such land devoted to the vehicle display lot when such land was rezoned to the VDL overlay district; and, ii) the entire vehicle display lot as so redeveloped or expanded conforms with the applicable zoning and site plan requirements.



9. Applicable Recognized Neighborhood(s): The subject property is located in the

Pioneer Park Neighborhood and is also within 250 feet of the Indianola Hills Neighborhood. These neighborhoods were notified of the meeting by mailing of the Preliminary Agenda to all recognized neighborhoods on August 21, 2012. Additionally, separate notifications of the hearing for this specific item were mailed on August 17, 2012 (20 days prior) and August 28, 2012 (10 days prior to the originally scheduled September 6, 2012 hearing) to Pioneer Park Neighborhood Association. Indianola Hills Neighborhood Association and to the primary titleholder on file with the Polk County Assessor for each property within 250 feet of the site. A Final Agenda for the meeting was mailed to all the recognized neighborhood associations on August 31, 2012.

All agendas and notices are mailed to the primary contact person designated to the City of Des Moines Neighborhood Development Division by the recognized neighborhood association. The Pioneer Park Neighborhood Association mailings were sent to Carole Jones, 1603 Pioneer Road and the Indianola Hills Neighborhood Association mailings were sent to Nancy Watson, 326 East Broad Street. The applicant scheduled a neighborhood meeting on-site for Wednesday, September 5, 2012. This included invitation to the Pioneer Park Neighborhood Association, Indianola Hills Neighborhood Association and to the primary titleholder on file with the Polk County Assessor for each property within 250 feet of the site. The applicant discussed a summary of the neighborhood meeting discussion at the September 6, 2012 Commission hearing. A letter of support was received from the Pioneer Park Neighborhood Association at that hearing as well.

10. 2020 Community Character Land Use Plan Designation: Commercial: Auto-

Oriented Small-Scale Strip Development. 11. Applicable Regulations: Applicable Regulations: The Commission reviews all

proposals to amend zoning boundaries or regulations within the City of Des Moines. Such amendments must be in conformance with the comprehensive plan for the City and designed to meet the criteria in 414.3 of the Iowa Code. The Commission may make recommendations to the City Council on conditions to be made in addition to the existing regulations so long as the subject property owner agrees to them in writing. The recommendation of the Commission will be forwarded to the City Council. Should the proposed rezoning be approved, any future use of the site for a vehicle display lot would be subject to review and approval of a Site Plan under the design guidelines for vehicle display lots by the Plan & Zoning Commission, including the following: In acting upon any site plan application that includes improvements to property used for display, hire, rental or sales of motor vehicles in a commercial zoning district, the Plan and Zoning Commission shall apply the design standards in section 82-213 and the additional standards set forth below. The decision to approve, approve subject to conditions or disapprove a proposed site plan shall be based upon the conformance of the site plan with such design standards:

1) The construction and use of the site will have no significant detrimental impact on the use and enjoyment of adjoining residential uses, if any.



2) The proposed development shall satisfy the open space and bufferyard requirements for development in the "C-2" district set forth in the Landscape Standards in the adopted site plan policies.

3) Any portion of the property to be used for outside storage, display or parking of vehicles shall:

a) contain at least one-half acre of land. b) conform with the parking lot/display lot requirements for development

in the "C-2" district set forth in the landscape standards in the adopted site plan policies.

c) be surfaced with an asphaltic or Portland cement binder pavement as shall be approved by the city engineer, so as to provide a durable and dustless surface and shall be so graded and drained as to dispose of all surface water accumulation within the area.

d) incorporate curbs or other substantial permanent barriers to prevent

encroachment of the vehicles into the required setback and landscape areas.

Precast wheel stops and other barriers that can be readily moved are not

acceptable.

4) There shall be no elevated display of motor vehicles in any required front yard.

5) The employee and customer parking area shall be clearly designated and shall not be used for the parking, storage or display of motor vehicles for sale, rental or hire.

6) All portions of the property used for the outside parking, display or storage of motor vehicles for sale, rental or hire shall be identified on the site plan and the perimeter shall be striped or otherwise conspicuously marked on the parking surface.

II. ADDITIONAL APPLICABLE INFORMATION 1. Staff Rationale: Staff does not believe that there has been a significant reduction in

the concentration of vehicle display lots on the region of Southeast 14th Street in which the subject property is located. The proposed expansion would increase the amount of display on the corridor and would not improve the predominant character of the corridor. The applicant has resubmitted the development concept since the hearing on September 6, 2012. The street setbacks are proposed at 27 feet on the west and north boundaries of the overall site and the bufferyard setbacks are shown at 17 feet. This represents a 7-foot increase over the minimum standards of 20 and 10 feet respectively. This would help accommodate the longer overhangs of the RVs that will be sold. The proposed conceptual landscaping material is still less than the minimum required by the Des Moines’ Landscaping Standards for sites with this large of and area. If the rezoning is to be approved, staff recommends that it be conditioned upon the applicant providing the 27-foot and 17-foot setbacks as proposed, and providing landscaping material in excess of minimum standards. This would be determined by the Commission at Site Plan review.



2. 2020 Community Character Land Use Plan: The proposed conversion of the property to a vehicle display lot would not be consistent with the 2020 Community Character Plan’s future land use designation of Commercial: Auto-Oriented Small-Scale Strip Development, unless the “VDL” Overlay is removed.

3. Landscaping & Buffering: The proposed concept landscaping does not meet the

minimum planting requirements. The totals are deficient of four (4) overstory trees and 10 evergreen trees. Staff recommends that as a condition of approval, that landscaping materials exceed the minimum standards to be determined at Site Plan review.

4. Access or Parking: The property currently has developed two-way access from

Southeast 14th Street. Due to the existing median in Southeast 14th Street this only provides right-in/right-out access. The proposed concept indicates that this access would be eliminated with all access coming from the existing site to the north.

The existing display lot currently has two-way access driveways on both Southeast 14th Street and East Lacona Avenue. The Southeast 14th Street access for this property is also limited to right-in/right-out access due to the median. The north driveway onto East Lacona Avenue is the main access that would provide access for southbound traffic on Southeast 14th Street. It is not anticipated that any Site Plan would require placing drive approaches closer to residential properties than the existing drive approaches. The subject property as currently developed does not have any paved area for display or off-street parking. Should the “VDL” Overlay be removed, the entire existing Site on 2401 Southeast 14th Street and the proposed expansion on 2419 Southeast 14th Street would be required to have paved parking, display areas, maneuvering aisles, and landscaping.

II. STAFF RECOMMENDATION TO THE PLAN AND ZONING COMMISSION AND

BASIS FOR APPROVAL Part A) Staff recommends that the Commission find the requested rezoning with conditions in conformance with the Des Moines’ 2020 Community Character Plan. Part B) Staff recommends approval of the requested rezoning to remove the “VDL” Vehicle Display Lot Overlay District from the subject property subject to the owner agreeing to the following conditions: 1. Provision of 27-foot minimum paving setbacks along the Southeast 14th Street and

East Lacona Avenue frontages, and 17-foot minimum paving setbacks along the south and east property lines.

2. Provision of landscaping materials in excess of minimum requirements of the Des

Moines’ Landscaping Standards to be determined by the Commission at Site Plan review.



SUMMARY OF DISCUSSION Erik Lundy presented staff report and recommendation. The site plan will have to come back to the Commission if the vehicle display lot overlay district is removed. Chuck Bishop 3501 104th Street in Urbandale, Bishop Engineering representing Strollo Development reviewed the changes they have made since the previous time they came before the Commission. They are in agreement with staff recommendations. Tim Fitzgerald asked about the screening to the house. Chuck Bishop stated they will be using wooden fence plus the addition of the trees. CJ Stephens commented that the plant material listed the Conifers and evergreens which have a low survival rate in the midwest. She suggested they consider other material. Mike Ludwig stated that until the Landscape Standards are amended the requirement is a mix that includes evergreens and deciduous plantings. CJ Stephens suggested looking at the shrubs used along the highway. CHAIRPERSON OPENED THE PUBLIC HEARING There was no one to speak in favor or in opposition of the applicant’s request. CHAIRPERSON CLOSED THE PUBLIC HEARING Tim Fitzgerald stated that the neighborhood is excited about this project and believes that this will set a good standard. JoAnne Corigliano commented that just knowing the neighborhood is for this project shows the applicant has presented a very nice plan. Because the vehicle display overlay district has been something she has fought for she will be abstaining from the vote. COMMISSION ACTION: Tim Fitzgerald moved staff recommendation Part A) to find the requested rezoning with conditions in conformance with the Des Moines’ 2020 Community Character Plan; and Part B) approval of the requested rezoning to remove the “VDL” Vehicle Display Lot Overlay District from the subject property subject to the owner agreeing to the following conditions: 1. Provision of 27-foot minimum paving setbacks along the Southeast 14th Street and

East Lacona Avenue frontages, and 17-foot minimum paving setbacks along the south and east property lines.



2. Provision of landscaping materials in excess of minimum requirements of the Des Moines’ Landscaping Standards to be determined by the Commission at Site Plan review.

THE VOTE: 9-1-1 (Dann Flaherty voted in opposition and JoAnne Corigliano abstained)

***************************** *****************************

Item 4 Request from Jeff Nicholson (owner) to rezone property located at 909 East 27th Street: A) Determination as to whether the proposed amendment is in conformance with the

Des Moines’ 2020 Community Character Plan. B) Amend the Des Moines’ 2020 Community Character Plan to revise the future land

use designation from Low-Density Residential to Commercial: Auto-Oriented Small-Scale Strip Development. (21-2012-4.09)

C) Rezone from “R1-60” One-Family Low-Density Residential District to “C-1”

Neighborhood Retail Commercial District, to allow expansion of the existing outdoor power equipment business from the adjoining property to the north at 913 East 27th Street and 2715 East University Avenue. (ZON2012-00150)

STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION 1. Purpose of Request: The proposed rezoning would allow expansion of the existing

lawn mower repair and outdoor power equipment business (P & P Small Engines). If the rezoning is approved, the proposed expansion could only include outdoor storage if the Zoning Board of Adjustment grants a Variance of the requirement in the “C-1” Zoning District (City Code Section 134-844(1)) that storage of any and all materials and equipment shall take place within completely enclosed buildings. Should the rezoning be denied, the applicant could apply for a Use Variance for consideration by the City’s Zoning Board of Adjustment. While staff is not prepared to make a recommendation on such at this time, potential benefits of a Use Variance instead of a rezoning include that a sunset date (time limit) could be established and that the Use Variance could be revoked by the Zoning Board of Adjustment if the use creates a nuisance for surrounding property owners.

2. Relevant Zoning History: On June 7, 2012, the City’s Zoning Enforcement Division

cited the property for containing a commercial use (outdoor storage on a non-dustless surface), which is not permitted in the“R1-60” One-Family Low-Density Residential District. The commercial use includes outdoor storage of materials and equipment. At that time, the Zoning Enforcement Division also cited the properties known as 913 East 27th Street and 2715 East University Avenue (zoned “C-1” District) for having outside storage of equipment and materials associated with a lawn mower repair shop use.



3. Size of Site: 50 feet by 132 feet (6,600 square feet). 4. Existing Zoning (site): “R1-60” One-Family Low-Density Residential District. 5. Existing Land Use (site): Single-family residential use with non-permitted outdoor

storage in the rear yard. 6. Adjacent Land Use and Zoning:

North – “C-1”, Uses are P & P Small Engines and a single-family dwelling. South – “R1-60”, Uses are a levee system and City owned floodway. East – “R1-60”, Use is a single-family dwelling. West – “C-1”, Use is the D.A.V. Thrift Store and parking lot.

7. General Neighborhood/Area Land Uses: The subject property is located on the

fringe of the East University major commercial corridor, where uses transition to low-density residential.

8. Applicable Recognized Neighborhood(s): The subject property is located in the

Fairground Neighborhood. This neighborhood was notified of the Commission meeting by mailing of the Preliminary Agenda on August 31, 2012. A Final Agenda was mailed to the neighborhood associations on September 14, 2012. All agendas and notices are mailed to the primary contact(s) designated by the recognized neighborhood association to the City of Des Moines Neighborhood Development Division. The Fairground Neighborhood Association notices were mailed to Sharon Cooper, PO Box 8057, Des Moines, IA 50301. Additionally, separate notifications of the hearing for this item were mailed to the primary titleholder on file with the Polk County Assessor for each property within 250 feet of the site on September 10, 2012. On September 7, 2012, the applicant held their required neighborhood meeting (attended by approximately 14 residents).

9. 2020 Community Character Land Use Plan Designation: Low-Density

Residential.

10. Applicable Regulations: The Commission reviews all proposals to amend zoning regulations or zoning district boundaries within the City of Des Moines. Such amendments must be in conformance with the comprehensive plan for the City and designed to meet the criteria in §414.3 of the Iowa Code. The Commission may recommend that certain conditions be applied to the subject property if the property owner agrees in writing, prior to the City Council Hearing. The recommendation of the Commission will be forwarded to the City Council.



II. ADDITIONAL APPLICABLE INFORMATION 1. 2020 Community Character Plan: The requested rezoning to “C-1” District would

require that the current Des Moines’ 2020 Community Character Plan future land use designation be amended from Low-Density Residential to Commercial: Auto-Oriented Small-Scale Strip Development.

2. Fairground Neighborhood Action Plan: The proposed rezoning conflicts with

specific goals contained in the neighborhood plan as adopted by the City Council in 1998. A goal listed on page 19 states the intent to “limit the impact of commercial development along East University Avenue on residential property”. Staff believes that the proposed rezoning to allow expansion of the existing business along East University Avenue would negatively impact adjoining residential uses. Furthermore, a goal listed on page 21 states the intent to “preserve existing character in areas of the neighborhood which are single-family residential in character while designating an appropriate amount of land for future commercial and industrial growth. While it could be argued that the proposed rezoning is necessary in achieving the goal of “designating an appropriate amount of land for commercial growth”, staff believes that the current 180-foot depth of “C-1” District zoning along the south side of East University Avenue is appropriate for commercial uses. Staff believes that extending the commercial zoning 50 further to the south to allow outdoor storage of materials and equipment would not preserve the residential character of the surrounding properties.

3. Site Plan Requirements: Any expansion of the P & P Small Engines business

would be subject to administrative review and approval of a Site Plan by the City’s Permit & Development Center. The site plan must be in accordance with all requirements, including those pertaining to landscaping, stormwater managements, setbacks, screening, paving materials, etc., unless the Zoning Board of Adjustment grants waiver to certain requirements.


BASIS FOR APPROVAL Part A) Staff recommends that the requested rezoning be found not in conformance with the Des Moines’ 2020 Community Character Plan future land use designation. Part B) Staff recommends denial of the request to amend the Des Moines’ 2020 Community Character Plan to revise the future land use designation from Low-Density Residential to Commercial: Auto-Oriented Small-Scale Strip Development. Part C) Staff recommends denial of the request to rezone the site from “R1-60” One-Family Low-Density Residential District to “C-1” Neighborhood Retail Commercial District. SUMMARY OF DISCUSSION Erik Lundy presented the staff report and recommendation. Greg Jones asked what will happen if the Commission agrees with staff.



Erik Lundy stated if the Commission approves the zoning. The applicant will still have to go to the Zoning Board of Adjustment to seek variance for outdoor storage. Without the expansion they could go to the Board of Adjustment and ask for a variance for the provision that prohibits outdoor storage. Staff recommended that the applicant seek to rezone the entire section for their expansion first. Jeff Nicholson 2715 E. University stated he is seeking rezoning because he would like to operate as he has been operating. In the future they would like to add a building on the property to have adequate space for a showroom. Christine Pardee asked if the applicant met with the neighborhood. Jeff Nicholson stated at the neighborhood meeting most of the people were from the Fairground Neighborhood Association who sent a letter stating they support the applicant’s request but they would like for the applicant to put a screen up possibly or a privacy fence to prevent any more complaints from neighbors. Christine Pardee asked if the applicant is in agreement with the screening request. Jeff Nicholson stated that he is in agreement with the screening request. The applicant also referred to the 2020 Community Character Plan sustainability goals which states decisions cannot be based on any one of the five goals in exclusion to the others. One of the big goals is to promote wide approach to the development, establishing the neighborhood as a unit of planning and he does have the neighborhood supporting him. He also stated that without more space his company will not be able to grow. He has tried to buy the one property that is in opposition. However, the neighbor is not willing to sell. Therefore, the applicant does not see them getting that house. Greg Jones asked would the applicant continue to use this property for his outdoor storage or would something else happen if the building is expanded. Jeff Nicholson stated that the crates that they receive now used to be disposable. However, they are now returnable. The applicant’s hope was to have the crates stacked up somewhere behind a fence where nobody could see them. Tim Fitzgerald asked about the complaints from the neighbors. Jeff Nicholson explained that there has only been one complaint and that is the one person that is in opposition. Tim Fitzgerald stated he did not believe that leaving inventory out all night would preserve the residential character of the surrounding properties and do not recall of any businesses that keep their inventory out at all times. Jeff Nicholson stated 2715 University has existed since 1976 and they could not get all of their inventory inside. They had outdoor storage for 36 years. If he is not allowed to have anything outside he cannot be there. His business is gone.



Will Page asked if the applicant is willing to agree with the neighborhood association to screen his inventory how does he envision that ammenity and would that prevent the visual intrusion that the DAV store has. Jeff Nicholson stated that currently he has a privacy fence along the proposed property. There is just a little piece that is not close to the opposing neighbor. Therefore, he would be willing to put up the privacy fence along the small section. CJ Stephens asked if the Neighborhood Associaiton plan had been updated. Erik Lundy stated no the neighborhood process is just beginning to be revisited. CJ Stephens suggested that if the plan has not been updated maybe the neighborhood vision has been changed. Dann Flaherty stated the whole purpose behind a lot of the neighborhoood plan was to upgrade University. Mike Ludwig stated that if building was being proposed to be constructed staff would probably look at the request differently. On the storage units that Arnold DeWitt proposed Mr. DeWitt was told that outdoor storage was not an appropriate extension of his storage business into the residential neighborhood. Any storage of boats, RV’s etc. would have to be in a building. Then he came in with a proposal that proposed all storage within buildings on the property which was supported. CJ Stephens stated the difference between that and this is Mr. DeWitt was not in compliance on some other things. Mike Ludwig pointed out that this site is also a zoning enforcement issue. It is a very parallel discussion. If it were an enclosed building staff would probably look at it very similar to the way the Arnie DeWitt proposal application was processed. Given that this request is outdoor storage, staff did have a concern about it being compatible with the neighborhood. CHAIRPERSON OPENED THE PUBLIC HEARING There was no one to speak in favor or in opposition of the applicant’s request CHAIRPERSON CLOSED THE PUBLIC HEARING COMMISSION ACTION: JoAnne Corigliano moved staff recommendation Part A) to find the requested rezoning not in conformance with the Des Moines’ 2020 Community Character Plan future land use designation. THE VOTE: 11-0 JoAnne Corigliano moved to approve Part B) the request to amend the Des Moines’ 2020 Community Character Plan to revise the future land use designation from Low-Density Residential to Commercial: Auto-Oriented Small-Scale Strip Development; and



Part C) to approve the request to rezone the site from “R1-60” One-Family Low-Density Residential District to “C-1” Neighborhood Retail Commercial District subject to screening of any outdoor storage that is permitted. THE VOTE: 10-1 (Tim Fitzgerald voted in opposition)

***************************** *****************************

Other Committee & Director’s Report:

There will be no PZ Executive meeting with the City Manager on September 21, 2012

Meeting adjourned at 7:30 p.m.

Plan and Zoning Commission Minutes of Meeting Des …€¦ · Plan and Zoning Commission Minutes of...

Documents

Transcript of Plan and Zoning Commission Minutes of Meeting Des …€¦ · Plan and Zoning Commission Minutes of...