Plan and Zoning Commission Minutes of Meeting Page 1 · PDF filePlan and Zoning Commission...

Plan and Zoning Commission Minutes of Meeting

Des Moines, Iowa October 6, 2011

PRESENT: JoAnne Corigliano, Shirley Daniels, Jacqueline Easley, Tim Fitzgerald, Dann Flaherty, John “Jack” Hilmes, Ted Irvine, Greg Jones, William Page, Christine Pardee, Kent Sovern, and CJ Stephens ABSENT: Mike Simonson and Joel Huston STAFF PRESENT: Mike Ludwig, Bert Drost, Jason Van Essen, Dave Dunn, Phil Delafield, Mike Kelley, and Cathy Whitfield JoAnne Corigliano moved to approve the minutes of the September 15, 2011 Plan & Zoning Commission. Motion carried 11-0-1 (John “Jack” Hilmes abstained because he did not attend the September 15, 2011 Plan & Zoning Commission meeting. The proposed consent agenda consisted of items 1, 2, 3, & 4. Kent Sovern made a motion to place Item #10 on the consent agenda. Motion carried 12-0. A person in the audience requested that item 3 be removed from the consent agenda for discussion. Greg Jones moved approval of staff recommendation for the consent agenda items 1, 2, 4, & 10. Motion carried 12-0. Item 2 of the consent agenda passed 11-0-1 (John “Jack” Hilmes abstained). CONSENT AGENDA Item #1 Request from Kristin Konchalski (owner) 729 Bell Avenue, for vacation of a segment of a portion of Southwest 8th Street east of and adjoining the subject property and west of the travelled, improved portion of the street. (11-2011-1.13) STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION 1. Purpose of Request: The request would allow the undeveloped right-of-way to be

assembled with the adjacent single-family residential property. 2. Size of Site: Approximately 2,200 square feet. 3. Existing Zoning (site): “R1-60” One-family Low-density Residential District. 4. Existing Land Use (site): Undeveloped right-of-way. 5. Adjacent Land Use and Zoning:

North – “R1-60”, Use is single-family residential.



South – “R1-60”, Uses are single-family residential and Bell Avenue right-of-way. East – “R1-60”, Uses are single-family residential and SW 8th Street right-of-way. West – “R1-60”, Use is single-family residential.

6. General Neighborhood/Area Land Uses: The subject alley right-of-way is located

in a low-density residential area. 7. Applicable Recognized Neighborhood(s): Indianola Hills Neighborhood. 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 vacate land dedicated for a specific public purpose, such as for streets and parks, to determine whether the land is still needed for such purpose or may be released (vacated) for other use. The recommendation of the Commission is forwarded to the City Council.

II. ADDITIONAL APPLICABLE INFORMATION

1. Utilities: No utilities have been identified within the right-of-way at this time. However, easements must be provided for any existing utilities until such time they are relocated at the applicant‟s expense.

2. Access/Traffic: The requested vacation of undeveloped right-of-way would not

adversely impact the surrounding street network.

3. Zoning Requirements: The subject property would be required to maintain a 50-foot front yard (south) setback. It appears that approximately 30 feet of the 6-foot tall wood fence would encroach into the required 50-foot front yard (south) setback. The applicant would have to apply for relief from the Board of Adjustment in accordance with Section 134-1296(i)(3)(a) for a Variance of 30 feet less than the minimum required 50-foot front yard (south) setback.

Sec. 134-1296. Permitted. (i) Height restrictions for walls and fences.

(3) In any R residential districts, the following shall apply:

a. No fence or wall in any required front yard may exceed three feet in height, except the fence or wall may be erected to a height of four feet if the fence or wall or that portion of the fence or wall in excess of three feet is constructed of materials which provide openings of not less than 75 percent in area of the vertical surface of the fence or wall to permit transmission of light, air and vision through the vertical surface at a right angle. On a corner lot, a fence not to exceed six feet in height may be erected in the rear yard area extended to the street side lot line, and in the street side yard with at a least 50-foot setback from the front lot line, provided there is maintained a 15-foot



vision clearance triangle whenever there is a driveway or alley within 15 feet of the fence or wall.

III. STAFF RECOMMENDATION TO THE PLAN AND ZONING COMMISSION AND

BASIS FOR APPROVAL Staff recommends approval for vacation of the requested right-of-way subject to provision of easements for any existing utilities until such time that they are relocated at the applicant‟s expense. The applicant is required to obtain relief from the Zoning Board of Adjustment to construct the fence within the required front yard setback. 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 CHAIRPERSON CLOSED THE PUBLIC HEARING COMMISSION ACTION: Greg Jones moved staff recommendation to approve the vacation of the requested right-of-way subject to provision of easements for any existing utilities until such time that they are relocated at the applicant‟s expense. The applicant is required to obtain relief from the Zoning Board of Adjustment to construct the fence within the required front yard setback. THE VOTE: 12-0

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Item #2 Request from Crane Investments, LLC (owner) represented by Kirk Blunck (agent) for review and approval of a Site Plan under design guidelines for multiple family residential, to allow renovation of the subject property Crane Building for 31 residential apartment units with underground off-street parking. (10-2012-7.22) STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION 1. Purpose of Request: The subject site measures 193 feet by 132 feet and contains

the 5-story “Crane Building” and 1 story annex building. It is located on the southeast corner of the 16th Street and Walnut Street intersection in the downtown.



2. Size of Site: 193 feet by 132 feet (25,476 square feet). 3. Existing Zoning (site): “C-3A” Central Business Support Commercial District and

Gambling Games Prohibition Overlay District. 4. Existing Land Use (site): Vacant warehouse building. 5. Adjacent Land Use and Zoning:

North – “C-3A”, Uses are office and automotive repair. South – “C-3A”, Use is the Churches United Homeless Shelter. East – “C-3A”, Uses are office and warehousing. West – “C-3A”, Uses are office and warehousing.

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

central business district near the West Martin Luther King, Jr. Parkway corridor. This area generally consists of a mix of office and warehouse uses.

7. Applicable Recognized Neighborhood(s): Downtown Des Moines Neighborhood.

8. Relevant Zoning History: N/A.

9. 2020 Community Character Land Use Plan Designation: Downtown Support

Commercial.

10. Applicable Regulations: The Plan and Zoning Commission reviews and approves site plans for multiple family dwellings, boarding houses or rooming-houses in accordance with the design standards in section 82-213 of the City Code. 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 the following design standards. 1) Architectural character. New developments and alterations to existing

development in or adjacent to existing developed areas shall be compatible with the existing architectural character of such areas by using a compatible design. Compatibility may be achieved through techniques such as the repetition of roof lines, the use of similar proportions in building mass and outdoor spaces, similar relationships to the street, similar window and door patterns, and/or the use of building materials that have color shades and textures similar to those existing in the immediate area of the proposed development. Brick and stone masonry shall be considered compatible with wood framing and other materials.

The submitted drawings indicate the building will generally keep its existing character. Changes in the existing window pattern would generally be limited to the east façade which is a secondary façade. A staircase tower addition is



proposed to extend from the annex building along the east façade of the Crane Building. The addition would be constructed of steel and glass giving it a simple and open appearance.

2) Building height and mass. Buildings shall be either similar in size and height, or if larger, shall be articulated, setback or subdivided into massing that is proportional to the mass and scale of other structures on the same block and adjoining blocks. Articulation may be achieved through variation of roof lines, setbacks, patterns of door and window placement, and the use of characteristic entry features. To the maximum extent feasible, the height, setback and width of new buildings and alterations to existing buildings should be similar to those of existing buildings on the same block. Taller buildings or portions of buildings should be located interior to the site. Buildings at the ends of blocks should be of similar height to buildings on the adjoining blocks.

N/A.

3) Building orientation. To the maximum extent feasible, primary facades and entries shall face the adjacent public street. A main entrance should face a connecting walkway with a direct pedestrian connection to the public street without requiring all pedestrians to walk through parking lots or across driveways.

The primary entrances to the building would be located on the north façade of the building and would directly front Walnut Street.

4) Garage access/location. If the prominent character of garage access and/or

location is located to the rear of the properties in the surrounding neighborhood, then new construction should be compatible with such character.

The proposed development would include basement level parking accessed from an overhead door on the rear of the building. The access door would be in the location of an existing overhead door opening.

5) Rooftop/second story additions. A rooftop or second floor addition, including

but not limited to stairs and emergency egress, should not overhang the front or sidewalls of the existing building.

The applicant is proposing a staircase tower addition. The tower would extend up from the annex along the east wall of the Crane Building. The tower would setback 34 feet from the front wall of the building.

6) Emergency egress. All stairs and means of emergency egress extending

more than 15 feet above grade and visible from the adjoining street should be completely enclosed with materials compatible in color and texture with the balance of the building.



All functional means of emergency egress would be completely enclosed. The applicant intends to keep the existing metal fire escape and crane on the west façade of the building as design elements that reflect the building’s industrial history.

7) Parking. Parking lots containing more than eight parking spaces should

comply with the adopted landscape standards applicable to commercial development in the C-1 district.

All proposed parking would be located in the basement level of the building. The property currently contains a gravel area to the east of the annex that has been utilized for parking. The drive approach to this area must be removed and the right-of-way restored including the installation of curbing unless a site plan is approved for parking in this area. The applicant is not purchasing this part of the property from the current owner. A separate site plan will be required if parking is proposed for this area in the future.

II. ADDITIONAL APPLICABLE INFORMATION 1. Landscaping & Buffering: The landscape standards for the “C-3” Districts would

typically require the applicant to plant street trees in planter pits along Walnut Street. The basement level of the building currently extends into the right-o-way under the sidewalk. The applicant has indicated that at one time a substantial portion of the sidewalk was constructed of glass block to allow light into the basement. The applicant wishes to restore this historic feature if the project budget allows. If not the applicant is proposing to install 8 concrete planters along the street. The construction of typical planter pits is not possible without requiring an unreasonable level of alteration to the basement.

2. Parking: Off-street parking is not required in the “C-3A” district. The proposed

development would include 34 parking spaces in the basement level of the building. III. STAFF RECOMMENDATION TO THE PLAN AND ZONING COMMISSION AND

BASIS FOR APPROVAL Staff recommends approval of the request subject to the following conditions:

1. Removal of the drive approach to Walnut Street with restoration of the right-of-way to a Class “A” sidewalk and curb condition.

2. Compliance with all Site Plan requirements of the Permit and Development Center.

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 CHAIRPERSON CLOSED THE PUBLIC HEARING COMMISSION ACTION: Greg Jones moved staff recommendation to approve the request subject to the following conditions: 1. Removal of the drive approach to Walnut Street with restoration of the right-of-way

to a Class “A” sidewalk and curb condition.

2. Compliance with all Site Plan requirements of the Permit and Development Center

THE VOTE: 11-0-1 (John “Jack” Hilmes abstained)

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Item #4 Request from Central Iowa Shelter & Services (owner) represented by Anthony Timm (officer) for review and approval of a Site Plan amendment under design guidelines in “C-3B” Districts on property located at 1420 Mulberry Street, to allow a 3,000 square foot expansion to support Veterans Administration services. (10-2012-7.27) STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION 1. Purpose of Request: On April 7, 2011 the Plan and Zoning Commission

conditionally approved a site plan and building elevations to allow the construction of a shelter facility for the homeless with 152 emergency beds, 57 efficiency apartments, a kitchen, class rooms, community space and offices. The shelter has not been constructed. The applicant wishes to increase the size of the rear wing by 3,000 square feet to allow space for a Community Resource and Referral Center for the Veterans Administration.

2. Size of Site: 114,383 square feet (2.63 acres). 3. Existing Zoning (site): “C-3B” Central Business Mixed Use District and “GGP”

Gambling Games Prohibition Overlay District. 4. Existing Land Use (site): Vacant land.



5. Adjacent Land Use and Zoning:

North – “C-3A”: Use is the Churches United Homeless Shelter.

South - “C-3B”: Uses are undeveloped land and Martin Luther King Jr. Parkway.

East - “C-3B”: Use is the future site of Fire Station 1.

West - “C-3B”: Uses are undeveloped land and 15th Street. 6. General Neighborhood/Area Land Uses: The subject site is located in the

downtown along the north side of West Martin Luther King, Jr. Parkway to the east of the 15th Street intersection. The site is separated from the West Martin Luther King, Jr. Parkway right-of-way by a narrow band of land owned by the City that is the future site of a regional stormwater basin for southwest downtown.

7. Applicable Recognized Neighborhood(s): Downtown Des Moines Neighborhood. 8. 2020 Community Character Land Use Plan Designation: Downtown Support

Commercial. 9. 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.

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. The rear portion of the building including the proposed addition would be one story tall. The front portion of the building along Mulberry Street would be 39 feet tall with three stories, which meets the intent of this guideline.

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.

The submitted site plan includes a note that states “lighting shall be low-glare cut off type fixtures to reduce the glare of light pollution on surrounding properties.” Staff believes this note meets the intent of this guideline.

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). The building would have a main entrance that fronts Mulberry Street.

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

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. The subject property has 400 feet of frontage along Mulberry Street. The proposed building would encompass 242 feet or 61% of this frontage. The 1st floor of the building would setback 8 feet from the front property line. The 2nd and 3rd floors would cantilever over the 1st floor and would setback 2 feet from the front property line. The site plan includes a large courtyard space to the west of the building, which is a place holder for a future addition. The proposed expansion of the rear wing of the building is for a new function and is not a replacement of the addition to the west of the building. This addition is anticipated to meet growth within their existing programming. The courtyard would encompass 98 feet of Mulberry Street frontage and would be densely planted with trees and shrubs to create an edge along the street. Staff believes that the combination of the building’s minimal setback and the planting scheme of the courtyard address the intent of this guideline.



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. The site plan identifies a dumpster enclosure in the parking lot near the rear façade of the building, which would not be visible from Mulberry Street. It would be partially visible from Martin Luther King Jr. Parkway. The site is separated from Martin Luther King, Jr. Parkway by railroad tracks that are generally 4 to 5 feet above the grade of the street. The tracks along with the proposed landscaping will obscure views of the service area. See subparagraph 3 of Section II for landscaping and screening information.

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.

N/A.

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. The proposed development includes a 25-foot by 12-foot trash enclosure in the southeast corner of the parking lot. The drawings indicate that the enclosure would be constructed of concrete with 100% opaque steel gates, which would generally match the building.

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)



See subparagraph 3 of Section II for landscaping information.

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. N/A.

The Plan and Zoning Commission reviews and approves site plans for multiple family dwellings, boarding houses or rooming-houses in accordance with the design standards in section 82-213 of the City Code. 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 the following design standards.

A) Architectural character. New developments and alterations to existing


The proposed building would have a flat roof and would be sided with precast concrete panels and metal panels siding.

B) Building height and mass. Buildings shall be either similar in size and height, or

if larger, shall be articulated, setback or subdivided into massing that is proportional to the mass and scale of other structures on the same block and adjoining blocks. Articulation may be achieved through variation of roof lines, setbacks, patterns of door and window placement, and the use of characteristic entry features. To the maximum extent feasible, the height, setback and width of new buildings and alterations to existing buildings should be similar to those of existing buildings on the same block. Taller buildings or portions of buildings should be located interior to the site. Buildings at the ends of blocks should be of similar height to buildings on the adjoining blocks.

Staff believes the building is comparable in mass and scale to other buildings in the vicinity, which range from one to six stories in height.

C) Building orientation. To the maximum extent feasible, primary façades and

entries shall face the adjacent public street. A main entrance should face a connecting walkway with a direct pedestrian connection to the public street without requiring all pedestrians to walk through parking lots or across driveways.

The building would have a primary entrance fronting Mulberry Street to the north.



D) Garage access/location. If the prominent character of garage access and/or location is located to the rear of the properties in the surrounding neighborhood, then new construction should be compatible with such character.

The proposed development does not include garages.

E) Rooftop/second story additions. A rooftop or second floor addition, including but

not limited to stairs and emergency egress, should not overhang the front or sidewalls of the existing building.

N/A.

F) Emergency egress. All stairs and means of emergency egress extending more

than 15 feet above grade and visible from the adjoining street should be completely enclosed with materials compatible in color and texture with the balance of the building.

The proposed addition does not include any emergency egress staircases. The approved design for the main portion of the building includes open-air emergency egress stair cases on the east and west facades that will be visible from Mulberry Street. This was approved due to the building’s unique use and the fact that the stairs would be architecturally intergraded with the building.

G) Parking. Parking lots containing more than eight parking spaces should comply

with the adopted landscape standards applicable to commercial development in the C-1 district.

The proposed development includes a 40-stall parking lot. See subparagraph 3 of Section II for additional landscaping information.


1. Drainage/Grading: All grading is subject to an approved grading permit and soil erosion control plan. The applicant is required to demonstrate compliance with the City‟s Stormwater Management requirements to the satisfaction of the City‟s Permit and Development Center. The submitted site plan includes a stormwater detention facility to the south of the parking lot to handle the storm water flow created by the development. The property to the southwest is owned by the City and is the planned site for a regional stormwater detention basin for southwest downtown.

2. Access or Parking: Off-street parking is not required in the “C-3B” District. The site plan includes a 40-stall parking lot in the southwest corner accessed by a single drive from Mulberry Street. This parking lot would also be used for access to the proposed trash enclosure and service area.

3. Landscaping: The landscaping standards for the “C-3” districts require the installation of street trees and parking lot landscaping. The “C-3B” design guidelines require all open spaces to be landscaped. The subject property is bordered by Mulberry Street to the north. The 1300 and 1400 blocks of Mulberry Street are



currently being reconstructed by the City. The design for the street includes planter beds with street trees. The submitted site plan includes 7 street trees placed to match the City‟s design for the remaining portion of the block. The site plan includes 28 overstory trees, 18 ornamental trees, 9 evergreen trees and 182 shrubs. The proposed plantings exceed the City‟s minimum landscaping requirements.


BASIS FOR APPROVAL Staff recommends approval of the submitted Site Plan subject to compliance with all administrative review comments of the City‟s Permit and Development Center. 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 CHAIRPERSON CLOSED THE PUBLIC HEARING COMMISSION ACTION: Greg Jones moved staff recommendation to approve the submitted Site Plan subject to compliance with all administrative review comments of the City‟s Permit and Development Center. THE VOTE: 12-0

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Item #10 Request from George Qualley (developer) for review and approval of a Site Plan amendment “Lime Lounge” under design guidelines in “C-3B” Districts on property located at 435 East Grand Avenue, to allow expansion of the Site for an outdoor patio service area and accessible entrance as part of the conversion of the building from office use to a nightclub use. The subject property is owned by 435 Grand Avenue, LLC represented by Santokh Nagra (agent). (10-2012-7.28)



STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION 1. Purpose of Request: Approval of the Site Plan would allow development of an 11-

foot 4-inch by 44-foot (499 square feet) outdoor patio service area west of the existing 1,638-square foot building to be converted to a nightclub use from an office use. This also includes provision of an accessible entrance and pedestrian route along the west side of the building.

2. Size of Site: 44 feet by 60 feet (2,640 square feet). 3. Existing Zoning (site): “C-3B” Central Business Mixed-Use District. 4. Existing Land Use (site): One-story office building. 5. Adjacent Land Use and Zoning:

North – “C-3B”; Uses include American Marking. South – “C-3B”; Use is Buddy‟s Corral nightclub. East – “C-3B”; Use is a surface parking lot owned and leased by the City. West – “C-3B”; Use is a surface parking lot owned and leased by the City.

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 area.

7. Applicable Recognized Neighborhood(s): Historic East Village Neighborhood. 8. Relevant Zoning History: The Zoning Board of Adjustment approved the

conversion of the building to a nightclub use with the proposed outdoor patio service area subject to the following conditions:

A) Any business shall have a main entrance oriented toward either East Grand

Avenue or East 5th Street.

B) Any business selling liquor, wine, and/or beer shall operate in accordance with a liquor license obtained through the Office of the City Clerk as approved by the City Council.

C) The business shall comply with Article IV of Chapter 42 of the City Code

pertaining to noise control.

D) Live outdoor music on any patio shall be limited to non-amplified performances. Any outdoor sound or music on any patio shall be limited to levels that would be considered background auditory in nature.



E) Litter and trash receptacles shall be located at convenient locations inside

and outside the premises, and operators of the business shall remove all trash and debris from the premises and adjoining public areas on a daily basis.

F) Any renovation of the building must be in compliance with current Building

Codes with issuance of any necessary permits by the Permit and Development Center.

G) The Conditional Use Permit shall be subject to amendment or revocation if

the Zoning Enforcement Officer determines that the operation of the business becomes a nuisance or exhibits a pattern of violating the conditions set forth in the conditional use permit.

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.

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. The developer is not proposing any modification to the story-height of the existing office 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 notation 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: f. Buildings should have a building frontage on the principal street of not less

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

foot of the front lot line. h. 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.

i. 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.

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

The project proposes to add a primary entrance to the north east side of the building facing East Grand Avenue with direct access onto the pedestrian sidewalk. The building has 100% building frontage along East 5th Street and 71% building frontage along East Grand Avenue, meeting the minimum guideline. The building has a zero setback from East 5th Street and a 3-foot setback from East Grand Avenue, meeting the maximum setback requirement and the minimum percentage within 1-foot of a public street. There are no proposed service entrances that face a



public street. The proposed outdoor patio would be completely within the private property and would not interfere with adjoining pedestrian circulation on East Grand Avenue.

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. The developer is proposing to use an existing 6-foot solid opaque wood fenced screened area outside the southwest corner of the building to store household scale trash receptacles. No commercial grade dumpster is proposed on site as part of this project. Should any commercial grade dumpster become used, a permanent enclosure constructed with masonry and steel gates will be required in accordance with the Zoning Ordinance requirements.

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 submitted Site Plan indicates and existing street tree along East 5th Street that would remain within a 4-foot by 4-foot planter bed and a new tree would be added along East Grand Avenue within a 5-foot by 5-foot planter bed. Staff believes that the developer should review with the City Arborist the need or potential to enlarge the tree well on the existing East 5th Street side.

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. N/A

II. ADDITIONAL APPLICABLE INFORMATION 1. Access or Parking: Off-street parking is not required in the “C-3B” District. The

proposed Site Plan does not include any vehicle drives or off-street parking. There is an existing drive approach from East Grand Avenue proposed to be removed with the development of the outdoor patio. The developer proposes to restore the pedestrian sidewalk on East Grand Avenue.

2. Landscaping: The submitted Site Plan indicates an existing street tree along East 5th Street that would remain within a 4-foot by 4-foot planter bed and a new tree would be added along East Grand Avenue within a 5-foot by 5-foot planter bed. A 3-



foot landscape strip along the north side of the building is proposed to be planted with shrubs and grasses.

3. Urban Design: The fencing proposed to surround the outdoor patio service area is

of a black steel wrought iron bar design that is three feet in height. Staff believes that this would be compatible with the existing building and surrounding neighborhood. No new rooftop mechanical equipment has been proposed as part of the project. However, there is notation on the Site Plan that any roof top mechanical equipment must be properly screened from street level view. Staff recommends that this be qualified to say “with material architecturally compatible with the existing building.”


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. 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.

3. Note with regard to screening of any rooftop mechanical equipment shall be qualified to state “with material architecturally compatible with the existing building.”

4. Any outdoor patio service area shall be operated in conformance with the following conditions of approval for the Conditional Use Permit granted by the Zoning Board of Adjustment on August 24, 2011.

5. Addition to General Plan Note #8 that any commercial grade waste container used on site shall be enclosed and gated with a trash enclosure in accordance with provisions in Sec. 134-1276(t)(3).

6. Enlarging the existing tree well on the Site Plan in the East 5th Street right-of-way if required after consultation with the City Arborist.

SUMMARY OF DISCUSSION There was no discussion CHAIRPERSON OPENED THE PUBLIC HEARING There was no one to speak in favor or in opposition to the applicant’s request CHAIRPERSON CLOSED THE PUBLIC HEARING



COMMISSION ACTION: Greg Jones moved staff recommendation 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. 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.

3. Note with regard to screening of any rooftop mechanical equipment shall be qualified to state “with material architecturally compatible with the existing building.”

4. Any outdoor patio service area shall be operated in conformance with the following conditions of approval for the Conditional Use Permit granted by the Zoning Board of Adjustment on August 24, 2011.

5. Addition to General Plan Note #8 that any commercial grade waste container used on site shall be enclosed and gated with a trash enclosure in accordance with provisions in Sec. 134-1276(t)(3).

6. Enlarging the existing tree well on the Site Plan in the East 5th Street right-of-way if required after consultation with the City Arborist.

THE VOTE: 12-0

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PUBLIC HEARING ITEMS Item #3 Request from Hubbell Construction Services, LLC (developer) represented by Steve Niebuhr (officer) for review and approval of a Site Plan “Forest & Fields” under design guidelines in NPC Districts and guidelines for multiple family residential on property located at 2104 Forest Avenue, to allow development of eight two-story row dwellings with pedestrian scale setbacks from the public street. The subject property is owned by Neighborhood Development Corporation represented by Heidi Wessels (officer).

(10-2012-7.25) STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION 1. Purpose of Request: The applicant is seeking to develop the site with eight (8) two-

story row house dwelling units. The site plan demonstrates a parking lot with 14 spaces located to the rear of the structures.



2. Size of Site: 157 feet by 117 feet or 18,398 square feet (0.42 acre). 8 dwelling units

on 18,398 square feet represent 1 dwelling unit per 2,300 square feet, which is equivalent to a density of 19.0 dwelling units per acre.

3. Existing Zoning (site): “NPC” Neighborhood Pedestrian Commercial District. 4. Existing Land Use (site): Vacant land. 5. Adjacent Land Use and Zoning:

North – “NPC”, Uses are Forest Avenue and Drake Supermarket retail store. South – “C-2”, Use is a single-family dwelling. East – “NPC”, Uses are 21st Street and a mixed-use building with five dwelling units and the administrative office for Anawim Housing. West – “NPC”, Use is a single-family dwelling.

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

Forest Avenue commercial corridor just east of the Drake University campus.

7. Applicable Recognized Neighborhood(s): Carpenter Neighborhood & Drake Neighborhood Associations.

8. Relevant Zoning History: On July 14, 2003, the property was rezoned from “C-2”

District to “NPC” District (Ordinance 14,252). 9. 2020 Community Character Land Use Plan Designation: Mixed-Use and Density

Residential. 10. Applicable Regulations: The proposed use is subject to general site plan design

standards in City Code Section 82-213, NPC design guidelines in City Code Section 82-214, and Multiple-Family Residential design guidelines in City Code Section 82-214.05. The commission may approve a site plan that does not comply with the design guidelines if it finds the overall development is in harmony with the commercial corridor, that the failure to comply with the design guidelines does not negatively impact the character of surrounding properties, and that the failure to comply with the design guidelines is due to the following: A) An unusual lot shape, size, topography or double frontage. A lot over one acre in

size shall always be considered to be of unusual size; B) A need to facilitate a smooth transition between existing developments in the

vicinity; C) A need to accommodate existing development; D) A need to preserve an existing building; or E) A use with unique design requirements.



Please see subparagraphs 5 and 6 of Section II of this report for NPC and Multiple-Family Residential design guidelines.


1. Drainage/Grading: Within the NPC District, the allowable stormwater run-off rate is

equal to that of a 5-year return frequency storm on the site considering existing development. Temporary storm water storage must be provided for the difference between the allowable run-off and the run-off from a 100-year frequency storm on the site after the proposed development takes place. The site plan demonstrates that it would satisfy this storm water management requirement by constructing underground storm water detention beneath the parking lot.

2. Access/Parking: The “NPC” District regulations allow developments to provide only

60% of the standard parking requirement and allows adjoining on-street parking spaces to be counted as provided parking. Therefore, the site is required to provide 8 off-street parking stalls for the 8 dwelling units. The site plan demonstrates 14 off-street spaces. The parking in excess of the requirement is proposed in response to concerns raised by the neighborhood during the planning for a similar project one block to the west at 2201 Forest Avenue. The neighborhood indicated that providing approximately 2 off-street parking spaces per dwelling unit is necessary given the limited availability of on-street parking in the vicinity of the site.

3. Landscaping & Buffering: The “NPC” District is not specifically addressed in the

City‟s Landscaping Standards but the “NPC” Design Guidelines state that an emphasis of trees, shrubs and other plantings should be placed around the perimeter of any parking area and within large parking lots to create a more attractive area. The landscape plan should generally enhance the visual appearance of the building, parking area and any pedestrian areas. The site plan demonstrates a mix of overstory trees, understory trees, and evergreen trees. The site plan also includes three street trees within 8-foot by 4-foot planter beds along Forest Avenue. Staff believes that the Site Plan should provide an additional street tree along Forest Avenue and increase the size of the planter bed to be either 4 feet by 10 feet or 5 feet by 5 feet. The Site Plan includes a 6-foot tall wooden fence along the south and west property lines to screen the parking lot. Staff recommends that a fence detail be added to the site plan that demonstrates a wooden fence that is in character with the surrounding area.

4. Dumpster Enclosure: The Site Plan demonstrates a dumpster enclosure located to

the south of the parking area near the west end of the parking lot that would be constructed with brick walls to match the building and 100% opaque gates with a steel frame.

5. Design Guidelines for Multiple-Family Residential: The Plan and Zoning

Commission reviews and approves site plans for multiple family dwellings, boarding houses or rooming-houses in accordance with the design standards in section 82-213 of the City Code. 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 the following design standards.

A. Architectural character. New developments and alterations to existing


The proposed townhouse building is two stories with a gabled roof design and would be sided predominantly with brick veneer and cement board siding. The brick veneer on the first floor of the building be extended to the east end of the building fronting 21st Street. The front of each dwelling unit includes a covered entry. Staff recommends provision of a note stating that the asphalt shingles will be high profile architectural shingles.

B. Building height and mass. Buildings shall be either similar in size and height, or

if larger, shall be articulated, setback or subdivided into massing that is proportional to the mass and scale of other structures on the same block and adjoining blocks. Articulation may be achieved through variation of roof lines, setbacks, patterns of door and window placement, and the use of characteristic entry features. To the maximum extent feasible, the height, setback and width of new buildings and alterations to existing buildings should be similar to those of existing buildings on the same block. Taller buildings or portions of buildings should be located interior to the site. Buildings at the ends of blocks should be of similar height to buildings on the adjoining blocks.

The proposed two-story design is appropriate in terms of mass and scale. The design of the townhome structures provide a gabled roof above each unit, which breaks up the expanse of the building.

C. Building orientation. To the maximum extent feasible, primary façades and

entries shall face the adjacent public street. A main entrance should face a connecting walkway with a direct pedestrian connection to the public street without requiring all pedestrians to walk through parking lots or across driveways.

Each of the 8 townhomes would have a primary entrance oriented toward Forest Avenue.

D. Garage access/location. If the prominent character of garage access and/or

location is located to the rear of the properties in the surrounding neighborhood, then new construction should be compatible with such character.



Garages are not proposed with the submitted project. There would be 14 parking spaces provided on the site to the rear of the structure.

E. Rooftop/second story additions. A rooftop or second floor addition, including but

not limited to stairs and emergency egress, should not overhang the front or sidewalls of the existing building.

Rooftop mechanical equipment or external stairways are not proposed. The site plan does include a note that all rooftop mechanical equipment shall be screened should the location of such change in the future.

F. Emergency egress. All stairs and means of emergency egress extending more

than 15 feet above grade and visible from the adjoining street should be completely enclosed with materials compatible in color and texture with the balance of the building.

The site plan satisfies this guideline.

G. Parking. Parking lots containing more than eight parking spaces should comply

with the adopted landscape standards applicable to commercial development in the C-1 district.

The site plan proposes 14 off-street parking spaces and a mix of overstory, understory, and evergreen trees. See subparagraph 3 of Section II for additional landscaping information.

6. NPC Design Guidelines: The additional design guidelines applicable to any

development within an NPC district are as follows:

A) Buildings should frame the street and maintain a minimal setback from the street. The front porch on each dwelling unit would be within 3.5 feet of the front property line. The bulk of the townhouse structure would have an 8.5-foot front yard setback, which is compatible with the surrounding buildings.

B) The front facade of the first floor of the building on the primary commercial street should have a ratio of at least 40 percent window and window display area to total street facade. NA.

C) The front entrance should be oriented to the street. On a corner lot, the building should have a well-defined entrance on the primary commercial street. The proposed buildings meet this guideline, as each dwelling unit would have a front entrance oriented toward Forest Avenue.



D) Materials should be brick, stone, tile, stucco, or horizontal wood clapboard with a maximum width of six inches. Two-story buildings are encouraged. The exterior of the buildings would consist of brick on portions of the ground level with the balance of the building being cement board siding.

E) Commercial buildings with over 50 feet of building frontage should have the appearance of being broken into separate bays of between 20 to 35 lineal feet using structural elements, fenestration patterns, protruding or recessed bays, or architectural details. NA.

F) Building frontage should occupy at least 50 percent of the primary street frontage. The proposed buildings meet and exceed this guideline.

G) The following bulk regulations should be observed: 1. Minimum Lot Area for a Multiple-Family Dwelling: 10,000 square feet. 2. Minimum Lot Area per Multiple-Family Dwelling Unit: 2,000 square feet. 3. Front yard: minimum of zero feet. 4. Side yards: minimum of zero feet. 5. Rear yard: None required, except when adjoining any R or C-0 district or

portion of a PUD designated for residential use, in which case ten feet. The submitted site plan meets these guidelines. The proposed 8 dwelling units on 18,398 square feet provides 2,300 square feet of lot area per dwelling unit.

6. Height: minimum of 15 feet, maximum of 45 feet. The proposed building meets this guideline, as the townhome building would be approximately 28 feet tall.

7. Number of stories: a. Residential uses, a maximum of four stories. b. All other permitted uses, a maximum of two stories.

The proposed building meets this guideline, as the townhome building would be two stories. III. STAFF RECOMMENDATION TO THE PLAN AND ZONING COMMISSION AND

BASIS FOR APPROVAL

Staff recommends approval of the submitted Site Plan under the design guidelines for NPC Districts and for Multiple-Family Dwellings, subject to the following:



1. Final review by and compliance with administrative Site Plan review by the Permit and Development Center Administrator.

2. Provision of four planter beds measuring 5 feet by 5 feet or 4 feet by 10 feet along Forest Avenue, with street trees planted in the three westernmost planter beds. Provision of four street trees along Forest Avenue, each within a planter bed measuring 5 feet by 5 feet or 4 feet by 10 feet.

3. Provision of a note stating that any shingles shall be high-profile architectural shingles.

4. Provision of a fence detail for the proposed 6-foot tall wooden fence along the south and west property lines that demonstrates the design of the fence is in character with the surrounding area.

SUMMARY OF DISCUSSION Bert Drost presented the staff report and recommendation and noted a correction to condition #2. Steve Niebuhr Hubbell Realty Company, 6900 Westown Pkwy, West Des Moines stated the applicant is in agreement with the staff report and recommendation. He explained that this project is similar to some of the projects Hubbell Realty has already completed. It is real home product. This particular project is a lot that is not being used. The applicant has worked with NDC on this site to acquire it and come up with a plan that is conducive to the Forest Avenue Corridor and they think it is a good fit. Dann Flaherty asked if the applicant was aware of any resistance. Steve Niebuhr stated that he was not. CHAIRPERSON OPENED THE PUBLIC HEARING There was no one to speak in favor of the applicant’s request. The following spoke in opposition to the applicant’s request Don Penquite 7111 NW Fisher Lane, Ankeny stated that he is on the board of Carpenter Neighborhood Association and they are opposed to this project because there are already nine units in this area of low rent restricted/subsidized housing and twelve more units that have 3 bedrooms each. There is no place for children to play except the streets; there is no green space except in front of the building. All of these units will have children in them and other people in the area have to be so careful when driving down the street because the children from these units will run out into the street. He is concerned with this area being overloaded with subsidized housing and nowhere for the children to play. Rebuttal Steve Niebuhr stated that there is a fenced play area between the two buildings for the sixteen units across the street so there is an area for those children to play. This is rent



restricted housing and income restricted housing. Section 42 tax credit, this is not Section 8 housing. Jacqueline Easley asked if there would be an opportunity to provide “green” parking. Steve Niebuhr stated that the project is being built to energy star standards and to the Iowa Green Streets program. Shirley Daniels asked as far as the neighborhood association, what has been his experience in the past for the other units that were built and then this one that is being contemplated. She asked if the applicant met with the Carpenter Neighborhood Association. Steve Niebuhr stated that the project that included the sixteen units was a project that was initiated by the City. The City had a lot of meetings with the neighborhood prior to Hubbell getting involved. He knows there was discussion about the neighborhood wanting for sale single family product. The City sent a RFP out for single-family use and no one responded. They sent another RFP out for rental property and that made the project go. He thinks that there needs to be more investment in that neighborhood to clean it up so that developers and home builders are comfortable making an investment in a for-sale product with confidence they can sell it. Projects such as this make an investment to help revitalize the neighborhood. Shirley Daniels stated that she understands Mr. Penquite‟s concerns because the units that are currently being built do have the playground in the back, but if they come out of the front door they are right in the middle of Forest Avenue. CJ Stephens asked if there will ever be garages on projects like this. Steve Niebuhr stated that as part of the tax credit program they have to provide a level of storage. The units have a storage area in them. Tim Fitzgerald asked if they tried to meet with the neighborhood association or if tonight was the first night he had heard about their concerns. Steve Niebuhr the applicant did not try to meet with the neighborhood and the neighborhood did not try to meet with the applicant. CHAIRPERSON CLOSED THE PUBLIC HEARING COMMISSION ACTION: Kent Sovern moved staff recommendation to approve the submitted Site Plan under the design guidelines for NPC Districts and for Multiple-Family Dwellings, subject to the following:

1. Final review by and compliance with administrative Site Plan review by the Permit

and Development Center Administrator.



2. Provision of four planter beds measuring 5 feet by 5 feet or 4 feet by 10 feet along Forest Avenue, with street trees planted in the three westernmost planter beds. Provision of four street trees along Forest Avenue, each within a planter bed measuring 5 feet by 5 feet or 4 feet by 10 feet.

3. Provision of a note stating that any shingles shall be high-profile architectural shingles.

4. Provision of a fence detail for the proposed 6-foot tall wooden fence along the south and west property lines that demonstrates the design of the fence is in character with the surrounding area.

THE VOTE: 11-1 (Shirley Daniels voted in opposition)

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Item #5 Request from Christopher Seunt Jens (owner) to rezone property in the vicinity of 3422 57th Street:

A) Determination as to whether the proposed rezoning is in conformance with the

Des Moines‟ 2020 Community Character Plan.

B) Amendment to the Des Moines‟ 2020 Community Character Plan to revise the existing future land use designation from Low Density Residential to Low/Medium Density Residential. (21-2011-4.10)

C) Rezone the property from “R1-60” One-Family Low-Density Residential District to “R-2” One and Two-Family Residential District, to allow for infill development with two-family dwellings. (ZON2011-00157)

STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION 1. Purpose of Request: The applicant is proposing to combine two existing

undeveloped parcels and construct a two-family residential dwelling (duplex). The conceptual building elevations submitted with the rezoning application indicate that the two proposed units would each be ranch style with 768 square feet of a living space and a 4-foot by 15-foot (60 square feet) front porch. Building materials would likely include horizontal lap siding and asphalt shingles.

2. Size of Site: 16,683 square feet (0.38 acre). 3. Existing Zoning (site): “R1-60” One-Family Low-Density Residential District. 4. Existing Land Use (site): The site is currently undeveloped land, as the single-

family dwelling has been removed.



5. Adjacent Land Use and Zoning: North – “R1-60”, Use is single-family residential. South - “R1-60”, Use is single-family residential. East - ““R1-60” & “R-2”, Uses are single-family residential and undeveloped land. West – “R-2” & “R1-60”, Uses include a two-family residential use (duplex) and Christopher‟s Fine Jewelry retail use.

6. General Neighborhood/Area Land Uses: The surrounding properties fronting 57th

Street are primarily used for single-family residential uses. The subject site backs up to properties fronting the Merle Hay Road major commercial corridor.

7. Applicable Recognized Neighborhood(s): Merle Hay Neighborhood.

8. Relevant Zoning History: NA.

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, in addition to the existing regulations. The recommendation of the Commission will be forwarded to the City Council.

II. ADDITIONAL APPLICABLE INFORMATION 1. 2020 Community Character Plan: The 2020 Community Character Plan currently

designates the subject property as Low-Density Residential, which allows only single-family residential dwellings. Therefore, any rezoning of the property to “R-2” One- or Two-Family Residential District to allow a two-family dwelling unit would require amending the future land use designation to Low/Medium Density Residential. Staff recommends that construction of any structure with two dwelling units be constructed as single-family semidetached dwelling units. Single-family semidetached dwelling units would virtually appear to be a duplex but would be separated by a property line along the common wall. This would require each dwelling unit to be constructed on a separate tax parcel, which would allow for the dwelling units to be owner-occupied rather than rental. Any use of the property for single-family semidetached residential must be in accordance with a Plat of Survey as approved by the City‟s Permit and Development Center and recorded with Polk County.



2. Urban Design: The conceptual building elevations submitted with the rezoning application indicate that the two proposed units would each be ranch style with 768 square feet of a living space and a 4-foot by 15-foot (60 square feet) front porch. Building materials would likely include horizontal lap siding and asphalt shingles. In order to minimize the impact of two single-family semidetached dwelling units on a street fronted primarily by detached single-family residential units, staff recommends that any single-family semidetached dwelling be constructed in accordance with several conditions pertaining to design. Staff recommends that any single-family semidetached dwelling unit be constructed with masonry (brick or stone) and/or horizontal cedar or cement board overlap and architectural asphalt shingles. Staff also recommends that the front elevation of any single-family semidetached dwelling unit contain either 1/3 masonry (brick or stone) or a front porch of not less than 60 square feet, and either have shutters or window trim not less than 4 inches in width. Since the two-family dwelling would be constructed between a 2,084-square foot single-family dwelling and a 672-square foot single-family dwelling, staff recommends that any dwelling unit constructed should contain at least 1,000 square feet of living area excluding basements.

3. Natural Site Features: The site contains several of mature overstory trees. Any tree removals on the site will be subject to the provisions of the City‟s Tree Removal and Mitigation Ordinance (Section 42-550 of the City Code).

4. Additional Information: In accordance with City Code Section 134-1276(c)(1), any

two-family dwelling without either a basement or garage must provide an accessory storage building of at least 80 square feet per dwelling unit. Staff recommends that in order to minimize impacts on the surrounding properties, a minimum 12-foot by 24-foot (288 square feet) garage accessed by a paved driveway should be provided for each dwelling unit and be located outside of the minimum required 30-foot front yard setback.


BASIS FOR APPROVAL Part A) Staff recommends that the proposed rezoning be found not in conformance with the Des Moines‟ 2020 Community Character Plan‟s Low-Density Residential designation.

Part B) Staff recommends approval of an amendment to the Des Moines‟ 2020 Community Character Plan future to revise the future land use designation from Low-Density Residential to Low/Medium-Density Residential.

Part C) Staff recommends approval of the request to rezone the property to “R-2” One- or Two-Family Residential District, subject to the applicant agreeing to the following conditions:

1. Permitted uses shall be limited to single-family or single-family semidetached

residential.



2. Any use of the property for single-family semidetached residential shall be in

accordance with a Plat of Survey as approved by the City‟s Permit and Development Center and recorded with Polk County.

3. Any single-family semidetached dwelling unit shall have at least 1,000 square feet of

floor space excluding basements.

4. The exterior of any single-family semidetached dwelling unit shall be constructed of masonry (brick or stone) and/or horizontal cedar or cement board overlap siding.

5. Any dwelling unit shall be constructed with architectural-style asphalt shingles.

6. The front elevation of any single-family semidetached dwelling unit shall contain

either 1/3 masonry (brick or stone) or a front porch of not less than 60 square feet.

7. The front elevation of any single-family semidetached dwelling unit constructed shall include either shutters on each side of each window or window trim not less than 4 inches in width.

8. Provision of a minimum 12-foot by 24-foot (288 square feet) garage on each lot that is accessed by a paved driveway. The garage shall be located outside of the minimum required front yard setback.

9. Any tree removals on the site shall be subject to the provisions of the tree mitigation

ordinance. SUMMARY OF DISCUSSION Bert Drost presented the staff report and recommendation. Chuck Bishop with Bishop Engineering 3501 104th Street in Urbandale stated that the applicant does not agree with conditions #3 and #4. The applicant is requesting a waiver of the minimum 1,000 square feet of floor space per unit excluding basements as their plan includes 768 square feet of floor space per unit. For condition #4 staff is requesting that the exterior of any single-family semidetached dwelling unit shall be constructed of masonry (brick or stone) and/or horizontal cedar or cement board overlap siding. The applicant is requesting to use masonite siding or vinyl siding. Greg Jones asked if the applicant would accept staff recommendation if that is what the Commission agrees to. Chuck Bishop stated that most of the houses up and down the street are rental properties in the range of $700/month rent and it would be difficult to build something like that and still be able to afford a $700/month rent. He would let the applicant speak to that but they would ask for a waiver on the minimum 1,000 square feet floor space per unit. Jacqueline Easley left the meeting @ 6:33 p.m.



CHAIRPERSON OPENED THE PUBLIC HEARING The following spoke in favor of the applicant’s request Chris Seunt Jens, the applicant, 801 SE 3rd Ankeny stated that he is looking at this project as an investment and it must cash flow in order for it to work for him. If he takes a loss it will remain vacant. He believes that his project would greatly improve the area. The following spoke in opposition of the applicant’s request Joann Hanover 1406 Merle Hay Road stated that she is for and against the project. The neighborhood association decided that they would leave it up to the neighbors if they wanted a duplex. She is concerned that at least two of the properties near the project are owned by people who do not live in Des Moines so they do not care. The units across the street are owned by the people who live in them. She is also aware there are plans for the applicant to come forward on October 20, 2011 to ask to extend his parking lot. That made her believe that she was not seeing everything they want to do. She is in agreement with the proposed duplexes. The street can use that improvement. Rebuttal Chuck Bishop stated that notices were sent out to all of the neighbors, the meeting was last Monday, October 3 and no one showed up. The applicant will be coming before the Commission with a site plan asking to extend the parking six feet past the existing zoning line and a ten feet wide buffer is required. The applicant is going to provide additional trees, buffers, and a fence that is six-feet tall. Ted Irvine asked if the applicant owns the property next door. Chuck Bishop stated yes the applicant owns the property next door. Kent Sovern asked about the term semidetached dwelling and how is the applicant‟s configuration. From the drawing it looks like the configuration is a semidetached dwelling which looks good. Chuck Bishop stated that they have to look at that because he is not sure they will have the frontage required under the zoning. Bert Drost stated that the frontage would be measured at the building setback line and the “R-2” district allows single-family semidetached dwellings to have a 32 ½ feet frontage. CHAIRPERSON CLOSED THE PUBLIC HEARING Ted Irvine asked for a friendly amendment to recommend 768 square feet of floor space instead of the 1000 square feet of floor space that staff recommended. Motion failed 4-7 (John “Jack” Hilmes, Christine Pardee, Tim Fitzgerald, and Ted Irvine voted in favor.



Greg Jones, CJ Stephens, JoAnne Corigliano, Kent Sovern, Dann Flaherty, Will Page, and Shirley Daniels voted in opposition) COMMISSION ACTION: Greg Jones moved staff recommendation Part A) that the proposed rezoning be found not in conformance with the Des Moines‟ 2020 Community Character Plan‟s Low-Density Residential designation.

THE VOTE: 11-0

Greg Jones moved staff recommendation Part B) to approve an amendment to the Des Moines‟ 2020 Community Character Plan future to revise the future land use designation from Low-Density Residential to Low/Medium-Density Residential.

THE VOTE: 11-0 Greg Jones moved staff recommendation Part C) to approve the request to rezone the property to “R-2” One- or Two-Family Residential District, subject to the applicant agreeing to the following conditions:

1. Permitted uses shall be limited to single-family or single-family semidetached

residential.

2. Any use of the property for single-family semidetached residential shall be in accordance with a Plat of Survey as approved by the City‟s Permit and Development Center and recorded with Polk County.

3. Any single-family semidetached dwelling unit shall have at least 1,000 square feet of

floor space excluding basements.

4. The exterior of any single-family semidetached dwelling unit shall be constructed of masonry (brick or stone) and/or horizontal cedar or cement board overlap siding.

5. Any dwelling unit shall be constructed with architectural-style asphalt shingles.

6. The front elevation of any single-family semidetached dwelling unit shall contain

either 1/3 masonry (brick or stone) or a front porch of not less than 60 square feet.

7. The front elevation of any single-family semidetached dwelling unit constructed shall include either shutters on each side of each window or window trim not less than 4 inches in width.

8. Provision of a minimum 12-foot by 24-foot (288 square feet) garage on each lot that is accessed by a paved driveway. The garage shall be located outside of the minimum required front yard setback.



9. Any tree removals on the site shall be subject to the provisions of the tree mitigation ordinance.

THE VOTE: 11-0

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Item #6 Request from José Villarreal (owner) to rezone property located at 2013 Clark Street:


Des Moines‟ 2020 Community Character Plan. B) Rezone the property from “C-0” Commercial Residential District to “R1-60” One-

Family Low-Density Residential District, to allow for financing of existing single-family dwelling. (ZON2011-00168)

STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION 1. Purpose of Request: A single-family residential dwelling has existed on the subject

property since 1906. The existing dwelling is considered a legal, non-conforming structure use in the “C-0” Commercial-residential District. This designation is impacting the owner‟s ability to sell the subject property. The potential home buyer is having difficulties financing a home loan. Properties immediately to the west of the subject property are zoned R1-60.

2. Size of Site: 40 feet by 133 feet (5,320 square feet). 3. Existing Zoning (site): “C-0” Commercial-residential District. 4. Existing Land Use (site): Single-family dwelling. 5. Adjacent Land Use and Zoning:

North – “C-0”, Uses are a single-family dwelling and undeveloped alley right-of-way. South – “C-0”, Uses are the Employee and Family Resources and Clark Street right-of-way. East – “C-1”, Use is undeveloped land associated with a service repair shop. West – “R1-60”, Use is a single-family dwelling.

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

provides a transition between the commercial/residential uses to the north, south and east and the single-family neighborhood to the west.



7. Applicable Recognized Neighborhood(s): Drake Neighborhood Association. 8. Relevant Zoning History: N/A.

9. 2020 Community Character Land Use Plan Designation: Commercial:

Pedestrian-Oriented; Commercial Corridor. 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. Zoning: The applicant is seeking rezoning due to financing issues with the bank.

The structure in its current location under the current “C-0” zoning would not be allowed to be reconstructed if the dwelling were to be destroyed by any means to an extent of 60% or more of its replacement cost at the time. Rezoning the property to “R1-60” would allow the replacement of the existing single-family dwelling within the limits of the existing foundation.

Sec. 134-1296. Permitted. (b) Use of existing lots of record. In any district where dwellings are permitted, a single-family

detached dwelling may be located on any lot platted or of record as of July 16, 1965, regardless of its area or width; provided, however, that the following shall apply:

(5) Notwithstanding the setback requirements set forth above, a legal non-conforming single-

family dwelling on such a lot within the R1 one-family residential districts, the R-2 one- and two-family residential districts and the R-3 and R-4 multiple-family residential districts can be used, maintained and reconstructed, provided however that if the dwelling is destroyed by any means to an extent of 60 percent or more of its replacement cost at the time of destruction, it shall not be reconstructed unless such reconstruction is commenced within six months of the destruction of the original dwelling and diligently pursued to completion, and the dwelling as reconstructed complies with the following design standards in lieu of the minimum single-family dwelling design requirements set forth in section 134-342(1)(a) and (b), and the restrictions on nonconforming lots and structures set forth in section 134-1352: (a) The dwelling shall remain within the original building footprint without an increase in the

gross floor area; (b) The dwelling shall have a minimum width facing the street of the smaller of 24 feet or

the width of the dwelling prior to such destruction; (c) The dwelling shall have a minimum depth perpendicular to the street of the smaller of

20 feet or the depth of the dwelling prior to such destruction. (d) A minimum of 15 percent of the facade of the dwelling facing the street shall consist of

windows, doors and other building openings; (e) The dwelling shall have a door facing the street that appears to be a primary entrance; (f) The main part of the dwelling shall have a minimum roof pitch of 3:12. (g) The dwelling shall have a roof overhang around the entire perimeter; and,



(h) Any foundation skirting material shall have the appearance of masonry or poured concrete typical of site-built homes.

2. 2020 Community Character Plan: The Des Moines‟ 2020 Community Character

Plan designates the subject area as Commercial: Pedestrian-Oriented; Commercial Corridor. Residential uses are also consistent with this designation.

3. Parking: The subject property does contain an existing 20-foot by 25-foot (500 square feet) paved parking area within the required front yard. The zoning ordinance states that front yard parking area should occupy no more than 25% of the front yard. The 500 square feet of paving area represents 50% of the 1,000 square feet (25 feet by 40 feet) front yard area. Furthermore, single-family dwellings are required one (1) off-street parking space located outside the required front yard. Staff recommends removal of one-half of the existing 20-foot by 25-foot (500 square feet) paved parking area within the required front yard and paving of a 9 foot by 17-foot (153 square feet) off-street parking space to the rear of the lot. The off-street parking space would be accessed by an existing alley located off of Martin Luther King Jr. Parkway.

III. STAFF RECOMMENDATION TO THE PLAN AND ZONING COMMISSION AND BASIS FOR APPROVAL

Part A) Staff recommends that the proposed rezoning be found not in conformance with the existing Des Moines‟ 2020 Community Character Plan. Part B) Staff recommends approval of the request to rezone the property to “R1-60” One-Family Low-Density Residential District subject to the applicant agreeing to the following condition:

1. Removal of half the existing 20-foot by 25-foot (500 square feet) paved parking area within the required front yard.

2. Any paved area removed shall be landscaped with sod.

3. Any portion of the drive approach not used shall have the curb restored.

4. There shall be a 9-foot by 17-foot (153 square feet) off-street parking space

installed to the rear of the lot. SUMMARY OF DISCUSSION Bert Drost presented the staff report and recommendation. Greg Jones asked if there is a tree in the back where staff is suggesting a parking space. Bert Drost stated that there is a tree on one side and a play set on the other side. The play set could be moved. Will Page asked about the maintenance of the alley and who else uses the alley.



Bert Drost stated that the alley is gravel and there is one property that uses the alley. CJ Stephens asked about the next door neighbor parking in the front and if there are others on the street parking in the front. Mike Ludwig stated that the next door neighbor can drive along side of the house so their one required parking space is on the side of the house. Erica Villarreal & Jose Villarreal 2013 Clark Street stated that they cannot use the back alley because it is not maintained, there is limited visibility when trying to get out to Martin Luther King Jr. Parkway southbound and there is no entrance from the front. 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: Greg Jones moved to approve the request to rezone the property to “R1-60” One-Family Low-Density Residential District excluding conditions recommended by staff. THE VOTE: 11-0

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*** WITHDRAWN *** Item #7 1. Request from Central Iowa Health Properties Corporation (owner) represented by

Eric Crowell (officer) to rezone property located at 1400-1438 Woodland Avenue, 615 15th Street, and 1401-1439 High Street. Additional subject properties owned by DOB Corporation represented by Ronald Nielsen: A) Determination as to whether the proposed rezoning is in conformance with the


B) Rezone the property from “C-0” Commercial-Residential District and “C-2” General Retail and Highway Oriented Commercial District to “C-3A” Central Business District Support Commercial District, to allow for redevelopment of the property for Iowa Health Des Moines. (ZON2011-00169)

Item #8 Request from Russell Parks (owner) to rezone property in the vicinity of 4805 Observatory Road. Additional subject property is owned by the City of Des Moines:



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

B) Amendment to the Des Moines‟ 2020 Community Character Plan to revise the existing future land use designation from Low Density Residential and Parks/Open Space to Low/Medium Density Residential. (21-2011-4.11)

C) Rezone the property from “R1-80” One-Family Residential District to Limited “R-3” Multiple Family Residential District, to allow for infill development of no more than six residential units within three single-family semi-detached dwellings, all contained within a commonly owned parcel with access from Observatory Road. (ZON2011-00170)

STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION 1. Purpose of Request: The applicant proposes to develop three single-family semi-

detached dwelling units (a minimum of six units total) with separate ownership for each unit upon a single commonly owned parcel. The submitted rezoning development concept indicated four units would be served by a common drive entrance and two other units would share a separate drive entrance, both accessing onto Observatory Road.

2. Size of Site: 34,424 square feet. 3. Existing Zoning (site): “R1-80” One Family Residential District. 4. Existing Land Use (site): Vacant land and vacated undeveloped park land formerly

part of the Waveland golf course. 5. Adjacent Land Use and Zoning:

North – “R1-80”, Use is public open space known as “Cummins Woods”. South – “R1-80”, Use is City Parks and Recreation owned tennis courts. East – “R1-80”, Uses are single-family dwellings. West – “R1-80”, Use is Waveland City Golf Course.

6. General Neighborhood/Area Land Uses: The subject property is at the fringe of a

low-density residential area where it abuts the Waveland City Golf Course. 7. Applicable Recognized Neighborhood(s): Waveland Park Neighborhood. 8. Relevant Zoning History: On August 29, 2011 the City Council vacated the

western portion of the subject property contained within the Waveland Golf Course



making it available to the applicant for purchase and development. This action was subject to the following recommendations of the Parks and Recreation Board:

A) City approval of rezoning of the Waveland Golf Course parcel to allow the

townhome proposal; B) The intended use of the property is limited to redevelopment as a six-unit

townhome project; C) The development of the property shall include a landscaping plan presented to

the Park and Recreation Board and shall conform to the City tree mitigation ordinance and any additional requirements set forth in the City's tree mitigation policy; and

D) The property adjacent to the Waveland Golf Course parcel referred to as a "Bird Sanctuary" will be protected from the construction process with silt fencing to control run-off.

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

and Park/Open Space. 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. Natural Features: The subject property is partially timbered and has sensitive

downward slopes toward the north and west. The conveyance of the park property would require the protection and mitigation of mature trees in accordance with the City‟s tree mitigation Ordinance. The conveyance would also require soil protection measures as part of any grading of the property.

2. Drainage/Grading: Future development of the subject property would require a storm water management plan and a soil erosion protection and grading plan as part of the required Site Plan review. The conveyance of any park land would require that measures be taken to protect the „bird sanctuary” area of Cummins Woods to the north from grading activities. The subject property naturally drains to the north and west.

3. Utilities: While there is a 36-inch Des Moines Waterworks feeder main in

Observatory Road fronting the subject property, proposed development will not be able to access this directly. Public water main will need to be extended by any future developer of the subject property from an 8-inch water distribution main located in Polk Boulevard to the east. Public sanitary sewer is located along the north and west edges of the subject property. There is not readily accessible public storm sewer serving the subject property. Appropriate design for stormwater management and detention will likely require a design which accounts for a surface



release to the natural drainage way. This may require special engineered measures to protect from erosion at the point of release such as rip-rap, engineer fabric underlayment, and constructed dissipaters.

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

accordance with the Des Moines Landscape Standards as applicable to “R-3” Site Plan landscaping policies. Additional landscaping material may be required to conform to tree mitigation formulas in the City‟s tree mitigation Ordinances.

5. Development Review: Any development of the submitted concept for three single-

family semi-detached dwellings (six total units) will require Site Plan review by the Plan and Zoning Commission under design guidelines for multiple-family residential use as well as a subdivision plat for any separately created ownership lots. Depending on the development proposal, additional appeals to the Zoning Board of Adjustment may be necessary for off-street parking setbacks and building setbacks.

6. 2020 Community Character Plan: The proposed “R-3” zoning and multiple-family

development concept would require an amendment to a Low/Medium Density Residential future land use designation from the existing Low-Density Residential and Park/Open Space future land use designations. With the overall development limited to a maximum of six units. The proposed density is very similar to the existing density of development on nearby residential properties. Staff does not believe the proposed density increase will be detrimental to the character of the surrounding neighborhood so long as it is limited to no more than six-units on the subject property.


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 approval of the recommended amendment to the Des Moines‟ 2020 Community Character Plan revising the future land use designation from Low Density Residential and Park/Open Space to Low/Medium Density Residential. Part C) Staff recommends approval of the requested rezoning from “R1-80” to “R-3” subject to the applicant agreeing to the following conditions: 1. There shall be a maximum of six residential units developed on the property. 2. Any residential units constructed on the property shall meet the following minimum

design standards: a) Each dwelling unit shall have a private garage, whether attached or detached. b) Minimum building floor areas for residential units shall be 1,200 square feet,

excluding garages and basements. c) The front elevation of each dwelling constructed excluding windows and doors

must consist of 1/3 to 1/2 stone or brick masonry. d) The front elevation of each dwelling constructed must contain one of the

following:



1) Shutters on each side of each window; or 2) Window trim not less than 4” in width.

e) The exterior of each dwelling must be of masonry (brick or stone) and/or vinyl, cedar, or Hardi-Plank siding. If vinyl siding is selected, it must be greater than 40 mills thick.

f) The roof on any dwelling constructed shall be of architectural type shingles or cedar shakes.

g) Fencing shall be limited as follows: 1) Black vinyl-clad chain link is the only fencing material permitted. 2) The maximum height of fencing allowed in a side or rear yard is six-feet (6‟). 3) Wood privacy screens up to six-feet (6‟) in height are permitted when located

outside of the required setbacks for a principal structure, outside of conservation easements and when adjoining private patios or decks outside the required front yard.

3. Identification and protection of mature trees as part of any future development in accordance with City Tree Protection and Mitigation Ordinances, including proper fencing of tree drip lines during grading or construction operations.

4. Provision of proper soil erosion controls during any development or grading operations in accordance with a grading and soil erosion protection plan.

SUMMARY OF DISCUSSION Jason Van Essen presented the staff report and recommendation. Dann Flaherty asked who will hold the conservation easement. Jason Van Essen stated that the City will hold the conservation easement. Tim Fitzgerald asked are sidewalks a condition. Jason Van Essen stated assuming the zoning is put in place the sidewalks are something that is looked at in the Site Plan phase. There are no existing sidewalks along the north side of Observatory Road west of Polk Blvd. JoAnne Corigliano asked if there will be fences around this property. Jason Van Essen stated that staff does not know. It is common when there are residential developments. However, staff proposes design guidelines for fencing. At the site plan level the fencing issue could be looked at. CJ Stephens asked if the sensitive natural habitat area addressed now or when the project comes back. Jason Van Essen stated that the tree mitigation would be addressed at the Site Plan review stage. Russell Parks 1509 Pleasantview Drive pointed out that the Des Moines Water Works requires an 8” main and promises to provide free connection for all homes on Observatory Road. He has a couple of concerns with the staff recommendation.



Conditions 2d and 2e are a bit restrictive and do not allow the architecture any leeway with their design. Dann Flaherty asked in reference to those conditions would the applicant be willing to bring back the elevations to the Commission before the Site Plan is approved. Mike Ludwig stated that if they are single-family residential lots Plan and Zoning Commission review would not be required. He proposes that if they are just single-family dwellings they keep the design guidelines, but if they come back with six units, they would be subject to multi-family Site Plan review by the Commission. Dann Flaherty wants it to come back to the Commission in any event. Russell Parks stated that he agrees to bring back the actual elevations to the Commission with the Site Plan. One more concern he has is condition #3g in regards to the wood privacy screens up to six feet in height. He might want to put a privacy fence that is closer to the west property line beyond the setback. Kent Sovern asked if the applicant had a price point in mind for these properties. Russell Parks stated that he is working with a contractor and they have not got to that point yet. He knows he has to be competitive with the development Reserve Townhome PUD. Dann Flaherty asked why he wants to put a fence on the far west side when there are beautiful views that he should want to maintain. Russell Parks stated that the views to the west is not that wonderful because there are some kind of scrubby trees in the way and looking out there is an irrigation pump building. Dann Flaherty stated that he thinks that would be a better view than a cedar fence. Russell Parks stated that a six foot fence only give a minimum amount of protection, the view over it can still be seen. CJ Stephens suggested that the applicant consider omitting the fence. CHAIRPERSON OPENED THE PUBLIC HEARING The following spoke in favor of the applicant’s request Will Rogers 1328 43rd Street, member of the Waveland Park Neighborhood Association stated that he supports the applicant‟s request as the project brings a new type of housing to the neighborhood. It is a nice plan and it adds additional benefit for the bird sanctuary and will add additional tax dollars. He encourages the Commission to approve the applicant‟s request.



David Huston 4321 University Avenue #2. Stated that this project is close to the Drake Municipal Observatory so he asks that the Commission add dark sky requirement for lighting. He commends Mr. Russell Parks for his tenacity and his willingness to build good homes. The following spoke in opposition of the applicant’s request Eric Bakker 4721 Observatory Road stated that this project is on a dead end street and would go from “R-1” to “R-3”. Everyone that turned in their cards on this street is opposed to this project. He asked for the code citation on the requirement of 6/7 votes when more than 30% of adjoining land is owned by the government. He believes that the neighborhood association did not listen to the neighbors that live close to the project and that the bird sanctuary will be gone. John Latch 4801 Observatory Road stated that he purchased his home due to the character in the neighborhood. He believes that this project goes against the 2020 Community Character Plan and does not feel that it is right to pack six families into these woods. The real estate exchange with the City of Des Moines is making this project viable. Therefore, by approving the applicant‟s request the Commission will be approving the destruction of the habitat. CHAIRPERSON CLOSED THE PUBLIC HEARING Greg Jones asked the applicant would he be willing to allow access to the bird sanctuary through his property. Russell Parks stated that the only place that has been suggested is at the east end of his property which would be adjacent to Mr. Latch‟s property. Mr. Latch may not be in favor of that. Therefore, he has avoided agreeing to that. It makes more sense to develop the west end of the existing parking area with some modification as opposed to having people parking in the middle of the block. Greg Jones asked about restricting the applicant‟s lighting to meet the dark sky standards. Russell Parks stated it would not be a problem. There are different models of lights that are designed to mitigate sky exposure. Kent Sovern asked staff what could be built on this property without the approval of P&Z Commission under the current zoning. Jason Van Essen stated with the current zoning it could be divided into lots that meet the “R1-80” standard for single-family residential units. COMMISSION ACTION: Greg Jones moved staff recommendation Part A) to find the rezoning not in conformance with the Des Moines‟ 2020 Community Character Plan future land use designation.



THE VOTE: 11-0 Greg Jones moved staff recommendation Part B) to approve the recommended amendment to the Des Moines‟ 2020 Community Character Plan revising the future land use designation from Low Density Residential and Park/Open Space to Low/Medium Density Residential. THE VOTE: 10-1 (Dann Flaherty voted in opposition) Greg Jones moved Part C) to approve the requested rezoning from “R1-80” to “R-3” subject to the applicant agreeing to the following conditions: 1. There shall be a maximum of six residential units developed on the property. 2. Any residential units constructed on the property shall be subject to review by the

Plan and Zoning Commission and shall meet the following minimum design standards: a) Each dwelling unit shall have a private garage, whether attached or detached. b) Minimum building floor areas for residential units shall be 1,200 square feet,

excluding garages and basements. c) The front elevation of each dwelling constructed excluding windows and doors

must consist of 1/3 to 1/2 stone or brick masonry. d) The front elevation of each dwelling constructed must contain one of the

following: 1) Shutters on each side of each window; or 2) Window trim not less than 4” in width.

e) The exterior of each dwelling must be of masonry (brick or stone) and/or vinyl, cedar, or Hardi-Plank siding. If vinyl siding is selected, it must be greater than 40 mills thick.

f) The roof on any dwelling constructed shall be of architectural type shingles or cedar shakes.

g) Fencing shall be limited as follows: 1) Black vinyl-clad chain link is the only fencing material permitted. 2) The maximum height of fencing allowed in a side or rear yard is six-feet (6‟). 3) Wood privacy screens up to six-feet (6‟) in height are permitted when located

outside of the required setbacks for a principal structure, outside of conservation easements and when adjoining private patios or decks outside the required front yard.

3. Identification and protection of mature trees as part of any future development in accordance with City Tree Protection and Mitigation Ordinances, including proper fencing of tree drip lines during grading or construction operations.

4. Provision of proper soil erosion controls during any development or grading operations in accordance with a grading and soil erosion protection plan.

5. Providing a “dark sky” compliant lighting plan. 6. Review and approval of final building elevations as part of Plan and Zoning Site Plan

review. THE VOTE: 10-1 (Dann Flaherty voted in opposition)



Kent Sovern moved to have staff work with Park & Recreation Department and other appropriate staff to consider the feasibility of public access to Cummins Wood through City property. Motion carried 11-0.

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Item #9 Request from Mayorga & Mayorga Partners (owner) represented by Efrain Mayorga (officer) to rezone property located at 1800 Southeast 14th Street:



B) Rezone the property zoned “C-2” General Retail and Highway Oriented Commercial District with a “VDL” Vehicle Display Lot Overlay to remove the Overlay, to allow for expansion of the existing vehicle display lot adjoining to the south onto the subject property. (ZON2011-00171)

STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION 1. Purpose of Request: The applicant is seeking to have the “VDL” Vehicle Display

Lot Overlay District removed from the subject property in order to allow the existing Aztec Motors vehicle display lot at 1902 Southeast 14th Street to expand onto the subject property. The applicant has submitted a site sketch that demonstrates that the existing building (recently occupied as a liquor store) would be removed from the site. The site sketch also indicates that the vehicle display lot expansion area would comply with all current setback and landscaping requirements. In addition, a 48-foot by 55-foot (2,640 square feet) canopy has already been removed from the site. The “VDL” District regulations prohibit creation of a new vehicle display lot or any expansion of an existing vehicle display lot unless the expansion is on property owned in common at the date the rezoning to “VDL” District (September 28, 2009) and so long as the existing vehicle display lot is brought into conformance with all current site plan requirements. In accordance with City Code Section 134-1261(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 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”. 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. A site plan is not being considered by the Plan & Zoning Commission at this time.

2. Size of Site: The subject property measures 200 feet by 140 feet or 27,000 square

feet (0.62 acres). The adjacent vehicle display lot measures 153 feet by 158 feet or 24,174 square feet (0.55 acre) so the resulting vehicle display lot would total 51,174 square feet (1.17 acres).

3. Existing Zoning (site): “C-2” General Retail and Highway-Oriented Commercial

District and “VDL” Vehicle Display Lot Overlay District Regulations. 4. Existing Land Use (site): The site was originally developed as a gas station and

more recently used for a liquor store. The site contains a 40-foot by 24-foot (960 square feet) one-story building and a paved for off-street parking area. A 48-foot by 55-foot (2,640 square feet) canopy was recently removed from the site.

5. Adjacent Land Use and Zoning:

North – “C-2” & “VDL”; Use is an unoccupied property with two garage structures. South - “C-2” & “VDL”; Use is the Aztec Motors vehicle display lot and Smoke Shop. East - “C-2”; Use is the Sahota liquor store. West - “U-1”; Use is the City of Des Moines‟ Jackson Stormwater Basin.

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

the Southeast 14th Street commercial corridor just south of the Des Moines River. 7. Applicable Recognized Neighborhood(s): McKinley/Columbus Park

Neighborhood.

8. 2020 Community Character Land Use Plan Designation: Commercial: Auto-Oriented Small-Scale Strip Development.

9. Relevant Zoning History: On September 28, 2009, the City Council adopted

ordinance #14,897 to apply the “VDL” Vehicle Display Lot Overlay District designation to all properties fronting Southeast 14th Street and East 14th Street.

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

Vehicle Display Lot Overlay District as provided in the City‟s Zoning Ordinance:

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.

11. 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.


1. Staff Rationale: Staff believes that removing the “VDL” from 1800 Southeast 14th

Street is appropriate only if it leverages significant site improvements to the existing adjacent vehicle display lot at 1902 Southeast 14th Street. Staff recommends a number of conditions of approval, including requiring any use of the property for a vehicle display lot to be as an expansion of an existing vehicle display lot and requiring that existing portion of the vehicle display lot to be brought into conformance with all current zoning, site plan, and landscaping regulations. Staff also recommends requiring immediate removal of the existing 44-foot by 54-foot canopy structure at 1902 Southeast 14th Street and immediate removal of the freestanding sign at 1800 Southeast 14th Street.

2. 2020 Community Character Land Use Plan: The proposed conversion of the

property to a vehicle display lot is consistent with the 2020 Community Character Plan‟s future land use designation of Small-Scale Commercial Corridor.

3. Landscaping & Buffering: Should the rezoning to remove the “VDL” Overlay

District be approved, any use of the subject property for a vehicle display lot must be in accordance with a Site Plan under the design guidelines for vehicle display lots. Staff recommends that the site plan also include the existing vehicle display lot at 1902 Southeast 14th Street. The entire site must be in accordance with all landscaping and setback requirements of the “C-2” District. This would require a mix of overstory trees, ornamental trees, and shrubs, including provision of 1 overstory tree and 3 shrubs per 50 lineal feet Southeast 14th Street.

4. Access or Parking: The site sketch demonstrates that the proposed expansion of the vehicle display lot at 1902 Southeast 14th Street onto the property at 1800 Southeast 14th Street would include consolidation of three existing drive approaches into a single approach that aligns with the median opening in Southeast 14th Street at East Edison Avenue. The two abandoned drive approaches would be removed and a full height curb shall be restored along Southeast 14th Street.

5. Dumpster Enclosure : Staff recommends that any outdoor trash collection container shall be within an enclosure constructed with concrete block or masonry materials and 100% opaque steel gates and shall not be located within any required setbacks.



III. STAFF RECOMMENDATION TO THE PLAN AND ZONING COMMISSION AND BASIS FOR APPROVAL

Part A) Staff recommends that the proposed rezoning be found in conformance with the Des Moines‟ 2020 Community Character Plan. Part B) Staff recommends approval of the request to rezone the property to remove the “VDL” Vehicle Display Lot Overlay District, subject to the following conditions:

1. Any future use of the site for a vehicle display lot shall be operated as an

expansion of the existing vehicle display lot at 1902 Southeast 14th Street. A new stand-alone vehicle display lot shall not be permitted.

2. Any future use of the site for a vehicle display lot shall be in accordance with a Site Plan under the design guidelines for vehicle display lots as approved by the Plan & Zoning Commission and shall adhere to all landscaping and setback requirements. This Site Plan shall include both the existing vehicle display lot at 1902 Southeast 14th Street and the expansion area at 1800 Southeast 14th Street.

3. The parcels currently known as 1800 Southeast 14th Street and 1902 Southeast 14th Street shall be combined by the Polk County Assessor to form one tax parcel.

4. The vehicle display lot, including the existing lot and any expansion, shall be limited to one (1) freestanding sign along the Southeast 14th Street frontage.

5. The existing freestanding sign at 1800 Southeast 14th Street shall be removed immediately.

6. The existing canopy structure at 1902 Southeast 14th Street shall be removed immediately.

7. Only one drive approach shall be permitted along Southeast 14th Street and shall align with the median opening in Southeast 14th Street at East Edison Avenue. All abandoned drive approaches shall be removed and a full height curb shall be restored along Southeast 14th Street.

8. Any outdoor trash collection container shall be within an enclosure constructed with concrete block or masonry materials and 100% opaque steel gates and shall not be located within any required setbacks.

9. Prior to issuance of a Certificate of Occupancy for any use of the property as a vehicle display lot, the entire site shall be brought into conformance with the Site Plan as approved by the Plan & Zoning Commission.

SUMMARY OF DISCUSSION Bert Drost presented the staff report and recommendation.



Mike Simpson 2195 SE 78th Street, Runnels, IA employed by Aztec Motors, sales manager stated that the applicant has done a nice job with his present lot north of the proposed expansion. If the applicant is allowed to move forward it would be a nice improvement for the area. Greg Jones asked if the applicant is in agreement with staff recommendation. Mike Simpson stated yes the applicant is in agreement with staff recommendation. JoAnne Corigliano asked is the applicant going to remove the raised display. Mike Simpson stated yes the raised display will be removed. 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 JoAnne Corigliano stated that she believes if the applicant can do everything that he said he will do then this would be a great improvement. Tim Fitzgerald stated that the applicant takes pride in their lot. Mike Ludwig stated that Mr. Mayorga‟s existing lot to the north of the proposed request has made a significant improvement along SE 14th Street. COMMISSION ACTION: “John “Jack” Hilmes moved staff recommendation Part A) to find the proposed rezoning in conformance with the Des Moines‟ 2020 Community Character Plan; and Part B) to approve the request to rezone the property to remove the “VDL” Vehicle Display Lot Overlay District, subject to the following conditions:

1. Any future use of the site for a vehicle display lot shall be operated as an

expansion of the existing vehicle display lot at 1902 Southeast 14th Street. A new stand-alone vehicle display lot shall not be permitted.

2. Any future use of the site for a vehicle display lot shall be in accordance with a Site Plan under the design guidelines for vehicle display lots as approved by the Plan & Zoning Commission and shall adhere to all landscaping and setback requirements. This Site Plan shall include both the existing vehicle display lot at 1902 Southeast 14th Street and the expansion area at 1800 Southeast 14th Street.

3. The parcels currently known as 1800 Southeast 14th Street and 1902 Southeast 14th Street shall be combined by the Polk County Assessor to form one tax parcel.



4. The vehicle display lot, including the existing lot and any expansion, shall be

limited to one (1) freestanding sign along the Southeast 14th Street frontage.

5. The existing freestanding sign at 1800 Southeast 14th Street shall be removed immediately.

6. The existing canopy structure at 1902 Southeast 14th Street shall be removed immediately.

7. Only one drive approach shall be permitted along Southeast 14th Street and shall align with the median opening in Southeast 14th Street at East Edison Avenue. All abandoned drive approaches shall be removed and a full height curb shall be restored along Southeast 14th Street.

8. Any outdoor trash collection container shall be within an enclosure constructed with concrete block or masonry materials and 100% opaque steel gates and shall not be located within any required setbacks.

9. Prior to issuance of a Certificate of Occupancy for any use of the property as a vehicle display lot, the entire site shall be brought into conformance with the Site Plan as approved by the Plan & Zoning Commission.

THE VOTE: 11-0

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Item 11 City Council initiated request to rezone property in the vicinity of 2800 Southeast 8th

Street. Additional subject property is owned by Rafdal & Abild, LLC represented by

Greg Abild (agent), and Rafdal, Inc. represented by David and Marcia Rafdal (officers):

A) Vacation of a segment of Broad Street from Indianola Avenue to Southeast 8th

Street. (11-2011-1.12)

B) Determination as to whether the proposed rezoning is in conformance with the


C) Amendment to the Des Moines‟ 2020 Community Character Plan to revise the

existing future land use designation from Low Density Residential to Low/Medium

Density Residential. ` (21-2011-4.12)

D) Rezone the property from “R1-60” One-Family Low-Density and Limited “R-3”

Multiple Family Residential District to “PUD” Planned Unit Development,

(ZON2011-00172)



E) Approve a “PUD” Conceptual Plan allowing removal of the existing multiple-

family apartment building and develop 38 units of infill row dwellings, with no

more than six units within any building, all contained within a commonly owned

parcel with access from Indianola Avenue and Southeast 8th Street.

STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION 1. Purpose of Request: On June 8, 2009, by Roll Call No. 09-996, the City Council

approved a contract with the Iowa Department of Economic Development (now the Iowa Partnership for Economic Progress) to allocate $4.2 million of Neighborhood Stabilization Program Funds (NSP). As part of the NSP plan, the City Council expressed an interest in finding larger-scale redevelopment projects within neighborhoods that could benefit from this program. The City owns the property at 2800 SE 8th Street and 2810 SE 8th Street and has an option to acquire the land at 2839, 2843, and 2933 Indianola Avenue. The proposed Conceptual Plan calls for the demolition of the Southern Meadows Apartments, (34 units), at 2800 S.E. 8th Street, and the development of 38 row style homes on the site. A portion of the building has already been demolished. The Plan also proposes the vacation of Broad Street between Indianola Avenue and SE 8th Street along with modifications to the pedestrian bridge over Indianola Avenue.

2. Size of Site: 4.86 acres. 3. Existing Zoning (site): Limited “R-3” Multiple-Family Residential District.

4. Existing Land Use (site): Vacant Southern Meadows Apartment building with 10

residential units, and vacant land. 5. Adjacent Land Use and Zoning:

North – “R1-60”; Uses are single-family dwellings. South – “R1-60”; Uses are Howe Elementary School and single-family dwellings. East – “R1-60”; Uses are a single-family dwellings. West – “R1-60”; Uses are single-family dwellings.

6. General Neighborhood/Area Land Uses: The subject property is located in a primarily low density residential neighborhood on the south side of Des Moines along the Indianola Avenue traffic connector corridor.



7. Applicable Recognized Neighborhood(s): Indianola Hills Neighborhood. In September 2010, the City hired Confluence, landscape architecture firm, to prepare a redevelopment master plan for the site. Since that time, the consultants have been working with the Indianola Hills Neighborhood Association and the City to develop a plan that meets the following criteria:

Agreeable to the neighborhood.

Marketable to developers

Mitigates the stormwater concerns in the neighborhood The consultants and City Neighborhood Development staff held two meetings with the neighborhood to discuss the redevelopment plan. Based on the input from those meetings, the consultants developed the proposed Conceptual Plan that includes 38 row houses and preserves much of the green space on the site. The proposal includes three complimentary architectural unit-types. Staff has been communicating regularly with the Indianola Hills Neighborhood since October 2009 to review this redevelopment. Several meetings have been held to consider the proposed Conceptual Plan. On June 15, staff met with stakeholders from the Indianola Hills Neighborhood and the Coalition of South Side Neighborhood Associations (CSSNA) to review the Conceptual Plan. A neighborhood meeting was also held on July 19 with the Indianola Hills Neighborhood. Meeting notices were sent out to all residences within 500 feet of the subject property, and City Neighborhood Development staff worked with the neighborhood to promote the meeting. The residents in attendance were in general support of the Plan.

8. Relevant Zoning History: The City Council rezoned the property to a Limited “R-3”

on October 28, 1991 by Ord. No. 11,738, subject to the following conditions:

A) The total number of apartment units on the Property shall be limited to 60 and any additional apartment construction on the Property shall consist of no more than two 2-story, 12-plex buildings.

B) All new apartment buildings shall be constructed with only one bedroom or efficiency units and the exterior of such buildings shall be essentially of brick as approved by City Planning Department staff.

C) Public sidewalks shall be constructed along S.E. 8th Street and East Broad Street.

D) A public walkway shall be constructed connecting S.E. 7th Street with the Southwest corner of the property and an appropriate public easement for same shall be granted.

On August 28, 2011 the City Council initiated the requested rezoning to “PUD” Planned Unit Development.

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. The Commission reviews all proposals to vacate land dedicated for a specific public purpose, such as for streets and parks, to determine whether the land is still needed for such purpose or may be released (vacated) for other use. The recommendation of the Commission is forwarded to the City Council.

II. ADDITIONAL APPLICABLE INFORMATION 1. Natural Site Features: There are several mature trees scattered throughout the

site. The Conceptual Plan proposes to protect existing healthy trees to the extent possible. Any development plan, grading plan, or preliminary plat proposed as part of the requested PUD would be required to follow all Tree Protection and Mitigation Ordinances of the City.

2. Landscaping: The proposed Conceptual Plan proposes a signature landscaping feature with coniferous trees and shrubs at the southeast corner of the development in addition to protecting and retaining a significant number of the mature trees. Additionally the Plan calls for two overstory trees, two understory trees, and 20 shrubs per 100 lineal feet of common property line with adjoining residential uses. Finally, streets tree will be provided along Indianola Avenue and Southeast 8th Street except for in front of the courtyard proposed on Indianola Avenue. Staff believes that this proposal will provide a sufficient amount of overall landscaping for the site without requiring any other landscaping measures.

3. Drainage/Grading: The property currently drains generally toward the northwest

corner of the property. One of the concerns identified during the neighborhood meeting process centered around drainage as it affects adjoining residential properties. The Conceptual Plan proposes a significant detention area at the north side of the site, which would mitigate many of the existing drainage issues as well as handle any new drainage impacts of the proposed development. The Plan indicates that the current over land drainage flow is unacceptable to neighboring property and that the proposed detention will require a new public storm sewer connection from the PUD to public storm sewer in Southeast 7th Street. Any future development plan is subject to meeting all storm water management requirements.

4. Utilities: The Conceptual Plan proposes accessing water mains in both Southeast

8th Street and Indianola Avenue. Depending on final design, Des Moines Waterworks may require a loop system between connections. This would be evaluated at the development plan stage.

The proposed sanitary sewer to serve the development would access the public system in up to three different locations. Depending on final design grades for the



units, it may be necessary to provide a sanitary sewer extension to Southeast 7th Street, which would require a 30-foot wide sanitary sewer easement acquired from two existing homeowners to the north. Engineering staff recommends that the Conceptual Plan be updated on sheet 3 to show the existing homes to the north to determine the physical ability to achieve the proposed easement.

5. Traffic/Street System: The proposed PUD Conceptual Plan contemplated vacation

of Broad Street at the southeast corner of the property to be incorporated to accommodate the infill development. This does not alter any necessary traffic circulation for the surrounding neighborhood area. Traffic staff has indicated that the proposed density of up to 40 residential units on the property does not present any demand for additional improvements to the surrounding public street network.

The existing pedestrian bridge over Indianola Avenue is proposed to be retained. The Conceptual Plan proposes to modify the ramp so that it is comes straight into the development rather than parallel to Indianola Avenue as it currently exists.

6. 2020 Community Character Land Use Plan: The proposed amendment to the PUD Conceptual Plan for Low/Medium Density Residential will allow for the proposed maximum of 40 units on the property. The bulk standards should be revised on the proposed Conceptual Plan to include a statement that the maximum number of residential units on the property would be no more than 40. This is between 8 and 9 units per acre for the overall site. The intent of Low/medium Density designation is for townhouse rowhome development. The proposed maximum number of units is only six more than the previous use of the property. Staff notes that with the additional land in the PUD, the overall unit density is less than the previous use.

7. Urban Design: The proposed Conceptual Plan indicates that row houses are to be built with stoops that are setback approximately 20 feet from the street property line along Indianola Avenue in some instances. Staff recommends that the bulk regulations in the Plan be revised to indicate a minimum setback of 15 feet from all street property lines and a minimum of 20 feet from all interior property lines. The proposed architecture includes three unit-types in an effort to accommodate a variety in unit sizes and location within the relief of the property. All three unit types are shown in the architectural elevations and include compatible exterior material elements such as masonry veneers; cement board siding and trim; and asphalt shingles. There is variation proposed in windows, roof dormer and gable elements between the different unit-types but all are compatible to each other and the surrounding neighborhood. There is nothing on the plan sheet which matches the unit-type elevations to the proposed row houses on the site. Staff recommends that this be shown on the plan view sheets of the Conceptual Plan. Overall, staff believes the proposed typical architectural unit types provide a good variety and are compatible to the surrounding neighborhood. The plan describes building design guidelines to achieve the typical designs.




BASIS FOR APPROVAL Part A) Staff recommends approval of the initiated vacation of Broad Street between Southeast 8th Street and Indianola Avenue.

Part B) Staff recommends that the Commission find the proposed rezoning not in conformance with the existing Des Moines‟ 2020 Community Character Plan future land use designation. Part C) Staff recommends approval of the initiated amendment to the Des Moines‟ 2020 Community Character Plan revising the future land use designation to Low/Medium Density Residential. Part D) Staff recommends approval of the initiated rezoning from “R1-60” and Limited “R-3” to “PUD”. Part E) Staff recommends approval of the initiated PUD Conceptual Plan for “Southern Meadows” subject to the following revisions: 1. Addition to the Bulk Regulations setting a maximum of 40 units for the development. 2. Addition to the Bulk Regulations setting a minimum setback of 15 feet for buildings

and stoops from public street property lines and a minimum setback of 20 feet from all interior property lines.

3. Labeling of the referenced architectural unit-types from sheet 4 on the plan view

sheets 1 & 2. 4. Revision to sheet 3 showing existing housing footprints relative to the proposed

sanitary and storm sewer easements.

5. Addition of a statement to the Environmental Considerations that any future development is subject to all City Tree Protection and Mitigation Ordinances.

SUMMARY OF DISCUSSION Jason Van Essen presented the staff report and recommendation. Dave Dunn gave a brief history of this project. He then introduced Christopher Della Vedova with Confluence to explain some of the building elevations and the site itself. Christopher Della Vedova stated that they looked at a lot of different scenarios to work with the neighborhood to come up with architecturally pleasing designs that are economically viable. Working with the neighborhood and city staff they wanted to develop a plan that: would be agreeable to the neighborhood, marketable to developers, and would mitigate the stormwater concerns in the neighborhood. The complete team was Confluence, Coen Studio Architects; Jake Christensen with Terrus Real Estate



examining the financial side of this to make sure what came forward was also something that was financially feasible going forward. Mike Ludwig stated that the team that was hired to put this together looked marketability on this project and the architecture on this project was very significant. It sets precedence for further development. JoAnne Corigliano stated that she is excited about this project. Greg Jones asked if anyone has expressed interest in developing this project. Dave Dunn stated that right now staff is working on a RFP process to dispose of the land. Staff believes there are several interested parties. Mike Ludwig stated while the City owns the property and moving forward with the PUD some of the uncertainty and risk of what could be developed on the property for an interested party. Will Page asked if this is the site of the Booth Hospital. JoAnne Corigliano stated that it is. Will Page commented that General Booth was the head of the Salvation Army and they established this as a volunteer hospital, which means it was not a public hospital. Since the Salvation Army has been traditionally interested in the welfare of people and good health and since the hospital is no longer functioning in a way that was viable, perhaps General Booth is smiling at us now. JoAnne Corigliano stated that they tried to see if there was any way to keep the hospital but it was just in too bad of shape. CHAIRPERSON OPENED THE PUBLIC HEARING There was no one to speak in favor or in opposition with the applicant’s request CHAIRPERSON CLOSED THE PUBLIC HEARING COMMISSION ACTION: JoAnne Corigliano moved staff recommendation Part A) to approve the initiated vacation of Broad Street between Southeast 8th Street and Indianola Avenue.

THE VOTE: 11-0



JoAnne Corigliano moved staff recommendation Part B) to find the proposed rezoning not in conformance with the existing Des Moines‟ 2020 Community Character Plan future land use designation. THE VOTE: 11-0 JoAnne Corigliano moved staff recommendation Part C) to approve the initiated amendment to the Des Moines‟ 2020 Community Character Plan revising the future land use designation to Low/Medium Density Residential. THE VOTE: 11-0 JoAnne Corigliano moved staff recommendation Part D) to approve the initiated rezoning from “R1-60” and Limited “R-3” to “PUD”. THE VOTE: 11-0 JoAnne Corigliano moved staff recommendation Part E) to approve the initiated PUD Conceptual Plan for “Southern Meadows” subject to the following revisions: 1. Addition to the Bulk Regulations setting a maximum of 40 units for the development. 2. Addition to the Bulk Regulations setting a minimum setback of 15 feet for buildings

and stoops from public street property lines and a minimum setback of 20 feet from all interior property lines.

3. Labeling of the referenced architectural unit-types from sheet 4 on the plan view

sheets 1 & 2. 4. Revision to sheet 3 showing existing housing footprints relative to the proposed

sanitary and storm sewer easements.

5. Addition of a statement to the Environmental Considerations that any future development is subject to all City Tree Protection and Mitigation Ordinances.

THE VOTE: 11-0

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Other Director Report

The American Planning Association named Gray‟s Lake one of America‟s Great Places. The thanks go out to the people who put in the time and monetary resources to get that project completed; but also to Mindy Moore and Richard Brown who authored the application to the APA.



Kent Sovern stated he was thrilled with the recognition. However, it is ashamed that the Des Moines Register failed to recognize David Kruidenier and Liz Kruidenier and their role in that development. Greg Jones stated that R&O will be meeting Wednesday, October 12, 2011 at 7:30 a.m. in the P&Z Conference Room at the Armory Building.

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Meeting adjourned at 8:33 p.m.

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