present: francis boggus, dory briles, joanne corigliano ...€¦ · plan and zoning commission...

Plan and Zoning Commission Minutes of Meeting

Des Moines, Iowa August 4, 2016

PRESENT: Francis Boggus, Dory Briles, JoAnne Corigliano, Carolyn Jenison, Greg Jones, Will Page, Mike Simonson, CJ Stephens, Steve Wallace and Greg Wattier ABSENT: David Courard-Hauri, Jacqueline Easley, Jann Freed, John “Jack” Hilmes STAFF PRESENT: Mike Ludwig, Jason VanEssen, Glenna Frank, and Jen Hood JoAnne Corigliano moved to approve the minutes of the July 21, 2016 Plan & Zoning Commission meeting. Motion carried 8-0-2. (Dory Briles and CJ Stephens abstained because they were absent from the July 21, 2016 Plan & Zoning Commission meeting). Greg Jones stated the applicant for Item #6 has asked for a continuance to the August 18, 2016 Plan and Zoning Commission meeting. Greg Jones asked if there was anyone present to speak to Item #6. None were present or requested to speak on Item #6. Dory Briles moved to continue Item #6 to the August 18, 2016 Plan and Zoning Commission meeting. Motion carried 10-0. Jason VanEssen stated that the applicant for Item #5 asked for a continuance to the August 18, 2016 Plan and Zoning Commission meeting. Greg Jones asked if there was anyone present to speak to Item #5. None were present or requested to speak on Item #5. Will Page moved to continue Item #5 to the August 18, 2016 Plan and Zoning Commission meeting. Motion carried 10-0. Greg Jones asked if anyone was present to speak on consent agenda Items #1, #2, #3 or #4. None were present or requested to speak on Items #1, #2, #3 or #4. Mike Ludwig stated that for Item #4, the building will still be three stories high but per the staff reports there was discussion of the potential to expand the parking garage in the future. There is an opportunity to add a fourth level to the parking garage now. It would still be in conformance with the Capitol Dominance Overlay District and height requirements. It will help the City provide more projects in that area with some shared parking and the cost will be much less by adding on to it now rather than later. Will Page stated he thinks it is great that this part of the city is taking off. CJ Stephens moved approval of consent agenda Item #1 per staff recommendation. Motion carried 9-0-1 (Greg Wattier abstained) CJ Stephens moved approval of consent agenda Item(s) #2 & #3 per staff recommendation. Motion carried 10-0.



CJ Stephens moved approval of consent agenda Item #4 per staff recommendation. Motion carried 9-0-1 (Mike Simonson abstained). CONSENT PUBLIC HEARING ITEMS Item #1 is continued from the July 7, 2016 and July 21, 2016 meetings of the Commission. Item 1 Request from Eagle View Lofts, LLC (owner) represented by Troy Hansen (officer) for review and approval of a Site Plan "Eagle View Town Homes" under design guidelines for multiple-family residential dwellings and under design guidelines in a "D-R" District, on property located at 712 Southeast 6th Street, to allow development of 23-units of 2-story row house multiple-family dwellings with first-floor garages and rooftop patios. (10-2016-7.119) STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION 1. Purpose of Request: The proposed project would consist of three buildings

consisting of row house units. Each unit would contain a first-floor garage that would be accessed from an internal drive. The drive would connect to the parking lot for the Eagle View Lofts project. The loft project consists of a 7-story apartment building with first level parking. The site plan and building elevations for this project were approved by the Plan and Zoning Commission on September 17, 2015.

2. Size of Site: 1.05 acres or 45,891 square feet. 3. Existing Zoning (site): “D-R” Downtown Riverfront District, “R1-60” Single-Family

Low-Density Residential District, “D-O” Downtown Overlay District, “GGP” Gambling Games Prohibition Overlay District and “FSO” Freestanding Sign Overlay.

4. Existing Land Use (site): Undeveloped land. 5. Adjacent Land Use and Zoning:

North – “M-1” & “R1-60”: Uses are light industrial and single-family dwellings.

South - “R1-60”: Use is undeveloped land.

East - “M-1”: Uses are light industrial.

West - “FW”: Use is the Des Moines River and trail.

6. General Neighborhood/Area Land Uses: The subject site is located at the southern periphery of the East Village Neighborhood, to the south of the East Martin



Luther King Jr. Parkway corridor. The immediate area consists of a mix of vacant land, light industrial uses and single-family dwellings.

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

Historic East Village Neighborhood. The neighborhood was notified of the July 7, 2016, Commission meeting by mailing of the Preliminary Agenda on June 20, 2016. A Final Agenda was mailed to the neighborhood association on July 1, 2016. Additionally, separate notifications of the hearing for the site plan were mailed on June 27, 2016 (10 days prior to the hearing) to the neighborhood association and to the primary titleholder on file with the Polk County Assessor for every owner of property within 250 feet of the site. The neighborhood association was notified of the July 21, 2016, Commission meeting by mailing of the Final Agenda on July 15, 2016. All agendas and notices are mailed to the primary contact(s) designated by the recognized neighborhood association to the City of Des Moines Neighborhood Development Division. The Historic East Village Neighborhood Association mailings were sent to Chris LoRanz, P.O. Box 93904, Des Moines, IA 50393.

8. Relevant Zoning History: On June 24, 2015, the Zoning Board of Adjustment granted the applicant an Exception of 7.5 feet over the maximum 75 feet of building height in the “D-R” Downtown-Riverfront District to allow the proposed building to have a maximum height of 82.5 feet, subject to the following conditions:

a. Any construction of a multiple-family residential must be in accordance with a Site Plan under design guidelines for a multiple-family residential use as approved by the Plan and Zoning Commission.

b. Any construction of a multiple-family residential structure in the “D-

R” district must be in accordance with a Site Plan under design applicable in the “D-R” and Downtown Overlay District, as approved by the Plan and Zoning Commission.

c. Any construction of a multiple-family residential must be in

compliance with all applicable Building and Fire Codes with issuance of all necessary permits by the Permit and Development Center.

9. PlanDSM: Creating Our Tomorrow Plan Land Use Plan Designation: Downtown

Mixed Use.

10. Applicable Regulations: The Commission shall determine if the preliminary plat conforms to the standards and requirements outlined in Chapter 354 of the Iowa Code and consider the criteria set forth in Chapter 18B of the Iowa Code. The Commission shall also determine if it conforms to the City Subdivision Ordinance and shall approve, conditionally approve or reject such plat within 45 days after the



date of submission to the City Permit and Development Center. Unless the applicant agrees in writing to an extension of time, the preliminary plat shall be deemed approved if the Commission does not act within such 45-day period. The Commission's action for approval or conditional approval shall be null and void unless the final plat is submitted to the City Permit and Development Center within 270 days after the date of such action; provided, however, that the Permit and Development Administrator may grant, upon written request of the applicant, up to a 90-day extension for submittal of the final plat to the City Permit and Development Center. 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 Section 82-214.7, which are in consideration of the criteria set forth in Chapter 18B of the Iowa 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 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 proposed buildings would be three stories and 31feet tall, which complies with 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.

The building would setback over 175 feet from its closest point to the toe of the levee and would comply with this guideline.

3) Lighting: All new exterior lighting upon private property should be pedestrian in

scale. The use of private overhead floodlighting is discouraged.



The site plan indicates that all on-site exterior lighting shall be low glare cut-off type fixtures and that any pole mounted lighting along private walkways shall not exceed 15 feet in height and any pole mounted lighting in a parking area shall not exceed 20 feet in height. Staff recommends that private light poles and pole mounted light fixtures should be similar in style to a black KIM archetype light fixture, Autobahn LED Series ATBO light fixture, or of equal aesthetic quality.

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. Each unit would have an entrance on the front face. Building “A” would frame SE 6th Street. The front façade of Building “B” would face Shaw Street. However, the building is substantially setback from Shaw Street. Staff believes the proposed layout is appropriate given the steep terrain of the northern portion of the site.

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 site has 279 feet of frontage along SE 6th Street and 164 feet of frontage along Shaw Street. The buildings would occupy 56% of the frontage along SE 6th Street and would generally be within 15 feet of the property line. The buildings would occupy 74% of the frontage along Shaw Street but would be substantially setback from Shaw Street. The terrain of the northern portion of the site does not lend itself to development. Staff believes the proposal is reasonable given the site constraints.

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. Staff understands that each unit would have an individual trash container that would be stored within the garage. Staff recommends that a note be added to the site plan identifying this arrangement.

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. Staff understands that each unit would have an individual trash container that would be stored within the garage. Staff recommends that a note be added to the site plan identifying this arrangement.

7) All open areas not used for off-street loading or parking should be landscaped in accordance with the Des Moines Landscape Standards. See subparagraph 4 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, which are in consideration of the criteria set forth in Chapter 18B of the Iowa 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 exterior of the buildings would primarily consist of metal panels. Reclaimed wood or a Nichia composite material that mimics the look of wood would be used as an accent material. Each unit would have a rooftop patio with a metal railing system. Staff believes the proposed materials and design are appropriate for the urban industrial nature of the area, so long as the applicant is able to demonstrate that the gauge of the proposed metal siding and style of fasteners are durable in this application. It is also consistent with the design that was approved in 2015 for the adjoining Eagle View Lofts project.

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.

The proposed buildings would be three stories and 31 feet tall, which is appropriate for the area and complies with the minimum requirements of the “D-R” Design Guidelines and “D-O” Downtown Overlay District Design Guidelines.

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.

Each unit would have an entrance on the front face. Building “A” would frame SE 6th Street. The front façade of Building “B” would face Shaw Street. However, the building is substantially setback from Shaw Street. Staff believes the proposed layout is appropriate given the steep terrain of the northern portion of the site.

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.



Each unit would have a first-floor garage accessed from an internal driveway to minimize views of the overhead doors.

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.

N/A.

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 stairways and means of egress would be internal to the building.

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.

See subparagraph 4 of Section II for landscaping information.

In acting upon any site plan application for development of property located within the Downtown Overlay District, the community development director (or plan and zoning commission if applicable) shall apply the regulations and design guidelines in Section 82-213 of the City Code, which are in consideration of the criteria set forth in Chapter 18B of the Iowa 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 such design regulations and the following guidelines. These guidelines shall be applied to the entire site when a new building is constructed or when an existing building is cumulatively expanded by more than 50% of its gross floor area as of the time it became part of the downtown overlay district. If a building is cumulatively expanded by less than 50% of its gross floor area as of the time it became part of the downtown overlay district, then these guidelines shall apply only to the expansion of the building. A) Projects should demonstrate understanding of the micro and macro context for

the project by offering place specific solutions for materiality, massing, uses, fabric and climate that are consistent with the vision of the “What’s Next Downtown Plan”. In most cases, corporate prototype architecture may not be an acceptable design. The exterior of the buildings would primarily consist of metal panels. Reclaimed wood or a Nichia composite material that mimics the look of wood would be used as an accent material. Each unit would have a rooftop patio with a metal railing system. Staff believes the proposed materials and design are appropriate for the urban industrial nature of the area, so long as the applicant is able to



demonstrate that the gauge of the proposed metal siding and style of fasteners are durable in this application. It is also consistent with the design that was approved in 2015 for the adjoining Eagle View Lofts project. Underground utilities and black street light fixtures and poles are the desired development pattern in the downtown. Development is expected to underground overhead lines and to upgrade street lights that are located in right-of-way that adjoin the site. Staff recommends approval subject to the undergrounding of all overhead utility lines and the replacement of all street lights with black Autobahn LED Series ATBO light fixture and poles.

B) Low impact development techniques should be utilized which implement site water quality control solutions, using materials which are locally available and creating projects which minimize energy consumption. The proposed stormwater management improvements include an infiltration basin to the west of the buildings and substantial native grasses and flower plantings.

C) Connectivity between adjacent properties should be provided or demonstrated for both pedestrian and vehicular circulation. The proposal includes pedestrian and vehicular connections to SE 6th Street and the Eagle View Lofts development to the west.

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

E) Where feasible, projects should provide outdoor spaces for people gathering. The proposed development would include extensive green space and would relate well to the nearby levee and trail. Each unit would have a rooftop patio.

F) If feasible, connections to adjoining bike paths or on-street bike facilities and on-site bike racks should be provided in close proximity to building entrances. The site is in close proximity to the trails along the Des Moines River and Martin Luther King, Jr. Parkway.

G) Building heights. Minimum height for all uses should be the lesser of 36 feet or three stories. The proposed building would be three stories and 31 feet tall, which complies with this guideline.

H) Bulk standards, building setbacks, orientation, frontage and residential access:



1. All buildings with river frontage should orient towards the river and have building entrances that are oriented to the river and primary street(s).

2. All buildings without river frontage should have entrances oriented toward primary street(s).

3. All buildings should have frontage on principal street(s) of not less than 70 percent of the lot. The site has 279 feet of frontage along SE 6th Street and 164 feet of frontage along Shaw Street. The buildings would occupy 56% of the frontage along SE 6th Street and would generally be within 15 feet of the property line. The buildings would occupy 74% of the frontage along Shaw Street but would be substantially set back from Shaw Street. The terrain of the northern portion of the site does not lend itself to development. Staff believes the proposal is reasonable given the site constraints.

4. For commercial and mixed-use buildings, at least 70 percent of the building frontage should be within one foot of the property line. N/A.

5. At least one building entrance for residential uses should directly access the street when a residential use is located above street-level retail or commercial uses. N/A.

6. For residential buildings, a maximum setback of 15 feet from the public right-of-way is permitted unless superseded by bulk regulations of the underlying zoning district (i.e. R-HD Residential Historic District, R1-60 Low Density Residential District, etc.). The buildings would generally setback 15 feet from SE 6th Street, but would be substantially set back from Shaw Street. The terrain of the northern portion of the site does not lend itself to development. Staff believes the proposal is reasonable given the site constraints.

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

J) All refuse collection containers and dumpsters should be enclosed on all sides by the use of a permanent wall of wood, brick or masonry and steel gates which are compatible in design with the principal structure.



Staff understands that each unit would have an individual trash container that would be stored within the garage. Staff recommends that a note be added to the site plan identifying this arrangement.

K) All open areas not used for off-street loading or parking should be landscaped in accordance with the Des Moines Landscape Standards for C-3 districts. See subparagraph 4 of Section II for landscaping information.

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

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

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

O) Existing curb cuts should be consolidated to the minimum number necessary and be located as directed by the city traffic engineer and community development director. Vehicular access to the site would come from the parking lot of the adjoining development. No additional curb cuts are proposed.

P) Parcels proposed for development that are greater than two acres should be rezoned to a planned unit development (PUD) zoning classification. The site measures 1.05 acres. The proposal is subject to several sets of design guidelines (“D-R” District, “D-O” District and Multiple-Family Residential) that provide a level of review similar to “PUD” zoning.

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



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

II. ADDITIONAL APPLICABLE INFORMATION 1. Natural Features: Development of the site must be in compliance with the City’s

Tree Removal and Mitigation Ordinance (Section 42-550 of the City Code). 2. 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 proposed stormwater management improvements include an infiltration basin to the west of the buildings and extensive native plantings.

3. Parking: Off-street parking is not required in the “D-R” District. Each dwelling unit

would include a first-floor garage. The applicant is also proposing to construct 17 on-street angled parking spaces along the south side of Shaw Street. Any on-street parking along Shaw Street will require amendments to the City’s Traffic Ordinance and must be coordinated with the Traffic and Transportation Division.

4. Landscaping: The applicable landscaping standards include the following:

1 overstory street tree per 30 lineal feet of frontage.

1 overstory tree and 10 shrubs per 40 lineal feet of parking lot perimeter. The submitted site plan includes a total of 26 deciduous trees, 101 Feather Reed Grass plantings and 36 Prairie Dropseed Grass plantings. In addition, much of the site is going to be planted with native grasses and wild flowers. Staff is supportive of the landscape plan, but has concerns regarding the ability of native style plantings to provide an adequate screen between the east edge of the service drive and SE 6th Street. Dense shrub plantings would typically be used in a setting of this type that would generally maintain their form year round. Staff is concerned that the native plantings will flatten once they go dormant, particularly after a heavy snow.

III. STAFF RECOMMENDATION TO THE PLAN AND ZONING COMMISSION AND

BASIS FOR APPROVAL Staff recommends approval of the submitted Site Plan subject to the following:

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



2. Review and approval of the metal siding specifications by the Planning Administrator to ensure that the material and fasteners will be durable in this application.

3. Provision of black Autobahn LED Series ATBO street light fixtures and poles.

4. All site lighting shall be directed downward and shielded from adjoining properties. Any pole mounted lighting along private walkways shall not exceed 15 feet in height and any pole mounted lighting in a parking area shall not exceed 20 feet in height. Private light poles and pole mounted light fixtures are to be similar in style to a black Autobahn LED Series ATBO light fixture or of other similar esthetic quality as approved by the Planning Administrator.

5. All services lines to the building and all utility lines in the adjoining right-of-way shall be undergrounded.

6. All rooftop mechanical equipment shall be screened with material that is architecturally compatible with the building to the satisfaction of the Planning Administrator.

7. All utility meters shall be placed on rear or side facades that are internal to the site.

8. All transformers and ground-mounted equipment shall be noted on the site plan in a location approved by the Planning Administrator. The proposed transformer to the north of Building “A” shall be moved west as close as possible to the rear wall plane of the building.

9. Provision of a note that states each dwelling unit will have individual trash and recycling receptacles stored within their garage.

10. All on-street parking must comply with the City Code as administered by the City Traffic Engineer.

SUMMARY OF DISCUSSION Greg Jones asked if anyone was present to speak on this item. None were present or requested to speak. COMMISSION ACTION: CJ Stephens moved staff recommendation for approval of the submitted Site Plan subject to the following:




2. Review and approval of the metal siding specifications by the Planning Administrator to ensure that the material and fasteners will be durable in this application.

3. Provision of black Autobahn LED Series ATBO street light fixtures and poles.

4. All site lighting shall be directed downward and shielded from adjoining properties. Any pole mounted lighting along private walkways shall not exceed 15 feet in height and any pole mounted lighting in a parking area shall not exceed 20 feet in height. Private light poles and pole mounted light fixtures are to be similar in style to a black Autobahn LED Series ATBO light fixture or of other similar esthetic quality as approved by the Planning Administrator.

5. All services lines to the building and all utility lines in the adjoining right-of-way shall be undergrounded.

6. All rooftop mechanical equipment shall be screened with material that is architecturally compatible with the building to the satisfaction of the Planning Administrator.

7. All utility meters shall be placed on rear or side facades that are internal to the site.

8. All transformers and ground-mounted equipment shall be noted on the site plan in a location approved by the Planning Administrator. The proposed transformer to the north of Building “A” shall be moved west as close as possible to the rear wall plane of the building.

9. Provision of a note that states each dwelling unit will have individual trash and recycling receptacles stored within their garage.

10. All on-street parking must comply with the City Code as administered by the City Traffic Engineer.

THE VOTE: 9-0-1. (Greg Wattier abstained).

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

Item 2 Request from Ronald and Melissa Oxford (owners), 24 Hillside Avenue, for vacation of the undeveloped Hartford Avenue Right-Of-Way from Southwest 1st Street to South Union Street. (11-2016-1.16)



STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION 1. Purpose of Request: The proposed vacation would allow the applicants to control

property that provides access to their property on Hillside Avenue. The applicants currently own 3 contiguous parcels. One parcel contains their home. Their detached garage straddle across the home parcel and a vacant parcel adjoining the subject ROW. These two parcels along with the ROW should be combined as part of any vacation.

2. Size of Site: 10,050 square feet (0.24 acres). 3. Existing Zoning (site): “R1-60” One-Family Low-density Residential District and

“FSO” Freestanding Sign Overlay District. 4. Existing Land Use (site): Undeveloped street ROW. 5. Adjacent Land Use and Zoning:

North – “R1-60”, Uses are single-family dwellings. South – “R1-60”, Uses are single-family dwellings. East – “R1-60”; Use is Hartford Street. West – “R1-60”; Uses are Southwest 1st Street and single-family dwellings.

6. General Neighborhood/Area Land Uses: The subject ROW is located in a

predominantly low-density residential area. 7. Applicable Recognized Neighborhood(s): The subject property is located in the

Indianola Hills Neighborhood. The neighborhood was notified of the Commission meeting by mailing of the Preliminary Agenda on July 15, 2016. Additionally, separate notifications of the hearing for this specific item were mailed on July 25, 2016 (10 days prior to the hearing) to the Indianola Hills Neighborhood Association and to the primary titleholder on file with the Polk County Assessor for each property adjoining or across public streets from the subject street ROW. A Final Agenda was mailed to all recognized neighborhood associations on July 25, 2016. All agendas and notices are mailed to the primary contact(s) designated by the recognized neighborhood association to the City of Des Moines Neighborhood Development Division. The Indianola Hills Neighborhood Association notices were mailed to Jeni Dooley, 712 Virginia Avenue, Des Moines, IA 50315.

8. Relevant Zoning History: N/A.



9. PlanDSM: Creating Our Tomorrow Plan Land Use Plan Designation: The subject street Right-Of-Way is located in a Low Density Residential designated area.

10. Applicable Regulations: In consideration of the criteria set forth in Chapter 18B of the Iowa Code, 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. Traffic/Street System: The requested vacation would not impact the existing street

network or traffic movement in the area. It would be a significant design challenge and expense given the grade of the land to connect Harford Avenue to Southwest 1st Street. It would provide little traffic benefit based on the expense. The ROW will allow the applicant to have control of the access drive to their home and garage.

2. Utilities: There are no identified utilities in the subject ROW. Easements must be reserved for any existing utilities that may exist until such time that they may be abandoned or are relocated.

3. Future Use: The proposed vacation would allow applicant to assemble the land with other property they own contiguously and maintain control of their access. Their garage is appears to be on two parcels that should be combined along with the subject ROW once it is vacated.


BASIS FOR APPROVAL Staff recommends approval of the vacation request subject to the following: 1. Reservation of any necessary easements for any existing utilities in place.

2. Any vacated ROW shall be combined with the house and garage parcels. SUMMARY OF DISCUSSION Greg Jones asked if anyone was present to speak on this item. None were present or requested to speak. COMMISSION ACTION: CJ Stephens moved staff recommendation for approval of the vacation request subject to the following: 1. Reservation of any necessary easements for any existing utilities in place.



2. Any vacated ROW shall be combined with the house and garage parcels. THE VOTE: 10-0

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

Item 3 Request from Monahan Group, LLC (owner) represented by Rick Monahan (officer) for review and approval of a Site Plan under design guidelines for multiple-family dwellings on property located at 2424 Martin Luther King Jr. Parkway, to allow reconstruction of a two-story mixed-use building with 13 multiple-family apartment units and 5,600 square feet of office/retail space. The building was destroyed beyond 60% by fire and requires conformance under current Zoning and Site Plan Ordinances. (10-2017-7.01) STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION 1. Purpose of Request: The site plan would allow reconstruction of a two-story mixed-

use building that contains seven (7) commercial tenant bays (5,600 total square feet) of office/retail space and thirteen (13) residential dwelling units. In March of 2016, the building was destroyed beyond 60% by fire and is, therefore, required to be brought into conformance under current Zoning and Site Plan Ordinances before the site can be reused.

2. Size of Site: 1.02 acres (44,328 square feet). 3. Existing Zoning (site): “C-2” General Retail and Highway-Oriented Commercial

District and “FSO” Freestanding Sign Overlay District. 4. Existing Land Use (site): Fire-damaged mixed use (commercial and residential)

structure with surface parking lot. 5. Adjacent Land Use and Zoning:

North – “C-2”, Use is a one-story commercial structure. South – “C-2”, Uses are Amega Garage Doors and QuikTrip. East – “R-4”, Use is a 56-unit multiple-family residential structure under construction. West – “C-2”, Use is the Freedom for Youth campus.



6. General Neighborhood/Area Land Uses: The subject property is located along the Martin Luther King, Jr. Parkway corridor in an area that contains a mix of commercial and multiple-family residential uses.

7. Applicable Recognized Neighborhood(s): The subject property is located in the Prospect Park Neighborhood. The neighborhood was notified of the meeting by mailing of the Preliminary Agenda on July 15, 2016 to all recognized neighborhoods. Additionally, separate notifications of the hearing for this specific item were mailed on July 25, 2016 (10 days prior to the scheduled hearing) to the neighborhood associations and to the primary titleholder on file with the Polk County Assessor for each property within 250 feet of the site. A Final Agenda for the meeting was mailed to all the recognized neighborhood associations on July 29, 2016. All agendas and notices are mailed to the primary contact person designated to the City of Des Moines Neighborhood Development Division by the recognized neighborhood association. The Prospect Park Neighborhood Association mailings were sent to Heidi Hamand, 2920 Douglas Avenue, #8, Des Moines, IA 50310.

8. Relevant Zoning History: On May 25, 2016, the Zoning Board of Adjustment

granted an Exception of 5 feet less than the minimum required 25-foot front yard setback, to allow reconstruction of the 52-foot by 147-foot, two-story structure, that is within 20 feet of the east (front) property line along Martin Luther King, Jr. Parkway, subject to the following conditions: A) By July 31, 2016, a Site Plan prepared by a licensed engineer or licensed

landscape architect (in accordance with all applicable Site Plan regulations) shall be submitted to the City’s Permit & Development Center for review by the City Plan and Zoning Commission.

B) By June 1, 2017, the site shall be brought into substantial conformance with the approved Site Plan.

C) By June 1, 2017, the site shall be brought into conformance with all other current site development standards, including but not limited to, landscaping, trash enclosure, signage, mechanical equipment screening, exterior lighting and parking requirements. This includes the removal of the remaining pole sign post.

D) A final Certificate of Occupancy (C.O.) for occupancy of the building shall not be issued until the site is in full compliance with the approved Site Plan.

E) Any construction shall be in compliance with all applicable Building Codes, with issuance of all necessary permits by the Permit and Development Center.

9. PlanDSM: Creating Our Tomorrow Plan Land Use Plan Designation: Community Mixed Use within a Community Node.

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 in consideration of the criteria set forth in Chapter 18B of the Iowa 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

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 proposed Site Plan would allow for the existing fire-damaged building to be restored to its original design. The building is oriented toward the south and includes seven (7) commercial bays on the ground floor of the building and thirteen (13) dwelling units on the upper floor of the building. The proposed modifications would restore the building to its original appearance and would not significantly alter the building materials. The façade of the building facing Martin Luther King, Jr. Parkway would continue to be sided with vertical wooden louvers that would be repaired as necessary and repainted. Staff recommends that that a note added to the Site Plan to state that the Certificate of Occupancy required prior to occupancy of the building shall only be issued at such time that the exterior building improvements, including painting, replacement of all windows, and repair of all damaged building materials, have been fully completed

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 modifications maintain the existing size and scale of the building. The ground floor of the building will continue to be delineated as seven (7) commercial bays.

C. 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 proposed building modifications maintain the existing design of the building, which includes second floor dwelling units accessed by an interior corridor and that have balconies on both the south and north facades. The interior corridor is



accessed by stairwells integrated into the building that are not readily visible from public Right-of-Way. Staff recommends that the Site Plan provide a designated pedestrian connection between the parking lot and the primary entrance to the multiple-family dwelling units.

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. No garages are proposed.

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. No building additions are proposed.

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.

All stairwells for egress are internal to the existing 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 submitted Site Plan demonstrates that the site would be landscaped with a mix of overstory trees, understory trees, and shrubs. However, the Site Plan is deficient of Parking Perimeter Plantings, which must be provided as one (1) overstory tree and three (3) shrubs per 50 lineal feet of paved parking area.

II. ADDITIONAL APPLICABLE INFORMATION

1. Access/Parking: The Site Plan demonstrates that the existing parking lot and driveways would generally be retained and repaired as needed. However, portions of the paving within 7 feet of the front property line would be removed and replaced with landscaping material. The proposed use is required to provide 38 off-street parking spaces, including 19 spaces for 13 dwelling units (1.5 spaces per dwelling unit) and 18 spaces for 5,600 square feet of commercial space (1 space per 400 square feet for the first 4,000 square feet, plus 1 space per 200 square feet over 4,000 square feet). The submitted



site plan provides 37 off-street parking spaces, including two (2) ADA-compliant spaces. Therefore, one (1) additional parking space must be provided.

2. Additional Information: The Site Plan indicates that refuse collection containers would be located along west portion of the building in an area that would not be generally be visible. Staff recommends that a note be added to state that any refuse collection containers visible from public Right-of-Way or from a residential use shall be located within an enclosure constructed of masonry walls and steel gates. The site plan state that the gas meters are located within an interior breezeway where they are “concealed from street view”. When the Zoning Board of Adjustment granted the Exception to the minimum required front yard setback, one of the conditions of approval is that the existing freestanding pole sign must be removed. The submitted Site Plan indicates that this sign structure would be removed. Staff recommends that a note be added to the Site Plan to state that the Certificate of Occupancy required prior to occupancy of the building shall only be issued at such time that the site is in full compliance with the approved Site Plan.

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

Staff recommends approval of the subject Site Plan under design guidelines for multiple-family residential dwellings, subject to the following conditions: 1. Conformance with all administrative review comments of the Permit and

Development Center.

2. Compliance with off-street parking requirements.

3. Provision of a designated pedestrian connection between the parking lot and the primary entrance to the multiple-family dwelling units.

4. Provision of Parking Perimeter Plantings, which must be provided as one (1)

overstory tree and three (3) shrubs per 50 lineal feet of paved parking area.

5. Provision of a note stating that any refuse collection containers visible from public Right-of-Way or from a residential use shall be located within an enclosure constructed of masonry walls and steel gates.

6. Provision of a note stating that the Certificate of Occupancy required prior to

occupancy of the building shall only be issued at such time that the site is in full compliance with the approved Site Plan.



7. Provision of a note stating that the Certificate of Occupancy required prior to occupancy of the building shall only be issued at such time that the exterior building improvements, including painting, replacement of all windows, and repair of all damaged building materials, have been fully completed.

SUMMARY OF DISCUSSION Greg Jones asked if anyone was present to speak on this item. None were present or requested to speak. COMMISSION ACTION: CJ Stephens moved staff recommendation for approval of the subject Site Plan under design guidelines for multiple-family residential dwellings, subject to the following conditions: 1. Conformance with all administrative review comments of the Permit and

Development Center.

2. Compliance with off-street parking requirements.

3. Provision of a designated pedestrian connection between the parking lot and the primary entrance to the multiple-family dwelling units.

4. Provision of Parking Perimeter Plantings, which must be provided as one (1)

overstory tree and three (3) shrubs per 50 lineal feet of paved parking area.

5. Provision of a note stating that any refuse collection containers visible from public Right-of-Way or from a residential use shall be located within an enclosure constructed of masonry walls and steel gates.


occupancy of the building shall only be issued at such time that the site is in full compliance with the approved Site Plan.


occupancy of the building shall only be issued at such time that the exterior building improvements, including painting, replacement of all windows, and repair of all damaged building materials, have been fully completed.

THE VOTE: 10-0

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



Item 4 Request from 220 SE 6th Street Properties, LLC (developer) represented by Adam Petersen (officer) for review and approval of a Site Plan “220 SE 6th Street” under design guidelines in “C-3B” Districts on property located at 220 Southeast 6th Street, to allow development of a 3-story, 50,000-sqaure foot office building and 4-level parking structure. The subject property is owned by KP Assets, LLC. (10-2017-7.03) STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION 1. Purpose of Request: The applicant is proposing to construct a three (3) story,

50,000-square foot office building, with a 3-level parking structure. Approximately half of the office building will be used by the applicant and other equity partners in the project, with the other approximately 18,000 square feet available for lease. The project will include construction of a segment of East Elm Street Right-Of-Way that is currently undeveloped. A section of public storm sewer will also be constructed to serve the development. The applicant is pursuing a development agreement with the City, which required the City’s Urban Design Review Board review the project. The Board approved the overall design concept and drawings at their June 14, 2016 meeting and a revised design at their June 21, 2016 meeting.

2. Size of Site: 43,566 square feet (1.0 acre). 3. Existing Zoning (site): "Limited C-3B" Central Business Mixed Use District, “D-O”

Downtown Overlay District, “CDO” Capitol Dominance Overlay District, “GGP” Gambling Games Prohibition District, and “FSO” Freestanding Sign Overlay District.

4. Existing Land Use (site): Vacant land. 5. Adjacent Land Use and Zoning:

North – “C-3”, Use is office (Enterprise Rent-A-Car) on east half of the lot.

South – “M-1”, Use is East Elm Street Right-Of-Way and light industrial (AJ Allen Mechanical Contractors).

East – “M-2”, Use is Southeast 6th Street Right-Of-Way and a recycling company (Recycling Inc.).

West – “M-1”, Use is Southeast 5th Street Right-Of-Way and City of Des Moines Public Works offices.



6. General Neighborhood/Area Land Uses: The site is located at the eastern edge of the Market District in the portion of downtown known as the Historic East Village. It is bound by Southeast 5th Street, Southeast 6th Street and East Elm Street. The area contains a mix of commercial and light industrial uses. In 2010, a plan for the surrounding area (east of Des Moines River to Southeast 7th Street and East Court Avenue to East Martin Luther King Jr. Parkway) was prepared. The Market District of East Village Urban Study envisions this predominately light-industrial area redeveloping as a mixed-use urban neighborhood.


Historic East Village Neighborhood. The neighborhood was notified of the Commission meeting by mailing of the Preliminary Agenda on July 15, 2016. A Final Agenda was mailed to the neighborhood association on July 29, 2016. Additionally, separate notifications of the hearing for the Site Plan were mailed on July 25, 2016 (10 days prior to the hearing) to the neighborhood association and to the primary titleholder on file with the Polk County Assessor for every owner of property within 250 feet of the site.

All agendas and notices are mailed to the primary contact(s) designated by the recognized neighborhood association to the City of Des Moines Neighborhood Development Division. The Historic East Village Neighborhood Association notices were mailed to Chris LoRanz, PO Box 93904, Des Moines, IA 50393.

8. Zoning History: On February 11, 2013, the City Council adopted Ordinance number

15,166, which amended the zoning of property located at 200 and 220 Southeast 6th Street, from “M-1” Light Industrial District and “M-2” Heavy Industrial District to “Limited C-3B” Central Business Mixed Use District classification, subject to the following imposed additional conditions: (1) The following uses shall be prohibited:

a. Assembly and packaging of small components from previously prepared materials within a fully enclosed building. b. Auction businesses. c. Financial institutions whereby a majority of loans are made based on collateral of future payroll or vehicle titles. d. Lumberyards, retail and wholesale. e. Machine shops. f. Freestanding package goods stores for the sale of alcoholic beverages. g. Pawnshops. h. Printing, publishing houses and lithographing shops. i. Plumbing and heating shops. j. Miniwarehouse uses. k. Freestanding taverns and night clubs. l. Warehousing.

(2) The site layout of any development shall be in accordance with the Market District of East Village Urban Design Study.



(3) The density of any residential development shall be dependent upon Site Plan review.

(4) Any residential development shall utilize measures to minimize impacts on the health, safety, and welfare of future residents from the nearby industrial uses. Such measures may include additional soundproofing, landscaping, and/or screening.

(5) Any development shall be in accordance with a Site Plan that satisfies the design guidelines for the C-3B and Downtown Overlay Districts.

(6) Any development of a multiple-family residential use shall be in accordance with a Site Plan that satisfies the Design Guidelines for Multiple-Family Residential use.

(7) The developer shall be responsible for the costs associated with improvements within the adjoining public right-of-ways.

9. PlanDSM: Creating Our Tomorrow Plan Land Use Plan Designation: “Downtown

Mixed Use”. The Plan describes this category as an “area that allows mixed-use, high-density residential uses, and compact combinations of pedestrian-oriented retail, office, residential, and parking in downtown. Should include active uses (e.g. retail) on ground floor, particularly at key intersections.”

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

located within the “C-3B” Central Business Mixed-Use District, the Plan and Zoning Commission shall apply the design regulations in City Code Section 82-213, which are in consideration of the criteria set forth in Chapter 18B of the Iowa 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 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 “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 proposed building would be three stories tall with a total height of 45 feet.

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. Not applicable.

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 does not provide design detail of proposed lighting fixtures. All exterior lighting provided should be low-glare cut-off fixtures not to exceed 20 feet in height. Black archetype fixture replacements are required for any street lights along East Elm Street, Southeast 5th Street and Southeast 6th Street.

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.

Not applicable.

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.

The proposed building would occupy almost 99% of the East Elm Street frontage and would set at or be within 1 foot of the south property line. The building would occupy around 92% of the frontage along Southeast 5th



Street, 85% of the frontage along Southeast 6th Street frontage and would set at or be within 1 foot of the property line.

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.

A trash enclosure is located within the parking structure. The proposed development includes a structured parking garage to service the project, accessed from East Elm Street. The submitted Site Plan drawing does not provide detail of the parking garage access. If the access is gated or has a garage door, appropriate queuing space must be provided in accordance with review comments from Permit and Development Center.

e. Restaurants may operate outdoor cafes on public sidewalks while

maintaining pedestrian circulation subject to obtaining an areaway permit.

No sidewalk cafes are proposed.

6) Storage of any and all materials and equipment should take place within

completely enclosed buildings. All open areas should be paved or landscaped, properly maintained and kept free from refuse and debris. All refuse collection containers and dumpsters should be enclosed on all sides by the use of a permanent wall of wood, brick, or masonry. The enclosure, including any gates for pedestrian and/or disposal truck access, should be constructed to provide at least a 75% opaque screen of the receptacle from any street. No outdoor storage is proposed. A trash enclosure is located within the parking structure.

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) Refer to Subsection 4 in Section II of the staff report.

8) Access doors for any warehouse use and any loading docks should not front on any public street. That portion of a building fronting on a public street should be used in an office or other commercial use. No warehouse use or loading docks are proposed.

II. ADDITIONAL APPLICABLE INFORMATION 1. Downtown Overlay District Design Guidelines: In acting upon any Site Plan

application for development of property located within the Downtown Overlay



District, the community development director (or plan and zoning commission if applicable) shall apply the regulations and design guidelines in Section 82-213 of the City Code, which are in consideration of the criteria set forth in Chapter 18B of the Iowa 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 such design regulations and the following guidelines. These guidelines shall be applied to the entire site when a new building is constructed or when an existing building is cumulatively expanded by more than 50% of its gross floor area as of the time it became part of the downtown overlay district. If a building is cumulatively expanded by less than 50% of its gross floor area as of the time it became part of the downtown overlay district, then these guidelines shall apply only to the expansion of the building.

A) Projects should demonstrate understanding of the micro and macro context for the project by offering place specific solutions for materiality, massing, uses, fabric and climate that are consistent with the vision of the “What’s Next Downtown Plan”. In most cases, corporate prototype architecture may not be an acceptable design.

The “What’s Next Downtown Plan” envisions a dense and pedestrian friendly downtown. East Elm Street, Southeast 5th Street and Southeast 6th Street are designated pedestrian corridors. Staff believes the proposed development is of an appropriate density for the emerging development area and is consistent with this guideline. The building would be similar in scale to what is present in the East Village.

The site is also set within the Market District. The proposed development would provide for new infrastructure through construction of a segment of the East Elm Street Right-Of-Way and construction of a section of public storm sewer, as indicated in the Market District of East Village Urban Study. The building is anticipated to initially attract office uses, but as the District evolves, retail or restaurant uses could be accommodated along Southeast 6th Street frontage.

B) Low Impact development techniques should be utilized which implement site

water quality control solutions, using materials which are locally available and creating projects which minimize energy consumption.

The applicant has indicated that if a storm detention pump system is used, it will have expansion capabilities for inclusion of possible future development on the north part of the block. The applicant is also working to understand the possible district geothermal loop and any infrastructure that could be added to East Elm Street so the loop could be extended in the future.

C) Connectivity between adjacent properties should be provided or demonstrated

for both pedestrian and vehicular circulation.



The building would have direct access to the public sidewalk along Southeast 6th Street and East Elm Street. Both streets are designated pedestrian corridors. The proposed parking structure would be accessed from East Elm Street.

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

E) Where feasible, projects should provide outdoor spaces for people gathering.

A brick patio is indicated along the north façade of the proposed building. In the north yard area there is a sidewalk to connect through the egress at the parking garage. Staff understands that the applicant is considering expansion of the brick patio, and provision of a shared courtyard along the north façade depending on the future development to the north.

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

on-site bike racks should be provided in close proximity to building entrances.

Bike racks are proposed in the northeast corner of the site near the East 6th Street sidewalk. Staff believes additional bike racks are needed along southwest corner of the site.

G) Building heights. Minimum height for all uses should be the lesser of 36 feet or

three stories.

The existing 3-story building has a height of 45 feet.

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

building entrances that are oriented to the river and primary street(s). 2. All buildings without river frontage should have entrances oriented toward

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

percent of the lot. 4. For commercial and mixed-use buildings, at least 70 percent of the building

frontage should be within one foot of the property line. 5. At least one building entrance for residential uses should directly access the

street when a residential use is located above street-level retail or commercial uses.

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

The proposed building would occupy almost 99% of the East Elm Street frontage and would set at or be within 1 foot of the south property line. The building would



occupy around 92% of the frontage along Southeast 5th Street, 85% of the frontage along Southeast 6th Street frontage and would set at or be within 1 foot of the property line. While the proposed building satisfies the above guidelines, it is placed within the vision clearance triangle at the East Elm Street and Southeast 6th Street intersection. In the absence of providing a traffic bump-out at the intersection, the building must be shifted north and placed outside of the vision triangle.

I) Storage of all materials and equipment should take place within completely

enclosed buildings. No outdoor storage is proposed.

J) All refuse collection containers and dumpsters should be enclosed on all sides by the use of a permanent wall of wood, brick or masonry and steel gates which are compatible in design with the principal structure. A trash enclosure is located within the parking structure.

K) All open areas not used for off-street loading or parking should be landscaped in accordance with the Des Moines Landscape Standards for C-3 districts. Refer to Subsection 4 in Section II of the staff report.

L) Access doors for any warehouse use and any loading docks should not front on any public street. No overhead doors or warehouse use is proposed at this time.

M) Gas stations/convenience stores should be limited to no more than six pumps and allow no more than 12 vehicles to be fueled at one time. Not applicable.

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

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



The site plan includes an access to the proposed parking structure from East Elm Street. East Elm Street, Southeast 5th Street and Southeast 6th Street are designated pedestrian corridors.

P) Parcels proposed for development that are greater than two acres should be rezoned to a planned unit development (PUD) zoning classification. Not applicable.

Q) Auto-dominant uses as described in guideline “N” above should be located in a mixed use commercial center and with buildings possessing a unified commercial design. Not applicable.

R) Parking ramps should either include ground floor retail or commercial space, be designed for conversion to retail or commercial space, or have significant architectural detail. Not applicable.

2. Capitol Dominance Overlay District Design Guidelines: The subject property is

also within the “CDO” Capitol Dominance Overlay District, which limits the height of structures in order to “preserve and protect the dominance of the State Capitol and the view of the Capitol from prominent public viewing areas”. The overlay district regulations for this parcel limit a structure to a maximum building height of 55 feet, with the caveat that a building may have a maximum height of 75 feet if the portion of the structure over 55 feet in height is entirely devoted to a residential use. The proposed building would be 45 feet in height and comply with this standard.

3. Parking & Access: Off-street parking is not required in the “C-3B” District. The existing primary pedestrian entrance is at street level with direct sidewalk connections. The submitted Site Plan indicates an existing three-bike rack located near the northeast corner of the site. Staff is recommending additional bike parking at the southwest corner of the site, along the Southeast 5th Street and East Elm Street intersection. Vehicular access would be from East Elm Street.

4. Landscaping: The Site Plan is subject to parkway plantings as applicable in the “C-

3” Districts along East Elm Street, Southeast 5th Street and Southeast 6th Street. The submitted plan shows parkway plantings within 4-foot by 10-foot planters along Elm Street, 3 feet from back of curb. Parkway plantings along Southeast 6th Street and along Southeast 5th Street are proposed within 4-foot by 10-foot planters, 2-feet from back of curb. The site is subject to vision clearance requirements along East Elm Street and Southeast 5th Street and Southeast 6th Street intersections. Staff recommends parkway plantings should be adjusted in compliance with the City’s Permit and Development Center review comments to account for the appropriate



use of vision clearance triangles, which will be different on a commercial driveway than what is required at an intersection.

Commercial driveways command a 20-foot distance to the nearest tree on the near side (east) of traffic flow whereas it is 10-feet from the far side (west) of the traffic flow from the drive. The street trees shall start their sequencing from the closest proximate street trees on the neighboring property to the north or rather, be sequenced to maximizing the quantity of street trees provided while reaching the 5’ X 15’ planter bed size with 15 feet of clear space between each one (1) over-story deciduous tree per 30 lineal feet, with 15-feet between each tree planter, as part of parkway plantings in compliance with City’s landscaping standards and the City’s Permit and Development Center review comments. Alternately, Staff is recommending construction of a landscaped traffic bump-out along East Elm Street in the Southeast 6th Street and East Elm Street intersection, and along East Elm Street in the Southeast 5th Street and East Elm Street intersection. This alternate solution would reduce the vision clearance triangle allowing for the required parkway plantings as well as increase pedestrian safety. Any traffic bump-out must be constructed in compliance with review and approval of the City’s Traffic Engineer. Furthermore, the proposed building is placed within the vision clearance triangle at the East Elm Street and Southeast 6th Street intersection. In the absence of providing a traffic bump-out at the intersection, the building must be shifted north and be placed outside of the vision triangle.

5. Additional Information: The submitted Site Plan does not indicate any canopies or sun shades at this time. Any encroachments like door swings, canopies or building overhangs within the City Right-Of-Way are subject to vacation of surface/air rights.


BASIS FOR APPROVAL Staff recommends approval of the proposed Site Plan amendment, subject to the following conditions:


2. Any proposed building must be placed outside of vision clearance triangles.

3. All exterior lighting shall be low-glare cut-off fixtures with any pole mounted

fixtures not exceeding 20 feet in height.

4. Any street light within adjoining right-of-way shall be replaced with black Autobahn LED Series ATBO light fixtures.



5. Provision of bike racks at the southwest corner of the site along Southeast 5th Street and East Elm Street intersection.

6. Provision of adjusted parkway plantings in accordance with the City’s Landscaping Standards and as approved by the Planning Administrator.

7. Any construction of traffic bumpouts shall be subject to review and approval by the City’s Traffic Engineer.

SUMMARY OF DISCUSSION Greg Jones asked if anyone was present to speak on this item. None were present or requested to speak. Mike Ludwig stated that the building will still be three stories high but per the staff reports there was discussion of the potential to expand the parking garage in the future. There is an opportunity to add a fourth level to the parking garage now. It would still be in conformance with the Capitol Dominance Overlay District and height requirements. It will help the City provide more projects in that area with some shared parking and the cost will be much less by adding on to it now rather than later. COMMISSION ACTION CJ Stephens moved staff recommendation for approval of the proposed Site Plan amendment including a 4-level parking garage, subject to the following conditions: 1. Compliance with all administrative review comments of the City’s Permit and

Development Center. 2. Any proposed building must be placed outside of vision clearance triangles. 3. All exterior lighting shall be low-glare cut-off fixtures with any pole mounted fixtures

not exceeding 20 feet in height. 4. Any street light within adjoining right-of-way shall be replaced with black Autobahn

LED Series ATBO light fixtures. 5. Provision of bike racks at the southwest corner of the site along Southeast 5th Street

and East Elm Street intersection. 6. Provision of adjusted parkway plantings in accordance with the City’s Landscaping

Standards and as approved by the Planning Administrator. 7. Any construction of traffic bumpouts shall be subject to review and approval by the

City’s Traffic Engineer. THE VOTE: 9-0-1 (Mike Simonson abstained from the vote.)



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

**************************************************************************************************** PUBLIC HEARING ITEMS Item #5 is continued from the July 21, 2016 meeting of the Commission. Item 5 Request from Enrique and Oscar Zenteno (owners) to rezone property located at 2348 and 2354 East Grand Avenue.

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

existing PlanDSM Creating Our Tomorrow.

B) Amend the PlanDSM Creating Our Tomorrow to revise the existing future land use designation from Low Density Residential to Neighborhood Mixed Use. (21-2016-4.09)

C) Rezone property from "R1-60" One-Family Low-Density Residential District to "C-

2" General Retail and Highway Oriented District, to allow for legal non-conforming auto repair business to be brought into conformance. (ZON2016-00120)

STAFF REPORT TO THE PLANNING COMMISSION

I. GENERAL INFORMATION 1. Purpose of Request: The applicant is seeking to allow an illegal expansion of a

previously legal non-conforming garage for general motor vehicle repair (d/b/a EZ Llantera Tire Shop) into property located at 2348 East Grand Avenue. The property at 2354 East Grand Avenue lost legal non-conforming rights at a point in time when the business activities extended into additional residentially zoned property to the west.

2. Size of Site: 120-foot by 130-foot (15,600 square feet).

3. Existing Zoning (site): “R1-60” One-Family Low-Density Residential District and “FSO” Freestanding Sign Overlay District.

4. Existing Land Use (site): The property known as 2354 East Grand Avenue includes a one-story 2,434-square foot repair garage and paved aprons. The property known as 2348 East Grand Avenue is unimproved but has evidence of vehicular circulation and storage.

5. Adjacent Land Use and Zoning:

East - “R1-60”; Uses are fire damaged, vacant commercial building and single-family dwellings.



West - “R1-60”; Uses are single-family dwellings. North - “R1-60”; Uses are single-family dwellings. South - “R1-60”; Uses are single-family dwellings.

6. General Neighborhood/Area Land Uses: The subject property is located in an area that is developed primarily with single-family residential use with scattered, older commercial structures.

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

the Fairground Neighborhood. All neighborhood associations were notified of the meeting by mailing of the Preliminary Agenda on July 1, 2016. Additionally, separate notifications of the hearing for this specific item were mailed on July 1, 2016 (20 days prior to the hearing) and July 11, 2016 (10 days prior to the hearing) to the primary titleholder on file with the Polk County Assessor for each property within 250 feet of the requested rezoning. A Final Agenda for the meeting was mailed to all the recognized neighborhood associations on July 15, 2015. The Fairground Neighborhood Association mailings were sent to Sharon Cooper, 2838 Logan Avenue, Des Moines, IA 50317. The applicant is required to hold a neighborhood meeting. They have indicated that this is scheduled for July 19, 2016.


9. PlanDSM Land Use Plan Designation: Low Density Residential. 10. 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, and taking into consideration the criteria set forth in Chapter 18B 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.

II. ADDITIONAL APPLICABLE INFORMATION 1. PlanDSM Creating Our Tomorrow: The future land use designation for the

property is currently Low Density Residential, which is defined as areas developed primarily with a single-family and two-family residential units up to 6 units per net acre. The proposed rezoning would require an amendment to the Neighborhood Mixed Use designation. This designation accommodates small scale mixed use development typically located at the intersections of collector and arterial streets and along transportation corridors. Non-residential development is designed to serve the immediate neighborhood and include small retail, offices, restaurants, and service-



oriented development. Development in this classification could have a large impact on adjoining low density residential properties and the environment which would need to be mitigated. The proposed Neighborhood Mixed Use designation would be surrounded by remaining Low Density Residential designation. While there are other existing commercially zoned properties within a few blocks, the PlanDSM designates this area for Low Density Residential. The Plan does not contemplate adding additional commercial use or development in the immediate area. Therefore, staff does not believe that either the proposed amendment to the PlanDSM future land use designation or the proposed rezoning to an “C-2” General Retail and Highway-Oriented Commercial District are appropriate given the recent adoption of PlanDSM.

2. Additional Information: The subject property has an enforcement history dating back to 2002 that includes violations such as storage of inoperable vehicles, storage of junk/debris vehicle parking and storage on unpaved surfaces or on adjoining Right-Of-Way. There have also been several impounds of vehicles from the property in that time. In 2015, the City initiated legal proceedings against the property. This process is still pending awaiting further filings. The applicant has sought the remedy to rezone in the interim. Should the property be rezoned for allowance of the vehicle repair shop use, the illegal expansion has already triggered the subsequent need for Site Plan compliance for the entire site with the Permit and Development Center.

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

Part A) Staff recommends that the proposed rezoning be found in not in conformance with the existing PlanDSM future land use designation of Low Density Residential. Part B) Staff recommends denial of the requested amendment to the PlanDSM future land use designation from Low Density Residential to Neighborhood Mixed Use. Part C) Staff recommends denial of rezoning the property to “C-2” General Retail and Light Industrial District. SUMMARY OF DISCUSSION Jason VanEssen stated the applicant for Item #5 has asked for a continuance to the August 18, 2016 Plan and Zoning Commission meeting. Greg Jones asked if anyone was present to speak on Item #5. None were present or requested to speak on this item.



COMMISSION ACTION Dory Briles moved to continue this item to the August 18, 2016 Plan and Zoning Commission meeting. THE VOTE: 10-0

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

Item 6 Request from Roers Investments, LLC (purchaser) represented by Brian Roers (officer) to rezone property at 2301 Ingersoll Avenue. The subject property is owned by All People Re Investment, LLC:

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

existing PlanDSM Creating Our Tomorrow future land use designation.

B) Rezone property from “NPC” Neighborhood Pedestrian Commercial District to “PUD Planned Unit Development. (ZON2016-00119)

C) Approve the proposed 2301 Ingersoll Avenue PUD Conceptual Plan to allow mixed-use development of 155 multiple-family residential units and 10,000 square feet of first story retail/office/restaurant area within a 4-story building fronting the entire block with minimal setback from Ingersoll Avenue. This building would have first level structured parking and minimal setbacks to portions of 23rd Street and 24th Street through the center portion of the block. Also development of 30 multiple-family residential units within a 3-story apartment building fronting the entire north end of the block with minimal setback from High Street.

STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION 1. Purpose of Request: The applicant is seeking rezoning of the property to construct

a mixed-use development of 155 multiple-family residential units and 10,000 square feet of first story retail/office/restaurant area within a 4-story building fronting the entire block with minimal setback from Ingersoll Avenue. This building would have first level structured parking and minimal setbacks to portions of 23rd Street and 24th Street through the center portion of the block. Also development of 30 multiple-family residential units within a 3-story apartment building fronting the entire north end of the block with minimal setback from High Street.

2. Size of Site: 2.597 acres (113,136 square feet).



3. Existing Zoning (site): NPC, Neighborhood Pedestrian Commercial District with Freestanding Sign Overlay.

4. Existing Land Use (site): The property includes a vacant 11,315 square foot restaurant building (formerly China One Buffet) and associated surface parking lot.

5. Adjacent Land Use and Zoning:

East - “NPC”; Uses are surface parking lots and offices (Mediacom). West - “NPC” and “R1-60”; Uses are office/retail (Vogue Vision Center) and single-

family dwellings. North - “R1-60”; Uses are single-family dwellings. South - “NPC”; Uses are restaurant (Noah’s), office (Des Moines Public Schools),

surface parking lots and multi-family residential.

6. General Neighborhood/Area Land Uses: The subject property is located on the Ingersoll mixed use corridor and Woodland Heights Neighborhood which has a vibrant mix of retail, office, restaurant, multi-family residential and single-family residential uses.

7. Applicable Recognized Neighborhood(s): The subject property is located within the Woodland Heights Neighborhood Association. All neighborhood associations were notified of the meeting by mailing of the Preliminary Agenda on July 15, 2016. Additionally, separate notifications of the hearing for this specific item were mailed on July 15, 2016 (20 days prior to the hearing) and July 25, 2016 (10 days prior to the hearing) to the primary titleholder on file with the Polk County Assessor for each property within 250 feet of the requested rezoning. A Final Agenda for the meeting was mailed to all the recognized neighborhood associations on July 29, 2015. The Woodland Heights Neighborhood Association mailings were sent to Laura Tofteland, 2723 High Street, Des Moines, IA 50312. Since the date of the mailings, Doug Macbride has assumed the role of primary contact for the Woodland Heights Neighborhood. Staff has notified Mr. McBride of the applicant’s request for continuance to the August 18, 2016 meeting. The applicant attended a joint meeting with representatives of the Des Moines West Chamber, Ingersoll and Grand SSMID Board, and Restoration Ingersoll Board on June 7, 2016. The applicant hosted a meeting for neighboring property owners and residents of the Woodland Heights Neighborhood Association on June 7, 2016. The applicant and staff also attended the Woodland Heights Neighborhood Association regular meeting on June 21, 2016. Each of these meetings were held prior to submittal of the formal PUD zoning and conceptual plan application to the City of Des Moines on July 22, 2016.




9. PlanDSM Land Use Plan Designation: Community Mixed-Use within a Neighborhood Node.

10. 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, and taking into consideration the criteria set forth in Chapter 18B 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.

II. ADDITIONAL APPLICABLE INFORMATION 1. PlanDSM Creating Our Tomorrow: The future land use designation for the

property is currently Community Mixed Use, which is defined as areas developed primarily with small-to medium-scale mixed use development, located on high capacity transit corridors or at the intersection of transportation corridors. Community mixed use areas include both a mix of medium density residential and a mix of retail and service establishments designed to attract customers from a large service area encompassing multiple neighborhoods and may include specialty retail that attracts regional customers. Neighborhood Nodes are the smallest in size and offer services that provide for basic daily needs of the local population in the surrounding neighborhood. They may include restaurants, shops and smaller scale businesses. Residential development including low-medium and medium densities may occur. In areas where a Neighborhood Node overlaps a Community Mixed Use Corridor medium and high density residential densities are appropriate.

2. Additional Information: The applicant is diligently preparing modifications to their plans in order to address both staff and neighborhood concerns. The applicant respectfully requests a continuance to the August 18, 2016 Plan and Zoning Commission meeting.


BASIS FOR APPROVAL Staff recommends continuance of this item to the August 18, 2016 Plan and Zoning Commission meeting. SUMMARY OF DISCUSSION Greg Jones asked if anyone was present to speak on this item. None were present or requested to speak.



COMMISSION ACTION: Dory Briles moved staff recommendation to continue to the August 18, 2016 Plan and Zoning Commission meeting. THE VOTE: 10-0

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

Item 7 Request from Quik Trip Corporation (owner) represented by Mike Talcott (officer) for review and approval of an amendment to the Site Plan “Quik Trip Store #0560” under design guidelines for gas stations/convenience stores, on property located at 2300 and 2404 Martin Luther King Jr. Parkway; to remove the existing store, pump island canopy and garage door contractor business; and develop a 5,773-square foot store with a 12 fueling location pump island canopy. Additional subject property is owned by Dwayne Carter. (10-2016-7.124) STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION 1. Purpose of Request: The applicant is proposing to redevelop the site with a 5,773-

square foot gas station/convenience store with a pump island canopy with 12 fueling locations (6 pumping apparatus). The existing Quik Trip convenience store building and canopy along with the adjoining Amega Garage Door contractors building would be demolished to make way for the site redevelopemt.

2. Size of Site: 1.85 acres (80,379 square feet). 3. Existing Zoning (site): “C-2” General Retail and Highway Oriented Commercial

District and “FSO” Freestanding Sign Overlay. 4. Existing Land Use (site): Quik Trip convenience store and gas pump island canopy

and Amega Garage Doors commercial building. 5. Adjacent Land Use and Zoning:

North – “C-2” Uses is mixed use commercial and multiple-family dwelling.

South – “C-2”; Use is Burger King drive-through restaurant.

East – “C-2” & “R-4”; Uses are auto parts store, car wash, and senior living multiple-family dwelling under development.



West – “C-2”, Use is Freedom For Youth Ministries social service campus. 6. General Neighborhood/Area Land Uses: The subject site is located at the

commercial intersection of Hickman Road and Martin Luther King, Jr. Parkway on the northwest side of Des Moines.


Prospect Park Neighborhood and within 250 feet of the Mondamin Presidential Neighborhood. The neighborhoods were notified of the Commission meeting by mailing of the Preliminary Agenda on July 15, 2016. A Final Agenda was mailed to the neighborhood association on July 29, 2016. Additionally, separate notifications of the hearing for the site plan were mailed on July 25, 2016 (10 days prior to the hearing) to the Prospect Park Neighborhood Association, Mondamin Presidential Neighborhood and to the primary titleholder on file with the Polk County Assessor for each property within 250 feet of the site.

All agendas and notices are mailed to the primary contact(s) designated by the recognized neighborhood association to the City of Des Moines Neighborhood Development Division. The Prospect Park Neighborhood Association notices were mailed to Heidi Hamand, 2920 Douglas Avenue, Unit #8, Des Moines, IA 50310. The Mondamin Presidential Neighborhood notices were sent to Valerie Allen, 1934 Jefferson Avenue, Des Moines, IA 50314.

8. Relevant Zoning History: None. 9. PlanDSM Creating Our Tomorrow Land Use Plan Designation: Community

Mixed Use within a Community Node. 10. Applicable Regulations: In consideration of the criteria set forth in Chapter 18B of

the Iowa Code, any Site Plan application which includes property used as a gas station or convenience store and for extension of parking shall be approved by the Plan and Zoning Commission if the proposed Site Plan conforms with the design regulations in Section 82-213 and the following additional design guidelines in Section 82-214.01 and Section 82-214.08 of the City Code, unless the commission determines that the construction and use of the site will have a significant detrimental impact on the use and enjoyment of adjoining residential uses.

II. ADDITIONAL APPLICABLE INFORMATION 1. PlanDSM: The site is within a Community Node. This site differs in character from

the proposed store site at East 15th Street and East Grand Avenue, which is in a Neighborhood Node in that it is an area that is more auto-oriented in its character. It also does not directly abut pedestrian-oriented commercial development or low-density residential neighborhoods. Therefore, it is not imperative that the building be brought to the address the street. However, it should still provide sufficient access to transit and provide adequate pedestrian connections to provide access to surrounding higher density residential development. There is a DART stop along the



Hickman Road frontage just east of the westernmost south drive entrance. Dart has not requested a shelter location at this time. However, pedestrian routes from the store to the bus stop should be accommodated. The proposed site does shift the pump island canopy away from the intersection and the store closer to the intersection. This allows accommodation for better pedestrian connections to the surrounding sidewalk area without crossing through the pump area.

2. Design Guidelines for Gas Station/Convenience Stores: The following design guidelines are applicable for any site plan for a gas station/convenience store: 1). Site Design.

A. The optimal layout of any individual site requires an in-depth understanding of local context and a thorough site analysis. The components of a gas station and convenience store to be considered in site design include, but are not limited to: (i) Primary structure/retail sales building/single or multiple tenant; (ii) Pump island, canopy structure, and lighting; (iii) Refuse, service and storage area; (iii) Circulation systems and parking; (iv) Service bays; (v) Ancillary uses such as car washes, drive through uses, ATMs and

telephones. The Site Plan includes all the traditional elements of a convenience store site. However, the proposal does place the pumps to the north away from the intersection bringing the store closer to the intersection. All driveway entrances are onto the primary corridors. There are no service bays. The only other ancillary use shown is the air compressor. Staff believes that this should be shifted out of the front yard setback and moved towards the refuse collection enclosure.

B. Maximum size of site should not exceed two (2) acres without a rezoning to a

PUD Planned Unit Development pursuant to Chapter 134, Division 13 of the Municipal Code of the City of Des Moines and site review under a Conceptual Plan approved by the Plan and Zoning Commission and City Council.

The site measures 1.85 acres.

C. Minimum open space should be 20 percent (20%) of the site or 1,000 square

feet per vehicle fueling location, whichever is greater.

The site measures 80,379 square feet and would contain 12 fueling locations. A total of 16,076 square feet of open space is required to comply with this guideline. There is 16,314 square feet of open space proposed.



D. All development proposals should show evidence of coordination with the Site

Plan as well as arrangement of buildings and planning elements of neighboring properties by: (i) Responding to local development patterns and the streetscape by use of

consistent building setbacks, orientation and relationship of structures to the street and linkages to pedestrian facilities;

(ii) Seeking shared-access with adjoining commercial uses where feasible to minimize curb cuts and enhance pedestrian and vehicular circulation;

(iii) Minimizing cross traffic conflicts within parking areas. The site plan includes all the traditional elements of a convenience store site. This site is on a high volume commercial corridor that also is in close proximity to residential neighborhoods that have a mix of medium to high density dwellings. The terrain makes it a challenge to provide share drive entrances and cross access with adjoining sites. Development on this site should take more consideration into pedestrian movements from the surrounding commercial corridor and residential neighborhood and provide safe access routes from those locations to the store. Also, because of the proposed canopy location being shifted north, design measures should be taken to ensure that the canopy lighting does not negatively impact residential tenants of the adjoining mixed-use property to the north.

E. The Site Plan shall mitigate the negative impacts from site activities on adjoining uses as follows: (i) Service areas, storage areas and refuse enclosures should be oriented

away from public view and screened from adjacent sites; (ii) Drive-through windows, menu boards and associated stacking lanes

should be oriented away from residential areas or screened from public view;

(iii) Auto repair bay openings and car-wash openings should be oriented away from residential uses;

(iii) Lighting should be non-invasive to adjoining residential use. There are multiple-family dwellings directly to the north as part of mixed use building. The proposed refuse enclosure and can crusher meets the minimum requirements, except uses the mesh screening material on the gates, previously allowed for Quik Trip. This is proposed at the northwestern edge of the property which is a commercially zoned property. Staff is concerned with keeping the lighting measurements outside the north property line to levels below 0.5 footcandles as there are second floor residential users on the adjoining property that would be a similar elevation.

F. The Site Plan shall provide identifiable pedestrian access from adjoining public pedestrian routes through the site to the primary building and from accessory functions within the site. This can be accomplished by use of special paving colors or textures and appropriately scaled lighting.



The proposed Site Plan only shows one pedestrian connection to the public sidewalk in Martin Luther King Jr. Parkway. This is located between the parking on the east side of the proposed store. Staff recommends that an additional defined pedestrian route and walks be provided to Hickman Road from the east store entrance. This would preferably be across the drive and connecting to the sidewalk in Hickman Road east of the westernmost south drive entrance to the bus stop.

2). Architecture.

The following architectural guidelines encourage creative response to local and regional context and contribute to the aesthetic identity of the community.

A. Building design should consider the unique qualities and character of the

surrounding area and be consistent with the city’s 2020 Character Area Plans. Where character is not defined by 2020 Community Character Plan, building design should be of a high quality with primary use of durable materials such as masonry, block, or stone. The north, east and south facades of the proposed building would be sided with brick and porcelain tile and would have aluminum cornices and entrance canopies. The west rear façade would be sided with brick. Because of the site elevation, the rear side of the building will have exposure to traffic on Hickman Road. Staff recommends that the elevations demonstrate significant architectural detailing on all four facades.

B. A facility occupying a pad or portion of a building within a larger commercial center should be designed to reflect the design elements of that center. N/A.

C. Drive-through elements should be integrated into the building rather than appear to be applied or “stuck-on” to the building. N/A.

D. All sides of a building should express consistent architectural detail and character, with a primary use of durable materials such as brick, masonry block, or in special instances a predominant material found in the surrounding commercial area. Columns should be designed to minimize visual impact. The three primary facades of the proposed building would be sided with brick and porcelain tile and would have aluminum cornices and entrance canopies. The rear façade would be sided with brick with no other detail. Staff recommends that porcelain elements be provided on the rear façade along with cornice design to match the other three facades. This is based on the



site being elevated and creating a public view of the rear façade from Hickman Road.

E. Walls, pump island canopies and other outdoor covered areas should be compatible with the building, using similar material, color and detailing.

The proposed fuel pump island canopy would be sided with metal and supported by columns wrapped in brick to match the building.

F. To encourage visually interesting roofs, variations in the roof line and treatments such as extended eaves and parapet walls with cornice treatments are encouraged. The proposed building design includes wall plane variation and parapet wall height on the three street facing facades.

G. Perceived height and bulk should be reduced by dividing the building mass into smaller-scaled components. Examples of treatments that could be used to avoid excessive bulk and height include: (i) Low-scale planters and site walls. (ii) Wainscot treatment. (iii) Clearly pronounced eaves or cornices. (iv) Subtle changes in material color and texture. (v) Variation in roof forms. (vi) Covered pedestrian frontages and recessed entries. (vii) Deeply set windows with mullions. The proposed building design includes wall plane variation, material variety and varying parapet wall heights on the three street facing facades.

H. Canopies:

(i) Integration of materials on canopies that are similar or compatible to those used on the building or site walls is desirable (e.g., wrap the canopy columns with brick that matches the building). Multiple canopies or canopies that express differing masses are encouraged.

The proposed fuel pump island canopy would be sided with metal and supported by columns wrapped in brick to match the building. The double array of pump apparatus would minimize the canopy appearance from all directions.

(ii) Canopy height should not be less than 13’- 9” as measured from the finished grade to the lowest point on the canopy fascia. The overall height of canopies should not exceed 18’.



The submitted information indicates the total canopy height would range in height to from 18 feet - 6 inches to 23 feet. The height of the underside of the canopy would range from 15 feet to 19 feet. The grading plan indicates a 21-foot clearance on the canopy which is inconsistent with the elevations. Staff recommends that the overall height of the canopy be limited to 21 feet maximum. This should be sufficient for a 2-foot change in cross slope proposed for the canopy area.

I. All display items for sale, excluding seasonal items (i.e., sand, salt, pop,

firewood) should be located within the main building. All outdoor display of seasonal items shall be identified on the Site Plan and be located outside of any required setbacks. No display of seasonal items should exceed 5’ in height. There is no exterior seasonal item display identified on the submitted site plan. Staff recommends that this be shown if there is any intention to allow for it.

3) Landscape Design.

A. Landscaping is integral to the overall design concept and should be carefully planned to enhance the overall appearance and function of the site.

B. Landscape buffers with screen fencing should mask the site from adjacent residential uses. Plantings that exceed the minimum Des Moines Landscaping Standards may be required.

C. Dense landscaping or architectural treatments should be provided to screen unattractive views and features such as storage areas, trash enclosures, utility cabinets and other similar elements.

D. A site design for projects located at a street intersection should provide special landscape treatments, including by way of example perennial plant beds, site walls, native grasses, and decorative sign foundations and housing.

E. Proper maintenance and timely replacement of plant material is required and will be enforced based on the approved Site Plan. The submitted site plan does not comply with the City’s Landscaping Standards or these guidelines. There should be a 10-foot perimeter setback provided along all portions of Martin Luther King Jr. Parkway frontage. An additional 8 overstory trees are required. Perimeter lot trees do not count towards the open space total. Additionally, perimeter lot trees are necessary north of the north drive entrance. Also staff believes that the proposed intersection plantings need to be arranged better around the monument sign and that decorative site fencing should be provided along the street perimeters, to the satisfaction of the Planning Administrator.



F. Monument signs are encouraged and are required when the site adjoins a

residential district. The site plan proposes two monument signs, one between the south drive entrances and one at the southeast corner of the site at the street intersection. All freestanding signs are subject to the following regulations when permits are requested. Sec. 134-1276. General regulations. (p) Sign exceptions. The regulations applicable to signage in this chapter,

including the district regulations, shall be subject to the following exceptions:

(4) FSO Freestanding sign overlay district. The intent of the FSO

freestanding sign overlay district is to decrease visual clutter along city corridors, streetscapes, and throughout the entirety of the city by requiring height restrictions for freestanding signs and encouraging the use of monument signs. The FSO freestanding sign overlay district applies to all land within the city or hereafter annexed into the city. The following regulations supersede any less restrictive regulations established in the district regulations:

(a) Pole signs are prohibited. (b) Any on-premises advertising sign that is a freestanding sign shall be

a monument sign, and shall comply with the following height restrictions measured from grade to the highest point on the sign:

(1) If located at or within 25 feet from the front lot line, the sign shall

be no more than 8 feet in height. (2) If located more than 25 feet from the front lot line, the sign shall

be no more than 15 feet in height.

Sec. 134-3. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Sign, freestanding means a sign not attached to any building and is further defined as follows:

(2) Sign, monument means a sign affixed to a structure built on grade, having

a solid opaque base, constructed of brick, stone, concrete block or other durable material matching the exterior of the primary building and extending from grade to the bottom of the sign face across the entire width of the sign



face. The height of the sign base must be not less than the larger of 2 feet or 25 percent of the total sign height. Monument signs are sometimes referred to in this chapter as monumental signs.

4). Lighting.

A. Lighting of gas stations and convenience stores should enhance safety and provide light levels appropriate to the visual task with minimal glare, light trespass and excess site brightness. Lighting should not be a nuisance or a hazard.

B. Direct light trespass beyond property lines is prohibited. The maximum horizontal illuminance at grade and the maximum vertical illuminance at five feet above grade measured at the property line should not exceed Illuminating Engineering Society of North America (IESNA) recommended practices for light trespass. (0.5 footcandles for residential, 2.0 footcandles for commercial). The Site Plan must contain illuminance models showing light levels throughout the site. The site is surrounded by commercial uses except residential property to the northeast. The submitted photometric plan indicates compliance with these requirements. Although the building to the north is mixed used with commercial and residential, it does not exceed the 0.5 footcandles that would be required for adjacency to residential use. However, because of the proximity and grade difference with the site to the north, staff recommends that the parking row be eliminated along this side allowing the site lighting fixtures to be brought further away from the residential use.

C. Light fixtures mounted under canopies should be completely recessed into the canopy with flat lenses that are translucent and completely flush with the bottom surface (ceiling) of the canopy. Generally, lights shall not be mounted on the top or sides (fascia) of the canopy and internally illuminated/entirely translucent canopies should be prohibited. However, accent lighting on the sides (fascias) of the canopy may be permitted. The submitted drawings indicate the fuel pump island canopy would have recessed lights with lenses that are flush with the bottom surface of the canopy.

D. Parking Lot and Site Lighting: (i) All luminaries should be of full cut-off design, aimed downward and away

from the property line; (ii) Maximum pole heights should not exceed 20’. The photometric plan indicates all pole mounted fixtures would have a maximum height of 20 feet. The plan does not note if all fixtures would be full cut-off design.



E. Building-Mounted Lighting:

(i) All luminaries should be a full cut-off design and aimed downward. (ii) All luminaries should be recessed or shielded so the light source is not

directly visible from the property line. The photometric plan does not indicate if the building mounted fixtures would be full-cut off design.

3. Traffic: Traffic Engineering has reviewed the submitted traffic study and has

approved the proposed drive connections. No further improvements to the surrounding street network are recommended by Traffic for the proposed development.

4. Parking: A minimum of 20 off-street parking spaces are required for the proposed 5,773-square foot building (1 per 300 square feet). The applicant is proposing 66 parking spaces. The PlanDSM seeks to minimize off-street parking area. In this instance the submitted plan provided over three times the required minimum. Based on this staff believes that 11 of the parking space proposed north of the canopy should be eliminated, leaving a space for use of the air compressor next to the refuse enclosure. There are also two spaces proposed heading into the intersection that should be removed. These areas should be indicated as open space instead. Their removal would still provide for more than twice the minimum off-street parking requirement.

5. 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 Site Plan provides an underground detention solution for the site. A Tree removal and mitigation plan is also required.

6. Beer and Wine Permit/Liquor License: For beer and wine sales the site is required to maintain a 150 foot separation from a church, park, school, or licensed day care use. This proposed site would currently meet those requirements. Convenience stores do not require a Conditional Use Permit for the sale of beer and wine only.


BASIS FOR APPROVAL Staff recommends approval of the requested Site Plan subject to the following conditions: 1) Compliance with all administrative review comments of the Permit and Development

Center. 2) Relocation of the air compressor station out of the front yard setback to a location

near the refuse enclosure.



3) Provision of a pedestrian route from the store to the Hickman Road DART stop to the satisfaction of the Planning Administrator.

4) Provision of porcelain tile elements and cornice detailing on the west façade to match the architecture on the three public entrance facades.

5) Canopy should be limited to 21 feet in height, elevations and grading plans should be revised to be consistent.

6) Compliance with minimum overstory tree landscaping for open space, perimeter lot and interior lot plantings, including proving perimeter lot trees and shrubs in the setback area north of the east driveway entrance.

7) Provision of the minimum required 10-foot perimeter lot landscape setback along Martin Luther King, Jr. Parkway.

8) Provision of a more decorative treatment at the intersection perimeter incorporating the monument sign including decorative metal site fencing to the satisfaction of the Planning Administrator.

9) Provision of tree removal and mitigation planting calculations, with provision of additional tree plantings in addition to minimum required landscaping if necessary.

10) Removal of 11 parking spaces north of the pump island canopy, leaving only the air compressor station and removal of two spaces near the intersection along the south part of the site. The parking should be revised to indicate an open space condition.

11) Provision of lighting fixture design sheet demonstrating cut-off designs. 12) Provision of sign elevation plans for the freestanding monument signs as part of any

sign permit applications. SUMMARY OF DISCUSSION Will Page asked why the commission didn’t see examples of the applicant’s proposed monument sign. Jason VanEssen stated that it is not a requirement for site plan approval. Signs are approved by a sign permit not for site plan approval. Once they apply for the sign permit they must submit the elevation of it. The applicant may have more information. Mike Ludwig asked if they are still subject to the sign code for monument signs regarding maximum height, brick base and all of those other things. Jason VanEssen stated that they are. This is a site plan so all of the zoning, sign regulations are still in play. Will Page stated that the specifications might be standard but each site is unique. Page stated that he would like to see the signage come in front of the board because the sign could add to the site or be distracting. CJ Stephens asked if the new building will encompass 100% of the old site. Jason VanEssen stated that the site is expanding to the north.



Ben Brunner stated that they are in agreement with 90% of the staff recommendations. The only thing they are not comfortable with is condition #10. There are two parking spots in the SE corner that Quik Trip is willing to comply with the City in eliminating those spots. The 11 parking spots on the north end are mostly used for employee parking. Having the employee parking away from the building helps with business flow. The lighting in that parking area is in compliance with the code. The plan already complies and exceeds the code in regards to open space. Francis Boggus asked if there is a way the employees could park on the west side of the building. Ben Brunner stated that is where the semi deliveries are made. Will Page asked if they are willing to remove the two spaces near the intersection on the south. Ben Brunner stated they are willing to remove those two spaces. CJ Stephens asked what the effect on drainage in the neighborhood will be with all of the extra concrete that will be poured for those 11 parking spots. Ben Brunner stated that there were no storm water concerns raised. Mike Talcott, officer, stated that the drainage is going to be better than it is now. The way the code is written QT is having to provide for as if that site was green and undeveloped. There will be better control and drainage. Francis Boggus asked what the existing canopy height is. Mike Talcott stated that he wasn’t sure the exact height, but he knows it differs from end to end. JoAnne Corigliano stated she hopes that the canopy will be no higher than 18 feet on the short end to the top edge. Mike Talcott stated that there won’t be much articulation in this canopy because it will be on one plane. Mike Ludwig stated that 18 is specified in the designed guidelines. The plans had 23 feet listed and staff suggested 21 feet. Greg Jones stated that the good news is that the canopy will be aligned east to west. Mike Talcott stated that with the elevation change from the intersection going down, the canopy will be pretty buried. From the southern edge to the northern edge there is more than 30 feet of grade change.



CHAIRPERSON OPENED THE PUBLIC HEARING Audrene Hanson, 2401 MLK Parkway, asked where the driveway is going to be for the new store. Hanson stated that she is worried about the driveways causing accidents. Jason VanEssen stated that this plan was reviewed and approved by the Traffic and Transportation Department. Mike Talcott stated that the new driveway will be better and will be directly across from the car wash. Rick Monahan, 6734 Panora Drive, stated that he owns the property directly to the north of the site. The property is commercial on the bottom and residential on the second floor. Monahan states that he worries when people get out of their cars they may be able to see right in the windows of the apartments he owns. Monahan thinks they need to have more than 3 or 4 foot shrubs. Monahan asked for a 6 foot privacy fence for the privacy on tenants that live upstairs and to help block the sound. Mike Talcott stated that they have already added a double sided privacy fence to the plans. CHAIRPERSON CLOSED THE PUBLIC HEARING Greg Wattier stated that the idea of the parking on the north side makes sense. Wattier suggests that there are some conifers planted on the side of the parking spaces to help with noise and privacy. Will Page concurs with Greg Wattier. Page stated that at his local QT, the employee parking was moved with an expansion of the parking lot and it has worked quite well. Jason VanEssen stated that they are willing to move the air compressor location also. JoAnne Corigliano stated she is glad to see that they are tearing down the old building and reusing the entire space available for them. COMMISSION ACTION: Greg Wattier moved staff for approval of the requested Site Plan subject to the following conditions: 1) Compliance with all administrative review comments of the Permit and Development

Center. 2) Relocation of the air compressor station out of the front yard setback to a location

near the refuse enclosure. 3) Provision of a pedestrian route from the store to the Hickman Road DART stop to

the satisfaction of the Planning Administrator. 4) Provision of porcelain tile elements and cornice detailing on the west façade to

match the architecture on the three public entrance facades.



5) Canopy should be limited to 21 feet in height, elevations and grading plans should be revised to be consistent.

6) Compliance with minimum overstory tree landscaping for open space, perimeter lot and interior lot plantings, and providing additional trees and shrubs along the north perimeter of the site.

7) Provision of the minimum required 10-foot perimeter lot landscape setback along Martin Luther King, Jr. Parkway.

8) Provision of a more decorative treatment at the intersection perimeter incorporating the monument sign including decorative metal site fencing to the satisfaction of the Planning Administrator.

9) Provision of tree removal and mitigation planting calculations, with provision of additional tree plantings in addition to minimum required landscaping if necessary.

10) Removal of two parking spaces in the SE corner of the site. 11) Provision of lighting fixture design sheet demonstrating cut-off designs. 12) Provision of sign elevation plans for the freestanding monument signs as part of any

sign permit applications. THE VOTE: 10-0

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

Other Committee and Director’s Reports. None. Meeting adjourned at 6:40 p.m.

present: francis boggus, dory briles, joanne corigliano ...€¦ · plan and zoning commission...

Documents