PRESENT: JoAnne Corigliano, Shirley Daniels, Dann Flaherty ... · Plan and Zoning Commission Minutes of Meeting Des Moines, Iowa July 21, 2011 Page 1 PRESENT: JoAnne Corigliano, Shirley

Plan and Zoning Commission Minutes of Meeting

Des Moines, Iowa July 21, 2011

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PRESENT: JoAnne Corigliano, Shirley Daniels, Dann Flaherty, John “Jack” Hilmes, Joel Huston, Ted Irvine, Greg Jones, William Page, Christine Pardee, Kent Sovern, and CJ Stephens ABSENT: Jacqueline Easley, Tim Fitzgerald, Mike Simonson STAFF PRESENT: Mike Ludwig, Erik Lundy, Roger Brown, Tammy Yaw, and Cathy Whitfield Greg Jones moved to approve the minutes of the July 7, 2011 Plan & Zoning Commission. Motion carried 11-0. Erik Lundy explained that the applicants for Items 1 and 4 are requesting a continuance to August 4, 2011. He also explained that there are no other items on the August 4, 2011 agenda and it is the Commission‟s discretion to continue these items to August 4 or August 18, 2011 Plan and Zoning meeting. Mike Ludwig pointed out that August 18, 2011 Plan and Zoning meeting could be a lengthy agenda in regard to the two items already on the agenda. Dann Flaherty asked if there was anyone in the audience who wanted to speak tonight and not wait until the night of the hearing for Items 1 & 4. The audience agreed to wait until the night of the hearing. Kent Sovern moved to continue Items 1 and 4 to the August 18, 2011 Plan and Zoning meeting. Motion carried 11-0. Kent Sovern made a motion to move Item 5 to the consent agenda. Motion carried 11-0. Kent Sovern moved approval of the consent agenda. Motion carried 11-0. Kent Sovern left the meeting @ 6:30 Item #1 This item was continued from the June 16, 2011 Plan & Zoning Commission meeting to allow the applicant to explore provision of a public access drive from the proposed east terminus of Linden Street to an adjoining Street. Request from Wellmark Holdings, Inc. (owner) 524 14th Street, represented by Matt Brown (officer), for vacation of a segment of Linden Street running 120 feet west of 14th Street, to allow for redevelopment of the eastern portion of the block for a passive recreation space with a pedestrian path circuit. (11-2011-1.08)



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STAFF REPORT TO THE PLANNING COMMISSION GENERAL INFORMATION 1. Purpose of Request: The requested vacation would allow a segment of Linden

Street to be assembled with parcels adjacent to the north and south. The resulting property would be used as a landscaped private open space in the interim until the site is redeveloped commercially. The conceptual sketch submitted by the applicant demonstrates a pedestrian path circuit throughout the site. Wellmark Holdings, Inc. currently owns five parcels in the immediate vicinity of the requested right-of-way, including 1401 Grand Avenue (21,157 square feet), 1415 Grand Avenue (7,200 square feet), District/Parcel 030/01603-001-000 (3,768 square feet), 524 14th Street (7,920 square feet), and 528 14th Street (8,972 square feet). If the requested right-of-way (7,920 square feet) is assembled with the contiguous properties currently owned by Wellmark Holdings, Inc., the resulting area would be 56,937 square feet (1.31 acres).

2. Size of Site: Requested right-of-way measures 66 feet by 120 feet (7,920 square

feet). 3. Existing Zoning (site): “C-3A” Central Business Support Commercial District. 4. Existing Land Use (site): Paved street right-of-way. 5. Adjacent Land Use and Zoning:

North – “C-3A”, Use is a vacant commercial building owned by Wellmark Holdings, Inc. that was previously occupied by Enterprise Rent-a-Car. South – “C-3A”, Use is undeveloped land owned by Wellmark Holdings, Inc. East – “C-3A”, Uses are 14th Street and the Wellmark headquarters. West – “C-3A”, Uses include a one-story commercial building at 1423 Grand Avenue (owned by Rich Eychaner) and a one-story commercial building at 1440 Ingersoll Avenue owned by Iowa Methodist Medical Center.

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

western portion of downtown to the north of the Western Gateway Park and Pappajohn Sculpture Garden.

7. Applicable Recognized Neighborhood(s): Downtown Des Moines Neighborhood. 8. Relevant Zoning History: N/A.



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2020 Community Character Land Use Plan Designation: Downtown Support Commercial. 9. Applicable Regulations: The Commission reviews all proposals to vacate land

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

II. ADDITIONAL APPLICABLE INFORMATION 1. Utilities: There are existing sewer, water, and electrical facilities within the right-of-

way. Easements must be maintained for all utilities in place unless other arrangements are approved by the affected utility.

2. Traffic/Street System: The vacation of Linden Street right-of-way would not

negatively impact the surrounding street network so long as an adequate turnaround is provided at the east terminus of the remaining segment of Linden Street or a public access drive from the east terminus of the remaining segment of Linden Street to an adjoining street. A turnaround or access drive could either be provided on the property assembled by Wellmark Holdings, Inc. or on adjoining properties in accordance with recorded access easements. Linden Street is currently a one-way street for eastbound traffic so the requested vacation may necessitate the conversion of Linden Street to accommodate two-way traffic if a turnaround is provided at the east terminus rather than a public access drive from Linden Street to an adjoining street.

3. Future Development: The importance of the site warrants additional review of any

future development on the requested right-of-way and adjoining properties. Staff recommends that any interim or permanent use on the requested right-of-way or adjoining properties shall be in conformance with a development plan approved by the City Council. In 2008, the City adopted the “What‟s Next, Downtown” plan. The plan identifies this site and surrounding properties as a distinctive development area for mixed-use commercial given its location near Gateway Park, Pappajohn Sculpture Park, and outstanding transportation access. The plan designates the properties along the north side of Grand Avenue facing Gateway Park as ideal for ground-floor destination retail and restaurant uses. The plan suggests that the blocks surrounding Gateway Park should reinforce the edges of Gateway Park and be developed of a scale and vertical height that creates the feel that the park is an “urban room”.

III. STAFF RECOMMENDATION TO THE PLAN AND ZONING COMMISSION AND

BASIS FOR APPROVAL Staff recommends approval for vacation of the requested alley rights-of-way subject to the following conditions:



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1. Reservation of easements for all utilities in place until such time that they are abandoned or relocated at the applicant‟s expense.

2. Provision of a turnaround at the east terminus of the remaining Linden Street OR provision of a public access drive from Linden Street to an adjoining street.

3. Provision of a public access easement for any turnaround or access driveway provided at the east terminus of the remaining Linden Street.

4. Conversion of the remaining segment of Linden Street from one-way traffic to two-way traffic if a public access drive is not provided from Linden Street to an adjoining street.

5. Provision of a recorded covenant that requires any interim or permanent use on the requested right-of-way or adjoining properties to be in conformance with a development plan approved by the City Council.

SUMMARY OF DISCUSSION There was no discussion. COMMISSION ACTION: Kent Sovern moved to continue this item to the August 18, 2011 Plan and Zoning meeting. THE VOTE: 11-0

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Item 4 Item #4 was continued from the July 7, 2011 Plan & Zoning Commission meeting to allow the applicant to meet with the Drake Neighborhood Association. Request from McDonald‟s Corporation (developer) represented by Richard Pauner (officer) to rezone property located at 3002 Forest Avenue. The subject property is owned by Archland Property I, LLC:

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

B) Rezone the property from Limited “C-1” Neighborhood Retail Commercial District

to a revised Limited “C-1” Neighborhood Retail Commercial District, to allow revision of conditions defining the site circulation and parking configuration and exterior design of the building. (ZON2011-00114)



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STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION 1. Purpose of Request: The appellant is proposing to construct an 8-foot by 32.25-

foot (258 square feet) addition, expand the drive-through cuing to accommodate two ordering lanes resulting in elimination of six (6) off-street parking spaces, and modify the exterior design of the existing building. The existing zoning conditions placed upon the subject property must be modified to make these revisions.

2. Size of Site: 55,700 square feet (1.279 acres).

3. Existing Zoning (site): “C-1” Neighborhood Retail Commercial District and Limited “C-1” District.

4. Existing Land Use (site): McDonald‟s drive-through restaurant with accessory paved parking area.

5. Adjacent Land Use and Zoning:

North – “C-1”, Uses are Drake University Book Store and Subway restaurant. South – “PUD”, Use is Drake Apartments PUD containing two five-story mixed use residential apartment and retail commercial buildings. East – “R-3”, Use is Drake University Crawford Hall dormitory. West – “C-1” & R-3, Uses are Jethro‟s restaurant, Paul Revere‟s Pizza restaurant, Peggy‟s tavern, and vacant retail space formerly Dick Pharmacy.

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

southwest corner of the Forest Avenue and 30th Street in the Drake Neighborhood. The Drake University Campus is located directly to the east of the subject property. The remaining area generally consists of single-family and multi-family uses with commercial uses clustered around the intersection.

7. Applicable Recognized Neighborhood(s): Drake Neighborhood. 8. Relevant Zoning History: On October 18, 1999, the City Council approved

Ordinance No. 13,764 rezoning the southern portion of the property from the “R-3” District to a Limited “C-1” subject to the following conditions:

1. Any building hereafter constructed or placed upon the Property shall

have a brick exterior.

2. Any commercial use of the Property shall be pursuant to the approved Site Plan. The approved Site Plan shall be substantially the same as the preliminary landscape plan submitted by McDonalds Corp., dated



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August 31, 1999, which is on file with the Community Development Department of the City of Des Moines.

3. Any building hereafter constructed or placed upon the Property for

commercial use shall substantially comply with the elevation drawing from Fullerton Building Systems, Inc., dated July 1, 1999, which is on file with the Community Development Department of the City of Des Moines.

Because the property is split zoned with standard “C-1” District and Limited “C-1” District, the more restrictive zoning applies to the development of the entire site in accordance with the provisions of the Zoning Ordinance.

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

Pedestrian-Oriented, Commercial Corridor and Low/Medium 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. 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. Drainage/Grading: Any future grading with the proposed project would be subject to

an approved grading permit and soil erosion control plan. In addition, 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 as part of a Site Plan amendment review.

2. Landscaping & Buffering: The proposed development concept with the rezoning does not appear to automatically trigger full compliance with the Des Moines Landscaping Standards as applicable to the “C-1” District. The Site Plan on record was approved prior to the City adopting the standards. Should the development be required to comply with these standards as part of the rezoning the following are applicable:

Open Space requirements: provide open space equal to 20% of the site with one (1) overstory tree, one (1) evergreen tree and one (1) shrub per 2,500 square feet of the minimum required open space.

Bufferyard: provide a minimum setback width of 10 feet from adjoining residential PUD with a minimum six-foot tall opaque fence/screen, and two (2) over story trees and six (6) evergreen trees per 100 lineal feet.

Perimeter Lot Landscape Strip: minimum width of 10 feet setback from street rights-of-way with one (1) over story tree and three (3) shrubs per 50 lineal feet.



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Parking Lot Interior Landscape: provision of a minimum 5% interior open space in minimum size planters of 9-feet by 17-feet each with one (1) over story tree, three (3) shrubs intervening any expanse of 20 spaces.

3. Access or Parking: The site currently has 61 parking spaces. The appellant is

proposing to expand their existing drive-through to accommodate two ordering lanes and install an 8-foot by 32.25-foot (258 square feet) addition on to the west façade of the existing building. This would result in elimination of six (6) parking spaces leaving a total of 55 parking spaces. This would still exceed the minimum requirement of 31 parking spaces for the proposed 4,637 square-foot building (calculated at one space per 150 square feet).

The proposed Site Plan demonstrates that the restaurant would be accessed by three (3) two-way drive entrance located off Forest Avenue, 30th Street, and 31st Street.

4. 2020 Community Character Plan: The proposed usage of the subject property for

a McDonalds‟s (restaurant) is consistent with the Commercial: Pedestrian-Oriented, Commercial Corridor and Low/Medium Density Residential future land use designation in the Des Moines 2020 Community Character Plan.

5. Drake Neighborhood Action Plan: The Drake Neighborhood Action Plan adopted

by the City Council on February 28, 2011, designates the property as Commercial: Pedestrian-Oriented, Commercial Corridor and Low/Medium Density Residential. Furthermore, the Plan‟s objective regarding properties along Forest Avenue “West” includes the goal to “develop the area along Forest Avenue between 30th Street and 33rd Street as a pedestrian-friendly „campustown‟ district.”

6. Urban Design: The applicant is proposing alterations to the exterior of the existing

building. The proposed changes include new signage, installation of Exterior Insulation Finishing System (EIFS) and stainless steel trellis to the north, west, and east facades, and a canopy to the north façade. Some of the proposed changes are not within the essential character of the neighborhood and the action plan initiative. The reduction of brick and removal of the blue canopies takes away from the “campustown” district aesthetic. The dominant use of brick on all four sides of the subject building reflects the City Council condition that any building shall have a brick exterior. Staff recommends that any use of materials other than brick be limited to very minor accents. Furthermore, staff would recommend that McDonald‟s restaurant work with the neighborhood and City to maintain a unique design for the “campustown” district.

7. Staff Rationale: The conditions placed upon the subject property were required to

mitigate a commercial use within a residential area and were a precursor for the “campustown” district concept. The proposed alterations to the exterior of the existing building do not fit the essential character of the neighborhood. While most of the site alterations are appropriate (additional drive-thru lane, building expansion, and resulting reduction of six (6) parking spaces), staff believes that an all brick or stone exterior and blue awnings should be retained and incorporated in any expansion.



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II. STAFF RECOMMENDATION TO THE PLAN AND ZONING COMMISSION AND

BASIS FOR APPROVAL Part A) Staff recommends that the Commission find the proposed rezoning in conformance with the Des Moines‟ 2020 Community Character Plan future land use designation of Commercial: Pedestrian-Oriented, Commercial Corridor and Low/Medium Density Residential except for building materials and colors. Part B) Staff recommends approval of the requested, rezoning for an 8-foot by 32.25-foot (258 square feet) addition, a two lane drive-thru, and modifications to the exterior design of the existing building from Limited “C-1” Neighborhood Retail Commercial District to a revised Limited “C-1” Neighborhood Retail Commercial District subject to the following:

1. Any Site Plan amendment shall be in substantial conformance with the schematic drawings submitted June, 2011.

2. Retention of existing concept for the building architecture including but not limited

to the brick exterior material and blue awnings.

3. Any expansion or modification of the building shall incorporate an all brick or stone material exterior.

SUMMARY OF DISCUSSION There was no discussion. COMMISSION ACTION: Kent Sovern moved to continue this item to the August 18, 2011 Plan and Zoning meeting. THE VOTE: 11-0

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CONSENT AGENDA Item #5 Request from Quik Trip Corporation (owner) represented by Mike Talcott (officer) for review and approval of an amendment to an approved Site Plan under design guidelines for convenience stores and gas station uses and design guidelines for extension of off-street parking into a residential zone, on property located at 2300 East 14th Street, to allow expansion of the site to add off-street parking area to the north of the existing site into the adjoining “R1-60” District. (10-2011-7.67)



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STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION 1. Purpose of Request: The applicant is proposing to purchase adjoining property

north of their site, remove the existing single-family dwelling and expand their parking lot to the north.

2. Size of Site: 38,778 square feet (0.89 acres). 3. Existing Zoning (site): “R1-60” One-Family Low-Density Residential District, “C-1”

Neighborhood Retail Commercial District, “GGP” Gambling Games Prohibition Overlay District, and the “VDL” Vehicle Display Lot Overlay District.

4. Existing Land Use (site): Convenience store with fueling pumps and a single-family

dwelling. 5. Adjacent Land Use and Zoning:

North – “R1-60”, Use is single-family residential. South – “C-2”, Use is a vehicle display lot. East – “C-1”, Use is a medical clinic currently under construction. West – “R1-60”, Uses is single-family residential.

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

northwest corner of the East 14th Street and Guthrie Avenue intersection in the Union Park Neighborhood. The area generally consists of single-family dwellings with commercial uses clustered around the intersection.

7. Applicable Recognized Neighborhood(s): Union Park Neighborhood. 8. Relevant Zoning History: The applicant‟s existing site consists of Lots 1 through 5

of Block 5 of the Arlington Heights Plat with Lot 1 being the southernmost lot and Lot 5 being the northernmost lot. On January 9, 1998, the City Council approved Ordinance Number 13,572 rezoning Lot 4 and the south 17 feet of Lot 5 from “R1-60” District to Limited “C-1” subject to their being no extension of parking onto any adjoining residentially zoned land to serve any use of the property except for the development of 7 parking space that are setback 50 feet from East 14th Street. On June 27, 2011, the City Council approved Ordinance Number 15,029 by Roll Call Number 11-1150 removing this condition. On April 27, 2011, the Zoning Board of Adjustment granted the applicant an Exception of 14.5 feet less than the minimum required 30-foot front yard setback for off-street parking. This would allow the proposed parking lot to be set back 15.5 feet



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from the east property line (East 14th Street) if the zoning condition is removed. The Board‟s approval was based on the following finding.

Granting the requested Exception would be consistent with the intended spirit and

purpose of the Zoning Ordinance and in harmony with the essential character of the

neighborhood. The appellant faces a practical difficulty in providing adequate parking

given the size of the site and the location of the existing facilities. Allowing a reduced

setback from East 14th Street allows for the parking lot to have a greater setback from the

adjoining residential uses to the west. The impact of the reduced setback would be

minimized by the required landscaping.

9. 2020 Community Character Land Use Plan Designation: Commercial: Pedestrian-Oriented, Neighborhood Node.

10. Applicable Regulations: Any Site Plan application which includes property used as

a gas station or convenience store 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 82-214.08 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:

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 proposed parking lot addition is appropriate given the layout and placement of the existing facilities.

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 subject property measures 0.89 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 applicant is not proposing any new fueling locations. The site currently contains 8 locations. Twenty percent of the proposed site is equivalent to 7,756



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square feet, which is less than the 8,000 square feet required for 8 fueling locations. The site currently has approximately 2,500 square feet of open space excluding the perimeter strips between the fueling area and East 14th Street and Guthrie Avenue. The submitted Site Plan includes approximately 5,000 square feet of open space excluding the perimeter strip around the fueling area. The proposed project would increase the site’s compliance with this guideline and is appropriate given the constraints of the existing site.

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 subject property does not immediately adjoin other commercial uses.

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. Staff believes the existing site and the proposed parking lot expansion conform to these guidelines. There are no auto repair bays or drive-through windows. The existing trash enclosure is constructed of masonry material with solid metal gates to match the building and is substantially set back from East 14th Street.

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 applicant is proposing to construct an ADA compliant pedestrian route from the Guthrie Avenue sidewalk to the south end of the building. The portion of the route that would cross a driveway would be striped to identify it to drivers and pedestrians.

2. Architecture



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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 applicant is not proposing any modifications to the existing building.

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.


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

The applicant is not proposing changes to the existing canopy structure.

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.


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.



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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.

(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 applicant is not proposing any changes to the canopy structure.

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.

The submitted Site Plan does not identify any outdoor display areas. Outdoor display will be prohibited unless the applicant identifies display areas on their Site Plan.

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.

The site adjoins residential uses to the north and west. The proposed parking lot expansion would have a 30-foot wide landscaped buffer from the west property line and a 10-foot wide landscaped buffer from the north property line. A 6-foot tall privacy fence is proposed along each property line. Plant material is discussed in Section II, subparagraph 2 of this report.

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.

The existing trash enclosure is constructed of masonry materials that match the building. It is significantly set back from East 14th Street. Plant material is discussed in Section II, subparagraph 2 of this report.



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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, decorative sign foundations and housing.

The site is located on the northwest corner of the East 14th Street and Guthrie Avenue intersection. The open space near the corner consists of turf. The applicant is not proposing any additional plant material in this area. Staff believes there is adequate space for shrubs or other special landscape treatments. Staff recommends that meeting this standard be a condition of approval.

E. Proper maintenance and timely replacement of plant material is required and will be enforced based on the approved Site Plan.

Staff recommends that approval be subject to the provision of a note on the Site Plan that states “the required landscaping, both existing and proposed, shall be maintained for the life of the Certificate of Occupancy.”

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

The applicant is not proposing any alterations to the existing pole sign.

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.

Based on existing adjoining zoning, lumens outside the north and west property line should not exceed 0.5 footcandles and lumens outside the east and south property lines should not exceed 2.0 footcandles. The submitted photometric plan complies with these guidelines except at the driveway to East 14th Street where additional lighting is warranted for safe vehicle movement to and from a busy street. During the rezoning process the adjoining property owners and the Union Park Neighborhood Association identified the lack of lighting in the alley to the southwest of the building as a problem. Staff agreed to work with the applicant to



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allow additional lighting in this area that would exceed these guidelines. The applicant is working with his lighting engineer to modify their photometric plan to address this concern with the hope of having a revised plan to present at the July 21st Commission meeting.

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 (fascias) 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 information does not indicate if the canopy light fixtures will be completely recessed or not. Staff recommends that meeting this guideline be a condition of approval.

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‟. All existing and new pole mounted lights would have a mounting height of 20 feet and are of a cut-off design.

F. 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 applicant is not proposing any modifications to the existing building.

In acting upon any Site Plan application that includes an extension of parking under the authority of section 134-1377(f)(8) into a residential district where it would otherwise be prohibited, the Plan and Zoning Commission shall apply the design standards in section 82-213. Further, the proposed Site Plan shall be denied unless it is shown to that such extension of parking meets the following criteria: 1) The construction and use of this parking lot will have no significant detrimental

impact on the use and enjoyment of adjoining properties. Staff believes that the proposed parking lot addition will not be detrimental to the surrounding neighborhood because the parking lot addition would be adequately setback from adjoining properties and screened with landscaping.

2) No parking should be permitted in the required front yard of the “R” district unless compatible with the adjoining land use. On April 27, 2011, the Zoning Board of Adjustment granted the applicant an Exception of 14.5 feet less than the minimum required 30-foot front yard setback for



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off-street parking. This allows the proposed parking lot to be set back 15.5 feet from the east property line (East 14th Street). The Board’s approval was based on the following finding.

Granting the requested Exception would be consistent with the intended spirit and

purpose of the Zoning Ordinance and in harmony with the essential character of the

neighborhood. The appellant faces a practical difficulty in providing adequate parking

given the size of the site and the location of the existing facilities. Allowing a reduced

setback from East 14th Street allows for the parking lot to have a greater setback from

the adjoining residential uses to the west. The impact of the reduced setback would be

minimized by the required landscaping.

3) Adequate setbacks shall be provided to protect adjacent residentially zoned property. A minimum ten (10) foot setback from adjacent “R” district property lines should be observed. The proposed parking lot addition would be setback 10 feet from the adjoining residential property to the north and 30 feet from the residential alley to the west.

4) Appropriate screening shall be provided to shield adjacent residential uses from the impacts of the parking lot. The proposed parking lot addition would be screened from adjoining residential use to the north and west by a landscaped buffer and 6-foot tall fence.

5) Adequate landscaping shall be provided and maintained to buffer and beautify the parking area. Both interior and peripheral landscaping should be considered. Landscaping is discussed in Section II, subparagraph 2 of this report.

6) Where feasible, the entrance to the parking area should be from an adjoining alley or the less restrictive district. The proposed parking lot addition would be accessed from the existing parking lot to the south and would not have its own driveway.

II. ADDITIONAL APPLICABLE INFORMATION

1. Drainage/Grading: All grading is subject to an approved grading permit and soil

erosion control plan. The applicant is required to demonstrate compliance with the City‟s Stormwater Management requirements to the satisfaction of the City‟s Permit and Development Center. The applicant is proposing to use the existing underground storm water detention facility along the eastern edge of the parking lot, which controls the rate of storm water release from the site to a storm sewer line in the Guthrie Avenue right-of-way.



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2. Landscaping & Buffering: The City‟s Landscaping Standards for the “C-1” District that apply to this site consists of the following.

Open Space equal to 20% of the site with 1 overstory tree, 1 evergreen tree and 1 shrub per 2,500 square feet of required open space.

Bufferyard with a minimum width of 10 feet with a 6-foot tall opaque fence/screen, and 2 overstory trees and 6 evergreen trees per 100 lineal feet.

Parking & Maneuvering Perimeter Planting Area with a minimum width of 10 feet with 1 overstory tree and 3 shrub per 50 lineal feet.

Most of the existing site is occupied with necessary structures and pavement. The property was also impacted by the reconstruction of the East 14th Street and Guthrie Avenue intersection, which eliminated the ability to provide plantings between the fueling area and the east property line. Staff believes that it is not reasonable to require the entire site to be brought into conformance with the current landscaping standards given these constraints. The following is what the standards require when applied only to the proposed expansion area.

2,052 square feet of open space with 1 overstory tree, 1 evergreen tree and 1 shrub.

A 10-foot wide bufferyard along the north property line with a 6-foot tall fence, 2 overstory trees and 5 evergreen trees.

A 10-foot wide perimeter strip along East 14th Street with 2 overstory trees and 5 shrubs.

The submitted Site Plan includes the following for the expansion area.

2,430 square feet of open space to the west of the parking lot with 1 overstory tree and 3 evergreen trees.

A 10-foot wide bufferyard along the north property line with a 6-foot tall fence, 2 overstory trees and 3 evergreen trees.

A perimeter strip along East 14th Street with a single planter bed to the north of the driveway containing 78 shrubs.

The two excess evergreen trees in the open space can be counted towards the bufferyard requirement given their proximity and the size of the site. Staff believes that two overstory trees should be planted along the east perimeter of the parking lot to comply with the perimeter strip planting requirements. The City‟s Landscaping Standards allow up to 30% of the required plant materials to be substituted with other plants at a ratio of 1 overstory tree to 2 evergreen trees to 3 ornamental trees to 7 shrubs. However, the intent of the standards must be met. In this case the intent is to have tree canopy between parking lots and streets.

3. Parking: The site currently has 21 parking spaces in addition to the fueling stations for the 3,763-square foot building. The Zoning Ordinance requires a minimum of 13 parking spaces for a convenience store with fuel sales of this size. The proposed parking lot expansion would increase the number of stalls from 21 to 27.



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

Staff recommends approval of the requested Site Plan subject to the following: 1. Compliance with all administrative review comments by the Permit and Development

Administrator. 2. Identification on the Site Plan of any outdoor merchandise display areas anticipated

in accordance with the gas station/convenience store design guidelines. 3. All under canopy lighting fixtures shall be completely recessed with a flat lens that is

translucent, and completely flush with the bottom of the canopy or entirely recessed. 4. Provision of shrubs or a planter bed near the intersection of East 14th Street and

Guthrie Avenue to the satisfaction of the Planning Administrator.

5. Provision of 2 overstory trees along the east perimeter of the parking lot expansion.

6. Provision of a note on the Site Plan that states “the required landscaping, both existing and proposed, shall be maintained for the life of the Certificate of Occupancy.”

SUMMARY OF DISCUSSION There was no discussion. CHAIRPERSON OPENED THE PUBLIC HEARING There was no one to speak in favor or in opposition of the applicant’s request. CHAIRPERSON CLOSED THE PUBLIC HEARING COMMISSION ACTION: Kent Sovern moved staff recommendation to approve the requested Site Plan subject to the following:

1. Compliance with all administrative review comments by the Permit and Development Administrator.

2. Identification on the Site Plan of any outdoor merchandise display areas

anticipated in accordance with the gas station/convenience store design guidelines.

3. All under canopy lighting fixtures shall be completely recessed with a flat lens

that is translucent, and completely flush with the bottom of the canopy or entirely recessed.



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4. Provision of shrubs or a planter bed near the intersection of East 14th Street and Guthrie Avenue to the satisfaction of the Planning Administrator.

5. Provision of 2 overstory trees along the east perimeter of the parking lot

expansion.

6. Provision of a note on the Site Plan that states “the required landscaping, both existing and proposed, shall be maintained for the life of the Certificate of Occupancy.”

THE VOTE: 11-0

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PUBLIC HEARING ITEMS Item 2 is continued from the July 7, 2011 meeting of the Commission as requested by the applicant. Item #2 Request from DMM Investments, LLC represented by Edward Mauro (officer) to rezone property located at 2340 Herold Avenue:

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

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

existing future land use designation from Planned Business Park to Low Density Residential. (21-2011-4.08)

C) Rezone the property from “M-3” Limited Industrial District to “R1-60” One-Family

Low-Density Residential District, to allow extension of Herold Avenue for single-family lot development. ZON2011-00112)

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

extend the development of single-family housing east on Herold Avenue. 2. Size of Site: 169.72-feet by 331.26-feet or 56,221 square feet (1.29 acres) 3. Existing Zoning (site): “M-3” Limited Industrial.



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

North – “R1-80”, Use is a single-family residential acreage. South – “M-3”, Use is a dental office. East – “R1-80”, Use is vacant timbered land. West – Limited “R1-60”, Uses are single-family dwellings.

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

end of Herold Avenue, a single-family residential cul-de-sac street, running east of Southwest 26th Street. The property is approximately a block north of McKinley Avenue which is a collector street running along the north side of the Des Moines International Airport. The property is in a transition area between limited industrial and commercial development at the periphery of the airport and the low density residential neighborhood to the north.

7. Applicable Recognized Neighborhood(s): Southwestern Hills Neighborhood

Association.

8. Relevant Zoning History: The adjoining property to the west was rezoned to a limited “R1-60” by the City Council on September 21, 1992 with the following conditions:

a) No part of the Property shall be divided into lot or separate parcel with a width of less than 65 feet except those lots dedicated for public use.

b) No dwelling shall be constructed or permitted to remain upon the Property

unless it has not less than 1,200 square feet of finished floor area. In computing floor area, the same shall not include porches, breezeways or garages

9. 2020 Community Character Land Use Plan Designation: Planned Business Park.

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

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



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II. ADDITIONAL APPLICABLE INFORMATION 1. Drainage/Grading: Future subdivision plat development of the subject property will

require a storm water management plan and a soil erosion protection and grading plan as part of the submittal review.

2. Utilities: All necessary utilities are currently available or within a reasonable

distance to the subject property. Public sanitary and storm sewer along with water are available at the eastern terminus of Herold Avenue. It is possible that there would be design challenges to extension of those utilities depending on how the grades would be developed for future development.

3. Landscaping & Buffering: There is significant timber on the subject property. All

development would be subject to Tree Mitigation Ordinances as part of any Subdivision Plat review or grading plan review. Any trees removed after May 2009 will be required to be mitigated under formulas dictated in the Ordinance.

4. Access or Parking: Section 106-133(g)(1) of the Subdivision Ordinance requires

that no permanent dead-end street shall have a turnaround in excess of 660 feet. Currently there it is approximately 660 feet from the centerline of Southwest 26th Street to the west property line of the subject property. This provision cannot be met unless there is a waiver by the Plan and Zoning Commission and City Council of this provision. Any future subdivision of this property will require review by both. Fire Engineering staff have indicated that Fire Code would require a secondary vehicular outlet for any development over 30 single-family dwellings. Herold Avenue currently has 18 single-family dwellings on the dead-end section, leaving and addition 12 allowed under the Fire Code. However, staff recommends that any development of this land be required to connect in some fashion to the existing public street system to the north. There would be opportunity to loop up to Emma Avenue or even Stanton Avenue. This also would open development potential for other undeveloped areas. Section 106-133(b) requires that street improvements be extended such that adjoining land that has not been subdivided may be accessed. In this instance there is land both to the east and north that is residentially zoned and has not been developed. Staff believes that any extension of Herold Avenue shall be done in a manner which allows its further extension into adjoining residential property to allow for its orderly development. Ultimately a secondary connection to the street system is warranted.

5. 2020 Community Character Plan: Staff recommends that the existing future land

use designation be amended from Planned Business Park to Low Density Residential. This is more consistent with the current depth of existing limited industrial and commercial development along the McKinley Avenue Corridor to the south across from the Airport. Extending industrial or commercial development to the subject property would present additional impact to the existing single-family residential development.



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6. Airport Height and Hazard: The subject property carries a Noise and Avigation Easement to the Des Moines International Airport. This acknowledges that any development of the property could experience noise and vibration impacts from the existing and future airport operations. In addition development of structures and landscaping must be kept below a horizontal plane of height established by the easement which is as low as 21 feet above grade on some portions of the property. This avigation limitation will be reviewed with any future subdivision or development of the property.

II. STAFF RECOMMENDATION TO THE PLAN AND ZONING COMMISSION AND

BASIS FOR APPROVAL Part A) Staff recommends that the requested rezoning with conditions be found not in conformance with the Des Moines‟ 2020 Community Character Plan future land use designation. Part B) Staff recommends approval of the requested amendment to the Des Moines‟ 2020 Community Character Plan future land use designation. Part C) Staff recommends approval of rezoning to a Limited “R1-60” subject to the following conditions:

1. No part of the Property shall be divided into a lot or separate parcel with a width of less than 65 feet except those lots dedicated for public use.

2. No dwelling shall be constructed or permitted to remain upon the property

unless it has not less than 1,200 square feet of finished floor area. In computing floor area, the same shall not include porches, breezeways or garages.

3. Any development of the property shall only be permitted after extension of the

public street in manner which to allow development of adjoining developable property to the east and north. Such street extension shall provide a secondary connection to the existing street system on Emma Avenue or Stanton Avenue.

4. Any development of the property shall be subject to the recorded Noise and

Avigation easements in favor of the Des Moines International Airport. SUMMARY OF DISCUSSION Erik Lundy presented the staff report and recommendation. Edward Mauro 4064 SW 31st Street stated that he agrees with most of the staff recommendations. He is concerned with condition 3 because he has no control over all of the adjoining property to extend that street to Emma or to Stanton. He would not want to be restricted.



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CHAIRPERSON OPENED THE PUBLIC HEARING The following spoke in opposition of applicant’s request Frank Gallardo 2340 Stanton Avenue stated that he is getting a lot of stormwater runoff from Emma Avenue and believes with the rezoning he will get flooded. Rebuttal Edward Mauro stated that there was a meeting held at the Southside Library and any development that would take place would meet City runoff containment requirements. CJ Stephens asked what the price range of the homes the applicant is planning. Edward Mauro stated that they have not gotten that far yet. CJ Stephens asked if trees are going to be salvaged or saved or is the land going to be clear cut. Edward Mauro stated it is too soon for him to give an answer. They would try to salvage what they could to meet the requirement of the zoning but a significant amount will have to be removed at some time. CJ Stephens asked if this would be coming back to the Commission as a plan. Mike Ludwig stated a subdivision review by P&Z would be required to build any more than one house on the property. Mike Ludwig asked the applicant if he would be willing to accept single-family design standards that have been applied previously to PUD‟s requiring minimum amount of brick or porch, window trim/shutters, minimum siding thickness, architectural shingles, and fencing restrictions. Edward Mauro stated that he would not be opposed. Mike Ludwig stated that the applicant would have to agree in writing to any conditions prior to the Council hearing. CHAIRPERSON CLOSED THE PUBLIC HEARING COMMISSION ACTION: CJ Stephens moved staff recommendation Part A) that with conditions it is found not in conformance with the Des Moines‟ 2020 Community Character Plan future land use designation. THE VOTE: 10-0



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COMMISSION ACTION: CJ Stephens moved staff recommendation Part B) to approve the requested amendment to the Des Moines‟ 2020 Community Character Plan future land use designation; and Part C) to approve rezoning to a Limited “R1-60” subject to the following conditions: 1. No part of the Property shall be divided into a lot or separate parcel with a width of

less than 65 feet except those lots dedicated for public use.

No dwelling shall be constructed or permitted to remain upon the property unless it has not less than 1,200 square feet of finished floor area. In computing floor area, the same shall not include porches, breezeways or garages.

2. Any development of the property shall only be permitted after extension of the public

street in manner which to allow development of adjoining developable property to the east and north. Such street extension shall provide a secondary connection to the existing street system on Emma Avenue or Stanton Avenue.

3. Any development of the property shall be subject to the recorded Noise and

Avigation easements in favor of the Des Moines International Airport. 4. Each single-family dwelling unit shall have a private garage, whether attached or

detached. 5. Minimum building floor areas for single-family residential shall be as follows:

i. Single-story (ranch) 1,200 square feet, excluding basements. ii. Two-story 1,400 square feet, excluding basements.

6. The front elevation of each single-family home constructed must contain one of the following: a) A front porch of not less than 60 square feet; or b) 1/3 to 1/2 stone or brick masonry.

7. The front elevation of each single-family home constructed must contain one of the following: a) Shutters on each side of each window; or b) Window trim not less than 4” in width.

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

9. The roof on any home constructed shall be of architectural type shingles or cedar shakes.

10. Fencing shall be limited as follows: a) Black vinyl-clad chain link is the only fencing material permitted. b) The maximum height of fencing allowed in a side or rear yard is five-feet (5‟). c) Fencing is prohibited within any front yard and within access easements to

detention basins or trails. d) If fencing is placed in an easement that prohibits access, the city will remove the

fence to gain access. Replacement of the fence is the responsibility of the homeowner.



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e) Wood privacy screens up to six-feet (6‟) in height are permitted when located outside of the required setbacks for a principal structure, outside of conservation easements and when adjoining private patios or decks outside the required front yard.

f) All other fencing or screening is subject to the review and approval of the Planning Director and/or the Zoning Board of Adjustment.

THE VOTE: 10-0

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Item 3 Item #3 is continued from the July 7, 2011 meeting of the Commission. This was done to allow the applicant time to address Zoning Ordinance violations that were found during the preparation of the staff report. The following is an updated staff report. Request from Exodus Groups Investments, LLC (owner) represented by Jeret Koenig (officer) to rezone property located at 1825 East Army Post Road:

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

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

existing future land use designation from Commercial: Auto-Oriented Community Commercial to General Industrial. (21-2011-4.07)

C) Rezone the property from “C-2” General Retail and Highway Oriented

Commercial District to “M-1” Light Industrial District, to allow for an expansion of the business to convert retail/wholesale to predominantly wholesale use.

(ZON2011-00111) STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION 1. Purpose of Request: The applicant currently operates a retail business known as

“Farm and City Supply” and associated wholesaling businesses at the subject property. The applicant wishes to expand the wholesale component of their business to the point that it would become the primary use of the property. Wholesaling is not a principal permitted use in the “C-2” District. The applicant‟s future plans may also include the purchase of additional land. Any additional land added to the site would require rezoning before it could be developed for the proposed use.



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2. Size of Site: 424,710 square feet or 9.75 acres. 3. Existing Zoning (site): “C-2” General Retail and Highway Oriented Commercial

District.

The “C-2” District allows businesses that display, rent, or sale of automobiles, trailers, motorcycles, boats and farm implements with outside storage and display limited to areas established on an approved Site Plan per Section 134-947(c)(3) of the Zoning Ordinance.

4. Existing Land Use (site): Retail and wholesaling. The site contains a 28,000-

square foot commercial building, a 20,000-square foot warehouse building and a 13,040-square foot storage canopy structure. The property was originally developed for a lumberyard business.

5. Adjacent Land Use and Zoning:

North – “C-2”, Uses are a mini-warehouse facility, a tavern, a bail bonds business & a single-family dwelling.

South - “C-2”, Use is a mobile home park.

East – “C-2”, Use is a single-family dwelling with an associated nursery business.

West – “C-2”, Use is undeveloped land. 6. General Neighborhood/Area Land Uses: The subject property is located along the

East Army Post Road highway commercial corridor east of the SE 14th Street intersection.

7. Applicable Recognized Neighborhood(s): Easter Lake Area Neighborhood.

8. Relevant Zoning History: None.

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

Oriented Community Commercial.

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. 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. Drainage/Grading: Any additional development of the site must comply with the

City‟s Stormwater Management requirements to the satisfaction of the City‟s Permit



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and Development Center. All grading is subject to an approved grading permit and soil erosion control plan.

2. Utilities: There are no public sanitary or storm sewers in the area to serve the

property. There is an existing 16-inch water main in the East Army Post Road right-of-way.

3. Landscaping & Buffering: Any additional development of the site will require

landscaping in accordance with the Des Moines Landscape Standards. These standards generally include open space, bufferyard and parking lot plantings. Staff believes that if the property is rezoned to “M-1” District that it should but subject to compliance with the landscaping requirements for the “C-2” District to ensure compatibility with the surrounding “C-2” zoning.

Future development of the site would also be subject to the City‟s Tree Removal and Mitigation Ordinance (Section 42-550 of the City Code).

4. Access or Parking: The site has two access drives to East Army Post Road. If the

business is expanded the applicant will be required to provide adequate off-street parking in compliance with the Zoning Ordinance requirements. The applicant has been displaying merchandise in required parking stalls. The display of merchandise in required maneuvering and parking spaces is prohibited.

The existing parking lot does not comply with all of the current parking lot requirements. Staff believes that the parking lot should be brought into conformance with the current standards including curbing, landscaping, and stall and driveway dimensions as a condition of approval.

5. 2020 Community Character Plan: The proposed rezoning to the “M-1” District with

no limitations is not compatible with the Commercial: Auto-Oriented Community Commercial future land use designation. Staff believes that industrial development should be focused in the areas the City has already designated for those types of uses. The adjoining portion of East Army Post Road is designated for commercial development to support the existing and planned residential uses in the area. The subject property could be rezoned to Limited “M-1” without amending the Future Land Use Map if the permitted uses are limited to those allowed in the “C-2” District and warehousing enclosed in a building or completely screen from view, and if the site is operated in compliance with the conditions identified in the staff recommendation.


BASIS FOR APPROVAL Part A) Staff recommends that the Commission find the requested unlimited “M-1” zoning not in conformance with the Des Moines‟ 2020 Community Character Plan. Part B) Staff recommends denial of the requested land use amendment. The amendment is not necessary if the permitted uses are limited to those uses allowed in



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the “C-2” District and warehousing within a building or fully screened area and the site is operated in compliance with the conditions listed in Part D of the staff recommendation. Part C) Staff recommends that the Commission find a request for limited “M-1” zoning subject to the conditions listed in Part D of the staff recommendation in conformance with the Des Moines 2020 Community Character Plan. Part D) Staff recommends approval of the requested rezoning subject to the following conditions.

1. Permitted uses shall be limited to the following:

a) Uses allowed in the “C-2” District excluding adult entertainment businesses, off-premises advertising signs, and financial service centers that provide check cashing and loans secured by post dated checks or payroll guarantee as their primary activity; and

b) Warehousing that is completely enclosed in a building or screened from view.

2. All outside storage areas of all item types and display areas for automobiles, trailers, motorcycles, boats and farm implements shall comply with the following requirements.

a) Shall be located outside of the front yard.

b) Shall be screened from view to the satisfaction of the Community Development Director. Slats in chain link fencing shall not be considered an appropriate screening material.

c) No items shall be stacked higher than the perimeter screening.

d) Shall be designed to allow no part of any stored or displayed product to encroach into the required setbacks, and shall be maintained with both a dustless surface and a drainage system approved by the city engineer.

e) All display areas, driveways and areas used for temporary storage shall be surfaced with an asphaltic or Portland cement binder pavement or such other surfaces as shall be approved by the city engineer so as to provide a durable and dustless surface, and shall be so graded and drained as to dispose of all surface water accumulation within the area.

3. Outside display of general merchandise is permitted subject to the following

requirements.

a) All merchandise shall be displayed on a paved surface in accordance with an approved Site Plan.

b) Merchandise shall be stacked no greater than 5 feet in height.

c) All display areas shall be immediately adjoining a building and identified on an approved Site Plan.



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d) Outside display areas shall be limited to a combined maximum of 1,400 square feet.

e) Merchandise shall be removed on a daily basis and only displayed during business hours.

4. The parking lot shall be brought into conformance with current standards.

5. Any development of the property shall comply with the City‟s Landscaping Standards for the “C-2” District.

6. Submittal and approval of a Site Plan in accordance with City‟s Site Plan Regulations by December 31, 2011.

7. Completion of all site improvements in compliance with the approved Site Plan by

June 1, 2012. SUMMARY OF DISCUSSION Erik Lundy presented the staff report and recommendation. John “Jack” Hilmes asked if stacking mulch outside is considered warehousing/outdoor storage, or display of retail merchandise. Erik Lundy stated that if it is considered storage it would need to be either in a building or screened from public view. In this case if it is being shown as a merchandise display, staff is asking that it is limited to that area 1400 square feet out of the setbacks and that the merchandise is kept at 5 feet or lower. John “Jack” Hilmes asked what the differentiation is. Erik Lundy stated merchandising would be limited to the area that is on the site plan, out of any required setbacks, and limited to that height. Beyond that it becomes storage and storage needs to be the area that is screened from public view or inside of a building. John “Jack” Hilmes pointed out that this could be a potential issue. Jeret Koenig 11480 Nevada Street, Indianola gave an overview of Exodus Group. He stated that every retail business before them on this property has gone bankrupt. Exodus Group bought this foreclosed property from a bank. Farm & City Supply is a retail business located in the front and Exodus Direct is a wholesale business located in the back. Retail will not sustain itself in this area so they want to continue to expand wholesale operations in their present location. The applicant does not agree with the following staff recommendations regarding outside storage areas of all item types and display area for automobiles, trailers, motorcycles, boats and farm implements:



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2b – Shall be screened from view to the satisfaction of the Community Development Director. Slats in chain link fencing shall not be considered an appropriate screening material. If they put their merchandise behind a screen it will never sale. They are looking at screening their wholesale but not having to screen their retail merchandise. 3b - Merchandise shall be stacked no greater than 5 feet in height. They propose that instead of a 5 feet restriction that they go with the standard of retail businesses which is delivery height. 3c - All display areas shall be immediately adjoining a building and identified on an approved Site Plan. The applicant suggest that the wording and/or be added because they cannot display all of their merchandise along the building, some of it is larger in nature. 3d - Outside display areas shall be limited to a combined maximum of 1,400 square feet. They are proposing combine 2,800 square foot plus 4,000 square foot to allow them to sale the merchandise they have out there.

3e - Merchandise shall be removed on a daily basis and only displayed during business hours. They think that this condition is unrealistic for them to move those things on a daily basis. With the economy the way it is they cannot store everything outside because of the things that are smaller would probably be stolen. They are storing the major items such as lawn mowers, mulch, bag products, gate, and fence. Greg Jones asked where would that 4,000 square feet be. Jeret Koenig stated that they would like to come back to the City with a site plan. Greg Jones asked would the 4,000 square feet be a part of the front yard setback. Jeret Koenig stated yes it would be a part of the front yard setback. Greg Jones asked if the building is set exceedingly far back. Jeret Koenig stated yes, which is another issue have with this building; so if they do not put something out front people will think they are out of business because they are so far back. Ted Irvine asked if their business can operate if staff recommendation is passed. Jeret Koenig stated that the retail part of the business probably will not. Dann Flaherty asked if there are no setbacks where are they going to start putting the merchandise. Jeret Koenig stated that starting at the sign which is about 25 feet setback from the street and back to the building.



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Dann Flaherty asked about all of the scattered storage and display. Jeret Koenig stated they will agree to define display and storage areas on a site plan. CHAIRPERSON OPENED THE PUBLIC HEARING Jim Bollard 4007 SE 26th Street, President of Easter Lake Neighborhood Association stated they have worked with staff and met with the applicant and are comfortable with all of the “M-1” restrictions proposed by staff. Greg Jones asked if he is in favor of reducing the setback restrictions. Jim Bollard stated that he is probably not as liberal as the applicant was asking but he does think that because it is a farm and supply store there are going to be more items stored out front than normal. Darryl Horn 701 55th Street, West Des Moines stated that he is the store manager of Farm & City Supply and thinks they have a good store there. He asks that staff and Commission not put so many restrictions that could drive them out of business. Dann Flaherty asked if they have a business display storage plan. Darryl Horn stated yes there is a business display plan. There was no one to speak in opposition of the applicant’s request CHAIRPERSON CLOSED THE PUBLIC HEARING JoAnne Corigliano stated that she thinks a farm store has a different feel to it. Ted Irvine asked if there is potentially some landscaping solution to some of the display concern. Also, he does not think that they can operate the retail store the way they want to if the Commission passes staff recommendation the way it is and he would consider continuing this item to allow staff and the applicant to work at getting closer to what will work for their business. Mike Ludwig stated that part of the difficulty for staff on this has been that the use that originally allowed on this property was primarily a retail business. The applicant is wholesaling on the property as indicated by their desire to have “M-1” zoning. Wholesaling is now the predominant use of the property. They have 28,000 square feet in the main building and have additional buildings in the rear. Only 6500 total square feet of building space is used for retail sales. Jeret Koenig stated there is a total of 51,000 square feet that is enclosed and approximately 10,000 additional square feet of covered storage space. Mike Ludwig stated that wholesaling is taking up so much space that to provide additional retail space, they are putting items in the front yard. The line between retailing and wholesaling is very blurred at least on this use. Staff is trying to provide



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some clarity to what that retailing would be where it would be and then requiring the wholesaling to be behind the front of the building. He suggested that if the applicant is willing to accept the continuance, staff is willing to work with them additionally on these conditions. However, if P&Z is not comfortable with the conditions they can have the site plan come back to the Commission to show exactly where they are going to have retailing and how it is going to be stacked or how it is going to be screened. Dann Flaherty asked if the applicant would be willing to come back with a display plan. If P&Z approves the display plan for this particular project future projects will want the same. He asked the applicant if they would accept a continuance to allow him time to bring in a display plan so the Commission can see it. Jeret Koenig stated yes he thinks it would be beneficial. Greg Jones stated that he would like to know the distance from the road pavement to the right-of-way/property line; and the setback distances of the sign and building or display areas. Will Page asked if the applicant agree with condition number 4. Jeret Koenig stated yes he agrees with condition number 4. John “Jack” Hilmes stated that he thinks they need to give the applicant the tools to be successful and think that it is great that a local merchant is operating on the south side and does not think that the City should condition the business out of existence. He was glad that staff and the applicant will be working together to make this a go. COMMISSION ACTION: John “Jack” Hilmes moved to continue this item to the September 1, 2011 Plan and Zoning meeting. THE VOTE: 10-0

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Item #6 Request from Oakridge Neighborhood Services, Inc. (owner) represented by Teree Caldwell-Johnson (agent) for review and approval of a Site Plan “Silver Oaks” under design guidelines for multiple family residential uses, on property located at 979 Oakridge Drive, to allow development of a 39-unit three-story senior living apartment building with a daycare center, 37 indoor parking spaces and 11 surface off-street parking spaces. (10-2011-7.118)



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STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION 1. Purpose of Request: The applicant is seeking to construct a mixed-use project

including senior living multiple-family residential development and daycare for young children. The submitted Site Plan indicates development of a three-story, 39 unit residential apartment building with a first-floor day care facility and underground parking garage, between Oakridge Drive, Keosauqua Way, and Interstate 235. An off-street parking lot is proposed adjacent to the northwest side of the apartment building with drive access onto both Oakridge Drive and Keosauqua Way.

2. Size of Site: 39,737 square feet (0.91 acres) 3. Existing Zoning (site): “C-2” General Retail and Highway Oriented Commercial

District. “GGP” Gambling Games Overlay Prohibition District. 4. Existing Land Use (site): Health Clinic with paved off-street parking. 5. Adjacent Land Use and Zoning:

North – “C-2”, Use is undeveloped right-of-way for Interstate 235. South – “C-2”, Use is Hott of the Press printing shop. East – “C-2”, Use is undeveloped right-of-way for Interstate 235. West – “R-3”, Uses is Homes of Oakridge multiple family residential community.

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

northern edge of the downtown area southwest of where the freeway intersects with Keosauqua Way. The Homes Oakridge multi-family housing community directly to the west is the dominant use with downtown support commercial uses to the south and east.

7. Applicable Recognized Neighborhood(s): N/A.

8. Relevant Zoning History: On March 23, 2011, the Zoning Board of Adjustment

granted an Exception of 981 square feet of lot area per dwelling unit less than the minimum required 2,000 square feet of lot area per dwelling unit, and an Exception of 12.5 feet less than the minimum required 25-foot front yard setback on Oakridge Drive, subject to the following conditions: a) Any building constructed shall be sided with a substantial amount of masonry to

the satisfaction of the Community Development Director.

b) Any building shall be constructed in substantial conformance with the submitted design.



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c) Any building shall be constructed in compliance with all applicable Building Codes and Site Plan regulations, with issuance of all necessary permits by the Permit and Development Center.

d) Upon development of the site with a daycare, the Board requests but not requires

that consideration shall be given to providing a cross walk and traffic controls between the daycare and the outdoor playground on the south side of Oakridge Drive.

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

Commercial. 10. Applicable Regulations: The Plan and Zoning Commission reviews and approves

Site Plans for multiple family dwellings, boarding houses or rooming-houses in accordance with the design standards in Section 82-213 and the design guidelines in Section 82-214.05 of the City Code. The decision to approve, approve subject to conditions, or disapprove a proposed Site Plan shall be based upon the conformance of the Site Plan with the design guidelines.

II. ADDITIONAL APPLICABLE INFORMATION 1. Drainage/Grading: Development of the subject property requires a stormwater

management plan as well as a soil erosion protection and grading plan as part of the Site Plan review submittal. Engineering staff has reviewed the submitted stormwater management plan. The general concept of the stormwater management design looks to collect the surface parking, area intake around the building, and the roof drains into an underground storage detention beneath the building. Then the water would outlet through underground pipe to the south of the building eventually connecting to the public storm sewer at an intake in Keosauqua Way to the east.

It appears that the stormwater management plan was designed using the Site Plan policies that are applicable to “NPC” Districts. However the zoning of the property is “C-2” and the standard Site Plan policies for storm water management are applicable. The stormwater management plan will need to be adjusted to conform to the standard policies. This will result in having to provide additional storage capacity within the design, as the proposed design based on “NPC” would have allowed for release rates based on the current pre-developed impervious condition. The standard requirements assume stormwater release rates based on all new impervious surfaces being developed.

2. Utilities: All necessary utilities are currently available within Oakridge Drive or Keosauqua Way. The proposed design accesses all utilities from Oakridge Drive except that the storm water is being piped to public storm sewer in Keosauqua Way.

3. Landscaping & Buffering: Based on the “C-1” requirements imposed by the

multiple-family design guidelines, the site is subject to providing open space and perimeter lot landscaping for the off-street parking lot at a minimum. Based on the



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39,737 square-foot site, this would require (4) four over story trees, four (4) evergreen trees, and four (4) shrubs for the open space and two (2) over-story trees and six (6) shrubs for the perimeter lot landscaping along Oakridge Drive.

The submitted plan shows that seven (7) over story trees are being removed to accommodate the project. Four (4) of these trees are of a size that fall into the size categories for mitigation, netting eight (8) tree plantings required under the formula in the Tree Mitigation Ordinances. Required landscape plantings may be applied to mitigation. In this instance four (4) new over story trees are proposed and (4) new evergreen trees are proposed which only counts to meet six (6) mitigation trees as each two (2) evergreens counts as one mitigation tree. Only 30% of mitigation the requirement may be substituted which is maxed out with in this case with the four (4) evergreen plantings. Therefore an additional two (2) over story tree plantings are necessary to meet the total of eight (8) tree plantings necessary for mitigation. Additionally, of the two (2) over story tree and six (6) shrub plantings required for the perimeter lot, none have been proposed within the perimeter lot landscape strip along Oakridge Drive. It is recommended that the landscaping plan for the Site Plan be revised to add the two additional over story trees for mitigation and that the minimum plantings be provided in the perimeter lot landscape strip along Oakridge Drive. The submitted Site Plan indicates a trash enclosure that is integral to a wall system that would project off the building immediately west of the east drive entrance to the underground parking. No trash enclosure is identified on the east architectural elevation submitted with the Site Plan and no separate elevation drawings for the enclosure are provided within the Site Plan details. Staff recommends that it comply with the Zoning requirements and provide a brick and masonry enclosure with solid black steel gates. The enclosure location is conveniently located for service access. It is sized to accommodate both trash and recycling containers.

4. Access or Parking: The off-street parking lot has proposed access onto Oakridge Drive and onto a collector private drive passing between Oakridge Drive and Keosauqua Way. The underground parking garage also has access onto this collector drive.

The senior living apartments require one (1) off-street parking space per two (2) units for a total of 20 spaces. The daycare use requires one (1) space per two staff plus three (3) drop-off spaces for a total of eight (8) spaces based on nine (9) staff people anticipated. The submitted Site Plan provides 37 underground parking spaces and 11 surface parking spaces for a total of 48 parking spaces including one accessible van space.

5. Design Guidelines for Multiple-Family Residential: The following are the design guidelines for multiple family dwellings:

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.



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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 building design incorporates a gabled roof design with the ridge parallel to Oakridge Drive with a flat cross gabled element over the west front door through the depth of the building to the east eave providing fenestration to the east and west facades. The proposed ridge projects out on the north and south sides approximately nine (9) feet from the building wall creating a pointed overhang. The proposed roof overhang on the west and east facades is approximately 5.5 feet putting it seven feet from the front property line along Oakridge Drive. The Zoning Board of Adjustment granted relief to allow the building to come within 12.5 feet of Oakridge Drive. Section 134-1296(g)(1) of the Zoning Ordinance allows for a roof overhang up to two (2) feet into the required setback. In this instance, the west roof overhang would have to be reduced by approximately 3.5 feet at a minimum along some portions of the building without seeking a Variance from the Board of Adjustment. The exterior materials are comprised of brick masonry, a cement masonry panel material, and horizontal clapboard cement board siding. The Board of Adjustment required that a substantial amount of masonry material be used as a condition of the relief. This has been interpreted by City staff as being at least 50% brick masonry. State tax credits being sought by the applicant require that a minimum of 60% of the exterior be of a masonry material, but have accepted the cement masonry panels as meeting this standard. The applicant has placed a note on the proposed Site Plan building elevations indicating that the elevations are subject to change with the building maintaining a total of 60% masonry material half of which is brick masonry and half of which is cement masonry panel. This note needs to be removed from any approved Site Plan since the Commission’s final approval of the Site Plan cannot leave the exterior design open ended with any materials subject to change. Staff had suggested that half the total material should be brick based on the Board of Adjustment condition, and that a portion of that could be cement masonry panel material based on it reading similar to the brick being used. It was expressed to the applicant that keeping the brick masonry around the base and first floor of the building (including wrapping the north/south end elevations) was an absolute and that an alternate pattern and color of the cement masonry panel material could be used as a contrast above that. The submitted elevations do not provide any calculations of the amount of each exterior material and do not provide colors and textures of the materials to allow staff to determine whether the alternate cement masonry panel material reads the same as the brick material or not so that it can be considered as part of the



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calculation for the Board’s condition. Based on this staff is recommending that the Commission require that a minimum of 50% of the exterior of the building be comprised of brick masonry material with the exterior of at least the basement and first floor levels being comprised of brick material on all four facades of the building.

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 apartment building has a common roof ridgeline with articulation coming in the form of two flat cross gables. In order to achieve compatibility with varying roof designs on other residential structures in the Oakridge community, staff recommends additional articulation than what has been proposed. As examples, this could be accomplished with a pattern of dormers, varying styles of dormers, or one or more breaks in the ridgeline of the roof. The existing apartments in the Oakridge community have a character of varying styles of roof design with repetitive patterns. The nearby buildings, both commercial and residential, are generally two-story buildings. In addition portions of the basement of the building will be exposed to the Keosauqua Way perspective making it seem taller. So the proposed three-story building needs architectural treatment to bring down the appearance of its height. Part of this is achieved through using a flatter roof pitch and increasing the length of the overhangs. In addition, staff is recommending a concentration of brick masonry material of a darker contrast around the basement and first floor levels of the building to help bring the height of the building.

C. Building orientation. To the maximum extent feasible, primary façades and entries shall face the adjacent public street. A main entrance should face a connecting walkway with a direct pedestrian connection to the public street without requiring all pedestrians to walk through parking lots or across driveways. The primary façade is oriented to Oakridge Drive with a connecting pedestrian route directly to the public sidewalk from the entrance of the building. There are also connecting pedestrian walks proposed from the north side of the building to the off-street parking lot. This would serve as primary entrance to the daycare.

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.



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The underground parking garage access is proposed on the east rear side of the building.

E. Rooftop/second story additions. A rooftop or second floor addition, including but not limited to stairs and emergency egress, should not overhang the front or sidewalls of the existing building. N/A

F. Emergency egress. All stairs and means of emergency egress extending more than 15 feet above grade and visible from the adjoining street should be completely enclosed with materials compatible in color and texture with the balance of the building. There are unenclosed emergency egress stairs proposed on the south side of the building from the first level to half of a story below at grade. However, these are not proposed to exceed 15 feet above grade.

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. See landscaping information in paragraph 3 of Section II Additional Information.


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

1. Compliance with all administrative review requirements of the Permit and

Development Center Administrator. 2. Provision of a minimum of two (2) additional over story trees to meet the minimum

mitigation planting requirements for tree removals.

3. Revision of landscaping plan to provide required two (2) over story trees and six (6) shrubs within the perimeter lot landscape strip.

4. Provision of a solid waste receptacle enclosure design that is 100% brick and

masonry material to match the primary building with black solid steel gates. 5. Provision of storm water management design in accordance with the standard Site

Plan policies.

6. Removal of the note on the building elevations indicating that they are a schematic phase and subject to change.



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7. Provision of at least 50% brick masonry exterior material on the entire building with a 100% of the exterior of the basement and first floor being comprised of brick masonry on all four sides of the building.

8. Revision of the roof design to include additional articulation and ensure that any overhang does not encroach more than two (2) feet into any required setback.

SUMMARY OF DISCUSSION Erik Lundy presented the staff report and recommendation. Roger Brown stated that the site plan guidelines are balancing test and are applied collectively; regulations are to be applied individually. Teree Caldwell-Johnson 3907 SW 29th Street, CEO Oakridge Neighborhood introduced Tim Urban, co-developer, Doug Saltsgaver, project engineer, Brent Schipper and Asa Westfall from ASK Studios who are the project architects. Tim Urban President of Urban Development Corporation, 214 Foster Drive gave a brief background of this property and what they are proposing. The applicant agrees with staff recommendation. They are also proposing that they use concrete base with a vertical board form on it, which staff is comfortable with. However, they are asking for relief of stormwater management requirements. Greg Jones asked what percentage of the normal stormwater detention they are proposing to provide. Tim Urban stated they could meet 75% of what would be the normal standard. Greg Jones asked if the underground storage pipe could be enlarged. Tim Urban stated yes it could be enlarged at greater cost. Dann Flaherty stated that he is concerned with where to put the water. Asked who becomes responsible for the un-detained water? Tim Urban stated that the water runs through the 60 inch pipe that is 130 feet long, it discharges into a manhole in the floor of the garage and goes down to another manhole and connects to the existing pair of intakes and then discharges into a 54 inch City storm sewer. They are not aware of any capacity issues with the City system. He suggested that the Commission condition approval of this item subject to verification by the City Engineer that the 54 inch sewer has capacity to accommodate only 75% on-site detention. Doug Saltsgaver, Engineering Resource Group 2413 Grand Avenue stated that at the present time the site has zero stormwater management. Everything that comes off of the parking lot, building roof top, and the existing grass goes very quickly down and into the existing storm sewer or directly tops the curb on Keo. There is no control; the applicant would be providing stormwater management on-site.



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Dann Flaherty stated that the project is wonderful. His concern is that there is still going to be a water problem. Brent Schipper stated that right now there is no water management but the water all gets into the sewer one way or the other. If that sewer is a problem sewer to the City today then the Commission should not give any exceptions. However if the existing sewer does not have any problems the City should consider the request for less on-site detention. Mike Ludwig suggested the Commission make a motion to consider the request subject to the City Engineer doing a capacity analysis. Dann Flaherty asked Legal Staff if the Commission has the ability to do that. Roger Brown stated that they do have the authority to modify if they deem appropriate. Mike Ludwig clarified that the criteria would be is there alternative storm water compliance on the site occurring to offset the standard. Tim Urban stated that it all comes down to dollars and cents. Everything is restricted. John “Jack” Hilmes asked what the cost is. Tim Urban stated that he did not know. John “Jack” Hilmes asked if the applicant‟s engineer could estimate the cost. Tim Urban stated that he was just told that it would be in the $10,000 plus range. I is an incremental cost not a monumental cost. Greg Jones understands the constraints. Mike Ludwig asked that if the applicant needs to modify the architecture is the P&Z willing to allow staff to review those modifications; or does P&Z want it to come back to them no matter what for review. John “Jack” Hilmes stated that he is willing to let staff deal with the architectural elements. CHAIRPERSON OPENED THE PUBLIC HEARING There was no one to speak in favor or in opposition of the applicant’s request CHAIRPERSON CLOSED THE PUBLIC HEARING



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COMMISSION ACTION: CJ Stephens moved to approve staff recommendation subject to the following conditions:

1. Compliance with all administrative review requirements of the Permit and

Development Center Administrator. 2. Provision of a minimum of two (2) additional over story trees to meet the minimum

mitigation planting requirements for tree removals.

3. Revision of landscaping plan to provide required two (2) over story trees and six (6) shrubs within the perimeter lot landscape strip.

4. Provision of a solid waste receptacle enclosure design that is 100% brick and

masonry material to match the primary building with black solid steel gates. 5. Provision of storm water management design in accordance with the standard Site

Plan policies.

6. Removal of the note on the building elevations indicating that they are a schematic phase and subject to change.

7. Provision of at least 50% brick masonry exterior material on the entire building with a 100% of the exterior of the basement and first floor being comprised of brick masonry on all four sides of the building.

8. Revision of the roof design to include additional articulation and ensure that any overhang does not encroach more than two (2) feet into any required setback.

9. The City Engineer will make an analysis on the stormwater issue and determine the necessary on-site stormwater detention requirement. The Planning Administrator may approve architectural changes if necessary to accommodate increased construction cost.

THE VOTE: 10-0

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Item 7 Request from Joel and Nancy Wilson (owners) for review and approval of a Site Plan “House of Bricks” under design guidelines for uses in “C-3B” Districts on property located at 525 East Grand Avenue, to allow expansion of the existing tavern use with a roof top patio service area including a second story addition and pergola structure. (10-2011-7.121)



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STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION 1. Purpose of Request: The Site Plan would allow the existing House of Bricks tavern

to construct a 24-foot by 85-foot (2,040 square feet) second story addition and a 20-foot by 85-foot (1,700 square feet) rooftop patio service area that would be partially covered by a pergola structure.

2. Size of Site: 85 feet by 44 feet (3,740 square feet). 3. Existing Zoning (site): Limited “C-3B” Central Business Mixed-Use District. 4. Existing Land Use (site): The site includes the one-story House of Bricks tavern

that covers the entire property. 5. Adjacent Land Use and Zoning:

North – “C-3B”; Uses include East Grand Avenue and two-story structure with retail uses on the ground floor and residential uses on the upper floor. South – “C-3B”; Use is a two-story structure with the Eden retail shop on the ground floor and a dwelling unit on the upper floor. East – “C-3B”; Uses include East 6th Street and the Iowa State Historical Building. West – “C-3B”; Uses include a north/south alley and the New Oriental Food Store.

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

a mix of commercial and residential uses in the eastern portion of the downtown area.

7. Applicable Recognized Neighborhood(s): Historic East Village Neighborhood. 8. Relevant Zoning History: On November 15, 2006, the Zoning Board of Adjustment

granted a Conditional Use Permit for a business selling wine, liquor, and/or beer to allow use of the 85-foot by 45-foot (3,825 square feet) building for a tavern. On August 25, 2010, the Zoning Board of Adjustment granted another Conditional Use Permit for a business selling wine, liquor, and/or beer to allow expansion of the existing tavern use to include an 85-foot by 45-foot (3,825 square feet) area atop the existing building for an outdoor service area, subject to the following conditions: a) Any rooftop patio shall be subject to amendment of the liquor license obtained

through the Office of the City Clerk as approved by the City Council. b) Any rooftop patio shall include an entrance from East 6th Street that allows

patrons to access the rooftop patio without having to pass through the business on the ground floor of the building.

c) All outdoor lighting on any rooftop patio shall be directed downward with the light source not directly visible from the surrounding properties.



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d) Live outdoor music on any rooftop patio shall be limited to non-amplified performances.

e) Any outdoor sound or music on any rooftop patio shall be limited to levels that would be considered background auditory in nature.

f) The business shall comply with Article IV of Chapter 42 of this Code pertaining to noise control.

g) Litter and trash receptacles shall be located at convenient locations inside and outside the premises, and operators of such business shall remove all trash and debris from the premises and adjoining public areas on a daily basis.

h) Any renovation of the structure shall comply with all applicable Building Codes with all necessary permits issued by the Permit and Development Center.

i) The Conditional Use Permit shall be subject to amendment or revocation if the Zoning Enforcement Officer determines that the operation of the business becomes a nuisance or exhibits a pattern of violating the conditions set forth in the conditional use permit.

9. 2020 Community Character Land Use Plan Designation: Downtown Retail/Office

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

located within the D-R downtown riverfront district or C-3B central business mixed-use district, the plan and zoning commission shall apply the design regulations in section 82-213 of this article and the design guidelines in this section. The decision to approve, approve subject to conditions or disapprove a proposed Site Plan shall be based upon the conformance of the Site Plan with such design regulations and the following guidelines. These guidelines shall be applied to the entire site when a new building is constructed or an existing building is expanded by more than 50 percent of its gross floor area as of the time it became part of the D-R downtown riverfront district or C-3B central business mixed-use district. If a building is expanded by less than 50 percent of its gross floor area as of the time it became part of the D-R downtown riverfront district or C-3B central business mixed-use district, then these guidelines shall apply only to the expansion of the building.

1) Building Heights. Minimum height for all uses that are not built integral to the levee as part of the riverwalk redevelopment, should be the lesser of 36-feet or 3-stories. The proposed second-story addition would have a height of 28.8 feet. Staff believes the addition is appropriate given the size and scale of the existing 16-foot tall building and the size and scale of the buildings in the immediate vicinity.

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



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20' width that clearly delineates a public right-of-way between new private development and the riverfront park. N/A

3) Lighting: All new exterior lighting upon private property should be pedestrian in scale. The use of private overhead floodlighting is discouraged. The submitted site must include a note to state that all outdoor lighting on any rooftop patio shall be directed downward with the light source not directly visible from the surrounding properties.

4) Residential building standards: New residential buildings should also comply with the following guidelines:

a. Building front entrances should face public rights-of-ways. Those buildings with river frontage should be oriented towards the riverfront (except when located above street level retail).

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

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

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

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

N/A

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

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

foot of the front lot line. The existing building is built to the front property lines adjoining East Grand Avenue and East 6th Street. The proposed addition is within the footprint of the existing building. 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 Site Plan does not propose to relocate the existing entrance at the northeast corner of the building, which is oriented toward the intersection of East Grand Avenue and East 6th Street.



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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.

The proposed service entrance would be located at the rear of the building. 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. N/A

7) All open areas not used for off-street loading or parking should be landscaped in accordance with the Des Moines Landscape Standards. (See Site Plan Landscape Policies) The submitted Site Plan indicates that two existing street trees along East 6th Street would remain within 4-foot by 4-foot planter beds and a new tree would be added along East Grand Avenue within an existing 4-foot by 4-foot planter bed. The applicant indicates a second street tree along East Grand Avenue is not possible due to underground utility vaults.

8) Access doors for any warehouse use and any loading docks should not front on any public street. That portion of a building fronting on a public street should be used in an office or other commercial use. N/A

II. ADDITIONAL APPLICABLE INFORMATION 1. Signage: Any signage must be in accordance with the sign regulations applicable to

the “C-3B” District regulations unless the Zoning Board of Adjustment grants waiver of such. The “C-3B” District sign regulations allow two signs on each building frontage with total sign area per frontage limited to 1.5 square feet per lineal feet of frontage not to exceed 100 square feet. Therefore, the 44-foot east frontage along East 6th Street earns 66 square feet of signage and the 85-foot frontage along East Grand Avenue earns 100 square feet of signage. The submitted elevations demonstrate signage in excess of these earnings and would require approval by the



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Zoning Board of Adjustment. The proposed addition would be constructed up to the south side property line and would directly adjoin the adjacent 2-story building. The proposed addition would cover a sign for “Eden” mounted on the north façade of that building.

2. Access or Parking: Off-street parking is not required in the “C-3B” District. The

proposed Site Plan does not include any vehicle drives or off-street parking.

3. Landscaping: The submitted Site Plan indicates that two existing street trees along East 6th Street would remain within 4-foot by 4-foot planter beds and a new tree would be added along East Grand Avenue within an existing 4-foot by 4-foot planter bed. The applicant indicates an additional street tree along East Grand Avenue is not possible due to underground utility vaults.

4. Urban Design: The elevations indicate that the addition would be sided with stucco

siding except for the west façade facing the adjoining alley would be sided with vinyl. Staff recommends that this façade also be sided with vinyl given its visibility from East Grand Avenue. The parapet wall surrounding the rooftop patio would be constructed with stucco and glass blocks. The Site Plan does not identify the stucco color on the addition. Staff recommends that any stucco should be painted an earth tone. The Site Plan does not include a detail for the overhead doors that would be used to close off the kitchen area during non-business hours. Staff recommends that any overhead doors used shall be in accordance with a design as approved by the City‟s Planning Administrator.


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

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

2. Provision of note stating any outdoor lighting on any rooftop patio shall be directed downward with the light source not directly visible from the surrounding properties.

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

4. Replacement of the vinyl siding on the west façade of the addition with stucco or brick that matches the rest of the building.

5. Any stucco shall be of a neutral earth tone color.



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6. Any sliding or overhead doors used to close off the rooftop kitchen area during non-business hours shall be in accordance with a design as approved by the City‟s Planning Administrator.

7. Any outdoor rooftop patio shall be operated in conformance with the following conditions of approval for the Conditional Use Permit granted by the Zoning Board of Adjustment on August 25, 2010: a) Any rooftop patio shall be subject to amendment of the liquor license obtained

through the Office of the City Clerk as approved by the City Council. b) Any rooftop patio shall include an entrance from East 6th Street that allows


c) All outdoor lighting on any rooftop patio shall be directed downward with the light source not directly visible from the surrounding properties.

d) Live outdoor music on any rooftop patio shall be limited to non-amplified performances.

e) Any outdoor sound or music on any rooftop patio shall be limited to levels that would be considered background auditory in nature.

f) The business shall comply with Article IV of Chapter 42 of this Code pertaining to noise control.

g) Litter and trash receptacles shall be located at convenient locations inside and outside the premises, and operators of such business shall remove all trash and debris from the premises and adjoining public areas on a daily basis.

h) Any renovation of the structure shall comply with all applicable Building Codes with all necessary permits issued by the Permit and Development Center.

SUMMARY OF DISCUSSION Erik Lundy presented the staff report and recommendation. Nancy Wilson 2515 Druid Hill Drive stated that they are in agreement with most of the staff recommendation. However, they need some clarification. Staff recommendation #5 that states any stucco shall be of a neutral earth tone color. She showed what was submitted to the City to find out if it is still okay (it is). They are proposing to use coil doors that would work with their height restrictions versus the overhead doors (use is ok). The vinyl siding on the small corner of the addition along the alley is strictly a cost issue; the additional stucco is cost prohibitive. She pointed out that there is only a very small area that you can see the vinyl siding. JoAnne Corigliano asked if the front side of the building going to be stucco and just that small part in the back would be vinyl. Nancy Wilson stated that is correct. CHAIRPERSON OPENED THE PUBLIC HEARING There was no one to speak in favor or in opposition



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CHAIRPERSON CLOSED THE PUBLIC HEARING JoAnne Corigliano stated she is happy to see this project and this is a real good business. COMMISSION ACTION: Greg Jones moved to approve the submitted Site Plan under Design Guidelines for the “C-3B” District subject to the following:

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

2. Provision of note stating any outdoor lighting on any rooftop patio shall be

directed downward with the light source not directly visible from the surrounding properties.

3. Any signage shall be in accordance with the sign regulations applicable to the “C-

3B” District regulations unless the Zoning Board of Adjustment grants relief of these regulations.

Replacement of the vinyl siding on the west façade of the addition with stucco or brick that matches the rest of the building.

4. Any stucco shall be of a neutral earth tone color.

5. Any sliding or overhead doors used to close off the rooftop kitchen area during

non-business hours shall be in accordance with a design as approved by the City‟s Planning Administrator.

6. Any outdoor rooftop patio shall be operated in conformance with the following

conditions of approval for the Conditional Use Permit granted by the Zoning Board of Adjustment on August 25, 2010: i) Any rooftop patio shall be subject to amendment of the liquor license obtained

through the Office of the City Clerk as approved by the City Council. j) Any rooftop patio shall include an entrance from East 6th Street that allows


k) All outdoor lighting on any rooftop patio shall be directed downward with the light source not directly visible from the surrounding properties.

l) Live outdoor music on any rooftop patio shall be limited to non-amplified performances.

m) Any outdoor sound or music on any rooftop patio shall be limited to levels that would be considered background auditory in nature.

n) The business shall comply with Article IV of Chapter 42 of this Code pertaining to noise control.



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o) Litter and trash receptacles shall be located at convenient locations inside and outside the premises, and operators of such business shall remove all trash and debris from the premises and adjoining public areas on a daily basis.

p) Any renovation of the structure shall comply with all applicable Building Codes with all necessary permits issued by the Permit and Development Center.

THE VOTE: 9-0-1 (Will Page abstained)

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Other Director Report

R&O will meet Wednesday, July 27, 2011

There will be no PZ Executive meeting with the manager July 22, 2011. The next scheduled Executive meeting will be August 19, 2011.

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Meeting adjourned at 8:35 p.m.

Documents

PRESENT: JoAnne Corigliano, Shirley Daniels, Dann Flaherty ... · Plan and Zoning Commission Minutes of Meeting Des Moines, Iowa July 21, 2011 Page 1 PRESENT: JoAnne Corigliano, Shirley