Des Moines, Iowa February 2, 2012 Page 1

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1 Page 1 PRESENT: JoAnne Corigliano, Shirley Daniels, Jacqueline Easley, Tim Fitzgerald, Dann Flaherty, John Jack Hilmes, Joel Huston, Greg Jones, Will Page, Christine Pardee, and Mike Simonson ABSENT: Ted Irvine and CJ Stephens STAFF PRESENT: Mike Ludwig, Jason Van Essen, Mike Kelley, and Bert Drost JoAnne Corigliano made a motion to approve the minutes of January 19, 2012 Plan & Zoning Commission meeting. Motion carried (Joel Huston and Christine Pardee abstained because they were not in attendance at the January 19, 2012 meeting.) Tim Fitzgerald asked that Item #2 be pulled from the consent agenda and considered with the public hearing items. John Jack Hilmes moved consent agenda Item 1. Motion carried CONSENT AGENDA Item #1 Request from Available Material Handling, LLC (owner) 607 Southeast 27 th Court, represented by Anthony Holt (officer) for vacation of the following public street segments to assemble with adjoining property for site development: ( ) A) Shaw Street from the Norfolk Southern Railroad to the north/south alley. B) Southeast 21 st Court from Scott Avenue to the Norfolk Southern Railroad. STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION 1. Purpose of Request: The applicant is seeking to assemble land to allow the Site to be developed for outdoor storage of contractor equipment. The applicant purchased the property in December of 2010 with an order by the Iowa DNR to clean up debris and dumping that had occurred under previous ownership. Since that time the applicant has worked to legally dispose of the material. 2. Size of Site: Approximately 13,900 square feet. 3. Existing Zoning (site): M-1 Light Industrial District. 4. Existing Land Use (site): Vacant undeveloped land.

2 Page 2 5. Adjacent Land Use and Zoning: North M-1, Uses are vacant land, the Norfolk Southern Railroad and the Union Pacific Railroad. South M-1, Uses are vacant land, the Norfolk Southern Railroad and the Union Pacific Railroad. East M-1, Uses are vacant land and the Norfolk Southern Railroad. West M-2 ; Use is the Kemin Industries campus and the Union Pacific Railroad. 6. General Neighborhood/Area Land Uses: The subject right-of-way is within the southeast industrial complex of Des Moines. 7. Applicable Recognized Neighborhood(s): None. 8. Relevant Zoning History: The property is currently subject to a Zoning code enforcement case for conducting activity as a contractor s storage yard without meeting site development requirements under the Site Plan Ordinance. This request is a first step to bring the Site into conformance. Staff recommends that any conveyance of the right-of-way for lease or for sale be subject to conformance with zoning enforcement Community Character Land Use Plan Designation: General Industrial. 10. Applicable Regulations: The Commission reviews all proposals to vacate land dedicated for a specific public purpose, such as for streets and parks, to determine whether the land is still needed for such purpose or may be released (vacated) for other use. The recommendation of the Commission is forwarded to the City Council. II. ADDITIONAL APPLICABLE INFORMATION 1. Utilities: At this time no public utilities have been identified within the requested rights-of way. Easements must be provided for any existing public utilities as part of any conveyance. 2. Street System/ Access: Both segments of right-of-way are undeveloped and are not determined by Traffic Engineering to be essential to the current or proposed circulation of traffic on the surrounding public street system. The site proposed to be assembled with the requested right-of-way will continue to have access from Scott Avenue, an improved public street abutting to the north. Scott Avenue will dead end west of the Union Pacific Railroad. That portion of Scott Avenue west of the proposed turnaround is proposed for vacation and conveyance to Kemin Industries. 3. Development Requirements: Any future development of the right-of-way onto the requested right-of-way must be in compliance with a Site Plan approved by the City s Permit & Development Center. This includes such standards as paved access and maneuvering; dustless surfaces and street setbacks for storage areas; and landscaping requirements.

3 Page 3 III. STAFF RECOMMENDATION TO THE PLAN AND ZONING COMMISSION AND BASIS FOR APPROVAL Staff recommends approval of the requested vacation subject to the following conditions: 1. Provision of necessary easements for any existing utilities that are in place. 2. Any conveyance of the property be made subject to conformance with an approved Site Plan for the existing non-conforming contractor s storage yard use on adjoining property to the east and north, to include conformance with current Site Plan and landscaping requirements. 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: John Jack Hilmes moved staff recommendation to approve the requested vacation subject to the following conditions: 1. Provision of necessary easements for any existing utilities that are in place. 2. Any conveyance of the property be made subject to conformance with an approved Site Plan for the existing non-conforming contractor s storage yard use on adjoining property to the east and north, to include conformance with current Site Plan and landscaping requirements. THE VOTE: 10-0 ***************************** *********************************************************************************************** Jacqueline Easley joined the meeting PUBLIC HEARING ITEMS Item #2 Request from St. Anthony s Roman Catholic Church (owner) 1808 Southwest 1 st Street, represented by Msgr. Frank Chiodo (officer) for vacation of the west eight (8) feet of Southwest 1 st Street adjoining the subject property 112 feet north of Edison Avenue to allow for extension of community gardening. ( )

4 Page 4 STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION 1. Purpose of Request: The requested vacation would allow a segment of undeveloped Southwest 1 st Street right-of-way to be assembled with parcels adjacent to the west. The resulting property would allow for the extension of a church community garden. 2. Size of Site: 8 feet by 112 feet (896 square feet). 3. Existing Zoning (site): R-3 Multiple Family Residential District and GGP Gambling Games Prohibition Overlay District. 4. Existing Land Use (site): Undeveloped Southwest 1 st Street right-of-way. 5. Adjacent Land Use and Zoning: North R-3, Use is a single-family residential. South R-3, Uses are vacant land and Edison Avenue right-of-way. East R-3, Uses are single-family residential. West R-3, Uses are vacant land and St. Anthony s Grotto. 6. General Neighborhood/Area Land Uses: The subject undeveloped street right-ofway is located to the west of Indianola Avenue and north of Edison Avenue at the northern edge of St. Anthony s Catholic Church Campus. 7. Applicable Recognized Neighborhood(s): McKinley School/Columbus Park Neighborhood. 8. Relevant Zoning History: N/A Community Character Land Use Plan Designation: Medium-Density Residential. 10. Applicable Regulations: The Commission reviews all proposals to vacate land dedicated for a specific public purpose, such as for streets and parks, to determine whether the land is still needed for such purpose or may be released (vacated) for other use. The recommendation of the Commission is forwarded to the City Council. II. ADDITIONAL APPLICABLE INFORMATION 1. Utilities: Easements must be provided for any existing utilities until such time that they are relocated. No existing utilities have been identified at this time.

5 Page 5 2. Traffic/Street System: The requested vacation of undeveloped street right-of-way would not adversely impact the surrounding street network. 3. Future Development: The importance of the site warrants additional review of any future development on the requested undeveloped street right-of-way. On January 5, 2009, the City Council approved the 2 Rivers District Plan. The 2 Rivers District study area covers approximately 135-acres of mixed public and private land. The executive summary section of the 2 Rivers District Plan provides the following synopsis of the plan s overall vision. The 2 Rivers District Land Use and Redevelopment Plan proposes a long-range vision that protects the assets of the area while creating new opportunity for redevelopment. The Plan is organized around three main sub-areas: Riverview, Cityview and Confluence Park. Inter-related streets, streetscapes, trails and open space form the underlying structure of the 2 Rivers District and weave together the sub-areas. For instance, the Cityview area is envisioned as a high-density, mixed-use neighborhood offering river-view and city-view residences with retail uses including restaurants and shopping. The Riverview area is envisioned to have medium density multifamily housing along the river edge and single/multifamily housing adjacent to St. Anthony s Church. The streets, open spaces and trails in both of these neighborhoods offer physical and viewable connections to the River. Lastly, the 2 Rivers District is designed with a balance of maintaining the current neighborhood charm and the required densities to drive future infrastructure improvements. The 2 Rivers District Plan preserves and celebrates this neighborhoods position as the next emerging mixed use district in Des Moines and Iowa. The area currently consists of a mix of light industrial, auto-oriented commercial and residential classifications that do not match up with the vision of an urban mixed-use area containing a mix of pedestrian friendly commercial and residential uses. Staff recommends that until specific development plans are proposed for the area the undeveloped street right-of-way should be leased to the applicant. If it is determined the undeveloped street right-of-way is not needed for the 2 Rivers District, the City could then consider selling it to the applicant. III. STAFF RECOMMENDATION TO THE PLAN AND ZONING COMMISSION AND BASIS FOR APPROVAL Staff recommends approval for vacation of the requested undeveloped Southwest 1 st Street rights-of-way subject to the following conditions: 1. Reservation of easements for all utilities in place until such time that they are abandoned or relocated at the applicant s expense. 2. The requested right-of-way should be leased to the applicant until the development plan for the 2 Rivers District is completed. If it is determined the right-of-way is not needed for the 2 Rivers District, the City could then consider selling it to the applicant.

6 Page 6 SUMMARY OF DISCUSSION Jason Van Essen presented staff report and recommendation. Mark Harris, business manager for St. Anthony s Church stated that he understands that the garden was inadvertently constructed on the City s right-of-way. Mike Simonson asked if SW 1 st Street is paved. Jason Van Essen clarified that SW 1 st Street is paved but not to an urban cross-section. Tim Fitzgerald suggested that St. Anthony s Church should continue to have dialogue with the neighborhood. CHAIRPERSON OPENED THE PUBLIC HEARING There was no one to speak in favor or in opposition of the applicant s request. CHAIRPERSON CLOSED THE PUBLIC HEARING Mike Simonson asked if SW 1 st Street could be closed altogether. Mike Ludwig stated that the public access must be maintained for now. JoAnne Corigliano stated that she does not believe there is a traffic issue on this street as referenced by one of the letters the Commission received. COMMISSION ACTION: Mike Simonson moved staff recommendation to approve the vacation of the requested undeveloped Southwest 1 st Street rights-of-way subject to the following conditions: 1. Reservation of easements for all utilities in place until such time that they are abandoned or relocated at the applicant s expense. 2. The requested right-of-way should be leased to the applicant until the development plan for the 2 Rivers District is completed. If it is determined the right-of-way is not needed for the 2 Rivers District, the City could then consider selling it to the applicant. THE VOTE: 10-0 ***************************** *****************************

7 Page 7 Item #3 Request from F & J Mobile Homes, Inc. (owner) represented by George Jordan (officer) to rezone property at 7657 U.S. Highway 69: 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 future land use designation from Commercial: Auto-Oriented, Small-Scale Strip Development to General Industrial. ( ) C) Rezone the property from Limited C-2 General Retail and Highway-Oriented Commercial District and R-5 Mobile Home Residential District to a Limited M- 1 Light Industrial District, to allow for outdoor storage of Recreational Vehicles. (ZON ) STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION 1. Purpose of Request: The rezoning would allow use of the property as an outdoor storage yard for the storage of recreational vehicles. Currently the site is only allowed to be used for storage by the residents of the adjoining Hillocks Estates Mobile Home Park. This use is in accordance with a Site Plan ( ) as approved by the City s Permit and Development Center. 2. Size of Site: 3.07 acres. 3. Existing Zoning (site): Limited C-2 General Retail and Highway-Oriented Commercial District, VDL Vehicle Display Lot Overlay District, and R-5 Mobile Home Residential District. 4. Existing Land Use (site): The property currently contains an outdoor storage lot that is to be used for storage only by residents of the adjoining mobile home community. The drive aisle is paved with hot mix asphalt and the storage area is surfaced with recycled asphalt. 5. Adjacent Land Use and Zoning: North R-5, Use is Hillock Estates Mobile Home Park South R1-60, Use is undeveloped land. East - R-5, Use is Hillock Estates Mobile Home Park. West C-1, Use is undeveloped land.

8 Page 8 6. General Neighborhood/Area Land Uses: The subject property is located along Southridge Boulevard between the Highway 5/Highway 65 bypass and the Southridge Mall Regional Commercial Center. 7. Applicable Recognized Neighborhood(s): Easter Lake Area Neighborhood. 8. Relevant Zoning History: On August 11, 2003, the City Council approved Ordinance 14,265 to rezone a portion of the subject property from R-5 Mobile Home Residential District to a Limited C-2 District, with the following conditions: A. The following uses of land and structures shall be prohibited upon the Property: i) Adult entertainment business. ii) Vehicle sales and display, including but not limited to used car sales lot. iii) Off premises advertising signs iv) Taverns and nightclubs. B. Any commercial business operated upon the property shall conform to the limitations on the permitted hours of operation applicable within the "C-1" Neighborhood Retail Commercial District. C. Any portion of the Property devoted to miniwarehouse use shall conform to the following additional limitations: i) The hours of operation shall be limited to between 6:00 a.m. and 10:00 p.m. ii) Storage units facing Highway 69 shall have an exterior of masonry material with a neutral color tone. iii) No storage units shall have doors directly facing Highway 69. iv) The required gating and fencing fronting Highway 69 shall consist of wrought iron or tubular steel construction and shall be painted black or a neutral color tone, with masonry pillars to compliment the storage units. On August 23, 2006, the Zoning Board of Adjustment granted a Special Permit for a temporary gravel-surfaced, off-street parking lot to allow use of an existing recycled asphalt surfaced area for off-street parking for a duration of no longer than eighteen (18) months, subject to the following conditions: A. The parking lot complies with a site plan that is reviewed and approval by the Permit and Development Center in accordance with all City requirements, including those related to landscaping and stormwater runoff. B. The parking lot is used only by tenants residing the Hillock Estates mobile home community. C. The property owner maintains a log of all vehicles and trailers stored within the parking lot, including information regarding the names and addresses of the people whom vehicles and trailers are registered under. D. The minimum required 20 -wide access drive and drive aisles are paved with an asphaltic or Portland cement binder pavement by March 1, 2008 (18 months). E. Compliance with all applicable city codes and issuance of all necessary permits by the Permit and Development Center. On September 26, 2007, the Zoning Board of Adjustment amended that Special Permit and granted a Variance of 24 months over the maximum allowed 18 months for a Special Permit for unpaved parking to allow a 24-month extension

9 Page 9 of use of an existing area recycled asphalt area for off-street parking accessed by a gravel-surfaced driveway, subject to the following conditions: A. The site is monitored by City staff every 6 months to identify and determine areas of the site which are suitable for paving. B. Areas determined to be suitable for paving shall be paved within a reasonable time frame. C. The entire area shall be paved by March 31, Community Character Land Use Plan Designation: Commercial: Auto- Oriented, Small-Scale Strip Development. 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 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 Community Character Plan: The proposed rezoning to the M-1 Light Industrial District is not compatible with the 2020 Community Character Plan s future land use designation of Commercial: Auto-Oriented Small-Scale Strip Development. Staff does not believe that the General industrial designation to allow an outdoor storage lot is appropriate at this site given it s highly visible location along Southridge Boulevard, which functions as a gateway to the City of Des Moines. It is anticipated that any future update to the City s Land Use Plan would designate this corridor as a gateway corridor. Staff believes that industrial uses, such as surface storage lots, should be focused in areas away from this significant corridor. Given the change in grade between the site and Southridge Boulevard, screening the site with landscaping or fencing material would do little to minimize the visual impact of the storage lot. Furthermore, the impact of the existing storage area would be increased if the site were rezoned and permitted to be used by people other than residents of the mobile home park. 2. Site Plan Requirements: The site is currently developed in accordance with a Site Plan ( ) for a storage lot and limited to use by residents of the adjacent Hillock Estates Mobile Home Park only. The approved Site Plan includes a single drive aisle through site with storage on both sides. The drive aisle is paved with hot mix asphalt and the storage area is surfaced with recycled asphalt. Any storage use on the site must be in compliance with this Site Plan or in compliance with an amended Site Plan as reviewed and approved by the City s Permit and Development Center. 3. 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 and Development Center. All grading is subject to an approved grading permit and soil erosion control plan.

10 Page Enforcement Comments: There is a history of zoning violations since 2006 on the subject property. This includes the current violation that the storage lot is being used to store recreational vehicles owned by non-residents of the adjoining Hillock Estates Mobile Home Park. III. STAFF RECOMMENDATION TO THE PLAN AND ZONING COMMISSION AND BASIS FOR APPROVAL Part A) Staff recommends that the Commission find the requested rezoning not in conformance with the Des Moines 2020 Community Character Plan. Part B) Staff recommends denial of the requested future land use amendment to General Industrial. Part C) Staff recommends denial of the requested rezoning to an M-1 District based on a finding that it is the intent of the Des Moines 2020 Community Character Plan to preserve the highly visible Southridge Boulevard corridor for commercial and residential uses rather than the proposed industrial use. SUMMARY OF DISCUSSION Bert Drost presented staff report and recommendation. Tim Fitzgerald asked how does staff enforces existing limitations on use of the property. Bert Drost stated that there has been a lengthy history in the five years it has been there. There have been numerous actions taken, with clear evidence that the applicant has leased storage space to non-residents of the mobile home park. Mike Ludwig stated that at least one of the violations cited on this property was storage of for sale units. An illegal expansion of a display lot on SE 14 th Street was cited and told to move the illegally displayed units off of that property which ended up showing up on this property at one point. Jim Nervig 6700 Westown Parkway, Suite 100 West Des Moines stated that this request for conditional zoning that would allow leasing storage to non-residents. At the neighborhood meeting on January 23, 2012 all in attendance were supportive. The applicant has no desire for any industrial use. They just want to allow non-resident storage. George Jordan 6901 Bloomfield Road presented aerial photos showing how the site is laid out. He explained the asphalt driveway and how the recreational vehicles are arranged. He is just trying to help people by having a safe place to store their vehicles. It is strictly for storage. No sales would occur on site. Jim Nervig noted the unusual shape of this site. He stated that the use would not generate traffic or dust that would impact the neighborhood.

11 Page 11 CHAIRPERSON OPENED THE PUBLIC HEARING The following spoke in favor of the applicant s request Jim Bollard 407 SW 26 th Street, president of Easter Lake Area Neighborhood suggests limiting the number of vehicles, require all vehicles to be licensed and limit the use to only storage lot. He pointed out that the zoning goes with the land and while this owner is good, the future owners may not be. There was no one to speak in opposition of the applicant s request CHAIRPERSON CLOSED THE PUBLIC HEARING John Jack Hilmes asked what would a Limited M-1 use encompass aside from parking motor homes, recreational vehicles and boats. Mike Ludwig stated if staff had recommended approval of this they would have probably included screening and landscaping around the perimeter. The site is challenged because of the grade of Southridge Blvd is higher than the site. Therefore, he is not certain how much would be screened by landscaping but would definitely want to look at that or some type of opaque fencing. If the is supportive of approving the request the applicant should be asked if they would entertain a continuance to the next meeting to allow staff time to work on conditions that might address those concerns. At this point staff has recommended keeping it at a limited nature by not allowing commercial storage. Mike Simonson stated that he would rather put the limitations on this request than for it to go to the Zoning Board of Adjustment. Jacqueline Easley noted the staff report identifies the long history of zoning enforcement. Therefore, if further limitations are put on this site, what guarantees would we have that they will comply? John Jack Hilmes asked if the applicant would agree to a continuance. Jim Nervig stated yes they would agree to a continuance. Christine Pardee asked staff about the zoning enforcement. Mike Simonson stated that he would support the motion to continue but expects significant conditions to screen the use from the highway. COMMISSION ACTION: John Jack Hilmes moved to continue this matter to March 1, THE VOTE: 7-4 (Tim Fitzgerald, Dann Flaherty, Jacqueline Easley, and Will Page voted in opposition). *****************************

12 Page 12 Item #4 ***************************** Request from Thomas Yaw (purchaser) to rezone property at 931 Southeast 21 st Street. The subject property is owned by the Des Moines Metro Wastewater Reclamation Authority (WRA): A) Determination as to whether the proposed rezoning is in conformance with the Des Moines 2020 Community Character Plan. B) Rezone the property from M-1 Light Industrial District to M-2 Heavy Industrial District, to allow for expansion of the adjoining salvage yard. (ZON ) STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION 1. Purpose of Request: The applicant is seeking to have the property rezoned to allow for the property to be developed for a salvage yard expansion. The applicant proposes to take title to the property from the Wastewater Reclamation Authority in exchange for property needed for a public sanitary sewer project New Main Outfall, Phase 17, segments 3 and 4. The terms of the exchange are subject to receiving the necessary Zoning and Conditional Use Permit approval from the City of Des Moines. The permanent easement proposed for the sewer improvements would restrict development over it by the applicant on portions of the existing adjoining salvage yard. 2. Size of Site: 1.63 acres. 3. Existing Zoning (site): M-1 Light Industrial District. 4. Existing Land Use (site): Vacant undeveloped land. 5. Adjacent Land Use and Zoning: North M-2, Uses are Southeast 21 st Street right-of-way and a recycling operation. South M-1, Uses are a levee system and City owned floodway. East M-2, Use is a vehicle salvage yard. West M-1, Use is vacant City owned land. 6. General Neighborhood/Area Land Uses: The subject property is within a primarily industrial developed area southeast of Downtown and east of the Southeast 14 th Street major commercial corridor. 7. Applicable Recognized Neighborhood(s): N/A.

13 Page Relevant Zoning History: Enforcement action was initiated on June 28, 2008, citing that the applicant was storing vehicles on the subject property. The most recent reinspection was in February 2011 with vehicle still being kept on the subject property. The case remains open pending legal action Community Character Land Use Plan Designation: General Industrial. 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 of the Iowa Code. The Commission may recommend that certain conditions be applied to the subject property if the property owner agrees in writing, prior to the City Council Hearing. The recommendation of the Commission will be forwarded to the City Council. II. ADDITIONAL APPLICABLE INFORMATION 1. Natural Features: The site does not have any significant natural features and has been completely disturbed over time. 2. Drainage/Grading: Any future development of the subject property will require a storm water management plan and a soil erosion protection and grading plan as part of the Site Plan review. At the present time the site is a collection point for drainage and run-off from the west. 3. Landscaping & Buffering: Any expansion of a salvage yard is subject to a Site Plan following Conditional Use Permit approval by the Zoning Board of Adjustment. Landscaping and tree plantings will be required in accordance with the Des Moines Landscape Standards as applicable to M-2 Districts Community Character Plan: The proposed future development for a salvage yard would be consistent with the General Industrial designation in the Community Character Plan. Any use of land developed that would not be permitted in the existing M-1 District, such as a salvage yard, will require a Conditional Use permit from the Board of Adjustment under criteria set forth in the Zoning Ordinance under Section (5). Staff believes there are many aspects of the adjoining salvage yard, to which this property would be assembled, that would be considered non-conforming with respect to these criteria. This includes such requirements as paved maneuvering aisles, dustless storage surfaces as a best practical control technology, and landscaping requirements. Under Sec (a) and Sec (a) a nonconforming use of land in an M-2 District may not be expanded unless is brought into conformance. Therefore staff recommends that the requested extension of the M-2 District be made subject to the applicant conforming to these criteria on their existing adjoining Site as well.

14 Page 14 III. STAFF RECOMMENDATION TO THE PLAN AND ZONING COMMISSION AND BASIS FOR APPROVAL Part A) Staff recommends that the requested rezoning be found in conformance with the Des Moines 2020 Community Character Plan future land use designation. Part B) Staff recommends approval of the rezoning to the M-2 Heavy Industrial District subject to the applicant agreeing to the following upon taking ownership of the property: 1. Any separate use or development of the subject property for a use requiring the M- 2 District zoning shall meet all requirements under Section (5). 2. Any use or development of the subject property as an expansion of an existing nonconforming use on adjoining property requiring the M-2 District zoning, shall require that the property and the adjoining property devoted to the same use be brought into conformance with the M-2 District standards, including current Site Plan and landscaping requirements. SUMMARY OF DISCUSSION Jason Van Essen presented staff report and recommendation. Rick Olson 2635 Hubbell, attorney stated that the applicant is in agreement with staff recommendation. Thomas Yaw 2025 SE 5 th Street stated all he wants to do is move the fence out and expand the yard. He has no problem with putting concrete drive for the new property but not the entire property because it would add more to stormwater runoff. Mike Ludwig clarified that staff recommendation is that the entire property must have paved drive aisles and comply with current Zoning Standards. Rick Olson stated that would be cost prohibitive. Jason Van Essen explained that this is a legal non-conforming use and in order to expand it the entire site would need to conform to current standards or the Zoning Board of Adjustment would have to grant a variance. CHAIRPERSON OPENED THE PUBLIC HEARING The following spoke in favor of the applicant s request Tony Holt 2222 E. 31 st Street stated that these types of industries are needed and there is a limited amount of M-2 in Des Moines, it is a needed resource and needs to be supported.

15 Page 15 CHAIRPERSON CLOSED THE PUBLIC HEARING John Jack Hilmes stated that he thinks the staff recommendation is very expensive. Dann Flaherty stated that we have places to store cars with heavy metals. Heavy metals then go into our waterways. Those waterways support people. Flooding will spread pollutions. He will never support M-2 zoning near a waterway, even though Mr. Yaw is a fine businessman. John Jack Hilmes asked what happens if they bring the whole site into compliance. Dose that increase flooding risks? Dann Flaherty stated more paving would increase runoff from the site. Mike Ludwig stated the site development would require a stormwater management plan if rezoning is approved. John Jack Hilmes pointed out the levy to the south of the site. Will Page stated the WRA needs the deal to go through. Can the property owner be compensated by WRA for the easement in another manner? Jason Van Essen stated that he would guess that they would negotiate more of a cash deal for the easement and the land would not become part of the process. Tim Fitzgerald stated that he believes that Mr. Yaw runs one of the best, organized yards. John Jack Hilmes stated that the auto salvage is a massive recycling program which is highly in favor in our community and elsewhere. COMMISSION ACTION: Mike Simonson moved staff recommendation to approve Part A) the requested rezoning be found in conformance with the Des Moines 2020 Community Character Plan future land use designation. THE VOTE: 11-0 Mike Simonson moved staff recommendation to approve Part B) the rezoning to the M- 2 Heavy Industrial District subject to the applicant agreeing to the following upon taking ownership of the property: 1. Any separate use or development of the subject property for a use requiring the M- 2 District zoning shall meet all requirements under Section (5).

16 Page Any use or development of the subject property as an expansion of an existing nonconforming use on adjoining property requiring the M-2 District zoning, shall require that the property and the adjoining property devoted to the same use be brought into conformance with the M-2 District standards, including current Site Plan and landscaping requirements. THE VOTE: 9-2 (Will Page and Dann Flaherty voted in opposition) Item #5 ***************************** ***************************** Request from Newbury Management Company (purchaser) represented by Frank Levy (officer) for review and approval of a Site Plan under design guidelines in NPC Districts and for multiple-family residential design guidelines on property located at 2714 Ingersoll Avenue, to allow the existing three-story building to be renovated for 22 multiple-family residential units. The subject property is owned by West Bank. ( ) STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION 1. Purpose of Request: The applicant is proposing to renovate the existing three-story multiple-family building and make related site improvements. The building has been vacant for an extended period of time and has lost its legal non-conforming rights to lot area per unit that is less than the current requirement. 2. Size of Site: 88 feet by 231 feet (20,328 square feet). 3. Existing Zoning (site): NPC Neighborhood Pedestrian Commercial District. 4. Existing Land Use (site): Vacant multiple-family building and paved off-street parking. 5. Adjacent Land Use and Zoning: North NPC, Uses consist of retail, restaurant and office. South C-2, Uses consist of restaurant, office and fuel sales. East NPC, Uses consist of retail. West NPC, Uses consist of retail and restaurant. 6. General Neighborhood/Area Land Uses: The subject property is located along the Ingersoll Avenue Commercial Corridor east of near the 28 th Street intersection.

17 Page Applicable Recognized Neighborhood(s): Woodland Heights Organization. 8. Relevant Zoning History: None Community Character Land Use Plan Designation: Commercial: Pedestrian-Oriented Commercial Corridor. 10. Applicable Regulations: In acting upon any site plan application for property located within an NPC Neighborhood Pedestrian Commercial District, the plan and zoning commission shall apply the design standards in section of this article (the standards for all site plans) and the design guidelines in this section. They were developed for the purpose of preserving the community character of the commercial corridor within the district. The design guidelines express the predominant character giving features along the commercial corridor. The commission may approve a site plan that does not comply with the design guidelines if it finds the overall development is in harmony with the commercial corridor, that the failure to comply with the design guidelines does not negatively impact the character of surrounding properties, and that the failure to comply with the design guidelines is due to the following: A) An unusual lot shape, size, topography or double frontage. A lot over one acre in size shall always be considered to be of unusual size; B) A need to facilitate a smooth transition between existing developments in the vicinity; C) A need to accommodate existing development; D) A need to preserve an existing building; or E) A use with unique design requirements. II. ADDITIONAL APPLICABLE INFORMATION 1. Drainage/Grading: Any grading of the property would be subject to an approved grading permit and soil erosion control plan. The applicant would be required to demonstrate compliance with the City s Stormwater Management requirements to the satisfaction of the City s Permit and Development Center. 2. Landscaping & Buffering: Based on the C-1 requirements imposed by the multiple-family design guidelines, the site is subject to providing open space landscaping. Parking lot perimeter and buffering plantings are not required as the parking lot does not front a street and adjoins commercial properties. Based on the 20,328 square foot site, this would require a minimum of two (2) overstory trees, two (2) evergreen trees, and two (2) shrubs to meet the open space requirements. Along Ingersoll Avenue, developers are responsible for installing sidewalks and street trees that conform with the adopted Ingersoll Avenue Streetscape design. The submitted site plan shows a scored class A sidewalk with two planter beds and four street trees. Staff believes the size of the beds and tree species noted need to be modified in order for the improvements to comply with the Ingersoll Streetscape design. Staff recommends any approval of a Site Plan be subject to the review and approval of the final sidewalk and street tree improvements by City staff.

18 Page 18 The applicant is proposing a masonry refuse collection container enclosure with opaque metal gates. The enclosure would be located in the southeast corner of the parking lot along the rear property line. 3. Access or Parking: NPC design guidelines provide that minimum required number of off-street parking spaces are only to be 60% of the normal requirement with credit given for available on-street parking stalls on the street side adjoining the subject property. The remaining off-street parking standards contained in the Zoning Ordinance are also a design guideline referenced as part of the Site Plan review process. The proposed development includes 22 units, which requires 20 parking spaces after applying the 60% calculation. The proposed parking includes 21 off-street and at least two (2) on-street parking spaces abutting for a total of 23 spaces. The parking lot is located to the south rear of the building and is accessed by a shared driveway to the east of the building and a driveway to the west of the building. The eastern drive is feet wide of which, 6.25 feet is located on the property to the east. The western drive is 8.83 feet wide. The standard requirements for drive aisle widths are 10 feet for one-way traffic and 20 feet for two-way traffic. These standards are design guidelines in the NPC District and can be waived by the Plan and Zoning Commission if failure to comply is due to the following: An unusual lot shape, size, topography or double frontage. A lot over one acre in size shall always be considered to be of unusual size; A need to facilitate a smooth transition between existing developments in the vicinity; A need to accommodate existing development; A need to preserve an existing building; or A use with unique design requirements. 4. NPC Design Guidelines: These additional design guidelines are applicable to any development within an NPC district. A) Buildings should frame the street and maintain a minimal setback from the street. The existing building is set back feet from the front property line. B) The front facade of the first floor of the building on the primary commercial street should have a ratio of at least 40 percent window and window display area to total street facade. No modifications are proposed to the existing window opening pattern. C) The front entrance should be oriented to the street. On a corner lot, the building should have a well-defined entrance on the primary commercial street. The principal front entrance to the building faces Ingersoll Avenue.

19 Page 19 D) Materials should be brick, stone, tile, stucco, or horizontal wood clapboard with a maximum width of six inches. Two-story buildings are encouraged. The existing building meets this guideline. E) Commercial buildings with over 50 feet of building frontage should have the appearance of being broken into separate bays of between 20 to 35 lineal feet using structural elements, fenestration patterns, protruding or recessed bays, or architectural details. N/A. F) Building frontage should occupy at least 50 percent of the primary street frontage. The existing building occupies 81.8% of the Ingersoll Avenue frontage. G) The following bulk regulations should be observed: 1. Minimum lot area multiple dwelling, 10,000 square feet. The lot area is 20,328 square feet. 2. Minimum lot area per dwelling unit multiple dwellings, 2,000 square feet. The lot area per dwelling unit is proposed at 924 square feet per unit. The Commission would have to waive this guideline for approval. 3. Front yard: minimum of zero feet. The existing building is set back feet from the front property line. 4. Side yards: minimum of zero feet. The existing building is set back 5.08 feet from the east side property line and 8.83 feet from the west side property line. 5. Rear yard: None required, except when adjoining any R or C-0 district or portion of a PUD designated for residential use, in which case ten feet. The adjoining property is zoned C-2 District. 6. Height: minimum of 15 feet, maximum of 45 feet. The existing building is approximately 42 feet tall. 7. Number of stories: Residential uses, a maximum of four stories. All other permitted uses, a maximum of two stories.

20 Page 20 The existing building is four-stories tall. H) Signs, which are attached or projecting from the building and designed for the character of the building, are preferred. Monument signs are allowed. The site plan does not identify any signage. 5. Design Guidelines for Multiple-Family Residential: The Plan and Zoning Commission reviews and approves site plans for multiple family dwellings, boarding houses or rooming-houses in accordance with the design standards in section of the City Code. The decision to approve, approve subject to conditions, or disapprove a proposed site plan shall be based upon the conformance of the site plan with the following design standards. A. Architectural character. New developments and alterations to existing development in or adjacent to existing developed areas shall be compatible with the existing architectural character of such areas by using a compatible design. Compatibility may be achieved through techniques such as the repetition of roof lines, the use of similar proportions in building mass and outdoor spaces, similar relationships to the street, similar window and door patterns, and/or the use of building materials that have color shades and textures similar to those existing in the immediate area of the proposed development. Brick and stone masonry shall be considered compatible with wood framing and other materials. Changes to architectural elements of the building are generally limited to the replacement of the windows. The proposed windows would be constructed of vinyl. The submitted drawings indicate the windows would be clay color and that the windows on the front façade would have muntin bars installed in the lower and upper sashes. The existing front façade windows are new replacement windows and have this muntin pattern. Staff believes this is not typical of windows for a building of this style and recommends the muntin bars be limited to the upper sash. Other improvements include the replacement of the front steps and front doors and the repointing of the brick siding as needed. The proposed rear staircase is discussed under guideline F on the next page of this report. 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.

21 Page 21 None of the proposed renovations would alter the building s existing height or massing. 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 existing building is oriented toward Ingersoll Avenue. No modifications are proposed that would alter this orientation. D. Garage access/location. If the prominent character of garage access and/or location is located to the rear of the properties in the surrounding neighborhood, then new construction should be compatible with such character. No garages are proposed. E. Rooftop/second story additions. A rooftop or second floor addition, including but not limited to stairs and emergency egress, should not overhang the front or sidewalls of the existing building. N/A. F. Emergency egress. All stairs and means of emergency egress extending more than 15 feet above grade and visible from the adjoining street should be completely enclosed with materials compatible in color and texture with the balance of the building. The existing rear staircase is in poor condition. The applicant is proposing to replace the existing rear staircase. The new staircase would have steel stairs and railing with synthetic wood (e.g. Trex) decking. The staircase would also include a screen wall along the edge of the step stringers. The screen wall would consist of 2-inch by 6-inch synthetic boards oriented horizontally. A narrow space would be left between the boards to allow for light and air movement. The space would be minimal at the lower level to limit the ability for the wall to be climbed. The staircase is not visible from Ingersoll Avenue and the rear yard is generally screened by buildings on the adjoining properties substantially obscuring views from Grand Avenue and 28 th Street. Open rear staircases are typical of historic apartment buildings. 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 of this report.

22 Page 22 III. STAFF RECOMMENDATION TO THE PLAN AND ZONING COMMISSION AND BASIS FOR APPROVAL Staff recommends approval of the submitted Site Plan with the Commission waiving the NPC design guidelines for drive aisle width and lot area per dwelling unit with a finding that the overall development is in harmony with the commercial corridor and that the development is limited by the size and layout of the existing building and its location of the subject property subject to the following conditions. 1. Compliance with all administrative review requirements of the Permit and Development Center Administrator. 2. Review and approval of the finalized sidewalk and street tree improvements by the Planning Administrator to ensure their conformance with the Ingersoll Avenue Streetscape design. 3. Provision of dark colored windows with the windows on the front façade having muntin bars in the upper sash only. SUMMARY OF DISCUSSION Jason Van Essen presented staff report and recommendation. Dann Flaherty clarified that this is not a rezoning. It is a site plan review. Will Page asked has staff found a historical photo of this building. Jason Van Essen stated not that he is aware of. It has not been determined if the building is eligible for historic tax credits. Will Page stated that the windows are the eyes of the building and are very important. Staff is correct to look at appropriate materials. Design should be as simple as possible rather than trying to put something in that was not historically accurate. However, maybe 1 over 1 window pattern is appropriate rather than 6-over-1. Jason Van Essen stated that is correct. No applicant was present to speak. CHAIRPERSON OPENED THE PUBLIC HEARING There was no one to speak in favor of the applicant s request The following spoke in opposition of the applicant s request. CHAIRPERSON CLOSED THE PUBLIC HEARING John Jack Hilmes stated that this is a good thing for Ingersoll. Dann Flaherty stated that he appreciates Will Page s expertise.

23 Page 23 Will Page made a friendly amendment to require 1-over1 windows. Greg Jones agrees that 1-over-1 is fine but wants developer to have choice. So he does not accept friendly amendment. COMMISSION ACTION: Greg Jones moved staff recommendation to approve the submitted Site Plan with the Commission waiving the NPC design guidelines for drive aisle width and lot area per dwelling unit with a finding that the overall development is in harmony with the commercial corridor and that the development is limited by the size and layout of the existing building and its location of the subject property subject to the following conditions: 1. Compliance with all administrative review requirements of the Permit and Development Center Administrator. 2. Review and approval of the finalized sidewalk and street tree improvements by the Planning Administrator to ensure their conformance with the Ingersoll Avenue Streetscape design. 3. Provision of dark colored windows with the windows on the front façade having muntin bars in the upper sash only. THE VOTE: 11-0 Item #6 ***************************** ***************************** Request from KLM International (owner) represented by Pastor Kenny Linhart (officer) for review and approval of a Site Plan under design guidelines in NPC Districts on property located at 1802 Crocker Street, to allow redevelopment of the site with a historic filling station having 1,008 square feet of space for a youth center affiliated with the nearby Kingsway Cathedral. The subject property is also owned by Planned Parenthood Mid-Iowa Foundation. ( ) STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION 1. Purpose of Request: The applicant purchased and moved the filling station building originally located at 203 East Grand Avenue in the East Village to 1802 Crocker Street. The applicant wishes to permanently locate the building at the subject property.