Des Moines, Iowa July 18, 2013 Page 1

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1 Page 1 PRESENT: Dory Briles, JoAnne Corigliano, Shirley Daniels, Jacqueline Easley, Tim Fitzgerald, Greg Jones, Will Page, Christine Pardee, CJ Stephens, Vicki Stogdill and Greg Wattier ABSENT: Dann Flaherty, John Jack Hilmes and Ted Irvine STAFF PRESENT: Mike Ludwig, Erik Lundy, Mike Kelley, and Cathy Whitfield Shirley Daniels made a motion to approve the minutes of June 20, 2013 Plan & Zoning Commission meeting. Motion carried Greg Wattier joined the 6:03 p.m. CJ Stephens moved the consent agenda Items #1 & #2. Motion carried (Greg Wattier abstained). Greg Jones stated staff recommends that Item #4 be continued to the August 15, 2013 Plan and Zoning Commission meeting and the applicant for Items #5, #6 and #7 has asked for a continuance to the August 15, 2013 Plan and Zoning Commission meeting. Christine Pardee made a motion to continue Items #4, #5, #6 and #7 to the August 15, 2013 Plan and Zoning Commission meeting. Motion carried CONSENT AGENDA ITEMS Item #1 Request from Erich Riesenberg Trust (owner) represented by Erich Riesenberg for vacation of a segment of undeveloped Franklin Avenue adjoining the owner s property from a point approximately 90 feet west of 24 th Drive to a point approximately 25 feet east of 26 th Street. ( ) STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION 1. Purpose of Request: The subject segment of right-of-way is undeveloped. The applicant owns the properties to the north and south and wishes to combine the right-of-way segment with their property. 2. Size of Site: 378 lineal feet. 3. Existing Zoning (site): R1-60 One-Family Low-Density Residential District. 4. Existing Land Use (site): Undeveloped right-of-way. 5. Adjacent Land Use and Zoning: North R1-60, Use is undeveloped land.

2 Page 2 East R1-60 ; Uses are single-family residential. South R1-60, Use is undeveloped land. West R1-60 ; Uses are single-family residential. 6. General Neighborhood/Area Land Uses: The subject segments of right-of-way are within a predominantly single-family residential area. 7. Applicable Recognized Neighborhood(s): The subject property is located in the Drake Neighborhood. This neighborhood association was notified of the meeting by mailing of the Preliminary Agenda to all recognized neighborhood associations on July 1, Additionally, separate notifications of the hearing for this specific item were mailed on July 8, 2013 (10 days prior to the hearing) to the Drake Neighborhood Association and to the primary titleholder on file with the Polk County Assessor for each property within 250 feet of the site. A Final Agenda for the meeting was mailed to all the recognized neighborhood associations on July 12, All agendas and notices are mailed to the primary contact person designated to the City of Des Moines Neighborhood Development Division by the recognized neighborhood association. The Drake Neighborhood notices were mailed to Deric Gourd, 2422 Drake Park Avenue, Des Moines, IA Relevant Zoning History: None Community Character Land Use Plan Designation: Low Density Residential. 10. Applicable Regulations: The Commission reviews all proposals to vacate land dedicated for a specific public purpose, such as for streets and parks, to determine whether the land is still needed for such purpose or may be released (vacated) for other use. The recommendation of the Commission is forwarded to the City Council. II. ADDITIONAL APPLICABLE INFORMATION 1. Utilities: The subject of right-of-way contains a sanitary sewer line. Easements must be provided for any existing utilities until such time that they are relocated. 2. Street System/Access: The subject right-of-way is undeveloped and contains a ravine that drops approximately 50 feet from the existing roadway on either side. Its vacation would not adversely impact the street network. III. STAFF RECOMMENDATION TO THE PLAN AND ZONING COMMISSION AND BASIS FOR APPROVAL Staff recommends approval subject to the provision of any necessary easements for all existing utilities until such time that they are relocated.

3 Page 3 SUMMARY OF DISCUSSION There was no discussion. CHAIRPERSON OPENED THE PUBLIC HEARING There was no one to speak in favor or in opposition of the applicant s request. COMMISSION ACTION: CJ Stephens moved staff recommendation to approve the vacation of a segment of undeveloped Franklin Avenue adjoining the owner s property from a point approximately 90 feet west of 24 th Drive to a point approximately 25 feet east of 26 th Street subject to the provision of any necessary easements for all existing utilities until such time that they are relocated. THE VOTE: (Greg Wattier abstained) ***************************** ***************************** This item was continued from the January 17, 2013 Commission meeting to explore alternative site layouts to address traffic flow concerns with the adjoining property to the north. Item 2 Request from Brace, LLC (owner) represented by Alex Langstraat (officer) to rezone property located at 901 Bell Avenue. A) Determination as to whether the proposed amendment is in conformance with the Des Moines 2020 Community Character Plan. B) Rezone from R1-60 One-Family Low-Density Residential District and C-1 Neighborhood Retail Commercial District to NPC Neighborhood Pedestrian Commercial District to allow for development of a new 1,200-square foot restaurant building. (ZON ) STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION 1. Purpose of Request: The applicant is proposing to demolish the existing restaurant building and construct a 30-foot by 40-foot (1,200 square feet) restaurant building. The applicant is also proposing to provide customer parking and a drive-thru lane. In order to place the building toward the street and have the drive-thru function to the west along with the off-street parking, the applicant is requesting to have the entire split zoned site rezoned to the NPC District. The revised request has also incorporated additional land purchased from the Des Moines Public Schools to the west to better accommodate landscaping and internal traffic circulation.

4 Page 4 2. Size of Site: 11,152 square feet (0.256 acres) 3. Existing Zoning (site): C-1 Neighborhood Retail Commercial District, R1-60 One Family Low-Density Residential District, GGP Gambling Games Prohibition Overlay District. 4. Existing Land Use (site): Vacant restaurant building and paved parking lot. 5. Adjacent Land Use and Zoning: North R1-60, Use is a law office. South R1-60 & C-1, Use is Lincoln High School. East C-1, Use is a multi-tenant commercial center with a formal wear shop, insurance office, and launderette. West R1-60, Use is parking lot and open space for Lincoln High School. 6. General Neighborhood/Area Land Uses: The subject property is located on a commercial node of the Southwest 9 th Street mixed-use corridor in the vicinity of where Lincoln High School is the predominant use on the corridor. 7. Applicable Recognized Neighborhood(s): The subject property is within the Grays Lake Neighborhood and within 250 feet of the Indianola Hills Neighborhood. These neighborhoods were notified of the meeting by mailing of the Preliminary Agenda to all recognized neighborhoods on July 1, Additionally, separate notifications of the hearing for this specific item were mailed on June 28, 2012 (20 days prior) and July 8, 2013 (10 days prior to the scheduled hearing) to the Grays Lake Neighborhood Association, Indianola Hills Neighborhood Association, and to the primary titleholder on file with the Polk County Assessor for each property within 250 feet of the site. All agendas and notices are mailed to the primary contact person designated to the City of Des Moines Neighborhood Development Division by the recognized neighborhood association. The Grays Lake Neighborhood Association mailings were sent to Evan Shaw, 2615 Druid Hill Drive, Des Moines, IA The Indianola Hills Neighborhood Association mailings were sent to Nancy Watson, 326 East Broad Street, Des Moines, IA A Final Agenda for the meeting was mailed to all the recognized neighborhood associations on July 12, The applicant is responsible for conducting a neighborhood meeting inviting representatives of the Grays Lake Neighborhood Association, Indianola Hills Neighborhood Association, and surrounding property owners within 250 feet. This meeting is currently scheduled for July 15, 2013 by the applicant who will provide a summary of the meeting at the public hearing. 8. Relevant Zoning History: N/A Community Character Land Use Plan Designation: Commercial: Auto Oriented; Small Scale Stripe Development.

5 Page 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 INFORMATION 1. Natural Features: The site is currently built and has no landscaping material other than turf covered open space. 2. Utilities: There is direct access to public storm sewer and sanitary sewer for the property within the adjoining street right-of-way. The most logical connections for both would be on the Bell Avenue side. There is a Des Moines Waterworks public water main extending from the west in Bell Avenue through the middle of the site to Southwest 9 th Street. The ultimate building location and site design may necessitate the relocation of this main as part of the redevelopment. 3. Drainage/Grading: The amount of proposed impervious surfaces such as building or paving will not exceed thresholds that will require special measures for stormwater management. Any stormwater collected will require piping to the public storm sewer which is located adjacent to the site on the south within Bell Avenue. Should the applicant be seeking commercial tax abatement, one of the options for meeting the criteria would be to provide water quality stormwater management for the one-and-a-half inch or less frequency rain events. This includes methods such as rain gardens or other infiltration systems which collect storm water and put it back into the groundwater system. 4. Landscaping: With approval of the requested rezoning, redevelopment of the property will require landscaping in accordance with NPC District design guidelines which indicate a an emphasis of trees, shrubs and other plantings should be placed around the perimeter of any parking area and within large parking lots to create a more attractive area. The landscape plan should generally enhance the visual appearance of the building, parking area and any pedestrian areas. Staff typically recommends using the C-1 / C-2 requirements as a baseline for this guideline, with flexibility applied in the Site Plan consideration by the Plan and Zoning Commission. 5. Traffic/Street System: Vehicular access is provided to the property from both Southwest 9 th Street and Bell Avenue. The Southwest 9 th Street driveway access is shared with the law office property to the north, and the driveway access from Bell Avenue into the site provides for additional cross access to allow the property to the north to have access to Bell Avenue as well. From a practical and circulation standpoint, staff believes it is important to protect this shared and cross access arrangement by keeping the same accesses or similar accesses with a site redevelopment. It is unknown whether there are any private easements for the benefit of the applicant or the property owner to the north formalizing these access

6 Page 6 conditions. Under the requested NPC District zoning, these access points and cross access would also be reviewed as part of the Site Plan by the Commission Community Character Plan: The proposed NPC District zoning is a pedestrian oriented type commercial zoning which is more restrictive than the commercial uses and development pattern that are intended by the Commercial: Auto-Oriented Small-Scale Strip Development future land use designation of the property. Since the existing designation for future land use is less restrictive than the proposed zoning, staff recommends that the commission find the proposed rezoning in conformance with the Des Moines 2020 Community Character Plan. However, because of proximity to adjoining residential areas, staff believes there are a few uses that are permitted in NPC Districts which would not be appropriate in the specific location. Therefore it is recommended that the uses of gas stations, liquor stores, taverns and nightclubs, and off-premises advertising signs be prohibited. III. STAFF RECOMMENDATION TO THE PLAN AND ZONING COMMISSION AND BASIS FOR APPROVAL Part A) Staff recommends that the Commission find the requested rezoning in conformance with the Des Moines 2020 Community Character Plan. Part B) Staff recommends approval of the requested rezoning to the NPC District subject to the owner agreeing to the following conditions: 1. Prohibit the use of the property for gas stations, liquor stores, taverns and nightclubs, and off-premises advertising signs. 2. Preserve existing shared vehicular driveway access onto Southwest 9 th Street with the property adjacent to the north and preserve existing vehicular cross-access through the property to driveway access onto Bell Avenue from the adjacent property to north. SUMMARY OF DISCUSSION There was no discussion. CHAIRPERSON OPENED THE PUBLIC HEARING There was no one to speak in favor or in opposition of the applicant s request. COMMISSION ACTION: CJ Stephens moved staff recommendation Part A) to find the requested rezoning in conformance with the Des Moines 2020 Community Character Plan and Part B) to approve the requested rezoning to the NPC District subject to the owner agreeing to the following conditions: 1. Prohibit the use of the property for gas stations, liquor stores, taverns and nightclubs, and off-premises advertising signs.

7 Page 7 2. Preserve existing shared vehicular driveway access onto Southwest 9 th Street with the property adjacent to the north and preserve existing vehicular crossaccess through the property to driveway access onto Bell Avenue from the adjacent property to north. THE VOTE: (Greg Wattier abstained) PUBLIC HEARING ITEMS ***************************** ***************************** Item 3 Request from Kading Properties (developer) represented by Karie Ramsey (officer) for review and approval of a PUD Development Plan Southern Horizon on property at 7400 Meadowlands Drive, to allow development of 34 two-family dwellings (68 units) in accordance with the Meadowlands PUD Conceptual Plan as amended. The subject property is owned by JKM Partners, LLC. ( ) STAFF REPORT TO THE PLANNING COMMISSION The public hearing on the PUD Development Plan was continued from the June 20, 2013 Plan & Zoning Commission meeting to, 1) allow additional time for staff to work with the developer s architect on final designs for the various unit types, 2) to work with the developer s engineering consultant to revise the location of the private park area ; and 3) to allow the appellant time to provide more detailed plans in conformance with storm water management, grading/soil erosion control, and tree protection and mitigation regulations. Since June 20, 2013, the applicant has submitted revised building elevations to the satisfaction of City staff. The appellant has also submitted a revised PUD Development Plan that shifts the location of the private park area to the center of the development, resulting in the elimination of one (1) two-family dwelling (two dwelling units). Sheets 3 & 4 of the PUD Development Plan must be revised to match the configuration as provided on Sheet 2 with regards to the placement of the private park area. Finally, the applicant has provided additional calculations for their stormwater management plan. The following staff report has been revised reflect the new and/or revised information: I. GENERAL INFORMATION 1. Purpose of Request: The proposed Development Plan would allow Parcel 6 of the Meadowlands PUD Conceptual Plan to be developed with up to 68 dwelling units within 34, one-story, two-family dwellings. The development would be accessed by a drive approach from the roundabout within Meadowlands Drive. The units would all front a private access road circling through the development. Each dwelling unit would have two (2) parking spaces in front of each unit, as well as an attached garage space.

8 Page 8 2. Size of Site: 7.21 acres. 3. Existing Zoning (site): PUD Planned Unit Development District. 4. Existing Land Use (site): Parcel 6 is currently undeveloped land. 5. Adjacent Land Use and Zoning: North R-5, Use is undeveloped land used for agricultural production. South PUD, Use is multiple-family residential within two-story buildings. East PUD, Use is multiple-family residential within two-story buildings. (Only two of the five approved buildings have been constructed at this time.) West R1-60, Use is undeveloped land used for agricultural production. 6. General Neighborhood/Area Land Uses: The site is located at the northwest corner of the Meadowlands subdivision, which includes a mix of multiple-family residential uses. 7. Applicable Recognized Neighborhood(s): The subject property is not located within a recognized neighborhood. However, the Meadowlands PUD is within 250 feet of both the Easter Lake Area Neighborhood and the Hillsboro Neighborhood. These neighborhoods were notified by mailing of the Preliminary Agenda to all recognized neighborhoods on May 24, 2013 prior to the initial public hearing on June 20, Additionally, separate notifications of that hearing for this specific item were mailed on June 10, 2013 (10 days prior to the original scheduled hearing) to the Neighborhood Associations and to the primary titleholder on file with the Polk County Assessor for each property within 250 feet of the Meadowlands PUD Planned Unit Development. A Preliminary Agenda for the July 18, 2013 Plan & Zoning Commission meeting was mailed to all recognized neighborhood associations on July 1, A Final Agenda for the July 18, 2013 Plan & Zoning Commission meeting was mailed to all the recognized neighborhood associations on July 12, All agendas and notices are mailed to the primary contact person designated to the City of Des Moines Neighborhood Development Division by the recognized neighborhood association. The Easter Lake Area Neighborhood Association mailings were sent to Jim Bollard, 4007 Southeast 26 th Street, Des Moines, IA 50320, and the Hillsboro Neighborhood Association mailings were sent to Michael Schoborg, 2519 East Havens Avenue, Des Moines, IA Relevant Zoning History: The currently approved configuration for up to 70 dwelling units within 35 two-family dwellings on Parcel 6 was allowed by the 8 th amendment to the Meadowlands PUD Conceptual Plan, which was approved by the City Council on May 6, This amended PUD Conceptual Plan included a note stating that the number of permitted residential dwelling units within any future development shall be dependent upon the PUD Development Plan review and

9 Page 9 compliance with the PUD Conceptual Plan. However, the number of dwelling units shall not exceed 70 units Community Character Land Use Plan Designation: Medium Density Residential, which allows for densities of up to 17 dwelling units per acre. The proposed 68 dwelling units on 7.21 acres of land represents a density of 9.4 dwelling units per acre. 11. Applicable Regulations: The Commission review of the submitted PUD Development Plan is based on the action on May 6, 2013 when the City Council approved the 8 th Amendment to the Meadowlands PUD Conceptual Plan subject to the following conditions for Parcel 6: A) Conformance with all administrative review comments by the Permit and Development Center. B) Provision of a note to state that any PUD Development Plan for the development shall be presented to the Plan and Zoning Commission for review and approval. C) Provision of a note to state that the number of permitted residential dwelling units within any future development shall be dependent upon the PUD Development Plan review and compliance with the PUD Conceptual Plan. However, the number of dwelling units shall not exceed 70 units. D) Provision of a second remote access drive. This may require reconfiguration of the development or elimination of dwelling units and may necessitate an access easement on an adjoining property. E) Provision of two additional building designs with varying massing, which could include either a porch element on the front of the unit or a gabled bumpout on the rear of the unit. The facades of these building designs should also include stone materials in amounts comparable to the submitted elevations. The elevations for the additional building designs shall be approved by the Planning Administrator. F) Revision of Unit Types E and E-2 to include a stone wainscoat on the front facades to match that on Unit Type G. G) Provision of a note to state that all lap siding shall be cement board, wood, or engineered wood with a minimum 50-year warranty. H) Provision of a note to state that all windows within portions of the façade sided with lap siding shall include a minimum 4-inch wide trim board that is painted a different color than the lap siding. I) Provision of a note to state that all dwelling units shall have architectural-type asphalt shingles.

10 Page 10 J) Provision of a note to state there would be at least 10 feet of separation between the side facades of buildings and at least 25 feet of separation between rear facades of the buildings. K) The private park area shall be relocated to be near the front of the development and shall include a children s play feature and a basketball court. The placement of this private park area to a more appropriate location may require the elimination or the shifting of dwelling units. L) Provision of a note to state that foundation plantings shall be provided around each dwelling unit. M) The Conceptual Plan shall provide a brief discussion of the proposed storm water management plan practices to the satisfaction of the Permit & Development Center s Engineering staff N) The Conceptual Plan shall provide a brief discussion of the proposed sanitary sewer connection to the satisfaction of the Permit & Development Center s Engineering staff. O) Provision of a note to state that any refuse collection container enclosure shall be constructed with masonry walls to match the development and steel gate. P) The Legal Description shall be corrected on the PUD Conceptual Plan. Q) Provision of a note to reflect the 7th Conceptual Plan Amendment that was approved administratively on May 13, R) The applicant shall provide on-site management and video surveillance equipment. II. ADDITIONAL APPLICABLE INFORMATION 1. Fire Protection Comments: The submitted Development Plan has provided for two additional future cross access connections to the north and northwest, should that property develop. This is determined by the Fire Department to be an acceptable alternate solution given the provision of the secondary access, even without the typical required spacing. Cross access easements must be provided now to allow for these future cross-connections. 2. Urban Design: The Development Plan proposes three different massings of the dwelling units. These include a unit-type with a gable above the front window, a unittype with a front porch in front of the unit, and a unit-type with a front porch along the side of the garage. The Development Plan also proposes multiple variations of exterior material treatments on the units scattered throughout the development based on the approved Conceptual Plan. The submitted Development Plan also indicates that there is an articulated variation in the building setback distances from the private drives to create more visual interest to the streetscape.

11 Page Open Space: The private park area has been relocated to the center of the development and includes a children s play feature and a basketball court. The placement of this private park area to an appropriate location has resulted in a reduction of two (2) dwelling units. 4. Drainage/Grading: The Development Plan includes a stormwater basin at the southwest corner of the site. While it is anticipated the submitted stormwater management plan will satisfy the City s stormwater policies, additional calculations may be required by Engineering staff in the City s Permit & Development Center. All grading is subject to an approved grading permit and soil erosion control plan. 5. Utilities: All necessary utilities are available to the site from existing services within adjoining Meadowlands Drive right-of-way. 6. Traffic: The development would be accessed by a drive approach from the roundabout within Meadowlands Drive. The units would all front a private access road circling through the development. Each dwelling unit would have two (2) parking spaces in front of each unit, as well as an attached garage space. The Development Plan also proposes a 4-foot wide pedestrian path circling through the development along the side the access drive. To improve pedestrian safety, staff recommends that the sidewalk and access drive be separated by a 2-inch roll curb. III. STAFF RECOMMENDATION TO THE PLAN AND ZONING COMMISSION AND BASIS FOR APPROVAL Staff recommends approval of the PUD Development Plan, subject to the following conditions: 1. Compliance with all administrative review requirements of the City s Permit & Development Center. 2. Final approval of the stormwater management plan by the City s Permit & Development Center Engineering staff. 3. Sheets 3 & 4 of the PUD Development Plan must be revised to match the configuration provided on Sheet 2 with regards to the placement of the private park area. 4. Provision of cross-access easements to allow for future cross-connections to the north and to the west of the development. 5. Provision of a 2-inch roll curb to separate the internal access drive from the adjacent 4-foot wide pedestrian path. SUMMARY OF DISCUSSION Erik Lundy presented the staff report and recommendation.

12 Page 12 JoAnne Corigliano asked staff to explain again why there is no access currently to the north and west. Erik Lundy stated the property to the north is not developed yet. It is approved for future development, as a land lease community. The idea is to make that connection whenever it is developed and once that happens there will be a much better secondary access. Will Page asked if there is any other development that has a singular approach with a roundabout to it. Erik Lundy stated yes, Brook Run would have Rottlund townhomes that have an entrance off of a roundabout in this fashion and then there are streets that come off of the other legs of the roundabout. Will Page asked if the specification that the Fire Department referenced is the most stringent for emergency vehicles. Erik Lundy stated they are based on the International Fire Code. Dan Novelly Kading Properties 7008 Madison Avenue stated they are in agreement with staff recommendation. CHAIRPERSON OPENED THE PUBLIC HEARING There was no one to speak in favor or in opposition of the applicant s request. COMMISSION ACTION: JoAnne Corigliano moved staff recommendation to approve the PUD Development Plan, subject to the following conditions: 1. Compliance with all administrative review requirements of the City s Permit & Development Center. 2. Final approval of the stormwater management plan by the City s Permit & Development Center Engineering staff. 3. Sheets 3 & 4 of the PUD Development Plan must be revised to match the configuration provided on Sheet 2 with regards to the placement of the private park area. 4. Provision of cross-access easements to allow for future cross-connections to the north and to the west of the development. 5. Provision of a 2-inch roll curb to separate the internal access drive from the adjacent 4-foot wide pedestrian path. THE VOTE: 11-0

13 Page 13 ***************************** ***************************** Item 4 Request from Consolidated Franklin, LLC (owner) represented by Richard Levi (officer) to rezone property at 4944 Franklin 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 future land use designation from Commercial: Pedestrian-Oriented Commercial Corridor to Commercial: Auto-Oriented Small-Scale Strip Development. ( ) C) Rezone property from C-1 Neighborhood Retail Commercial District to Limited C-2 General Retail and Highway Oriented Commercial District, to allow the conversion of a former fitness center tenant space within the existing commercial center to a garage for general motor vehicle repair and automobile accessory store uses only in addition to the allowance of C-1 District permitted uses. This would permit the tenant space to be used for a motorcycle repair and maintenance shop. (ZON ) STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION 1. Purpose of Request: The proposed rezoning would allow retention of a motorcycle repair and motorcycle accessory parts business that recently relocated to this strip commercial center. The applicant has requested the site be rezoned from C-1 District to a Limited C-2 District, with the conditions that use of the property be limited to uses as permitted in the C-1 District, automobile accessory stores, and garage for general motor vehicle repair. 2. Size of Site: 92,235 square feet (2.12 acres). 3. Existing Zoning (site): C-1 Neighborhood Retail Commercial District. 4. Existing Land Use (site): The site includes a 25,187-square foot commercial building with a mix of retail and office uses and a parking lot. 5. Adjacent Land Use and Zoning: North R-3, Use is multiple-family residential. South R1-60, Uses is the Glendale Cemetery. East C-1, Use is a medical office.

14 Page 14 West R1-60, Use is the Franklin Avenue Library. 6. General Neighborhood/Area Land Uses: The subject property is located along Franklin Avenue in an area that includes a mix of commercial, institutional, and residential uses. 7. Applicable Recognized Neighborhood(s): The subject property is within the Waveland Park Neighborhood Association and within 250 feet of the Merle Hay Neighborhood Association. These neighborhoods were notified of the meeting by mailing of the Preliminary Agenda to all recognized neighborhoods on June 28, Additionally, separate notifications of the hearing for this specific item were mailed on June 28, 2013 (20 days prior) and July 8, 2013 (10 days prior to the scheduled hearing) to the Waveland Park and Merle Hay Neighborhood Associations contacts and to the primary titleholder on file with the Polk County Assessor for each property within 250 feet of the site. A Final Agenda for the meeting was mailed to all the recognized neighborhood associations on July 12, All agendas and notices are mailed to the contact person(s) designated to the City of Des Moines Neighborhood Development Division by the recognized neighborhood association. The Waveland Park Neighborhood Association mailings were sent to Christine Pardee, PO Box 30112, Des Moines, IA The Merle Hay Neighborhood Association mailings were sent to Jason Pulliam, nd Street, Des Moines, IA The applicant is required to schedule a neighborhood meeting prior to the hearing which includes invitation to neighborhood contacts and to the primary titleholder on file with the Polk County Assessor for each property within 250 feet of the site. At the time of this report, the applicant has indicated that this meeting has not been scheduled. 8. Relevant Zoning History: N/A Community Character Land Use Plan Designation: Commercial: Pedestrian-Oriented Commercial Corridor. 10. Applicable Regulations: The Commission reviews all proposals to amend zoning regulations or zoning district boundaries within the City of Des Moines. Such amendments must be in conformance with the comprehensive plan for the City and designed to meet the criteria in 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 On July 9, 2013, the applicant submitted a request to have the public hearing be delayed for one month. The request cites complications with the tenant s longevity as a business at this location and that they need additional time to determine whether or not it makes sense to continue to pursue this rezoning. The additional

15 Page 15 month would also allow them to hold their required neighborhood meeting if they choose to purse the rezoning. III. STAFF RECOMMENDATION TO THE PLAN AND ZONING COMMISSION AND BASIS FOR APPROVAL Staff recommends that the Commission continue the public hearing to the August 15, 2013 Plan & Zoning Commission meeting. SUMMARY OF DISCUSSION There was no discussion. COMMISSION ACTION: Christine Pardee moved staff recommendation to continue this item to the August 15, 2013 meeting. THE VOTE: 11-0 Item 5 ***************************** ***************************** Request from Kum & Go, LC (developer) represented by Nick Halfhill (officer) for rezoning of property located at 4965 Hubbell Avenue. The subject property is owned by Kenneth and Denise Nesheim. A. Determination as to whether the proposed rezoning is in conformance with the Des Moines 2020 Community Character Plan. B. Rezone property from A-1 Agricultural District to PUD Planned Unit Development District. (ZON ) C. Approval of a PUD Conceptual Plan Kum & Go Store #535 for development of a 4,992-square foot gas station/convenience store with 26 fueling locations. STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION 1. Purpose of Request: The proposed PUD would allow development of a convenience store with 13 fuel pumps (26 fueling locations). The submitted Conceptual Plan proposes two access driveways from Broadway Avenue and crossaccess through the property to the north onto Hubbell Avenue. Future development of the site must be in accordance with a Development Plan that complies with the requirements established in the PUD Conceptual Plan and with the Design Guidelines for Gas Stations/Convenience Stores in Section of the Site Plan

16 Page Size of Site: 3.91 acres. 3. Existing Zoning (site): A-1 Agricultural District. 4. Existing Land Use (site): The property contains an existing motel with 30 guest rooms and manager apartment. 5. Adjacent Land Use and Zoning: North A-1 ; Uses are agricultural land, vault and monument warehouse and distributor, and International Union of Operating Engineers union hall. South M-1 ; Uses are mini-warehousing and vacant industrial park parcels. East M-1 ; Uses are RV sales lot and ThermoKing transportation climate control system sales. West A-1 ; Uses are a motel, agricultural land and vacant undeveloped land. 6. General Neighborhood/Area Land Uses: The proposed development is located at a major traffic intersection of Broadway Avenue and Hubbell Avenue within a mixed use node of highway commercial uses, industrial uses, and agricultural use. 7. Applicable Recognized Neighborhood(s): The subject property is not within a recognized neighborhood. All recognized neighborhood associations were notified of the meeting by mailing of the Preliminary Agenda on July 1, Additionally, separate notifications of the hearing for this specific item were mailed on June 28, 2012 (20 days prior) and July 8, 2013 (10 days prior to the scheduled hearing) to the primary titleholder on file with the Polk County Assessor for each property within 250 feet of the site. A Final Agenda for the meeting was mailed to all the recognized neighborhood associations on July 15, The applicant is responsible for conducting a neighborhood meeting inviting surrounding property owners within 250 feet. The applicant will provide a summary of the meeting at the public hearing. 8. Relevant Zoning History: The area was annexed in by the City on June 26, 2009 with the zoning established as A-1 Agricultural District by the provisions of the Zoning Ordinance Community Character Land Use Plan Designation: Commercial: Auto- Oriented Small-Scale Strip Development. 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, in addition to the existing regulations. The recommendation of the Commission will be forwarded to the City Council.

17 Page The application, accompanying evidence and Conceptual Plan shall be considered by the Plan and Zoning commission at a public hearing. The Commission shall review the conformity of the proposed development with the standards of this division and with recognized principles of civic design, land use planning, and landscape architecture. At the conclusion of the hearing, the Commission may vote to recommend either approval or disapproval of the Conceptual Plan and request for rezoning as submitted, or to recommend that the developer amend the plan or request to preserve the intent and purpose of this chapter to promote public health, safety, morals and general welfare. The recommendations of the commission shall be referred to the City Council. II. ADDITIONAL APPLICABLE INFORMATION 1. Natural Features: There are mature overstory trees and evergreen trees as part of the existing motel site that will likely be removed for the proposed development. There are several trees on the northeastern portion of the property that should be preserved if possible. Any PUD Development Plan will require a tree protection and mitigation plan in accordance with City Code. 2. Drainage/Grading: The applicant must comply with the City s storm water management, soil erosion protection and grading requirements as approved by the City s Permit and Development Center s engineering staff during the Development Plan (site plan) review. The site is large enough to also require water quality detention for more frequent rain events of one-and-a-half inches or less. The submitted Conceptual Plan identifies stormwater detention basins on the western and northern portion of the site that would connect to public storm sewers in Hubbell Avenue. 3. Utilities: The subject property has access to necessary utilities except public sanitary sewer. The proposed Conceptual Plan indicates extending the public sanitary sewer from East 50 th Street to the south at a distance of approximately 600 feet. This would require boring under Broadway Avenue but would also allow future connections of properties to the east. There is a secondary option of extending from sanitary sewer in East 46 th Street north of Broadway Avenue at a distance of approximately 1,750 feet. This would require boring beneath two streets East 46 th Street and Hubbell Avenue as well as cooperation of three or four other landowners in the cost sharing. At this time either option is acceptable within the existing system based on review by the Public Works Sanitary Sewer staff. 4. Traffic/Parking: The Traffic and Transportation Engineering staff did not require an in depth traffic study for this location. The proposed locations for access are acceptable within the surrounding street network. Traffic and Transportation staff did not recommend requiring development of public sidewalk adjoining the site. The City s standard off-street parking requirement for retail uses with fuel sales is 1 parking space per 300 square feet. This would require a minimum of 17 spaces for a 4,992-square foot building. The submitted Concept Plan includes 37 spaces.

18 Page Design Guidelines for Gas Stations/Convenience Stores: The Conceptual Plan includes a note that states the proposed convenience store project will be developed in accordance with the City s Gas Station/Convenience Store Site Plan Design Guidelines. The following are the guidelines as listed in Chapter 82 of the City Code (Section ) with staff comments as appropriate in italics. 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; (iv) Circulation systems and parking; (v) (vi) Service bays; Ancillary uses such as car washes, drive through uses, ATMs and telephones. 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. C. Minimum open space should be 20% of the site or 1,000 square feet per vehicle fueling location, whichever is greater. The site measures 3.91 acres and would contain 26 fueling locations. A minimum of 34,064 square feet of open space (20% of site) is required to meet this guideline. The submitted Conceptual Plan shows that the site would have at least 76,133 square feet (44.7% of site) of open space, which exceeds this guideline. 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) (ii) (iii) 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; Seeking shared-access with adjoining commercial uses where feasible to minimize curb cuts and enhance pedestrian and vehicular circulation; Minimizing cross traffic conflicts within parking areas. The proposed building and canopies are setback a minimum of 25 feet from the public street system. Due to the high traffic volumes of Hubbell Avenue and Broadway Avenue in proximity to US 65/69 a highway oriented pattern is necessary. The Conceptual Plan identifies a cross access easement through property to the northeast. There is an existing frontage road system parallel to Broadway Avenue which serves properties to the east which are industrially zoned.

19 Page 19 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; (iv) Lighting should be non-invasive to adjoining residential use. 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 submitted Conceptual Plan shows a refuse collection enclosure at the northwest corner of the building with gates oriented toward Hubbell Avenue. Because the subject property is of an unusual shape it has public street exposure on three sides. The placement of the enclosure could be detached from the principal building and placed along the eastern edge of the site to better comply with this design guidelines. There is not an existing adjoining public sidewalk network in the surrounding street system. All parking spaces have access to pedestrian routes adjoining the primary building. Architecture A. The following architectural guidelines encourage creative response to local and regional context and contribute to the aesthetic identity of the community. B. 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. C. 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. D. Drive-through elements should be integrated into the building rather than appear to be applied or stuck-on to the building. E. 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. F. Walls, pump island canopies and other outdoor covered areas should be compatible with the building, using similar material, color and detailing. G. To encourage visually interesting roofs, variations in the roof line and treatments such as extended eaves and parapet walls with cornice treatments are encouraged.

20 Page 20 H. Perceived height and bulk should be reduced by dividing the building mass into smaller-scaled components. Examples of treatments that could be used to avoid excessive bulk and height include: (i) Low-scale planters and site walls. (ii) Wainscot treatment. (iii) Clearly pronounced eaves or cornices. (iv) Subtle changes in material color and texture. (v) Variation in roof forms. (vi) Covered pedestrian frontages and recessed entries. (vii) Deeply set windows with mullions. The proposed building would be constructed of masonry with varying patterns to create visual interest. The building would have metal canopies over all entrances and a feature above the primary frontage of the building which would have architectural metal panels. The building would have 360 degree architecture, with entrances on three of the four sides. The primary façade is oriented toward Broadway Avenue with the Secondary entrance feature oriented towards Hubbell Avenue. Staff believes that the proposed design meets these guidelines. I. Canopies: (i) Integration of materials on canopies that are similar or compatible to those used on the building or site walls is desirable (e.g., wrap the canopy columns with brick that matches the building). Multiple canopies or canopies that express differing masses are encouraged. The proposed canopy would be sided with a metal material and supported by metal columns. Staff believes that the columns should be wrapped in masonry that matches the building for this guideline to be met. (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 conceptual proposed canopy for standard fuelling would have a total height of at the due to the sign that would project 2-4 above the top edge. There is also a proposed canopy for the diesel pump area for larger trucks that would have a canopy height of Taking into account the grade differential the Conceptual Plan indicates that no portion of any canopy would extend above maximum. Staff believes that the proposed height is appropriate given the unique circumstances of the site. J. 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 Conceptual Plan includes a note that addresses this guideline and identifies locations for these areas on the site layout.

21 Page 21 Landscape Design A. Landscaping is integral to the overall design concept and should be carefully planned to enhance the overall appearance and function of the site. B. Landscape buffers with screen fencing should mask the site from adjacent residential uses. Plantings that exceed the minimum Des Moines Landscaping Standards may be required. C. Dense landscaping or architectural treatments should be provided to screen unattractive views and features such as storage areas, trash enclosures, utility cabinets and other similar elements. D. A site design for projects located at a street intersection should provide special landscape treatments, including by way of example perennial plant beds, site walls, native grasses, decorative sign foundations and housing. E. Proper maintenance and timely replacement of plant material is required and will be enforced based on the approved site plan. F. Monument signs are encouraged and are required when the site adjoins a residential district. The Conceptual Plan shows a mix of trees, evergreens and shrubs throughout the site with retention of existing trees. The conceptual landscaping plantings should be shown at minimums that would be necessary for C-2 Districts. There are six overstory trees shown along the north, east and south perimeter lots where approximately 15 overstory trees would be required. Staff recommends that note be added into the PUD Standards that all landscaping will comply with minimums that would be required in a C-2 District. The Conceptual Plan includes a note that states the required landscaping shall be maintained for the life of the certificate of occupancy or certificate of zoning compliance. The submitted Conceptual Plan includes two monument style signs with a masonry base along Hubbell Avenue and East Broadway Avenue. The signs would include a 10-foot by 5-foot (50 square feet) component and a foot by foot (30 square feet) electronic display component for pricing. The is also a 40-foot tall pole sign with a 7.5-foot by 15-foot (112.5 square feet) component and a 3.33-foot by foot (42.08 square feet)component with electronic display for pricing. All additional signage would mounted to the building and canopy. Staff believes due to proximity of the Interstate 80 and Highway 65/69 interchange it is reasonable to advertise with an additional sign that will indicate pricing to the motoring public from those routes. The freestanding signs would comply if it were in a C-2 District, given that there are three frontages earned. The pole sign would not comply with requirements for commercial tax abatement. 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.