Des Moines, Iowa March 2, 2017 Page 1

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1 Page 1 PRESENT: Francis Boggus, Dory Briles, JoAnne Corigliano, David Courard-Hauri, Jacqueline Easley, Jann Freed; John Jack Hilmes, Lisa Howard, Carolyn Jenison, Will Page, Mike Simonson, Rocky Sposato and Steve Wallace ABSENT: Greg Jones and Greg Wattier STAFF PRESENT: Mike Ludwig, Erik Lundy, Glenna Frank, and Michelle Wall Dory Briles moved to approve the minutes from the February 16, 2017 Plan & Zoning Commission meeting. Motion carried (JoAnne Corigliano, Jann Freed, and Steve Wallace abstained as they were not present at the February 16, 2017 Plan & Zoning Commission meeting.) Erik Lundy stated the applicant for Item #6 agrees with staff recommendation with changes to condition 1(iii). Will Page asked if chain link fencing with slats was allowed. Erik Lundy stated it is generally not allowed. Jacqueline Easley asked if anyone was present to speak on this item. None were present or requested to speak. Dory Briles made a motion to move Item #6 to the consent agenda. Motion carried Jacqueline Easley asked if anyone was present to speak on Items #1, #2, #3 or #6. None were present or requested to speak. Dory Briles made a motion to approve the consent agenda Item #1. Motion carried (Jacqueline Easley and John Jack Hilmes recused themselves from the vote). Dory Briles made a motion to approve the consent agenda Items #2, #3 and #6. Motion carried Erik Lundy stated the applicant for Item #4 and Item #7 have asked for a continuance to the March 16, 2017 Plan & Zoning Commission meeting. Jacqueline Easley asked if anyone was present to speak on these items. None were present or requested to speak. David Courard-Hauri joined the 6:10 p.m. Will Page made motion to continue Item #4 and Item #7 to the March 16, 2017 Plan & Zoning Meeting. Motion carried 13-0.

2 Page 2 CONSENT PUBLIC HEARING ITEMS Item 1 Request from Catholic Health Initiatives of Iowa Corporation d/b/a Mercy Medical Center of Des Moines (owner) adjoining property in the vicinity of th Avenue, represented by Ronald Muecke (officer) for vacation of the north/south alley between 6th Avenue and 7th Street running from Ascension Street to Laurel Street. Additional adjoining property is owned by Flat Top Holding Corporation. ( ) STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION 1. Purpose of Request: The applicant is proposing to acquire the alley segment adjoining the west property lines and combine it with the adjoining property they own. The proposed vacation will allow the applicant to improve and pave the site for a new surface parking lot. 2. Size of Site: 16 feet by 350 feet (4,795 square feet or 0.11 acres). 3. Existing Zoning (site): C-2 General Retail and Highway-Oriented Commercial District, GGP Gambling Games Prohibition Overlay District, and FSO Freestanding Sign Overlay District. 4. Existing Land Use (site): Brick alley that is partially covered by gravel from the adjoining parking lot. 5. Adjacent Land Use and Zoning: North C-2 ; Uses are Ascension Street and Accounts Payable Mercy Medical Center Des Moines office. South C-2 ; Uses are Laurel Street right-of-way and the hotel parking. East PUD ; Uses are 6 th Avenue and Mercy Medical Center. West R-4 ; Use is the Des Moines Area Community College Urban Campus. 6. General Neighborhood/Area Land Uses: The subject property is located west of 6 th Avenue between Ascension Street and Laurel Street. The area consists of a mix of commercial and institutional uses, including Mercy Medical Center and the Des Moines Area Community College. 7. Applicable Recognized Neighborhood(s): The subject property is located in the Cheatom Park Neighborhood. The neighborhood association was notified of the

3 Page 3 meeting by mailing of the Preliminary Agenda to all recognized neighborhood associations on February 10, 2017 and by mailing of the Final Agenda on February 24, Additionally, separate notifications of the hearing for this specific item were mailed on February 20, 2017 (10 days prior to the original public hearing) to the neighborhood association and the primary titleholder on file with the Polk County Assessor for each property adjoining or directly across the subject segment of alley right-of-way. All agendas and notices are mailed to the primary contact designated by the recognized neighborhood association to the City of Des Moines Neighborhood Development Division. The Cheatom Park Neighborhood Association notices were mailed to Susan Wells, th Place, Des Moines, IA Relevant Zoning History: None. 9. PlanDSM: Creating Our Tomorrow Plan Land Use Plan Designation: The subject property is designated as Neighborhood Mixed Use in the PlanDSM future land use map. The plan defines this category as small scale mixed use development typically located at the intersections of collector and/or arterial streets and along transportation corridors. 10. Applicable Regulations: The Commission, considering the criteria set forth in Chapter 18B of the Iowa Code, reviews all proposals to vacate land dedicated for a specific public purpose, such as for streets and parks, to determine whether the land is still needed for such purpose or may be released (vacated) for other use. The recommendation of the Commission is forwarded to the City Council. II. ADDITIONAL APPLICABLE INFORMATION 1. Utilities: There are no identified sewer, water, or electrical facilities existing within the subject right-of-way. Easements must be reserved for any existing utilities until such time that they are abandoned or relocated. 2. Street System/Access: The subject alley does not serve as an access way for the adjoining properties. The requested vacation would not impact the existing street system or the vehicular or pedestrian flow in the area. 3. Brick Salvage Policy: On October 7, 2002, the City Council adopted the Brick Salvage Policy by Roll Call No The goal of the policy promotes salvage of brick from city owned sidewalks, alleys, and streets for reuse in Des Moines neighborhoods. The subject alley is paved with brick. Much of the alley has suffered damage. However, Staff believes there is an opportunity for some of the brick to be salvaged for reuse. Staff recommends approval of the vacation be subject to the applicant working with staff to explore the potential for salvage.

4 Page 4 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. Reservation of any necessary easements for all existing utilities in place until such time that they are abandoned or are relocated. 2. The brick pavers within the right-of-way shall be salvaged for reuse to the extent possible in accordance with a salvage plan approved by the Planning Administrator. SUMMARY OF DISCUSSION Jacqueline Easley asked if anyone was present to speak on this item. None were present or requested to speak. COMMISION ACTION: Dory Briles moved staff recommendation for approval of the requested vacation subject to the following conditions: 1. Reservation of any necessary easements for all existing utilities in place until such time that they are abandoned or are relocated. 2. The brick pavers within the right-of-way shall be salvaged for reuse to the extent possible in accordance with a salvage plan approved by the Planning Administrator. THE VOTE: (Jacqueline Easley and John Jack Hilmes recused themselves from the vote and David Courard-Hauri had not arrived yet). Item 2 ***************************** ***************************** City Council initiated request for a determination as to whether the following proposed Urban Renewal Plans are in substantial conformance with the PlanDSM: Creating Our Tomorrow Plan: A) Urban Renewal Plan for the Northeast Gateway 1 Urban Renewal Area, generally located south of Interstate 80, between East 7th Street and East 14th Street and north of East Aurora Avenue. B) Urban Renewal Plan for the Northeast Gateway 2 Urban Renewal Area, generally located south of East Aurora Avenue, west of Interstate 235, north of Hull Avenue and west of East 8th Street.

5 Page 5 STAFF REPORT TO THE PLANNING COMMISSION I. APPLICABLE INFORMATION Included in the Commission packet are draft versions of the Northeast Gateway Revitalization Plan, the Northeast Gateway 1 Urban Renewal Plan (URP) and the Northeast Gateway 2 Urban Renewal Plan (URP). Each of the URP documents contain an Appendix B with the correlating Financial Conditions Report. The overall area includes properties generally between East 7th Street, Northeast 52nd Avenue, Interstate 235, and Hull Avenue. On February 6, 2017, the City Council referred the draft URPs to the Plan and Zoning Commission for a determination as to whether they are in conformance with the PlanDSM Creating Our Tomorrow Plan. Significant opportunities to revitalize economic viability and promote future private investment exist in the Northeast Gateway Revitalization Urban Renewal Area. These areas have served as a stable regional commercial area in the past, but have opportunity for revitalization and redevelopment. There is an ability to capture additional private investment for the benefit of the City of Des Moines. The creation of Urban Renewal/TIF Plans are recommended to assist with public improvements, facilitate economic development, and create a future resource to assist development projects in these areas. The Northeast Gateway Revitalization Area has been a priority redevelopment region for the City and the Northeast Des Moines neighborhoods for a number of years. City staff, along with our Zoning Ordinance update consultants, have continued planning efforts for the potential redevelopment of the former Eastgate site. Development interest are also being expressed for the undeveloped Northridge Mall site. Both sites are identified as community nodes in the PlanDSM Creating Our Tomorrow which is the City s Comprehensive Plan. The tax increment for these areas will be prioritized for use on public infrastructure projects and land development activities that will facilitate private sector investment in commercial, industrial and mixed-use development, and allow new taxable valuation to be created for the City. It is planned that future development agreements for these areas will be organized around this premise, with the goal of having the private sector, upfront infrastructure costs where possible, with potential for a portion of such costs to be reimbursed from the resulting incremental taxes. Public/private partnerships will also be encouraged. There will be an ability to evaluate the financial condition of each proposed project, and its positive impact to the citizens of Des Moines in the form of business development, services and employment. All individual development agreements must be reviewed and approved by the City Council.

6 Page 6 The proposed draft plans do not propose any revision to the future land use or zoning for the subject Urban Renewal Area. Any subsequent proposal to make amendments to future land use or zoning within the area pursuant to a revised URPs will be reviewed by the Plan and Zoning Commission. II. ADDITIONAL INFORMATION The Office of Economic Development has worked with other City departments over the last few years to evaluate the Northeast Gateway Urban Revitalization Area as proposed urban renewal areas/tif Districts. This evaluation of the Northeast Gateway Urban Revitalization and Urban Renewal Areas and the proposed plans will continue through the required review processes for the development of URPs, and conclude with presenting the final draft to City Council at the public hearing proposed for March 20, These processes include review by City Boards and Commissions, and area taxing entities including Polk County, the Des Moines Public School District, and Des Moines Area Community College. In addition to these entities, neighborhood organizations will have an opportunity to review the proposed plan area and provide input. The proposed Northeast Gateway Revitalization Plan boundary is the same boundary as originally adopted by the Northeast Gateway Revitalization Urban Renewal Plan, but is proposed to be replaced by two (2) separate Urban Renewal Plans and Tax Increment Financing districts split by E. Aurora Avenue. The Northeast Gateway 1 Urban Renewal area will consist of everything within the original plan boundary that is located to the north of E. Aurora Avenue. The Northeast Gateway 2 Urban Renewal area will consist of everything within the original plan boundary that is located to the south of E. Aurora Avenue. Two (2) separate Urban Renewal Plans and Tax Increment Financing (TIF) Districts are being recommended as a best practice for the appropriate division of tax revenues within the plan area due to the presence of two (2) different school districts. The Northeast Gateway 1 URP area is within the Saydel Public School District and the Northeast Gateway 2 URP is within the Des Moines Public School District. III. STAFF RECOMMENDATION TO THE PLAN AND ZONING COMMISSION AND BASIS FOR APPROVAL Part A) Staff recommends that the Commission find the proposed Northeast Gateway 1 Urban Renewal Plan in conformance with the PlanDSM Creating Our Tomorrow Plan. Part B) Staff recommends that the Commission find the proposed Northeast Gateway 2 Urban Renewal Plan in conformance with the PlanDSM Creating Our Tomorrow Plan.

7 Page 7 SUMMARY OF DISCUSSION Jacqueline Easley asked if anyone was present to speak on this item. None were present or requested to speak. COMMISION ACTION: Dory Briles moved staff recommendation for approval of Part A) the proposed Northeast Gateway 1 Urban Renewal Plan is in conformance with the PlanDSM Creating Our Tomorrow Plan and approval of Part B) the proposed Northeast Gateway 2 Urban Renewal Plan in conformance with the PlanDSM Creating Our Tomorrow Plan. THE VOTE: 12-0 (David Courard-Hauri had not arrived yet). ***************************** ***************************** Item 3 Request from Carey Investments, LLC (purchaser) represented by Rob Carey (officer) for review and approval of a Site Plan Carey Cleaning Services under design guidelines for extension of parking, on property at 1217 East 17 th Street, to allow extension of off street parking for a proposed cleaning service business at 1700 University Avenue to be extended into the residentially zoned subject property. The subject property is owned by My Thuy Thi Nguyen. ( ) STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION 1. Purpose of Request: The Site Plan would allow construction of a paved parking that would extend up to 90 feet into the R-2A General Residential District. The proposed parking lot would allow the existing structure on the adjoining parcel known as 1700 East University Avenue to be converted for occupancy by a cleaning business. 2. Size of Site: 240 feet by 133 feet (31,920 square feet). 3. Existing Zoning (site): The northern 90 feet of the site is zoned R-2A General Residential District and the balance is zoned Limited C-2 General Retail and Highway- Oriented Commercial District. 4. Existing Land Use (site): The site contains an existing 8,583-square foot commercial building and a graveled parking area. The site also includes a portion of a paved parking pad that is used by the single-family dwelling at 1221 East 17 th Street. This paved area would remain and would be separated from the proposed parking lot by landscaping.

8 Page 8 5. Adjacent Land Use and Zoning: North R-2A, Use is a single-family dwelling. South C-1, Uses are East University Avenue and a one-story commercial structure. East C-1 & R-2A, Uses are an alley right-of-way and a single-family dwellings. West C-1 & R-2A, Uses are East 17 th Street and single-family dwellings. 6. General Neighborhood/Area Land Uses: The subject property is located along the East University Avenue commercial corridor, which has low density residential neighborhoods to its north and south. 7. Applicable Recognized Neighborhood(s): The subject property is located in the Martin Luther King, Jr. Park Neighborhood. This neighborhood was notified of the Commission meeting by mailing of the Preliminary Agenda on February 10, Additionally, separate notifications of the hearing for this item were mailed to the neighborhood associations and to the primary titleholder on file with the Polk County Assessor for each property within 250 feet of the site on February 20, A Final Agenda was mailed to the neighborhood association on February 24, All agendas and notices are mailed to the primary contact(s) designated by the recognized neighborhood association to the City of Des Moines Neighborhood Development Division. The Martin Luther King, Jr. Park Neighborhood notices were mailed to Curt Wagner, 1317 Hutton Street, Des Moines, IA Relevant Zoning History: In 2008, a previous property owner was considering reusing the property for automotive repair. On June 9, 2008, the City Council adopted Ordinance 14,776, to rezone the property from C-1 Neighborhood Retail Commercial District to Limited C-2 General Retail and Highway-Oriented Commercial District, subject to the following conditions: 1. Permitted uses of the property shall be limited to the following: a. Garage for general motor vehicle repair, but not including body and fender work and overall painting and steam cleaning, but including upholstering, scratch and dent repair, and minor painting within a completely enclosed building. b. Uses as permitted in the C-1" Neighborhood Retail Commercial District, except for packaged goods stores for the sale of alcoholic beverages, pawn shops, and financial institutions whereby a majority of loans are made based on collateral of future payroll or vehicle titles. 2. Reuse of the property shall be subject to administrative review and approval of a site plan by the Permit and Development Center that demonstrates compliance with the East University Avenue Design Guidelines and the City's stormwater management, landscaping and buffering requirements. 3. Any renovation of the structure shall comply with all applicable building codes and shall be in accordance with all necessary permits issued by the Permit and Development Center.

9 Page 9 4. A minimum 5-foot wide landscape buffer shall be provided along the east site boundary. 5. All landscaping shall be continuously maintained or replaced in accordance with the approved site plan for the life of the certificate of occupancy. 6. Any off-street parking area shall be accessed by a curb cut and drive approach that aligns with the east/west drive aisle within the parking lot. 7. Any overhead garage doors shall be located on the north façade of the structure and accessed through the off-street parking area. 8. The asphalt paving shall be removed from the front yard areas to the south and to the west of the structure and the area shall be restored with sod and other landscaping materials. 9. Display of vehicles for sale shall be prohibited. 10. Outdoor repair and servicing of vehicles shall be prohibited. 11. Outdoor display of automobile accessories and storage of materials or equipment such as barrels, tires and tools is prohibited. 12. All refuse and trash disposal containers shall be contained within an enclosure that complies with the Site Plan regulations. 13. Parking of all vehicles associated with the business such as wrecking trucks shall be outside of the required 25-foot front yard building setback. 14. Automobiles shall only be parked in marked parking spaces in accordance with an approved site plan Community Character Land Use Plan Designation: The Land Use Plan designates all property within approximately 300 feet of East University Avenue as Neighborhood Mixed Use. The entire subject property is within this area. 10. Applicable Regulations: In acting upon any Site Plan application that includes an extension of parking under the authority of section (f)(8) into a residential district where it would otherwise be prohibited, the Plan and Zoning Commission shall apply the design standards in section , and taking into consideration the criteria set forth in Chapter 18B of the Iowa Code. Further, the proposed Site Plan shall be denied unless it is shown to that such extension of parking meets the following criteria: 1) The construction and use of this parking lot will have no significant detrimental impact on the use and enjoyment of adjoining properties. Staff believes that the proposed parking lot will not be detrimental to the surrounding neighborhood because the parking lot addition would be adequately setback from adjoining properties and screened with landscaping and a 6-foot tall fence. 2) No parking should be permitted in the required front yard of the R district unless compatible with the adjoining land use. The proposed parking spaces would be setback at least 31 feet from the west property line along East 17 th Street, which exceeds the minimum 30-foot front yard setback in the R-2A District.

10 Page 10 3) Adequate setbacks shall be provided to protect adjacent residentially zoned property. A minimum ten (10) foot setback from adjacent R district property lines should be observed. The proposed parking lot addition would be setback 10 feet from the adjoining residentially zoned property to the north. 4) Appropriate screening shall be provided to shield adjacent residential uses from the impacts of the parking lot. The proposed parking lot addition would be screened from adjoining residential uses to the north by a 10-foot -wide landscape buffer. This buffer would include a 6-foot tall fence and a mix of overstory trees and evergreen trees. 5) Adequate landscaping shall be provided and maintained to buffer and beautify the parking area. Both interior and peripheral landscaping should be considered. The site plan shows a mix of shrubs, overstory trees, and evergreen trees throughout the site. 6) Where feasible, the entrance to the parking area should be from an adjoining alley or the less restrictive district. The proposed Site Plan would utilize an existing drive approach along East 17 th Street and an existing approach from the adjoining alley. The Site Plan would also restore missing curbing along the street. II. ADDITIONAL APPLICABLE INFORMATION 1. Parking: The proposed parking lot would contain 24 parking stalls, with 18 of those within the portion of the site zoned R-2A District. The lot would be surfaced with concrete and have a 6-inch curb along the perimeter. 2. Landscaping & Buffering: The proposed parking lot addition would be screened from adjoining residential uses to the north by a 10-foot-wide landscape buffer. This buffer would include a mix of overstory trees and evergreen trees and a 6-foot tall fence. The Site Plan also demonstrates a mix of shrubs, overstory trees, and evergreen trees throughout the site. The City s Landscape Standards require the provision of 20% open space with one overstory tree, one evergreen tree and one shrub for every 2,500 square feet of required open space. The standards also include the provision of bufferyard plantings of two overstory trees and six evergreen trees per 100 lineal feet of property line, parking lot interior plantings of one overstory tree and three shrubs for every 20 spaces, and parking lot perimeter plantings of one overstory tree and three shrubs per 50 feet of frontage. 3. Drainage/Grading: The site plan demonstrates that stormwater detention would occur within an area between East 17 th Street and the proposed parking lot.

11 Page 11 III. STAFF RECOMMENDATION TO THE PLAN AND ZONING COMMISSION AND BASIS FOR APPROVAL Staff recommends approval of the submitted site plan under Design Guidelines for the Extension of Parking subject to compliance with all administrative review comments of the City s Permit and Development Center. SUMMARY OF DISCUSSION Jacqueline Easley asked if anyone was present to speak on this item. None were present or requested to speak. COMMISION ACTION: Dory Briles moved staff recommendation for approval of the submitted site plan under Design Guidelines for the Extension of Parking subject to compliance with all administrative review comments of the City s Permit and Development Center THE VOTE: Item (David Courard-Hauri had not arrived yet). ***************************** ***************************** Request from Roll-Offs of Des Moines (owner) represented by Anthony Holt (officer) to rezone property located in the vicinity of 20 East 18th Street. Additional subject property is owned by Anthony Holt and Charles Eilbert. A) Determination as to whether the proposed rezoning is in conformance with the existing PlanDSM Creating Our Tomorrow future land use designation. B) Rezone property from Limited M-2 Heavy Industrial District to Limited M-2 Heavy Industrial District to allow expansion of the permitted uses from outdoor storage of inoperable machinery to include outdoor storage and sorting of recycled waste materials within roll-off containers and dismantling of vehicles and machinery. (ZON ) STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION 1. Purpose of Request: The proposed rezoning would revise the zoning conditions that were applied to the property on April 22, 2013, by Ordinance Number 15,183. This ordinance limits use of the property to: 1) uses allowed in the M-1 District, and 2) storage of inoperable machinery.

12 Page 12 The proposed rezoning to modify the zoning conditions would allow for the dismantling of equipment and for the recycling of waste materials collected off-site in the roll-off dumpster containers. The applicant indicates that they would relocate these additional activities to this site from their current location at 2135 Scott Avenue, which is readily visible from East Martin Luther King, Jr. Parkway. The application indicates that any area used for outdoor storage of inoperable machinery, dismantling of equipment, or recycling of waste materials would be completely screened from view and would be setback at least 100 feet from any public right-of-way. If the rezoning is granted, the applicant would then have to seek an amendment to their Conditional Use Permit as granted by the Zoning Board of Adjustment and possibly amend the Site Plan that is on file with the City s Permit and Development Center. 2. Size of Site: 4.04 acres. 3. Existing Zoning (site): Limited M-2 Light Industrial District. 4. Existing Land Use (site): Vehicle display lot for forklifts and similar equipment for sale, storage of inoperable equipment, contractor s storage yard, automotive repair, and a single-family dwelling. 5. Adjacent Land Use and Zoning: North M-1 ; Uses include East Court Avenue and a warehouse use. South - M-1 ; Uses include a railroad and a grain elevator. East - M-1 ; Uses include Southeast 18 th Street and a warehouse use. West - M-1 ; Use is a single-family dwelling. 6. General Neighborhood/Area Land Uses: The subject property is located in an industrial area along East 18 th Street in the vicinity of multiple east/west railroad lines. 7. Applicable Recognized Neighborhood(s): The subject property is within the Capitol East Neighborhood. The neighborhood was notified of the meeting by mailing of the Preliminary Agenda to all recognized neighborhoods on February 10, A Final Agenda was mailed to the neighborhood associations on February 24, Additionally, separate notifications of the hearing for this specific item were mailed on February 10, 2017 (20 days prior) and February 20, 2017 (10 days prior to the scheduled hearing) to the Capitol East Neighborhood Association and to the

13 Page 13 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 Capitol East Neighborhood Association mailings were sent to Jack Leachman, 1921 Hubbell Avenue, Des Moines, IA The applicant has held a neighborhood meeting and will be able to provide a summary of the meeting at the hearing. 8. Relevant Zoning History: On April 22, 2013, the City Council approved Ordinance Number 15,183, which rezoned the property to M-2 Heavy Industrial District, subject to the following conditions: 1) Use of the property shall be limited to the following: a. Any use as permitted and limited in the M-1 District. b. Storage of inoperable machinery in accordance with a Conditional Use Permit as granted by the Zoning Board of Adjustment. 2) Any area used for outdoor storage of inoperable machinery shall be completely screened from view and shall be setback at least 100 feet from any public rightof-way. On May 22, 2013, the Zoning Board of Adjustment granted a Conditional Use Permit for a use in the "M-2" Heavy Industrial District that is not otherwise permitted in the "M-1" Light Industrial District. This allowed use of a paved area for outdoor storage of inoperable machinery, such as lifts and construction equipment, constituting a salvage yard. The approval was subject to the following conditions: 1. Any storage of inoperable machinery shall be in accordance with any necessary amendment to a Site Plan on file with the City s Permit and Development Center. 2. Any area used for outdoor storage of inoperable machinery shall be setback at least 100 feet from any public right-of-way and shall be screened by a solid fence with no more than three (3) driveway openings, each measuring up to 40 feet. 3. There shall be no dismantling of vehicles or equipment. Any future proposal for dismantling of vehicles shall require an amendment to the Conditional Use Permit by the Zoning Board of Adjustment. 4. The Conditional Use Permit shall be subject to amendment or revocation if the operation of the business becomes a nuisance or exhibits a pattern of violating the conditions set forth in the conditional use permit. On October 2, 2013, the Permit and Development Center approved a Site Plan ( ) that identified where outdoor storage of inoperable machinery could occur and identified the necessary screening materials. Since then, the business has been violating the Conditional Use Permit, as they have been placing inoperable vehicles on property owned by the City adjacent to the south. As noted in Condition #4, the Conditional Use Permit shall be subject to

14 Page 14 amendment or revocation if the operation of the business becomes a nuisance or exhibits a pattern of violating the conditions set forth in the conditional use permit. Therefore, on December 16, 2016, the Zoning Enforcement Officer notified the business owner (Anthony Holt) that the Conditional Use Permit would be reconsidered by the Zoning Board of Adjustment. Since then, the applicant has removed all inoperable equipment that had been placed outside of their property. On February 1, 2017, Roll Offs of Des Moines, LLC, applied for a rezoning of the property that could potentially resolve current zoning violations. Therefore, the Zoning Board of Adjustment has deferred the reconsideration of the Conditional Use Permit to a future meeting so that this rezoning request can be processed by the Plan & Zoning Commission and the City Council Community Character Land Use Plan Designation: This area is designated as Industrial. Staff believes that the proposed rezoning would be in conformance with this designation so long as any area used for outdoor storage of inoperable machinery, dismantling of equipment, or recycling of waste materials is completely screened from view and is setback at least 100 feet from any public right-of-way. 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, and taking into consideration the criteria set forth in Chapter 18B of the Iowa Code. The Commission may make recommendations to the City Council on conditions to be made in addition to the existing regulations so long as the subject property owner agrees to them in writing. The recommendation of the Commission will be forwarded to the City Council. II. ADDITIONAL APPLICABLE INFORMATION 1. Site Plan Requirement: The site is currently improved in accordance with an approved Site Plan for Holt Warehouse and Storage Lot under design guidelines for vehicle display lots since the property currently contains a display lot for forklifts. The approved Site Plan may need be amended to identify areas where any dismantling or recycling would occur and any additional areas where outside storage of inoperable equipment would occur. 2. Conditional Use Permit Requirements: If the rezoning is granted, the applicant would then have to seek an amendment to their Conditional Use Permit as granted by the Zoning Board of Adjustment. In accordance with City Code Section (5), during consideration of any future amendment to the Conditional Use Permit, the Zoning Board of Adjustment shall consider all of the following: a. The proposed location, design, construction and operation of the particular use adequately safeguards the health, safety and general welfare of persons residing or working in adjoining or surrounding property;

15 Page 15 b. Such use shall not impair an adequate supply of light and air to surrounding property; c. Such use shall not unduly increase congestion in the streets, or public danger of fire and safety; d. Such use shall not diminish or impair established property values in adjoining or surrounding property; e. Such use shall be in accord with the intent, purpose and spirit of this chapter and the comprehensive plan; f. All driveways, parking lots and areas used for temporary storage of vehicles shall be surfaced with an asphaltic or Portland cement binder pavement or such other surfaces as shall be approved by the city engineer so as to provide a durable and dustless surface, and shall be so graded and drained as to dispose of all surface water accumulation within the area. g. All areas outside a completely enclosed building used for the storage of inoperable or unsafe vehicles, junk or salvage materials shall be enclosed on all sides by a solid opaque fence and gates at least eight feet in height and of uniform design and color, and should be effectively screened from public view. If such area abuts an area upon the adjoining property which is also used for the storage of inoperable or unsafe vehicles, junk or salvage materials, no fence or setback is required along the common property line while such adjoining use continues. All fences shall be maintained in good repair. h. Junk and salvage materials shall not be stacked higher than the perimeter fence within 75 feet of the fence and shall not be stacked higher than 25 feet. i. The dismantling or repair of vehicles shall occur only upon a impermeable surface with adequate provision for the collection and disposal of fluids and wastes. j. Any junk or salvage yard shall provide a paved area for the receipt and temporary storage of material which is screened from the adjoining public right-of-way. k. The best practical control technology shall be employed to minimize any obnoxious or offensive odor, dust, smoke, gas, noise, or similar nuisance generated by the proposed use, and the best practical means known shall be employed for the disposal of refuse matter. III. STAFF RECOMMENDATION TO THE PLAN AND ZONING COMMISSION AND BASIS FOR APPROVAL Part A) Staff recommends that the proposed rezoning is in conformance with the existing PlanDSM Creating Our Tomorrow future land use designation of Industrial. Part B) Staff recommends approval of the rezoning from Limited M-2 Heavy Industrial District to Limited M-2 Heavy Industrial District, subject to the following conditions: 1) Use of the property shall be limited to the following: a. Any use as permitted and limited in the M-1 District. b. Any of the following uses so long as they are in accordance with a Conditional Use Permit as granted by the Zoning Board of Adjustment:

16 Page 16 i. Storage of inoperable machinery and/or equipment, such as forklifts, trucks, and automobiles. ii. Dismantling of equipment, such as forklifts, trucks, and automobiles. iii. Recycling of waste materials, such as metals, wood, shingles, cardboard, and paper. (needs updated) Recycling, including sorting and transferring, of waste materials, such as metals, wood, shingles, cardboard, and paper. 2) Any area used for outdoor storage of inoperable machinery, dismantling of equipment, or recycling of waste materials shall be completely screened from view and shall be setback at least 100 feet from any public right-of-way. SUMMARY OF DISCUSSION Erik Lundy stated the applicant for Item #6 agrees with staff recommendation with changes to condition 1(iii). Will Page asked if chain link fencing with slats was allowed. Erik Lundy stated it is generally not allowed. COMMISION ACTION: Dory Briles made a motion for approval of Part A) that the proposed rezoning is in conformance with the existing PlanDSM Creating Our Tomorrow future land use designation of Industrial and approval of Part B) the rezoning from Limited M-2 Heavy Industrial District to Limited M-2 Heavy Industrial District, subject to the following conditions: 1) Use of the property shall be limited to the following: a. Any use as permitted and limited in the M-1 District. b. Any of the following uses so long as they are in accordance with a Conditional Use Permit as granted by the Zoning Board of Adjustment: i. Storage of inoperable machinery and/or equipment, such as forklifts, trucks, and automobiles. ii. iii. Dismantling of equipment, such as forklifts, trucks, and automobiles. Recycling, including sorting and transferring, of waste materials, such as metals, wood, shingles, cardboard, and paper. 2) Any area used for outdoor storage of inoperable machinery, dismantling of equipment, or recycling of waste materials shall be completely screened from view and shall be setback at least 100 feet from any public right-of-way. THE VOTE: 12-0 (David Courard-Hauri had not arrived yet). *****************************

17 Page 17 **************************************************************************************** NON-CONSENT PUBLIC HEARING ITEMS Item 4 Request from Phoneguru, LLC (owner) represented by Utkarsh Mahajan (officer) for review and approval of a Site Plan under design guidelines for gas station/convenience stores, on property located at 2723 Grand Avenue, to allow conversion of the 1,827- square foot building from a vehicle repair service station to a gas station/convenience store, retaining the existing pump island canopy with 8 fueling locations. ( ) STAFF REPORT TO THE PLANNING COMMISSION The applicant has requested that item #4 be continued to the March 16, 2017 meeting of the Commission. This will allow time for additional information to be submitted for consideration. Staff supports the requested continuance. I. GENERAL INFORMATION 1. Purpose of Request: The applicant is proposing to convert the existing building to a convenience store with fuel sales. 2. Size of Site: 9,887 square feet or 0.23 acres. 3. Existing Zoning (site): Quick Trip No PUD District, FSO Freestanding Sign Overlay District, and GGP Gambling Games Prohibition District. 4. Existing Land Use (site): Vehicle repair service station building with fuel pumps and canopy. 5. Adjacent Land Use and Zoning: North C-2 & NPC ; Uses are surface parking and a commercial building. South C-2 ; Use is a dry cleaning business. East C-2 ; Use is an office building. West R-4 ; Use is multiple-family residential. 6. General Neighborhood/Area Land Uses: The subject site is located at the intersection of Grand Avenue and 28 th Street. The area contains a mix of commercial and multiple-family residential uses. 7. Applicable Recognized Neighborhood(s): The subject property is not located within the boundaries of a recognized neighborhood association. It is located within 250 feet of the Woodland Heights Neighborhood. The Woodland Heights

18 Page 18 Neighborhood Association is currently going through a change in leadership and does not have an official contact person identified to receive mailings from the City. A copy of this staff report and the agenda for the March 2, 2017 meeting were ed to the neighborhood address (WHO@mediacombb.net) on February 24, Staff will work to identify an official contract person prior to the March 16, 2017 Plan and Zoning Commission meeting. A notice for this specific item was mailed on February 20, 2017 to the primary titleholder on file with the Polk County Assessor for each property within 250 feet of the site. 8. Relevant Zoning History: On April 26, 1984, by Docket Number , the Zoning Board of Adjustment granted relief to allow the canopy to be constructed into the required setback. 9. PlanDSM: Creating Our Tomorrow Plan Land Use Plan Designation: Community Mixed Use and Neighborhood Node. The Plan describes Community Mixed Use as small- to medium-scale mixed use development, located on high capacity transit corridors or at the intersections of transportation corridors. Community mixed use areas include both a mix of medium density residential and a mix of retail and service establishments designed to attract customers from a large service area encompassing multiple neighborhoods and may include specialty retail that attracts regional customers. A Neighborhood Node is described as the offer services that provide for basic daily needs of the local population in the surrounding neighborhood. They may include restaurants, shops, and small scale businesses and residential development including low-medium and medium densities. 10. Applicable Regulations: In consideration of the criteria set forth in Chapter 18B of the Iowa Code, any Site Plan application which includes property used as a gas station or convenience store and for extension of parking shall be approved by the Plan and Zoning Commission if the proposed Site Plan conforms with the design regulations in Section and the following additional design guidelines in Section of the City Code, unless the commission determines that the construction and use of the site will have a significant detrimental impact on the use and enjoyment of adjoining residential uses. Section (b)(2)(c) in the Site Plan Ordinance also requires that review of any Site Plan by the City shall consider the City s Comprehensive Plan. II. ADDITIONAL APPLICABLE INFORMATION 1. Design Guidelines for Gas Station/Convenience Stores: Redevelopment of the site requires the consideration of the submitted Site Plan and building elevations for review by the Plan and Zoning Commission in accordance with the Design Guidelines for Gas Stations/Convenience Stores (Sec ).

19 Page Site Design. A. The optimal layout of any individual site requires an in-depth understanding of local context and a thorough site analysis. The components of a gas station and convenience store to be considered in site design include, but are not limited to: (i) Primary structure/retail sales building/single or multiple tenant; (ii) Pump island, canopy structure, and lighting; (iii) Refuse, service and storage area; (iii) Circulation systems and parking; (iv) Service bays; (v) Ancillary uses such as car washes, drive through uses, ATMs and telephones. 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 percent (20%) of the site or 1,000 square feet per vehicle fueling location, whichever is greater. D. All development proposals should show evidence of coordination with the Site Plan as well as arrangement of buildings and planning elements of neighboring properties by: (i) Responding to local development patterns and the streetscape by use of consistent building setbacks, orientation and relationship of structures to the street and linkages to pedestrian facilities; (ii) Seeking shared-access with adjoining commercial uses where feasible to minimize curb cuts and enhance pedestrian and vehicular circulation; (iii) Minimizing cross traffic conflicts within parking areas. E. The Site Plan shall mitigate the negative impacts from site activities on adjoining uses as follows: (i) Service areas, storage areas and refuse enclosures should be oriented away from public view and screened from adjacent sites; (ii) Drive-through windows, menu boards and associated stacking lanes should be oriented away from residential areas or screened from public view; (iii) Auto repair bay openings and car-wash openings should be oriented away from residential uses; (iii) Lighting should be non-invasive to adjoining residential use. F. The Site Plan shall provide identifiable pedestrian access from adjoining public pedestrian routes through the site to the primary building and from

20 Page 20 accessory functions within the site. This can be accomplished by use of special paving colors or textures and appropriately scaled lighting. 2. Architecture. The following architectural guidelines encourage creative response to local and regional context and contribute to the aesthetic identity of the community. A. Building design should consider the unique qualities and character of the surrounding area and be consistent with the city s 2020 Character Area Plans. Where character is not defined by 2020 Community Character Plan, building design should be of a high quality with primary use of durable materials such as masonry, block, or stone. B. A facility occupying a pad or portion of a building within a larger commercial center should be designed to reflect the design elements of that center. C. Drive-through elements should be integrated into the building rather than appear to be applied or stuck-on to the building. D. All sides of a building should express consistent architectural detail and character, with a primary use of durable materials such as brick, masonry block, or in special instances a predominant material found in the surrounding commercial area. Columns should be designed to minimize visual impact. E. Walls, pump island canopies and other outdoor covered areas should be compatible with the building, using similar material, color and detailing. F. To encourage visually interesting roofs, variations in the roof line and treatments such as extended eaves and parapet walls with cornice treatments are encouraged. G. Perceived height and bulk should be reduced by dividing the building mass into smaller-scaled components. Examples of treatments that could be used to avoid excessive bulk and height include: (i) Low-scale planters and site walls. (ii) Wainscot treatment. (iii) Clearly pronounced eaves or cornices. (iv) Subtle changes in material color and texture. (v) Variation in roof forms. (vi) Covered pedestrian frontages and recessed entries. (vii) Deeply set windows with mullions. H. Canopies: (i) Integration of materials on canopies that are similar or compatible to those used on the building or site walls is desirable (e.g., wrap the canopy

21 Page 21 columns with brick that matches the building). Multiple canopies or canopies that express differing masses are encouraged. (ii) Canopy height should not be less than 13-9 as measured from the finished grade to the lowest point on the canopy fascia. The overall height of canopies should not exceed 18. I. All display items for sale, excluding seasonal items (i.e., sand, salt, pop, firewood) should be located within the main building. All outdoor display of seasonal items shall be identified on the Site Plan and be located outside of any required setbacks. No display of seasonal items should exceed 5 in height. 3) Landscape Design. A. Landscaping is integral to the overall design concept and should be carefully planned to enhance the overall appearance and function of the site. B. Landscape buffers with screen fencing should mask the site from adjacent residential uses. Plantings that exceed the minimum Des Moines Landscaping Standards may be required. C. Dense landscaping or architectural treatments should be provided to screen unattractive views and features such as storage areas, trash enclosures, utility cabinets and other similar elements. D. A site design for projects located at a street intersection should provide special landscape treatments, including by way of example perennial plant beds, site walls, native grasses, and decorative sign foundations and housing. E. Proper maintenance and timely replacement of plant material is required and will be enforced based on the approved Site Plan. F. Monument signs are encouraged and are required when the site adjoins a residential district. All freestanding signs are subject to the following regulations: Sec General regulations. (p) Sign exceptions. The regulations applicable to signage in this chapter, including the district regulations, shall be subject to the following exceptions: (4) FSO Freestanding sign overlay district. The intent of the FSO freestanding sign overlay district is to decrease visual clutter along city corridors, streetscapes, and throughout the entirety of the city by requiring height restrictions for freestanding signs and encouraging the use of monument signs. The FSO freestanding sign overlay district applies to all land within the city or hereafter annexed into the city. The