Des Moines, Iowa July 19, 2012 Page 1

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1 Page 1 PRESENT: JoAnne Corigliano, Shirley Daniels, Jacqueline Easley, Tim Fitzgerald, Dann Flaherty, John Jack Hilmes, Ted Irvine, Greg Jones, Will Page, Christine Pardee, Mike Simonson; CJ Stephens and Vicki Stogdill STAFF PRESENT: Mike Ludwig, Erik Lundy, Mike Kelley and Tammy Yaw CJ Stephens made a motion to approve the minutes of June 21, 2012 Plan & Zoning Commission meeting with corrections to Item #4 to reflect that JoAnne Corigliano moved staff recommendation and not Christine Pardee and Item #7 to reflect Christine Pardee and Dann Flaherty voted in opposition not CJ Stephens. Motion carried (Ted Irvine was not in attendance of the June 21, 2012 Plan & Zoning Commission meeting). Jacqueline Easley and Vicki Stogdill joined the 6:10 p.m. Erik Lundy stated that the applicant for Item #6 asked that this item be continued to August 16, 2012 in order for them to meet with the neighborhood association. Ted Irvine moved to continue Item #6 to the August 16 th, 2012 Plan and Zoning Commission meeting. Motion carried Erik Lundy stated that the applicant for Item #1 would like to remove it from the consent agenda. CJ Stephens moved to approve the Consent Agenda Item #2. Motion carried Mike Simonson joined the meeting at 6:15 p.m. CONSENT AGENDA Item #2 Request from the City Traffic Engineer Jennifer Bohac to rename the following segments of the public street system as part of the extension project for Mulberry Street in the southwest part of the Downtown: ( ) A) Renaming a165 l.f. duplicate segment of 15 th Street to Falcon Drive. B) Renaming a 260 l.f. segment of SW 16 th Street to 16 th Street. STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION 1. Purpose of Request: Renaming the segment of 15 th Street between Falcon Drive to the north and Mulberry Street to the south would eliminate confusion caused by having two parallel street segments that are both named 15 th Street. The easternmost segment (between Falcon Drive and Mulberry Street) would be renamed Falcon Drive so that Falcon Drive becomes an L -shaped Street between Mulberry Street and 13 th Street. The proposed renaming of the segment of SW 16 th Street north of West Martin

2 Page 2 Luther King, Jr. Parkway to 16 th Street would cause all segments of the street north of West Martin Luther King, Jr. Parkway to be named 16 th Street. All segments of the street south of West Martin Luther King, Jr. Parkway would remain as Southwest 16 th Street. 2. Size of Site: 165 lineal feet of 15 th Street and 260 lineal feet of SW 16 th Street. 3. Existing Land Use (site): Developed street right-of-way. 4. Adjacent Zoning & Land Use For Segment of 15 th Street: East C-3A, Use is the Churches United Homeless Shelter. West C-3A, Use is undeveloped land owned by the City of Des Moines. 5. Adjacent Zoning & Land Use For Segment of SW 16 th Street: East C-3A Uses include undeveloped land owned by the City of Des Moines, an east/west railroad, and a utility building owned by US Sprint Comm Co, LP. West C-3A, Uses include an east/west railroad and undeveloped parcels owned by the City of Des Moines and Norfolk Southern Railyard. 6. General Neighborhood/Area Land Uses: The segments of streets are located in downtown just north of West Martin Luther King, Jr. Parkway. The area includes a mix of commercial, residential, and parking uses. 7. Applicable Recognized Neighborhood(s): The subject property is located in the Downtown Des Moines Neighborhood. This neighborhood was notified of the Commission meeting by mailing of the Preliminary Agenda on June 29, Additionally, separate notifications of the hearing for this specific item were mailed on July 9, 2012 (10 days) prior to the hearing. A Final Agenda was mailed to the neighborhood associations on July 13, 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 Downtown Des Moines Neighborhood Association notices were mailed to Jonathan Brendemuehl at th Street, #108, Des Moines, IA Additionally, on July 9, 2012, separate notifications of the hearing for this item were mailed to the primary titleholder on file with the Polk County Assessor for each property adjacent to the subject streets. 8. Relevant Zoning History: NA. 9. Applicable Regulations: The Commission reviews all proposed street name changes to determine whether they will have any impact on the essential public good. The recommendation of the Commission is forwarded to the City Council. II. ADDITIONAL APPLICABLE INFORMATION The only property that is addressed along the segment of 15 th Street is the Churches United Shelter at th Street. The only property that is addressed along the segment of Southwest 16 th Street is a utility building owned by US Sprint Comm Op, LP,

3 Page 3 at 101 Southwest 16 th Street. The United States Postal Service will deliver mail to outdated addresses for one year. This allows time to change subscriptions, billings and other records as needed. Abstracts do not need to be changed, as the description of the property is based on the legal description, and not on the street address. III. STAFF RECOMMENDATION TO THE PLAN AND ZONING COMMISSION AND BASIS FOR APPROVAL Staff recommends approval of renaming the subject segment of 15 th Street to Falcon Drive and remaining subject segment of Southwest 16 th Street to 16 th Street. 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 renaming of the subject segment of 15 th Street to Falcon Drive and remaining subject segment of Southwest 16 th Street to 16 th Street. THE VOTE: 12-0 ***************************** **************************************************************************************************** PUBLIC HEARING ITEMS Item #1 Request from Casey s Marketing Company (owner) represented by Brad Church (officer) for review and approval of a Site Plan Casey s Des Moines #2314 under design guidelines for gas stations/convenience stores on property located at 3527 Indianola Avenue, to allow a 15-foot by 40-foot (600-square foot) addition to the west end of the existing building for a kitchen area expansion. ( ) STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION 1. Purpose of Request: The applicant is proposing to construct a 15-foot by 40-foot (600-square foot) addition to the west end of the existing building for a kitchen area expansion. 2. Size of Site: acres (84,750 square feet). 3. Existing Zoning (site): C-1 Neighborhood Retail Commercial District.

4 Page 4 4. Existing Land Use (site): Convenience store with fueling pumps. 5. Adjacent Land Use and Zoning: North C-4, Uses are a commercial shopping center containing Planet Fitness, Dollar General, Aaron s Rental, Goodwill, Hy-Vee, CiCi s Pizza, and parking areas South R1-60, Uses are single-family dwellings, Evergreen Avenue right-of-way, and Indianola Avenue right-of-way. East R1-60, Use is a single-family dwelling. West C-2, Uses are a single-family dwelling, Burger King, and Indianola Avenue right-of-way. 6. General Neighborhood/Area Land Uses: The subject property is an 84,750 square-foot irregular shaped parcel. The property has 200 feet of frontage along Evergreen Avenue and 320 feet of frontage along Indianola Avenue. It is located in a commercial area just east of SE 14 th Street and contains an existing Casey s General Store. 7. Applicable Recognized Neighborhood(s): The subject property is located in the Pioneer Park Neighborhood and is within 40 feet of the Ewing Woods Evergreen Neighborhood. These neighborhoods were notified of the Commission meeting by mailing of the Preliminary Agenda on June 29, Additionally, separate notifications of the hearing for this specific item were mailed on July 9, 2012 (10 days) prior to the hearing. A Final Agenda was mailed to the neighborhood associations on July 13, 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 Pioneer Park Neighborhood Association notices were mailed to Carole Jones at 1603 Pioneer Road. The Ewing Woods Evergreen Neighborhood notices were mailed to Lisa Treptow at 3600 SE 19 th Street. No neighborhood meeting is required as this not a rezoning request. 8. Relevant Zoning History: N/A Community Character Land Use Plan Designation: Commercial: Auto- Oriented, Small-Scale Strip Development. 10. Applicable Regulations: Any Site Plan application which includes property used as a gas station or convenience store shall be approved by the Plan and Zoning Commission if the proposed Site Plan conforms with the design regulations in Section 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:

5 Page 5 1. Site Design. A. The optimal layout of any individual site requires an in-depth understanding of local context and a thorough site analysis. The components of a gas station and convenience store to be considered in site design include, but are not limited to: (i) Primary structure/retail sales building/single or multiple tenant; (ii) Pump island, canopy structure, and lighting; (iii) Refuse, service and storage area; (iii) Circulation systems and parking; (iv) Service bays; (v) Ancillary uses such as car washes, drive through uses, ATMs and telephones. The proposed addition is appropriate given the layout and placement of the existing facilities. B. Maximum size of site should not exceed two (2) acres without a rezoning to a PUD Planned Unit Development pursuant to Chapter 134, Division 13 of the Municipal Code of the City of Des Moines and site review under a Conceptual Plan approved by the Plan and Zoning Commission and City Council. The subject property is acres. C. Minimum open space should be 20 percent (20%) of the site or 1,000 square feet per vehicle fueling location, whichever is greater. The applicant is not proposing any new fueling locations. The site has 8 locations. Twenty percent of the proposed site is equivalent to 16,950 square feet, which is more than the 8,000 square feet required for 8 fueling locations. The site would have 51,365 square feet of open space if the addition is constructed, which exceeds the required minimum. D. All development proposals should show evidence of coordination with the Site Plan as well as arrangement of buildings and planning elements of neighboring properties by: (i) Responding to local development patterns and the streetscape by use of consistent building setbacks, orientation and relationship of structures to the street and linkages to pedestrian facilities; (ii) Seeking shared-access with adjoining commercial uses where feasible to minimize curb cuts and enhance pedestrian and vehicular circulation; (iii) Minimizing cross traffic conflicts within parking areas. The submitted plan does not indicate any pedestrian circulation from both Indianola Avenue and Evergreen Avenue. Staff believes that a pedestrian connection is necessary from Evergreen Avenue due to the proximity to a residential district. Staff recommends locating it on the east side of the eastern most drive approach of the site in order to avoid pedestrian/vehicle conflict.

6 Page 6 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. Staff believes the existing site and the proposed addition generally conform to these provisions. There are no auto repair bays or drive-through windows. The existing trash enclosure is constructed of masonry material with solid wood gates. The appellant has indicated installing new solid wood gates. Staff does not believe this material meets the requirements set forth in the Zoning Ordinance. Staff recommends providing opaque steel gates that are compatible with existing convenience store. Furthermore, the lighting photometric plan at the southeast corner of the lot exceeds the maximum footcandle levels permitted by the Convenience Store Guidelines 0.5 footcandle along residential property lines. Staff recommends the lighting levels be brought into compliance through options such as; replacing the light fixture with LED lights, or shielding/directing the light away from the residential property. 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. Public sidewalk exists along Indianola Avenue and Evergreen Avenue. However, staff believes that a public sidewalk should be extended from Evergreen Avenue on the east side of the eastern most drive approach to a point east of the existing convenience store and then connecting to the front entrance of the building with a private pedestrian walk. There shall be appropriate paving markings where the pedestrian path crosses the parking lot. 2. Architecture. The following architectural guidelines encourage creative response to local and regional context and contribute to the aesthetic identity of the community. A. Building design should consider the unique qualities and character of the surrounding area and be consistent with the city s 2020 Character Area Plans. Where character is not defined by 2020 Community Character Plan, building design should be of a high quality with primary use of durable materials such as masonry, block, or stone. The proposed addition will be located on the west façade of the existing convenience store. The submitted elevation indicates using brick on the south and west façades that matches the existing convenience store and steel

7 Page 7 sheeting on the north façade. Staff believes that the brick exterior proposed should be applied to all three sides of the addition. Note: The addition of durable materials such as brick or masonry make the project eligible for Commercial Tax Abatement. B. A facility occupying a pad or portion of a building within a larger commercial center should be designed to reflect the design elements of that center. N/A. C. Drive-through elements should be integrated into the building rather than appear to be applied or stuck-on to the building. N/A. D. All sides of a building should express consistent architectural detail and character, with a primary use of durable materials such as brick, masonry block, or in special instances a predominant material found in the surrounding commercial area. Columns should be designed to minimize visual impact. The proposed addition is comprised primarily of brick on the south and west façades that matches the existing convenience store and steel sheeting on the north façade. Staff believes that the brick exterior proposed should be applied to all three sides of the addition meeting the design guideline. E. Walls, pump island canopies and other outdoor covered areas should be compatible with the building, using similar material, color and detailing. The applicant is not proposing changes to the existing canopy structure. F. To encourage visually interesting roofs, variations in the roof line and treatments such as extended eaves and parapet walls with cornice treatments are encouraged. The proposed addition would have a flat roof with a duralast membrane applied to all parapets. The proposed flat roof would not be visible. 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. (v) Subtle changes in material color and texture. (vi) Variation in roof forms. (vii) Covered pedestrian frontages and recessed entries. (vii) Deeply set windows with mullions. The proposed design uses horizontal brick soldier coursing and stone quoins accenting the building corners to divide of the vertical height of the building. A metal roof edge is proposed to define the parapet.

8 Page 8 H. Canopies: (i) Integration of materials on canopies that are similar or compatible to those used on the building or site walls is desirable (e.g., wrap the canopy columns with brick that matches the building). Multiple canopies or canopies that express differing masses are encouraged. (ii) Canopy height should not be less than 13-9 as measured from the finished grade to the lowest point on the canopy fascia. The overall height of canopies should not exceed 18. The applicant is not proposing any changes to the canopy structure. I. All display items for sale, excluding seasonal items (i.e., sand, salt, pop, firewood) should be located within the main building. All outdoor display of seasonal items shall be identified on the Site Plan and be located outside of any required setbacks. No display of seasonal items should exceed 5 in height. The submitted Site Plan does not identify any outdoor display areas. Outdoor display will be prohibited unless the applicant identifies display areas on their Site Plan. 3. Landscape Design. A. Landscaping is integral to the overall design concept and should be carefully planned to enhance the overall appearance and function of the site. B. Landscape buffers with screen fencing should mask the site from adjacent residential uses. Plantings that exceed the minimum Des Moines Landscaping Standards may be required. No fencing is required nor proposed for screening on the proposed site. C. Dense landscaping or architectural treatments should be provided to screen unattractive views and features such as storage areas, trash enclosures, utility cabinets and other similar elements. The existing trash enclosure is constructed of masonry materials that match the building. It is significantly set back from Evergreen Avenue. Plant material is discussed in Section II, subparagraph 2 of this report. D. A site design for projects located at a street intersection should provide special landscape treatments, including by way of example perennial plant beds, site walls, native grasses, decorative sign foundations and housing. The site is located on the northeast corner of the Indianola Avenue and Evergreen Avenue intersection. Plant material is discussed in Section II, subparagraph 2 of this report.

9 Page 9 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 applicant is not proposing any alterations to the existing pole sign. 4. Lighting. A. Lighting of gas stations and convenience stores should enhance safety and provide light levels appropriate to the visual task with minimal glare, light trespass and excess site brightness. Lighting should not be a nuisance or a hazard. B. Direct light trespass beyond property lines is prohibited. The maximum horizontal illuminance at grade and the maximum vertical illuminance at five feet above grade measured at the property line should not exceed Illuminating Engineering Society of North AmErika (IESNA) recommended practices for light trespass. (0.5 footcandles for residential, 2.0 footcandles for commercial). The Site Plan must contain illuminance models showing light levels throughout the site. Based on existing adjoining zoning, lumens outside the east property line should not exceed 0.5 footcandles and lumens outside the north, west, and south property lines should not exceed 2.0 footcandles. The submitted photometric plan uses the necessary methodology for measurements at the property lines. There are some measurements on the east property line that exceed the 0.5 footcandle threshold with the highest being 19.3 footcandles near the southeast corner of the site. Staff recommends the lighting levels be brought into compliance through options such as; replacing the light fixture with LED lights, or shielding/directing the light away from the residential property. C. Light fixtures mounted under canopies should be completely recessed into the canopy with flat lenses that are translucent and completely flush with the bottom surface (ceiling) of the canopy. Generally, lights shall not be mounted on the top or sides (fascias) of the canopy and internally illuminated/entirely translucent canopies should be prohibited. However, accent lighting on the sides (fascias) of the canopy may be permitted. The submitted information does not indicate if the canopy light fixtures will be completely recessed or not. Staff recommends that meeting this guideline be a condition of approval. D. Parking Lot and Site Lighting: (i) All luminaries should be of full cut-off design, aimed downward and away from the property line; (ii) Maximum pole heights should not exceed 20.

10 Page 10 The existing pole mounted lights comply with these guidelines. No new pole lights are proposed. F. Building-Mounted Lighting: (i) All luminaries should be a full cut-off design and aimed downward. (ii) All luminaries should be recessed or shielded so the light source is not directly visible from the property line. The applicant is proposing to reuse existing building mounted lights on the addition. The existing building mounted lights comply with these guidelines. 1. ADDITIONAL APPLICABLE INFORMATION 1. Drainage/Grading: All grading is subject to an approved grading permit and soil erosion control plan. The applicant is required to demonstrate compliance with the City s Stormwater Management requirements to the satisfaction of the City s Permit and Development Center. The applicant is proposing to use the existing swale along the northern part of the lot to drain to storm water detention facility, which controls the rate of storm water release from the site to a storm sewer line located on the north commercial property. 2. Landscaping & Buffering: The submitted design indicates four (4) Autumn Purple Ash Trees within the perimeter planting area. The Autumn Purple Ash Tree is no longer on the City s approved planting list due to the threat of Emerald Ash Borer. Staff recommends the proposed Autumn Purple Ash Trees be substituted by an overstory tree from the approved Recommended Species List. 3. Access/Parking: The proposed Site Plan provides an access drive from each of the two (2) street frontages. The primary entrances are off Indianola Avenue and Evergreen Avenue. The site currently has 13 parking spaces in addition to the fueling stations. The Zoning Ordinance requires a minimum of 9 parking space for the existing building and 2 spaces for the addition for a convenience store use with fuel sales. III. STAFF RECOMMENDATION TO THE PLAN AND ZONING COMMISSION AND BASIS FOR APPROVAL Staff recommends approval of the requested Site Plan subject to the following: 1. Compliance with all administrative review comments by the Permit and Development Administrator. 2. Provision of a pedestrian walkway along the east edge of the eastern approach from Evergreen Avenue to the pedestrian walk along the storefront. 3. Provision of brick on the north façade of the proposed addition compatible with the primary materials of the convenience store.

11 Page Provision that the Autumn Purple Ash overstory tree plantings within the perimeter area along Indianola Avenue and Evergreen Avenue be substituted by an overstory tree from the approved Recommended Species List. 5. Provision on the plan for any outdoor merchandise storage areas anticipated in accordance with the gas station/convenience store design guidelines. 6. Provision of a revised lighting photometric plan compliant with the design guidelines prior to final approval. The measurements at the east property line should be reduced to the 0.5 footcandle illumination. 7. All under canopy lighting fixtures shall be completely recessed with a flat lens that is translucent, and completely flush with the bottom of the canopy or entirely recessed. 8. Provision of a note on the Site Plan that states the required landscaping, both existing and proposed, shall be maintained for the life of the Certificate of Occupancy. 9. Provisions of a masonry or block refuse collection container enclosure with solid metal gates. SUMMARY OF DISCUSSION Erik Lundy presented the staff report and recommendation. Greg Jones noted that the addition has 3 exterior walls. He asked for clarification if staff is requesting brick on all three sides or two. Erik Lundy stated he believes the applicant would still use brick on the west façade and south façade so it would be the north façade that they want to maintain the same material of bronze metal instead of brick. Rich Ayers Environmental Design Group, 6601 Westown Parkway, West Des Moines stated they are requesting the Commission s input on the requirements to place brick on the back side of the building. They would like the back side of the building to remain bronze metal instead of brick. JoAnne Corigliano asked if there has been any response from the neighbor at 1502 Evergreen. Erik Lundy stated notices are mailed to property owners within 250 feet but response cards are not sent out on site plans. However, anyone can come into the office and view the plan and leave any comments they might have. No one came in to view the plan. Tim Fitzgerald stated that the required standards should remain and require on the back side. Rich Ayers stated they are adding 15 feet of brick which is 18 percent of the rear wall. They believe the brick required for the back side would look junky.

12 Page 12 CHAIRPERSON OPENED THE PUBLIC HEARING There was no one to speak in favor or in opposition of the applicant s request. CHAIRPERSON CLOSED THE PUBLIC HEARING Erik Lundy stated that the applicants request to waive brick on the rear of the building might jeopardize the eligibility for tax abatement. COMMISSION ACTION: Greg Jones moved to approve the requested Site Plan subject to the following: 1. Compliance with all administrative review comments by the Permit and Development Administrator. 2. Provision of a pedestrian walkway along the east edge of the eastern approach from Evergreen Avenue to the pedestrian walk along the storefront. 3. Provision of brick on the north façade of the proposed addition compatible with the primary materials of the convenience store. 4. Provision that the Autumn Purple Ash overstory tree plantings within the perimeter area along Indianola Avenue and Evergreen Avenue be substituted by an overstory tree from the approved Recommended Species List. 5. Provision on the plan for any outdoor merchandise storage areas anticipated in accordance with the gas station/convenience store design guidelines. 6. Provision of a revised lighting photometric plan compliant with the design guidelines prior to final approval. The measurements at the east property line should be reduced to the 0.5 footcandle illumination. 7. All under canopy lighting fixtures shall be completely recessed with a flat lens that is translucent, and completely flush with the bottom of the canopy or entirely recessed. 8. Provision of a note on the Site Plan that states the required landscaping, both existing and proposed, shall be maintained for the life of the Certificate of Occupancy. 9. Provisions of a masonry or block refuse collection container enclosure with solid metal gates. THE VOTE: 9-4 (Tim Fitzgerald, Dann Flaherty, Ted Irvine and Will Page voted in opposition). ***************************** *****************************

13 Page 13 Item #3 - WITHDRAWN - Request from Lazarus Investments, LLC (purchaser) represented by Jason Drewelow (officer) to rezone property located at 1100 Euclid Avenue. The subject property is owned by Kenneth Johnson: A) Determination as to whether the proposed amendment is in conformance with the Des Moines 2020 Community Character Plan. B) Amend the Des Moines 2020 Community Character Plan future land use designation from Low/Medium Density Residential to Commercial: Pedestrian- Oriented, Neighborhood Node. ( ) C) Rezone from R-2 Two-Family Residential District to Limited C-1 Neighborhood Retail Commercial District, to allow for redevelopment of the property for a dental clinic. (ZON )) Item #4 ***************************** ***************************** Request from Timber Creek Homes, LLC (owner) represented by John Walker (officer) to rezone property located at 2007 East 33 rd Street: A) Determination as to whether the proposed amendment is not in conformance with the Des Moines 2020 Community Character Plan. B) Amend the Des Moines 2020 Community Character Plan future land use designation from Low Density Residential to Low/Medium Density Residential ( ) C) Rezone from R1-60 One-Family Low-Density Residential District to R-2 Two- Family Residential District, to allow for development of the property for two-family dwelling. (ZON ) STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION 1. Purpose of Request: The applicant is proposing to develop the vacant property with a two-family dwelling. A development concept was submitted that proposes a two-story building with a shared front center portico providing access to separate stoop front entrances facing East 33rd Street. Each unit is proposed to have a separate driveway directly in front of the unit. 2. Size of Site: 62-foot wide by 140-foot depth (8,750 square feet). 3. Existing Zoning (site): R1-60 One-Family Low-Density Residential District. 4. Existing Land Use (site): Vacant land.

14 Page Adjacent Land Use and Zoning: North R1-60, Use is a one-story two-family dwelling. South R1-60, Use is a split-foyer two-family dwelling. East R1-60, Use is the Mid-Eastern Council on Chemical Abuse (MECCA) outpatient chemical abuse treatment clinic. West R1-60, Uses are single-family dwellings. 6. General Neighborhood/Area Land Uses: The subject property is located at the southeast corner of the intersection of Easton Boulevard and East 33rd Street, on parcel south of the corner parcel. The property is located in a predominantly lowdensity residential neighborhood. 7. Applicable Recognized Neighborhood(s): The subject property is located in the Gray s Woods Neighborhood and is within 250 feet of both the ACCENT Neighborhood and the Sheridan Gardens Neighborhood. These neighborhoods were notified of the meeting by mailing of the Preliminary Agenda on June 29, Additionally, separate notifications of the hearing for this specific item were mailed on June 29, 2012 (20 days prior) and July 9, 2012 (10 days prior to the scheduled hearing). A Final Agenda was mailed to the neighborhood associations on July 13, 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 Grays Woods Neighborhood Association mailings were sent to Karen Shoopman at 3804 Indianapolis Avenue. The ACCENT Neighborhood mailings were sent to Marian Wynn at 2413 Elizabeth Avenue. The Sheridan Gardens Neighborhood mailings were sent to Christine Larson at 2721 East 39th Street. The applicant has scheduled a neighborhood meeting on-site for Wednesday, July 18, The applicant will present a summary of the neighborhood meeting to the Commission on July 19, Relevant Zoning History: N/A Community Character Land Use Plan Designation: Low Density Residential. 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. Should the applicant be denied rezoning by the City Council, they may submit an appeal to the Board of Adjustment for a Use Variance to allow the proposed use under provisions in Sec (2). This would require the owner to demonstrate unique

15 Page 15 circumstances have created an unnecessary hardship by not allowing the property to be used for other than uses permitted in the R1-60 District. However, the rezoning be granted, or following its denial a Use Variance be granted, to allow a two-family dwelling use on the property; then additional zoning relief will also be necessary from the Board of Adjustment regarding lot width and if a Use Variance regarding lot area. II. ADDITIONAL APPLICABLE INFORMATION 1. Natural Site Features: The subject property is vacant property. There is a significant number of mature trees on the northern and eastern portion of the property. Given an existing platted lot of this size, development of a two-family dwelling would not require any mitigation under the City s Tree Preservation Ordinance for trees that would be removed. The eastern third of the property which contains the trees also has a steep slope of approximately 25% gradient dropping toward the east. This slope will hinder the ability to develop detached accessory buildings within the rear yard area of any proposed two-family dwelling. 2. Access/Parking: Two-family dwellings are required to provide a minimum of one off-street parking space per unit to be located outside of the minimum front yard setback. In this instance, an existing paved drive approach is located off of East 8th Street. The proposed concept does not designate any off-street parking spaces outside of the calculated average, minimum required 34.5-foot front yard setback. The proposed layout shows two separate drive entrances extending 30 feet from the East 33rd Street to a point in the front of the proposed two-family dwelling. The proposed layout does indicate 10-foot side yard setbacks which would alternatively allow for drive entrances to be extended into the side yards to meet this requirement Community Character Plan: The Des Moines 2020 Community Character Plan projects the area for Low Density residential including two-family units in existence before In addition the Gray s Woods Neighborhood Plan indicates that this area is to be reserved for future Low Density Residential development which by definition in the Des Moines 2020 Community Character Plan is limited to single-family dwellings. The requested rezoning would require amendment to a Low/Medium Density Residential designation. The property adjoining to the north and the two properties immediately adjoining to the south of the subject property are built-as two-family dwellings. The character of the proposed design concept and exterior materials would be compatible with the residential design elements of these existing two-family dwellings and other nearby single-family dwellings. However, staff believes that an amendment of the land use designation and rezoning would not be appropriate for the subject property given the remaining surrounding predominance of single-family dwellings in the immediate area. Additionally the property does not meet the lot area and lot width requirements under the current standards for two-family dwellings in the proposed R-2 District. III. STAFF RECOMMENDATION TO THE PLAN AND ZONING COMMISSION AND BASIS FOR APPROVAL Part A) Staff recommends that the proposed rezoning be found not in conformance with the current Des Moines 2020 Community Character Plan.

16 Page 16 Part B) Staff recommends denial of the requested amendment to the Des Moines 2020 Community Character Plan future land use designation from Low Density Residential to Low/Medium Density Residential. Part C) Staff recommends denial of the requested rezoning. SUMMARY OF DISCUSSION Erik Lundy presented the staff report and recommendation. Greg Jones asked if the duplexes to the south are on 62 foot wide lots. Erik Lundy stated yes they are and might be a little larger. Greg Jones stated the duplexes where built in the 60 s when most of the City was R-2. So did this lot get down zoned at some point? Erik Lundy stated the property was rezoned in When most of the city was R-2 they rezoned it to R1-60. John Walker 4975 Andrews Place, Pleasant Hill, IA stated he agrees with staff regarding difficulty of building on that lot. However, he has a plan. His plan is to remove the dirt for foundation that would go into a wall along the northern side of the property. He believes that a driveway can now be put on the south side of the property instead of the front with the possibility of a garage in the future. It s a great lot and a great neighborhood. He believes that the duplexes are best use for the lot. Right now it is an eyesore. It is vacant and full of trash with people parking on the property. He is just trying to improve the neighborhood. CHAIRPERSON OPENED THE PUBLIC HEARING There was no one to speak in favor of the applicant s request. The following spoke in opposition of the applicant s request: Karen Shoopman 3804 Indianapolis Avenue, Chair of the Grays Wood Neighborhood Association passed out a copy of her remarks for all the commissioners and one for the record (See attached). On July 9 th, 2012 GWNA Board of Directors unanimously voted to oppose the request for Mr. John Walker to rezone property located at 2007 E. 33 rd Street from R1-60 to R-2. The neighborhood association met with the applicant Wednesday, July 18, 2012 on site where the GWNA suggested the applicant build a single-family home instead of building a duplex. Mr. Walker stated that the lot is not large enough for single-family housing. Rebuttal John Walker stated that he believes that he said a duplex will fit in this Neighborhood better then a single-family home. This is a great neighborhood except for the vacant lots that are eyesores. They need structures or parks. He believes that this is the best use for this lot and it fits in with the neighborhood.

17 Page 17 Jack Hilmes asked how long the lot has been vacant. John Walker stated the lot has been vacant for years. Polk County Assessor shows that it has never had a structure on it. Jack Hilmes asked if the applicant had a chance to talk to the owner at 2004 E. 33 rd who has been there for 60 years. John Walker stated that he believes the owner of 2004 E. 33 rd was at the meeting Wednesday, July 18, Jack Hilmes stated that the owner of 2004 E. 33 rd comments on the response card that this lot was filled with concrete, asphalt and other waste materials. Is it true that this is a fill lot with concrete, asphalt and other waste materials on it? John Walker stated that the lot has less than the other lots next to it. It is full in the back but the fill has been there for a long time. John Hilmes stated on Google Earth it currently looks like the property is getting used as a parking lot. John Walker stated that is the way it looks and he will have those cars removed. He doesn t want his property to be an eyesore. John Hilmes stated that there is some concern about the intersection with turn lanes. Have you addressed that in the neighborhood meeting? John Walker stated that wasn t brought up in the meeting. However, on the site plan the driveway would be in back and have a place to turn around. CJ Stephens asked does he plan to live in the building or is his plan to be an absentee landlord? John Walker stated that he would be an absentee landlord. However, he is absentee landlord with all his other rentals in the metro area. Tim Fitzgerald asked if the applicant had considered building a single-family home for rental purposes. John Walker stated that he did run the numbers but could not get it to work out. He believes that not even the sale of a single-family property would work. The viable use is a duplex. CHAIRPERSON CLOSED THE PUBLIC HEARING COMMISSION ACTION: Christine Pardee moved staff recommendation Part A) to find the proposed rezoning not in conformance with the current Des Moines 2020 Community Character Plan, Part B) denial of the request to amend the Des Moines 2020 Community Character Plan

18 Page 18 future land use designation from Low Density Residential to Low/Medium Density Residential, and Part C) the denial of the requested rezoning. THE VOTE: 11-2 (Greg Jones and Mike Simonson voted in opposition) Item #5 ***************************** ***************************** Request from Hubbell Realty Company (owner) represented by Steve Niebuhr (officer) for review and approval of a Site Plan Melbourne Apartments Phase II under design guidelines for multiple-family residential on property located at 5515 Southeast 14 th Street, to allow development of 62 additional residential units within two three-story apartment buildings. ( ) STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION 1. Purpose of Request: The applicant is proposing to construct two 3-story apartment buildings as the second phase of the Melbourne Apartments development. The proposed buildings would be accessed by extending the driveways and parking areas within the existing multiple-family residential development with 84 dwelling units. The proposed northernmost apartment building would contain 32 units and the proposed southernmost building would contain 30 units, for a total of 62 additional dwelling units. 2. Size of Site: The Site Plan includes 5.01 acres (218,236 square feet) and is part of a larger parcel that contains acres (814,365 square feet). The proposed 62 dwelling units on 5.01 acres represent a density of dwelling units per acre. 3. Existing Zoning (site): Limited R-3 Multiple-Family Residential District. 4. Existing Land Use (site): Vacant land. 5. Adjacent Land Use and Zoning: North Limited C-2, Use is Dino s Storage mini-warehousing. South C-2 & R1-80, Uses are Tasty Taco restaurant, warehouse/office, and single-family residential dwellings. East R1-80, Use is undeveloped land. West C-2, Use is the existing multiple-family residential development that includes 84 dwelling units within three buildings, a clubhouse, a playground, and a splash-pad.

19 Page General Neighborhood/Area Land Uses: The subject property is located along the Southeast 14 th Street major commercial corridor, which generally consists of autooriented commercial uses. Single-family residences are located adjacent to the south. 7. Applicable Recognized Neighborhood(s): The subject property is located in the Easter Lake Area Neighborhood. This neighborhood was notified of the Commission meeting by mailing of the Preliminary Agenda on June 29, Additionally, separate notifications of the hearing for this specific item were mailed on July 9, 2012 (10 days) prior to the hearing. A Final Agenda was mailed to the neighborhood associations on July 13, 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 Easter Lake Area Neighborhood Association notices were mailed to Jim Bollard at 4007 SE 26 th Street, Des Moines, IA The applicant is not required to hold a neighborhood meeting since the request is not for a rezoning. Additionally, separate notifications of the hearing for this item were mailed to the primary titleholder on file with the Polk County Assessor for each property within 250 feet of the site on July 9, Zoning History: On October 9, 2006, the site was rezoned by Ordinance #14,595 to Limited R-3 District, subject to the following zoning conditions: A. Only the following uses of structures and land shall be permitted upon the Property: 1. Any use allowed in and as restricted in the "R1-80" One-Family Residential District. 2. Multiple-family senior residential housing. B. None of the trees over 4 inch in caliper measured one foot above the ground shall be removed from the Property until a tree mitigation plan is approved by the City incident to the approval of a site plan or grading permit. C. Any development of the Property is subject to provision of storm water management in accordance with State Wide Urban Design and Specifications (SUDAS) standards for a two-year frequency storm event developed release rate. D. Any development of the Property will incorporate conservation design methods for mitigation of storm water runoff from more frequent than two-year storm events. E. Any site plan or platting of the Property for multiple-family residential use shall include a professionally prepared traffic study and access to the subject property shall be based on the traffic study as reviewed and approved by the City Traffic Engineer. F. In the site plan review process, the design and materials for any multiple-family structure built on the Property shall be reviewed by the City for compatibility with the adjoining residential properties. On May 18, 2009, the zoning conditions were amended by Ordinance #14,854 to remove the condition limiting any multiple-family residential use to senior housing, subject to the developer agreement upon terms set forth in Council Communication No The Council also directed the City Manager to ensure the conditions approved by Council related to the final passage of zoning amendments are

20 Page 20 implemented. These conditions include: 1) to refer the water issues along Diehl, and other infrastructure needs in the area to the City Manager for further review in conjunction with TIF review and other possible funding sources; 2) no site plan is to be approved for the property contrary to Council Communication Number or the Hubbell letter submitted on this item; 3) to direct the City Clerk, Legal, and Community Development Departments to immediately notify Council and put an item on the agenda for a Council-initiated rezoning of the property if a site plan is submitted contrary to the Council Communication or Hubbell letter; if a site plan is submitted by someone other than Hubbell, or if there is a change in ownership of the property; and 4) to direct that Council Member Meyer be kept in the loop on any communication on this project. Copies of Council Communication Number and the Hubbell letter mentioned in the previous paragraph are included with this staff report. The conditions contained in Council Communication No are generally as follows: The total number dwelling units on the parcel proposed for rezoning should be reduced from 240 to 216 by eliminating one, 24-unit building from the conceptual sketch. The proposed Site Plan includes two of six buildings that may be constructed in the overall build-out of the site. These two buildings would contain a total of 62 dwelling units. (Note: this does not include Phase I of the Melbourne Apartments development with 84 dwelling units, which is within a portion of the development that is zoned C-2 District.) The proposed buildings should be concentrated on the northern two-thirds of the site per the revised layout. The proposed Site Plan conforms with this condition. The southernmost 36-unit building should be restricted to tenants who are 55 years of age or older. The proposed Site Plan does not include the potential future southernmost building that would be restricted to tenants who are 55 years of age or older. Parking should be concentrated on the north and south sides of the northern portion of the loop drive and that parking should be limited to the north side of the southern portion of the loop drive. The proposed Site Plan conforms to this condition. A berm with a 6-foot fence on top and landscaping on both sides of the fence along the south boundary should be installed at the beginning of that phase to prevent run-off during construction and to provide an immediate buffer to neighbors during construction. It appears the Site Plan provides a 1-foot tall berm, but additional details are necessary to ensure the berm will be sufficient in diverting stormwater away from the adjoining properties. The proposed Site Plan also must state that this berm

21 Page 21 will be constructed at the beginning of the phase. The Site Plan proposes a 6- foot tall chain link fence that must be revised to a 6-foot tall solid fence. The Site Plan demonstrates that for every 100 lineal feet of property line, 8 evergreen trees will be provided on the south side (outside) of the fence and 4 overstory trees will be provided on the north side (inside) of the fence. Intersection improvements and access drive through the Tasty Taco s site should be constructed with Phase 1 of the development. Intersection improvements and the access drive through the Tasty Tacos site were constructed with Phase I. No access drive should be constructed where the leg of the subject property extends to E. Diehl Avenue. The proposed Site Plan conforms with this condition. Native plants and grasses should be planted on the slope between the parking and the south boundary to absorb stormwater. The Site Plan provides grass within a bioretention swale near the south boundary, but additional details are necessary to ensure the grasses as proposed will achieve the intent of this condition Community Character Land Use Plan Designation: Medium Density Residential. 10. Applicable Regulations: The Plan and Zoning Commission reviews and approves site plans for multiple family dwellings, boarding houses or rooming-houses in accordance with the design standards in section of the City Code. The decision to approve, approve subject to conditions, or disapprove a proposed site plan shall be based upon the conformance of the site plan with the following design standards. A. Architectural character. New developments and alterations to existing development in or adjacent to existing developed areas shall be compatible with the existing architectural character of such areas by using a compatible design. Compatibility may be achieved through techniques such as the repetition of roof lines, the use of similar proportions in building mass and outdoor spaces, similar relationships to the street, similar window and door patterns, and/or the use of building materials that have color shades and textures similar to those existing in the immediate area of the proposed development. Brick and stone masonry shall be considered compatible with wood framing and other materials. The proposed development would consist of two, 3-story apartment buildings. The design of the apartment buildings is similar to that of the three existing multiple-family residential buildings to the west. The proposed buildings would primarily (60%) consist of brick masonry with the balance being horizontal overlap fiber cement board siding. Other exterior elements include asphalt shingles, metal windows and decks. Staff recommends that the asphalt shingles be architectural-style in design.