Page 1 PRESENT: Francis Boggus, Dory Briles, JoAnne Corigliano, David Courard-Hauri, Jacqueline Easley, Jann Freed, John Jack Hilmes, Lisa Howard, Carolyn Jenison, Greg Jones, Will Page, Mike Simonson, Rocky Sposato, Steve Wallace and Greg Wattier ABSENT: none STAFF PRESENT: Mike Ludwig, Erik Lundy, Glenna Frank, and JoAnn Slater Carolyn Jenison joined the meeting at 6:02 pm John Jack Hilmes moved to approve the minutes of the August 3, 2017, Plan & Zoning Commission meeting. Motion carried 11-0-3. (Greg Wattier, Will Page and Lisa Howard abstained because they were absent from the August 3, 2017 Plan & Zoning Commission meeting. Rocky Sposato was not yet present). Jacquie Easley noted that the applicant for Item #1 has requested a continuance to the September 7, 2017 P&Z meeting. She asked if anyone was present that wanted to speak on the item. None were present or requested to speak. Jack Hilmes moved to continue Item #1 to the September 7, 2017 P&Z meeting. Motion Carried 14-0 (Rocky Sposato was not yet present). Jacquie Easley asked if anyone in the audience or anyone on the Commission had any concerns regarding Item #7. None opposition was present or requested to speak. The applicant noted they were in agreement with the Staff recommendation. Jann Freed made a motion to move Item #7 to the Consent Agenda. Motion carried 14-0 (Rocky Sposato was not yet present). Jacquie Easley asked if anyone in the audience or any of the Commissioners had any concerns regarding Consent Agenda Items 2, 3, 4 or 7. Rocky Sposato joined the meeting at 6:06 pm Will Page asked to hear item # 4. There were no other requests. Greg Jones made a motion to approve remaining Consent Agenda Items 2, 3 and 7. Motion carried 15-0. CONSENT PUBLIC HEARING ITEMS Item 1 Request from Request from Bronson Partners, LLC (owner), 1417 Walnut Street, for vacation of a segment of north/south alley between 14 th Street and 15 th Street from Walnut Street to the east/west alley, to allow for use as an outdoor patio service area for a restaurant. (11-2017-1.11)
Page 2 The applicant has requested that item #1 be continued to the September 7, 2017 meeting of the Commission. This will allow time for additional analysis of the project by the applicant and staff. Staff supports the requested continuance. STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION 1. Purpose of Request: The proposed vacation would allow the subject right-of-way segment to be used as an outdoor patio for a restaurant in the adjoining building. Any future use of the right-of-way must be in accordance with all Site Plan policies. 2. Size of Site: 17 feet by 84 feet (1,328 square feet) of alley right-of-way. 3. Existing Zoning (site): C-3A Central Business District Commercial District, GGP Gambling Games Prohibition Overlay District, D-O Downtown Overlay District, and FSO Freestanding Sign Overlay District. 4. Existing Land Use (site): The north/south right-of-way contains a paved alley that provides access to the east/west alley to the north of the subject property. 5. Adjacent Land Use and Zoning: North C-3B ; Use is an east/west alley that is the main alley for the surrounding properties. South C-3B ; Use is the Walnut Street right-of-way. East C-3B ; Use is a surface parking lot owned by Saga Communications of Iowa, LLC. West C-3B ; Use is a 2-story building that is being repurposed to office and retail uses. 6. General Neighborhood/Area Land Uses: The subject right-of-way segment is located in Downtown Des Moines, which contains of a mix of commercial and residential uses. 7. Applicable Recognized Neighborhood(s): The subject property is located in the Downtown Des Moines Neighborhood. The neighborhood association was notified of the meeting by mailing of the Preliminary Agenda to all recognized neighborhood associations on July 28, 2017 and by mailing of the Final Agenda on August 11, 2017. Additionally, separate notifications of the hearing for this specific item were mailed on August 7, 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.
Page 3 8. 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 Historic East Village Neighborhood Association notices were mailed to Tony Filippini, 1719 Grand Avenue #210, Des Moines, IA 50309. 9. Relevant Zoning History: None. 10. PlanDSM: Creating Our Tomorrow Plan Land Use Plan Designation: The subject right-of-way segment is within an area designated as Downtown Mixed Use on the Plan DSM future land use map. The plan defines this category as mixeduse, high density residential uses, and compact combinations of pedestrianoriented retail, office, residential, and parking in downtown. 11. 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: Easements must be reserved for any existing utilities until such time that they are abandoned or relocated. There are no identified sewer, water, or electrical facilities within the right-of-way at this time. 2. Street System/Access: The requested alley right-of-way is not needed for a public purpose as it is one of several means of access for the existing east/west alley. The existing east/west alley that bisects the block would remain. III. STAFF RECOMMENDATION TO THE PLANNING COMMISSION Staff recommends the item be continued to the September 7, 2017 meeting of the Commission. SUMMARY OF DISCUSSION Jacquie Easley noted that the applicant for Item #1 has requested a continuance to the September 7, 2017 P&Z meeting. She asked if anyone was present that wanted to speak on the item. None were present or requested to speak. COMMISSION ACTION: John Jack Hilmes made a motion to recommend item #1 be continued to the September 7, 2017, meeting of the Commission. THE VOTE: 14-0 (Rocky Sposato was not yet present)
Page 4 Item 2 ***************************** ***************************** Request from 2 nd Avenue Business Park, LLC (owner) represented by Randy Krohn (officer) for review and approval of a Preliminary Plat Woodside Estates West Commercial Park Plat 1 for property located at 5500 Northwest 2 nd Street, in unincorporated Polk County within the two-mile distance for extraterritorial review of subdivision plats by the City of Des Moines, to allow the 14.57-acre subject property to be divided into two parcels with frontage on Northwest 2 nd Street. (13-2018-1.02) STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION 1. Purpose of Request: The developer is seeking to subdivide the property into two separate parcels for commercial development within unincorporated area of Polk County. Polk County is requiring the subdivision into two parcels to go through their Preliminary Plat procedure. 354.9 of the Iowa Code provides for review of land subdivision by a municipality within 2 miles of its corporate limit. When the territory overlaps with another municipal jurisdiction then the closer jurisdiction has right of review unless there is separate intergovernmental agreement pursuant to Chapter 28E of the Iowa Code. In this instance, the City of Des Moines is closer to the property than the City of Ankeny. 2. Size of Site: 14.57 acres. 3. Existing Zoning (site): GC General Commercial (Polk County). 4. Existing Land Use (site): The property contains a large woodland area. There are also gardening uses on the northern portion of the site. 5. Adjacent Land Use and Zoning: North GC General Commercial (Polk County), Use is a union hall for the International Union of Painters and Allied Trades. South GC (Polk County), Use is Saylor Township Fire Department. East GC (Polk County), Uses are an auto repair garage, single-family dwellings, vacant land, an auto dealership, an auto-body repair garage, and an equipment sales and rental business.
Page 5 West LDR Low Density Residential (Polk County), Uses are row townhomes and single-family dwellings. 6. General Neighborhood/Area Land Uses: The subject property is located in the Saylor Township highway commercial area along the NW 2 nd Street corridor between Des Moines and Ankeny. 7. Applicable Recognized Neighborhood(s): The subject property is located in the unincorporated area of Polk County in Saylor Township. Notifications of the hearing for this specific item were mailed on August 7, 2017 (10 days prior to the hearing) to the primary titleholder on file with the Polk County Assessor for each property within 250 feet of the Preliminary Plat amendment boundary. A Final Agenda for the meeting was mailed to all the recognized neighborhood associations on August 11, 2017. 8. Relevant Zoning History: N/A. 9. PlanDSM Land Use Plan Designation: N/A. However, Polk County s Comprehensive Plan 2030 Land Use map designates the property as Agricultural. 10. Applicable Regulations: In consideration of the criteria set forth in Chapter 18B of the Iowa Code, the Commission shall determine if the Preliminary Plat conforms to the standards and requirements outlined in Chapter 354 of the Iowa Code. The Commission shall also determine if it conforms to the City Subdivision Ordinance and shall approve, conditionally approve or reject such plat within 45 days after the date of submission to the City Permit and Development Center. Unless the applicant agrees in writing to an extension of time, the preliminary plat shall be deemed approved if the Commission does not act within such 45-day period. The Commission's action for approval or conditional approval shall be null and void unless the final plat is submitted to the City Permit and Development Center within 270 days after the date of such action; provided, however, that the Permit and Development Administrator may grant, upon written request of the applicant, up to a 90-day extension for submittal of the final plat to the City Permit and Development Center. The Preliminary Plat is concurrently reviewed and would be given final approval by Polk County Board of Supervisors. II. ADDITIONAL APPLICABLE INFORMATION 1. Natural Site Features: The subject property contains tree canopy through a majority of the property. Any future development is subject to enforcement of Polk County s Ordinance for tree preservation which is contained in Article 7 Section 4 of the Polk County Zoning Code. Polk County has different methodology for preservation of existing woodlands and requires protection of different percentages of woodland areas depending on the maturity of the canopy. Staff is recommending that a notation be included on the plat document that future development is subject to Article 7 Section 4 Natural Resources Protection, Woodlands of the Polk County Zoning Code.
Page 6 2. Drainage/Grading: The subject property generally drains to the southern portion of the property. There is no proposed grading activity or changes to the existing drainage patterns as part of the proposed subdivision process. With any future development, Polk County will have enforcement of drainage and storm water management under site plan development standards within their adopted Ordinances and standards. 3. Utilities: The developer proposes to extend an existing 12-inch Des Moines Water Works main from the south within NW 2 nd Street frontage to the northern limit of the property. The developer also proposes to extend an existing 8-inch Polk County sanitary sewer main within NW 2 nd Street frontage from the south to the northern property limit. 4. Traffic/Street System: There are no proposed modifications to the surrounding public street network. The subject property currently has the ability to develop commercial driveway access from NW 2 nd Street. There is also a 28-foot wide east/west ingress egress easement proposed to provide a share access location. This easement is centered over the lot line proposed between Lot 1 and Lot 2. III. STAFF RECOMMENDATION Staff recommends approval of the requested Preliminary Plat for Woodside Estates West Commercial Park Plat 1, subject to the following conditions: 1. Compliance with all comments of the administrative review by the Permit and Development Center. 2. Provision of a note on the plat document that future development is subject to Article 7 Section 4 Natural Resources Protection, Woodlands of the Polk County Zoning Code. SUMMARY OF DISCUSSION Jacqueline Easley asked if anyone was present to speak on this item. None were present or requested to speak. COMMISSION ACTION: Greg Jones made a motion to approve Consent Agenda Items 2, 3 and 7 per staff recommendation. THE VOTE: 15-0 ***************************** *****************************
Page 7 Item 3 Request from Hubbell Realty Company (owner) represented by Joe Pietruszynski (officer) for review and approval of a Preliminary Plat Woods on the River Plat 10 on property located in the vicinity of Whispering Ridge Drive and River Ridge Road, to allow the subdivision of an existing platted outlot into 21 single-family residential lots. (13-2018-1.03) STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION 1. Purpose of Request: The proposed preliminary plat would allow for the next phase of the single-family residential development. It would divide the existing Outlot Y parcel from Woods on the River Plat 9. It would divide property into 21 lots for development of single-family dwellings. It would extend Whispering Ridge Drive northeast to T into River Ridge Road which would be extended northwest to T into Southeast 22 nd Street. 2. Size of Site: Approximately 8.06 acres. However, only 4.38 acres would be developed, with the remainder platted as an outlot. 3. Existing Zoning (site): PUD Planned Unit Development District. 4. Existing Land Use (site): Undeveloped land. 5. Adjacent Land Use and Zoning: North R1-80, Uses are undeveloped timberland and Cownie Baseball Complex. South PUD, Uses are single-family dwellings and undeveloped single-family lots. East PUD, Uses are single-family dwellings, undeveloped land, and timberland. West R1-80, Uses are Cownie Baseball Complex and timberland. 6. General Neighborhood/Area Land Uses: The subject property is located in the southeastern portion of the City to the east of Southeast 22 nd Street and to the north of Hartland Avenue. It is in an area that primarily consists of mixed-densities of residential development near the Cownie Soccer and Baseball complexes. 7. Applicable Recognized Neighborhood(s): The subject property is located in the Riverwoods Neighborhood and within 250 feet of the Pioneer Park Neighborhood. All neighborhoods were notified of the Commission meeting by mailing of the Preliminary Agenda on July 28, 2017. Additionally, separate notifications of the hearing for this specific item were mailed on August 7, 2017 to the neighborhood associations and to the primary titleholder on file with the Polk County Assessor for
Page 8 each property within 250 feet of the site. A Final Agenda for was mailed to the neighborhood associations on August 11, 2017. 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 Riverwoods Neighborhood Association mailings were sent to Denise Benda, 2230 East Caulder Court, Des Moines, IA 50320. The Pioneer Park Neighborhood Association mailings were sent to Carole Jones, 1603 Pioneer Road, Des Moines, IA 50320. 8. Relevant Zoning History: On April 25, 1994, the City Council rezoned the property to PUD Planned Unit Development along with the approval of the Riverwoods PUD Conceptual Plan (Ordinance No. 13,027). Since then, the Conceptual Plan has been amended five times. 9. PlanDSM Future Land Use Plan Designation: Low-Density Residential. 10. Applicable Regulations: Taking into consideration the criteria set forth in Chapter 18B of the Iowa Code, the Commission shall determine if such Preliminary Plat conforms to the standards and requirements outlined in Chapter 354 of the Iowa Code, and the City Subdivision Ordinance and shall approve, conditionally approve or reject such plat within 45 days after the date of submission to the City Permit and Development Center. Unless the applicant agrees in writing to an extension of time, the Preliminary Plat shall be deemed approved if the Commission does not act within such 45-day period. The Commission's action for approval or conditional approval shall be null and void unless the final plat is submitted to the City Permit and Development Center within 270 days after the date of such action; provided, however, that the Permit and Development Administrator may grant, upon written request of the applicant, up to a 90-day extension for submittal of the final plat to the City Permit and Development Center. II. ADDITIONAL APPLICABLE INFORMATION 1. Natural Site Features: The site generally slopes downward from the southwest to the northeast. The northeastern portion of the property includes dense timber. Most of these trees would be undisturbed and contained within an Outlot. There is a tree line along the rear perimeter of Lots 9, 10 and 11. The applicant has identified some of the trees being removed for the proposed stormwater detention area. All tree removal must be in accordance with the City s Tree Removal and Mitigation Ordinance in order to ensure adequate mitigation. 2. 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 topography of the site requires a stormwater basin to be located in the northeast corner of the development. The basin is designed to temporarily hold water from larger storm events and to release it to public storm sewer in Southeast 22 nd Street. The developer is required to establish a
Page 9 homeowners association for the purpose of entering into a Stormwater Management Facilities Maintenance Covenant and Permanent Easement Agreement with the City of Des Moines. 3. Utilities: The submitted Plat proposes extension of a 12-inch water main in Whispering Ridge Drive. It also proposes extension of an 8-inch public sanitary sewer main in Whispering Ridge Drive. 4. Traffic/Street System: The public street system is proposed to be expanded by the extension of the 50-foot wide Whispering Ridge Drive Right-of-Way (ROW) to the northeast which would T intersect with an extension of the 60-foot wide River Ridge Road ROW, which would intersect with Southeast 22 nd Street. A public sidewalk is proposed along both sides of Whispering Ridge Drive. An 8-foot wide trail is proposed on the northeast side of River Ridge Road. This is consistent with the previous platting within the development which allowed a wider trail on one-side of River Ridge Road. III. STAFF RECOMMENDATION Staff recommends approval of the proposed Preliminary Plat subject to the following: 1. Compliance with all platting requirements of the Permit and Development Center. 2. Compliance with the City s Tree Removal and Mitigation Ordinance 3. Revision of the five (5) lots along the north side of River Ridge Road to ensure they all have widths of at least 60 feet. 4. Inclusion of the remaining portion of Outlot Y Woods on the River Plat 9 as a newly platted Outlot. SUMMARY OF DISCUSSION Jacqueline Easley asked if anyone was present to speak on this item. None were present or requested to speak. COMMISSION ACTION: Greg Jones made a motion to approve Consent Agenda Items 2, 3 and 7 per staff recommendation. THE VOTE: 15-0. ***************************** *****************************
Page 10 Item 7 Request from Nelson Development 1, LLC (owner) represented by Alexander Grgurich (officer) to rezone property at 110 Southeast 7th Street. A) Determination as to whether the proposed rezoning is in conformance with the existing PlanDSM Creating Our Tomorrow future land use designation. B) Rezoning of property from "M-2" Heavy Industrial District & Limited C-3B Central Business Mixed-Use District to C-3B Central Business Mixed-Use District, to allow for development of a 4-story, 149-unit multiple-family residential structure. (ZON2017-00132) STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION 1. Purpose of Request: The proposed rezoning to C-3B Central Business Mixed- Use District would allow for redevelopment of the industrial site with a residential use. The conceptual sketch submitted with the rezoning application demonstrates a four-story building containing approximately 149 dwelling units and a surface parking lot to the north of the building. If rezoned to a C-3B District, any redevelopment or site modifications would require future review and approval of a Site Plan and building elevations by the Plan and Zoning Commission. Such a site plan must be in accordance with the C-3B District design guidelines, as well as the design guidelines applicable in the D-O Downtown Overlay District. These regulations and design guidelines are intended to assure that redevelopment in the mixed-use areas surrounding the core of Downtown are pedestrian-oriented and compatible with a mixed-use neighborhood. Furthermore, any multiple-family residential development would be subject to the multiple-family residential design guidelines. 2. Size of Site: Approximately 2.4 acres. 3. Existing Zoning (site): M-2 Heavy Industrial District, Limited C-3B Central Business Mixed-Use District, CDO Capitol Dominance Overlay District, D-O Downtown Overlay District, FSO Freestanding Sign Overlay District, and GGP Gambling Games Prohibition District. 4. Existing Land Use (site): The site is currently vacant. It was previously occupied by the Rowat Cut Stone business with outdoor storage.
Page 11 5. Adjacent Land Use and Zoning: North M-1 ; Use is an active east/west railroad line. South C-3B ; Use is currently Recycling, Inc., which uses the site for the storage, sorting, and processing of waste materials. However, a Site Plan has been approved to allow redevelopment of a multiple-family residential use. East M-1 ; Uses is a warehouse. West M-1 ; Use is the City of Des Moines Public Works facility. 6. General Neighborhood/Area Land Uses: The subject property is located in an area known as the Market District, which is an area transitioning from industrial uses to a mix of residential and commercial uses. 7. Applicable Recognized Neighborhood(s): The subject property is located in the Historic East Village Neighborhood. These neighborhood associations were notified of the public hearing by mailing of the Preliminary Agenda on July 28, 2017 and by mailing of the Final Agenda on August 11, 2017. Additionally, separate notifications of the hearing for this specific item were mailed on July 28, 2017 (20 days prior to public hearing) and August 7, 2017 (10 days prior to initial public hearing) to the Historic East Village Neighborhood Association and to the primary titleholder on file with the Polk County Assessor for each property within 250 feet of the site. All agendas and notices are mailed to the primary contact(s) designated by the recognized neighborhood association to the City of Des Moines Neighborhood Development Division on the date of the mailing. The Historic East Village Neighborhood Association notices were mailed to Chris LoRang, PO Box 93904, Des Moines, IA 50393. The applicant held their neighborhood meeting on August 7, 2017. The applicant can report on their neighborhood meeting at the hearing. 8. Relevant Zoning History: A portion of the subject property was included with the recent rezoning of the property to the south. This property was rezoning from M-2 Heavy Industrial District to C-3B Central Business Mixed-Use District, subject to the following limitations: (1) The following uses shall be prohibited on the Property: a. Assembly and packaging of small components from previously prepared materials within a fully enclosed building. b. Auction businesses. c. Financial institutions whereby a majority of loans are made based on collateral of future payroll or vehicle titles. d. Lumberyards, retail and wholesale. e. Machine shops. f. Freestanding package goods stores for the sale of alcoholic beverages. g. Pawnshops.
Page 12 h. Printing, publishing houses and lithographing shops. i. Plumbing and heating shops. j. Miniwarehouse uses. k. Freestanding taverns and night clubs. l. Warehousing. (2) Any development on the Property shall be subject to the undergrounding of all overhead utilities to the maximum extent possible. (3) Any development on the Property shall re-establish East Elm Street ROW and improve it with a public street constructed with an urban cross section. (4) Any development on the Property shall improve Southeast 7 th Street with an urban cross section. (5) Any development on the Property shall re-establish Market Street ROW and improve it with either a public pedestrian plaza or a public street constructed with an urban cross section. (6) Any development or site modifications on the Property shall be in accordance with a Site Plan that satisfies any applicable design guidelines, such as those for the C-3B District, the D-O Downtown Overlay District, and/or Multiple- Family Residential. 9. PlanDSM: Creating Our Tomorrow Plan Land Use Plan Designation: The site is designated as Downtown Mixed Use, which is defined as follows: Allows mixed-use, high density residential uses, and compact combinations of pedestrian-oriented retail, office, residential, and parking in downtown. Should include active uses (e.g. retail) on ground floor, particularly at key intersections. The C-3B District is more consistent with this designation than the M-2 District. 10. Applicable Regulations: Taking into consideration the criteria set forth in Chapter 18B of the Iowa Code, the Commission reviews all proposals to amend zoning boundaries or regulations within the City of Des Moines. Such amendments must be in conformance with the comprehensive plan for the City and designed to meet the criteria in 414.3 of the Iowa Code. The Commission may make recommendations to the City Council on conditions to be made in addition to the existing regulations so long as the subject property owner agrees to them in writing. The recommendation of the Commission will be forwarded to the City Council. II. ADDITIONAL APPLICABLE INFORMATION 1. Market District of East Village Urban Design Study: In May 2010, the City Council received and filed the Market District of East Village Urban Design Study as a guide for future development and redevelopment within the area bounded by East/Southeast 7 th Street on the east, Scott Avenue on the south, the Des Moines River on the west, and East Walnut Street on the north. The study calls for creating a vibrant pedestrian-oriented mixed-use area by preserving the existing structures and building new residential and commercial structures. The study designates both Southeast 6 th Street and Market Street as primary development corridors. It also designates the subject property as being redeveloped
Page 13 primarily for multiple-family residential use. 2. Permitted Uses: The following is the list of uses permitted in the C-3B District: Sec. 134-1006. Principal permitted uses. Only the uses of structures or land similar to those that follow shall be permitted in the C-3B Central Business Mixed Use District: (1) Any use permitted in and as limited in the C-2 district except the following uses which are prohibited: a. Automobile, trailer, motorcycle, boat, and farm implement establishments for display, rental, and sales (including sales lots). b. Mobile home parks. c. Vehicle display lots. d. Garage for general motor vehicle that includes major body and fender work or overall painting. e. Automobile washing establishments unless all bays are normally enclosed and an attendant is on duty during all hours of operation. f. Adult entertainment business. g. Monument sales yards. h. Sheet metal shops. i. Sign painting shops. j. Off-premises advertising signs. (2) Assembly and packaging of small components from previously prepared materials within a fully enclosed building. (3) Manufacture or treatment of products within a fully enclosed building incidental to the conduct of a retail business carried out on the premises. (4) Printing and publishing houses. (5) Warehousing. (6) Machine shops. (7) Retail lumberyards. (8) Electrical substations and gas regulator facilities upon land held by the utility for that purpose on the date the land was placed within the C-3B District. Any new electrical substation or gas regulator facility, or expansion thereof, upon land not held by the utility for that purpose when the land was placed within the C-3B District, may be allowed only by special permit under the provisions of section 134-1326. (9) Combinations of the uses in subsections (1) through (8) of this section. Staff recommends that the following uses permitted in the C-3B District be prohibited: a. Assembly and packaging of small components from previously prepared materials within a fully enclosed building. b. Auction businesses. c. Financial institutions whereby a majority of loans are made based on collateral of future payroll or vehicle titles.
Page 14 d. Lumberyards, retail and wholesale. e. Machine shops. f. Freestanding package goods stores for the sale of alcoholic beverages. g. Pawnshops. h. Printing, publishing houses and lithographing shops. i. Plumbing and heating shops. j. Miniwarehouse uses. k. Freestanding taverns and night clubs. l. Warehousing. 3. Utilities: There are existing overhead utility lines within Southeast 6 th Street right-ofway. Any future development of the site should be subject to the burial of overhead utilities to the maximum extent possible. 4. Access & Parking: The submitted site sketch demonstrates that the developer would re-establish East Vine Street right-of-way and would improve it as a public street to the satisfaction of the City s Traffic & Transportation Division. The sketch also demonstrates a surface parking lot to the north of the building. While no minimum number of off-street parking spaces would be required for any use in the C-3B District, any off-street parking that is provided must comply with City Code Section 134-1377 and with all Site Plan regulations. As part of any future redevelopment of the site, the developer would be responsible for improving the adjoining segment of Southeast 7 th Street to the satisfaction of the City s Traffic & Transportation Division. 5. C-3B District Design Guidelines: If rezoned to C-3B District, any redevelopment would require future approval of a Site Plan and building elevations by the. A Site Plan has not been submitted for consideration at this time. 6. D-O Downtown Overlay District Design Guidelines: The subject property is within the Downtown Overlay District. In acting upon any future site plan application for the site, the shall apply the Downtown Overlay District design guidelines. A Site Plan has not been submitted for consideration at this time. 7. Multiple-Family Residential Design Guidelines: In acting upon any future Site Plan application that includes a multiple-family dwelling, boardinghouse or roominghouse, the shall also apply the Multiple-Family Residential design guidelines. A Site Plan has not been submitted for consideration at this time. III. STAFF RECOMMENDATION Part A) Staff recommends that the proposed rezoning to C-3B District be found in conformance with the PlanDSM: Creating Our Tomorrow Plan Land Use Plan designation of Downtown Mixed Use.
Page 15 Part B) Staff recommends the subject property be rezoned from M-2 Heavy Industrial District to C-3B Central Business Mixed-Use District, subject to the following conditions: 1. The following uses shall be prohibited: a. Assembly and packaging of small components from previously prepared materials within a fully enclosed building. b. Auction businesses. c. Financial institutions whereby a majority of loans are made based on collateral of future payroll or vehicle titles. d. Lumberyards, retail and wholesale. e. Machine shops. f. Freestanding package goods stores for the sale of alcoholic beverages. g. Pawnshops. h. Printing, publishing houses and lithographing shops. i. Plumbing and heating shops. j. Miniwarehouse uses. k. Freestanding taverns and night clubs. l. Warehousing. 2. Any development of the site shall be subject to the undergrounding of all overhead utilities to the maximum extent possible. 3. Any development upon the site shall re-establish East Vine Street right-of-way and improve it to the satisfaction of the City s Traffic & Transportation Division. 4. Any development upon the site shall improve Southeast 7 th Street to the satisfaction of the City s Traffic & Transportation Division. 5. Any development or site modifications shall be in accordance with a Site Plan that satisfies any applicable design guidelines, such as those for the C-3B District, the D-O Downtown Overlay District, and/or Multiple-Family Residential. SUMMARY OF DISCUSSION Jacquie Easley asked if anyone in the audience or anyone on the Commission had any concerns regarding Item #7. No opposition was present or requested to speak. The applicant noted they were in agreement with the Staff recommendation. COMMISSION ACTION: Jann Freed made a motion to move Item #7 to the Consent Agenda. Motion carried 14-0 (Rocky Sposato was not yet present). Rocky Sposato arrived at 6:06 PM.
Page 16 Greg Jones made a motion to approve consent agenda items #2, #3 and #7 per staff recommendation. THE VOTE: 15-0. ***************************** ******************************************************************************************* PUBLIC HEARING ITEMS Item 4 Request from RSC Partners, LLC (owner) represented by Rick Krause (officer) to rezone property at 900 42 nd Street. A) Determination as to whether the proposed rezoning is in conformance with the existing PlanDSM Creating Our Tomorrow future land use designation. B) Rezoning of property from "C-1" Neighborhood Retail Commercial District to NPC Neighborhood Pedestrian Commercial District, to allow the ability to request a Conditional Use Permit that would allow sale of alcohol as part of the existing art instruction business operating as Pinot s Palette. (ZON2017-00126) STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION 1. Purpose of Request: The subject property includes a tenant (Pinot s Palette) where customers can paint in a group setting while drinking alcohol that they bring to the premises. The business owner would prefer to be able to sell patrons alcohol so that customers don t have to bring it in. The rezoning is the first of multiple steps that are necessary for the business to obtain a beer or wine permit and/or a liquor license that would allow them to sell and serve alcohol. If the property is successfully rezoned to NPC Neighborhood Pedestrian District, it would be eligible to request a Conditional Use Permit from the Zoning Board of Adjustment. However, for the Board to grant the Conditional Use Permit, they must also grant a Variance to the provision that requires 150 feet of separation from a school use (Hubbell Elementary School). 2. Size of Site: 150 feet by 166 feet (24,900 square feet). 3. Existing Zoning (site): C-1 Neighborhood Retail Commercial District. 4. Existing Land Use (site): The site contains a multi-tenant commercial, a single tenant commercial structure, and a surface parking lot. 5. Adjacent Land Use and Zoning:
Page 17 North C-1 ; Use is the Drake Garage (motor vehicle repair). South R1-60 ; Uses are Hubbell Elementary School and Roosevelt High School s baseball field. East C-1 & NPC ; Uses are Git-n-Go (gas station convenience store) and the Shops at Roosevelt (retail center). West R-4 ; Use is a parking lot. 6. General Neighborhood/Area Land Uses: The subject property is located along the west side of the 42 nd Street corridor, in an area that includes a mix of commercial, residential, and educational uses. 7. Applicable Recognized Neighborhood(s): The subject property is located in the Waveland Park Neighborhood and within 250 feet of the Drake Neighborhood. These neighborhood associations were notified of the public hearing by mailing of the Preliminary Agenda on July 28, 2017 and by mailing of the Final Agenda on August 11, 2017. Additionally, separate notifications of the hearing for this specific item were mailed on July 28, 2017 (20 days prior to public hearing) and August 7, 2017 (10 days prior to initial public hearing) to the Waveland Park and Drake Neighborhood Associations and to the primary titleholder on file with the Polk County Assessor for each property within 250 feet of the site. All agendas and notices are mailed to the primary contact(s) designated by the recognized neighborhood association to the City of Des Moines Neighborhood Development Division on the date of the mailing. The Waveland Park Neighborhood Association notices were mailed to Charles D. Chedester, 1238 46 th Street, Des Moines, IA 50311, and the Drake Neighborhood Association notices were mailed to Kristina Johnson, 3523 University Ave #12A, Des Moines, IA 50311. The applicant is scheduled to hold a neighborhood meeting on August 15, 2017. The applicant can report on their neighborhood meeting at the hearing. 8. Relevant Zoning History: None. 9. PlanDSM: Creating Our Tomorrow Land Use Plan Designation: Community Mixed Use. 10. Applicable Regulations: Taking into consideration the criteria set forth in Chapter 18B of the Iowa Code, the Commission reviews all proposals to amend zoning boundaries or regulations within the City of Des Moines. Such amendments must be in conformance with the comprehensive plan for the City and designed to meet the criteria in 414.3 of the Iowa Code. The Commission may make recommendations to the City Council on conditions to be made in addition to the existing regulations so long as the subject property owner agrees to them in writing. The recommendation of the Commission will be forwarded to the City Council.
Page 18 II. ADDITIONAL APPLICABLE INFORMATION 1. PlanDSM: Creating Our Tomorrow Plan Land Use Plan Designation: The subject property is located within an area designated on the PlanDSM future land use map as Community Mixed Use. The plan defines this category as Small- to medium-scale mixed-use development located on high capacity transit corridors or at the intersection of commercial corridors. Community mixed use areas include both 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. The proposed NPC District is compatible with this classification and does not require it to be amended. Furthermore, Staff recommends that the NPC District classification is appropriate for this site since the buildings are constructed in a manner that is consistent with the NPC District regulations. 2. Permitted Uses: Given the location of the site near residential and educational uses, staff recommends that the following uses be prohibited: a) Any business that derives more than 50% of its gross sales from the sale of alcoholic or tobacco products. b) Billiard parlors/game rooms; c) Communication towers/antennas (excluding an extension of 20 feet or less from an existing structure); d) Delayed deposit services; e) Pawn brokers; f) Gas stations/convenience stores; g) Off premises advertising signs; and, 3. Conditional Use Permit: Should the property be rezoned to NPC District, the property would be eligible to request a Conditional Use Permit from the Zoning Board of Adjustment that would allow for the sale and/or service of alcohol. However, for the Board to grant the Conditional Use Permit, they must also grant a Variance to the requirement for 150 feet of separation from Hubbell Elementary School. Staff cannot speculate whether such a request would even be granted by the Zoning Board of Adjustment. 4. NPC Design Guidelines: Should the property be rezoned to NPC District, any future redevelopment or construction the site shall be in accordance with a site plan and building elevations that must be reviewed and approved by the Plan and Zoning Commission under the following design guidelines: A) Buildings should frame the street and maintain a minimal setback from the street. B) The front facade of the first floor of the building on the primary commercial street should have a ratio of at least 40 percent window and window display area to total street facade. C) The front entrance should be oriented to the street. On a corner lot, the building should have a well-defined entrance on the primary commercial street.
Page 19 D) Materials should be brick, stone, tile, stucco, or horizontal wood clapboard with a maximum width of six inches. Two-story buildings are encouraged. E) Commercial buildings with over 50 feet of building frontage should have the appearance of being broken into separate bays of between 20 to 35 lineal feet using structural elements, fenestration patterns, protruding or recessed bays, or architectural details. F) Building frontage should occupy at least 50 percent of the primary street frontage. G) Off-street loading and parking spaces should be provided in compliance with sections 134-1376 and 134-1377 of the zoning chapter, subject to the following modifications: a. The minimum number of off-street parking spaces is 60 percent of the number of spaces otherwise required by subsection 134-1377(a). b. Parking should not exceed the amount otherwise required by section 134-1377 of this Code. c. Parking should not use the front yard but should be concentrated along the side and in back of the building in the predominant pattern of character defining buildings. d. Shared parking among businesses or between business and residential projects will be allowed, provided a shared parking plan is presented at the time of application, signed by the property owners, ensuring no duplication of parking. The shared parking must be within 300 feet of the business or dwelling. e. On-street parking directly adjacent to the occupant frontage shall count toward the minimum off-street parking requirement. Elimination of such onstreet parking by the city shall have no effect on an approved site plan. f. Tandem parking spaces shall count toward the minimum off-street parking requirement if a parking plan demonstrates that the parking will be for employees and will be occupied for over four hours between changes. g. An emphasis of trees, shrubs and other plantings should be placed around the perimeter of any parking area and within large parking lots to create a more attractive area. The landscape plan should generally enhance the visual appearance of the building, parking area and any pedestrian areas. H) The following bulk regulations should be observed: a. Minimum lot area: i. Single-family detached dwelling, 5,000 square feet. ii. Single-family semidetached dwelling, 3,000 square feet. iii. Two-family dwelling, 6,000 square feet. iv. Multiple dwelling, 10,000 square feet. v. Mixed-use project, 10,000 square feet. vi. Shelter for the homeless, 8,000 square feet. vii. No minimum requirement for permitted nonresidential uses. b. Minimum lot area per dwelling unit: i. Row and multiple dwellings, 2,000 square feet. ii. Shelter for the homeless, 300 square feet of lot size for each resident. c. Front yard: minimum of zero feet. d. Side yards: minimum of zero feet.
Page 20 e. Rear yard: None required, except when adjoining any R or C-0 district or portion of a PUD designated for residential use, in which case ten feet. f. Height: minimum of 15 feet, maximum of 45 feet. g. Number of stories: i. Residential uses, a maximum of four stories. ii. All other permitted uses, a maximum of two stories. I) Signs, which are attached or projecting from the building and designed for the character of the building, are preferred. Monument signs are allowed. 5. Site Plan Requirements: Any future redevelopment or construction on the property must conform to the City s site plan requirements, including those regarding stormwater management, and landscaping. All outdoor lighting fixtures will be required to be downward directional, sharp cut-off type fixtures. Any trash enclosure constructed shall consist of masonry walls and 100% opaque steel gates. III. STAFF RECOMMENDATION Part A) Staff recommends that the proposed rezoning be found in conformance with the existing PlanDSM: Creating Our Tomorrow Plan designation of Community Mixed Use. Part B) Staff recommends approval of the requested rezoning to NPC District, subject to the following conditions: 1. The following uses shall be prohibited on the property: a. Any business that derives more than 50% of its gross sales from the sale of alcoholic or tobacco products b. Billiard parlors/game rooms; c. Communication towers/antennas (excluding an extension of 20 feet or less from an existing structure); d. Delayed deposit services; e. Pawn brokers; f. Gas stations/convenience stores; g. Off premises advertising signs; and, h. Liquor stores. 2. Any redevelopment or construction on the site shall be in accordance with a Site Plan under the Design Guidelines applicable to the NPC District. SUMMARY OF DISCUSSION Erik Lundy presented the staff report and recommendation. Will Page asked if the request to rezone circumvents the separation distance prescribed by City Code for sale of alcohol. Erik Lundy stated that the separation distance is determined by the Board of Adjustment as part of the Conditional Use Permit review. He noted that the property must be rezoned before the applicant can apply for a conditional use permit from the Board of Adjustment. The placement of the existing building is more consistent with NPC zoning.
Page 21 Staff believes the NPC zoning is consistent with PlanDSM. Staff recommends approval of the NPC zoning with conditions. Staff does not speculate whether the Board of Adjustment will approve a conditional use permit to sell alcohol for the premises or not. CHAIRPERSON OPENED THE PUBLIC HEARING Michael Murdock and Sarah Murdock, 600 SW 42 nd St, 50312, owners of Pinot s Palette, 900 42 nd St., noted they currently offer recreational art instruction. They have art instructors who run classes. People pre-register for these classes, they do not come in off the street. People who register are allowed to bring alcohol to the classes and can consume the alcohol during the classes. This establishment has been there since 2014. They aren t changing anything about their establishment except that they would like to opportunity to sell beer and wine to the clients that come to the classes. This is the first step in that process. They must have the property rezoned before they can seek a conditional use permit from the Board of Adjustment. Jacqueline Easley asked what the hours of operation will be. Sarah Murdock stated classes are typically held Thursday, Friday and Saturday evenings, and some Sunday afternoons. They have private parties that are scheduled any day of the week or weekend, so it s very irregular. They also offer children s classes but no alcohol is consumed or served during those classes. Jacqueline Easley asked if anyone was present to speak on this item. None were present or requested to speak. Joanne Corigliano expressed concern regarding sale of alcohol. Glenna Frank noted sale of alcohol is a Board of Adjustment decision. Jack Hilmes noted that the zoning would ultimately be determined by City Council. If approved, the sale of alcohol would ultimately be determined by the Board of Adjustment. COMMISSION ACTION: John Jack Hilmes moved that Item #4 be recommended for approval per the staff recommendation. THE VOTE: 14-1 (JoAnne Corigliano voted in opposition) Item 5 ***************************** ***************************** Request from Libertad Des Moines, LLC (developer) represented by Bruce Adib-Yazdi (officer) for review and approval of a Site Plan Libertad Des Moines under design
Page 22 guidelines for multiple-family dwellings on property located at 4421 Southeast 14 th Street, to allow development of a three-story 40-unit multiple-family dwelling. The subject property is owned by Forget Properties 27, LLC and Forget Properties 26, LLC. (10-2018-7.06) STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION 1. Purpose of Request: The proposed development would consist of a three-story apartment building, surface parking, stormwater detention facilities, a community garage and playground. The building would contain 40 dwelling units consisting of a mix of 1 bedroom, 2-bedroom and 3-bedroom apartments. 2. Size of Site: 168,324 square feet (3.86 acres). 3. Existing Zoning (site): C-2 General Retail and Highway-Oriented Commercial District, Limited C-2 District General Retail and Highway-Oriented Commercial District, FSO Freestanding Sign Overlay District and GGP Gambling Games Prohibition District. 4. Existing Land Use (site): The site contains a frontage road connecting the properties to the south and north. The balance of the site is undeveloped. 5. Adjacent Land Use and Zoning: North C-2 & R1-70 ; Uses are a self-service carwash and undeveloped land. South C-2 ; Use is an office/warehouse building. East R1-70 ; Use is undeveloped land. West C-2 ; Use is a tavern. 6. General Neighborhood/Area Land Uses: The subject property is located along the SE 14 th Street commercial corridor to the north of the East McKinley Avenue intersection. The area generally consists of commercial uses along SE 14 th Street adjoined by residential uses to the east and west. 7. Applicable Recognized Neighborhood(s): The subject property is located in the Easter Lake Neighborhood and within 250 feet of the South Park Neighborhood. All recognized neighborhoods were notified of the meeting by mailing of the Preliminary Agenda on July 28, 2017. Additionally, separate notifications of the hearing for this specific item were mailed on August 7, 2017 (10 days prior to the scheduled hearing) to the primary titleholder on file with the Polk County Assessor for each property within 250 feet of the site. A Final Agenda for the meeting was mailed to all the recognized neighborhood associations on August 11, 2017.