Des Moines, Iowa November 19, 2015 Page 1

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1 Page 1 PRESENT: Dory Briles, Jacqueline Easley, Tim Fitzgerald, Jann Freed, John Jack Hilmes, Greg Jones, Brian Millard, Will Page, Jonathan Rosenbloom, Mike Simonson ABSENT: JoAnne Corigliano, Sasha Kamper, CJ Stephens, and Greg Wattier STAFF PRESENT: Mike Ludwig, Erik Lundy, Larry McDowell, Linda Rule and Cathy Whitfield November 5, 2015 minutes will be available for the December 7, 2015 Plan and Zoning Commission. Greg Jones asked if anyone was opposed to Items #1, #2, #3 and #4. None were present or requested to speak. Dory Briles moved approval of consent agenda Items #1, #2, #3 and #4. Motion carried 9-0 (Jacqueline Easley and John Jack Hilmes were not yet present). CONSENT ITEMS Item 1 Request from Beverly Wallace (owner), 1700 Allison Avenue, for vacation of the east/west segment of alley between Allison Avenue and Franklin Avenue from a point 150 feet east of 18 th Street to the dead end 250 feet east of 18 th Street. ( ) STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION 1. Purpose of Request: The applicant wishes to acquire the alley segment adjoining the rear (south) property line and combine it with the property addressed 1700 Allison Avenue. The submitted application includes consent information from two property owners abutting the south side of the alley at 1625 and 1707 Franklin Avenue and at the north of the alley at1624 Allison Avenue. 2. Size of Site: 100 feet by 16 feet (1,600 square feet) alley segment. 3. Existing Zoning (site): R1-60 One-Family, Low-Density Residential District, GGP Gambling Games Prohibition Overlay District and FSO Free standing Sign Overlay District. 4. Existing Land Use (site): Gravel, semi-improved alley. 5. Adjacent Land Use and Zoning: North R1-60 Use is single-family residential.

2 Page 2 South R1-60, Use is single-family residential. 6. General Neighborhood/Area Land Uses: The subject property is located near Casady Alternative School in an area that consists predominantly of single-family dwellings. 7. Applicable Recognized Neighborhood(s): The subject property is located in Mondamin Presidential Neighborhood. The neighborhood association was notified of the meeting by mailing of the Preliminary Agenda to all recognized neighborhood associations on October 30, 2015 and by mailing of the Final Agenda on November 13, Additionally, separate notifications of the hearing for this specific item were mailed on November 9, 2015 (10 days prior) to the neighborhood associations and to the primary titleholder on file with the Polk County Assessor for each property adjacent to the requested alley segment. 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 Mondamin Presidential Neighborhood Association mailings were sent to Valerie Allen, 1934 Jefferson Avenue, Des Moines, IA Relevant Zoning History: On September 28, 2015 by Ordinance No. 15,414 the City Council vacated a portion of the east/west alley right-of-way adjoining 1619 Franklin Avenue, subject to reservation of an easement for the continued use of and maintenance of any utilities in place at the time of the vacation Community Character Land Use Plan Designation: Low Density Residential. 10. Applicable Regulations: The Commission reviews all proposals to vacate land dedicated for a specific public purpose, such as for streets and parks, in consideration of the criteria set forth in Chapter 18B of the Iowa Code, to determine whether the land is still needed for such purpose or may be released (vacated) for other use. The recommendation of the Commission is forwarded to the City Council. II. ADDITIONAL APPLICABLE INFORMATION 1. Utilities: Easements must be provided for any existing utilities in place until such time that they may be abandoned or are relocated. No utilities have been identified at this time. 2. Street System/Access: The requested vacation would not impact the surrounding street network. The subject dead-end alley segment does not serve as access way for the adjoining properties. The alley segment to the east of the subject site was previously vacated.

3 Page 3 III. STAFF RECOMMENDATION TO THE PLAN AND ZONING COMMISSION AND BASIS FOR APPROVAL Staff recommends approval of the requested vacation subject to provision of any necessary easements for all existing utilities until such time that they are abandoned or are relocated. SUMMARY OF DISCUSSION Greg Jones asked if anyone was present to speak on this item. None were present or requested to speak. COMMISSION ACTION: Dory Briles moved staff recommendation for approval of the requested vacation subject to provision of any necessary easements for all existing utilities until such time that they are abandoned or are relocated. THE VOTE: 8-0 (Jacqueline Easley and John Jack Hilmes were not yet present). Item 2 ***************************** ***************************** Request from Robert Etzell II (owner), 205 East 14th Street, for vacation of an irregular segment of East 14th Street adjoining the west boundary of the subject property. ( ) STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION 1. Purpose of Request: The applicant wishes to acquire the irregular segment adjoining the west property line and combine it with the property addressed 205 East 14 th Street. 2. Size of Site: 2608 square feet (0.059 acres). 3. Existing Zoning (site): C-2 General Retail and Highway-Oriented Commercial District, VDL Vehicle Display Overlay District, and FSO Free standing Sign Overlay District. 4. Existing Land Use (site): City-owned land and driveway approach to property at 205 East 14 th Street.

4 Page 4 5. Adjacent Land Use and Zoning: North R-3, Uses include a driveway and single-family residential. East C-2, Use is Abelardo s restaurant owned by the applicant. South R1-60, Use is East Court Avenue right-of-way and Burger King Restaurant. West R-4, Use is East 14 th Street right-of-way and State-owned surface parking lot for the Hoover Building. 6. General Neighborhood/Area Land Uses: The subject property is located along the East 14 th Street commercial corridor. The area contains a mix of commercial, retail and residential uses. 7. Applicable Recognized Neighborhood(s): The subject property is located in Capitol East Neighborhood and within 250 feet of Historic East Village Neighborhood. The neighborhood associations were notified of the meeting by mailing of the Preliminary Agenda to all recognized neighborhood associations on October 30, 2015 and by mailing of the Final Agenda on November 13, Additionally, separate notifications of the hearing for this specific item were mailed on November 9, 2015 (10 days prior) to the neighborhood associations and to the primary titleholder on file with the Polk County Assessor for each property adjacent to the requested alley segment. 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 Capitol East Neighborhood Association mailings were sent to Peggy Ingram, 1441 Capitol Avenue, #10, Des Moines, IA The Historic East Village Neighborhood Association mailings were sent to Colleen MacRae, PO Box 93904, Des Moines, IA Relevant Zoning History: None Community Character Land Use Plan Designation: Small Scale Strip Development. 10. Applicable Regulations: The Commission reviews all proposals to vacate land dedicated for a specific public purpose, such as for streets and parks, in consideration of the criteria set forth in Chapter 18B of the Iowa Code, 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.

5 Page 5 II. ADDITIONAL APPLICABLE INFORMATION 1. Utilities: The subject right-of-way contains fiber conduits and sanitary sewer lines. Easements must be reserved for any existing utilities until such time that they are abandoned or relocated. 2. Street System/Access: The requested vacation would not impact the surrounding street network. The applicant has indicated plans to construct a patio along the west façade of the existing building. Any changes to the drive approach and pavement would require review and approval from the City s Permit and Development Center. III. STAFF RECOMMENDATION TO THE PLAN AND ZONING COMMISSION AND BASIS FOR APPROVAL Staff recommends approval of the requested vacation subject to the following conditions: 1. Provision of any necessary easements for all existing utilities until such time that they are abandoned or are relocated. 2. Review and approval of any future changes to the drive approach and pavement by the City s Permit and Development Center. SUMMARY OF DISCUSSION Greg Jones asked if anyone was present to speak on this item. None were present or requested to speak. COMMISSION ACTION: Dory Briles moved staff recommendation for approval of the requested subject to the following conditions: 1. Provision of any necessary easements for all existing utilities until such time that they are abandoned or are relocated. 2. Review and approval of any future changes to the drive approach and pavement by the City s Permit and Development Center. THE VOTE: 8-0 (Jacqueline Easley and John Jack Hilmes were not yet present). ***************************** *****************************

6 Page 6 Item 3 Item #3 is continued from the November 5, 2015 meeting of the Commission. Request from T. Michael Price (owner) to rezone property located at nd Place. A) Determination as to whether the proposed rezoning is in conformance with the existing Des Moines 2020 Community Character Plan. B) Amend the Des Moines 2020 Community Character Plan existing future land use designation from Low Density Residential to General Industrial. ( ) C) Rezone property from R1-60 One-Family Low-Density Residential District to M-1 Light Industrial District to allow use of the property for off-street parking use in support of a contractor s business and storage yard. (ZON ) STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION 1. Purpose of Request: The applicant is seeking to rezone property to the north of an existing electrical contracting business. The proposed rezoning will allow the applicant to locate a parking expansion for the contracting business on the subject site. 2. Size of Site: 75 feet by 140 feet (10,500 square feet). 3. Existing Zoning (site): R1-60 One Family, Low-Density Residential, GGP Gambling Games Prohibition District and FSO Freestanding Signs Overlay District. 4. Existing Land Use (site): Undeveloped land. 5. General Neighborhood/Area Land Uses: The subject property is located west of the 2 nd Avenue corridor and south of College Avenue. An existing electrical contracting business adjoins the subject property to the south and is zoned Limited M-1. The surrounding properties contain a mix of residential and commercial uses. 6. Adjacent Land Use and Zoning: North R1-60, Uses include alley right-of-way, residential and retail (Oriental Gifts) uses. South Limited M-1, Use is light industrial (Commonwealth Electric Company). East M-1, Use is retail (Doherty s Flowers). West R1-60 ; Uses include 2 nd Place right-of-way and single-family residential.

7 Page 7 7. Applicable Recognized Neighborhood(s): The subject property is located within the River Bend Neighborhood. This neighborhood association was notified of the public hearing by mailing of the Preliminary Agenda on October 20, Additionally, separate notifications of the hearing for this specific item were mailed on October 16, 2015 (20 days prior to the initial public hearing) and October 26, 2015 (10 days prior to the initial public hearing) to the River Bend Neighborhood Association and to the primary titleholder on file with the Polk County Assessor for each property within 250 feet of the site. A Final Agenda for the meeting was mailed to all the recognized neighborhood associations on October 30, 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 River Bend Neighborhood Association notices were mailed to Breanne Barnum, th Street, Des Moines, IA The applicant has scheduled a neighborhood meeting on November 17, 2015 and will be asked to provide a summary of the events at the public hearing. 8. Relevant Zoning History: On July 24, 2000 by Ordinance No. 13,847 the City Council rezoned the neighboring property located at nd Place to Limited M-1 with the following conditions: 1. Only the following uses of land and structures shall be permitted on the property: 1. Any use permitted in the "C-0", Commercial-Residential District. 2. Office buildings not to exceed 30,000 square feet gross floor area. 3. Parking lots for temporary placement of motor vehicles while the driver is engaged in some other activity, but not including a storage lot. 4. Contractor s equipment storage yard or plant, or rental of equipment commonly used by contractors. 5. Express hauling and storage yards. 2. By December 31, 2001, the Property, exclusive of Lot 21, shall be developed and landscaped in accordance with an approved site plan, which shall be in substantial compliance with the preliminary site plan of the Property prepared by Charles J. Bishop, P.E. for Commonwealth Electric Company dated June 16, 2000, with the following amendments and changes: 1. No vehicle turnaround is required at the end of the North/South alley. 2. All uses, including off-street parking, shall be setback at least 25 feet and screened by a six foot tall opaque screen. 3. Storage of vehicles, containers, and materials in excess of 10 foot in height must be setback at least 50 feet from the 2 nd Place right-of-way line, and at least 25 feet from any residentially zoned property to the north. 4. There shall be no extension of parking to serve any use on the Property, exclusive of Lot 21, into any adjoining residentially zoned land.

8 Page Community Character Land Use Plan Designation: Low Density Residential. In order to rezone to M-1 as requested, the Comprehensive Plan would be required to be amended to an Industrial land use designation. 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 of the Iowa Code. The Commission may make recommendations to the City Council on conditions to be made in addition to the existing regulations so long as the subject property owner agrees to them in writing. The recommendation of the Commission will be forwarded to the City Council. II. ADDITIONAL APPLICABLE INFORMATION Community Character Plan: The proposed rezoning to the M-1 District with no limitations is not compatible with the Low Density Residential future land use designation. The property to the south is zoned Limited M-1. Staff believes that any Light Industrial designation for the subject property would only be appropriate if similarly limited since it is located directly across from a low density residential area. Staff believes that it would be appropriate to amend the Low Density Residential future land use designation for the property so long as the permitted uses are limited to those permitted in the C-0 District. The proposed rezoning will allow the applicant to construct a parking expansion for the contracting business use to the south of the subject property. The contracting business use has existed for more than 35 years. In that time no complaint with regard to the use or activity has been brought to the attention of the City. This is one of the few areas in the City where industrial abuts residential. The applicant s proposal in combination with a street and alley will serve as an adequate protection between the residential and industrial use so long as a 6-foot tall fence is provided along the north and east of the property and adequate buffering is provided and maintained. 2. Site Plan Requirements: Any future development of the site must conform to the City s Site Plan regulations, including those regarding storm water management; off-street parking grading and soil erosion protection; tree removal and mitigation; landscaping and buffering, pavement design; and traffic and fire access. 3. Access or Parking: The applicant has submitted a scaled site sketch that indicates one access drive from 2 nd Place. The paved parking would be setback 25 feet from the Street right-of-way and 14 feet from the alley right-of-way to the north. 4. Landscaping & Buffering: The applicant has submitted a site sketch that identifies parking area and 25 foot setback along 2 nd Place that would match the Limited M- 1 zoned property to the south of the subject site. The sketch does not identify

9 Page 9 landscape areas and types of landscaping. Any site development would require compliance with Landscaping Policies for C-2 zoned properties to match the conditions for the Limited M-1 District to the south. This includes a minimum width of 10 feet with 1 overstory tree and 3 shrubs per 50 lineal feet. In this instance 1 overstory tree and 5 shrubs would be required along the perimeter of the parking lot from 2 nd Place and 3 overstory trees and 8 shrubs would be required along the perimeter of the parking lot from alley right-of-way to the north of the subject site. 5. Drainage/Grading: Any additional development of the site must comply with the City s Stormwater Management requirements to the satisfaction of the City s Permit and Development Center. All grading is subject to an approved grading permit and soil erosion control plan. If the rezoning is approved, a Site Plan will be required for the property to be brought into conformance for a change of use. 6. Additional Information: Should the rezoning be denied by the City Council, the applicant has the ability to request a Use Variance from the Zoning Board of Adjustment. A Use Variance cannot be considered by the Board until after a rezoning has been denied. A Use Variance would not require the 2020 Community Character Plan s future land use designation to be amended. III. STAFF RECOMMENDATION TO THE PLAN AND ZONING COMMISSION AND BASIS FOR APPROVAL Part A) Staff recommends that the Commission find the requested rezoning not in conformance with the Des Moines 2020 Community Character Plan. Part B) Staff recommends approval of the requested future land use amendment to General Industrial. Part C) Staff recommends approval of the requested rezoning to the M-1 District subject to the following conditions. 1. Only the following uses of land and structures shall be permitted on the property: a. Any use allow in and as restricted in the "C-0", Commercial-Residential District. b. Office buildings not to exceed a maximum height of 75 feet. c. Parking lots for temporary placement of motor vehicles while the driver is engaged in some other activity, but not including a storage lot. d. Express hauling and storage yards. 2. The property shall be developed and landscaped in accordance with an approved Site Plan, which shall be in substantial compliance with the preliminary site plan of the property with the following amendments and changes: a. All uses including off-street parking, shall be set back at least 25 feet from 2 nd Place and screened by a six foot tall opaque screen along the north and east of the property.

10 Page 10 b. Storage of vehicles, containers, and materials in excess of 10 foot in height must be setback at least 50 feet from the 2 nd Place right-of-way line, and at least 25 feet from any residentially zoned property to the north. 3. There shall be no extension of parking to serve any use on the property, into any adjoining residentially zoned land. 4. Any development upon the site shall be in accordance with a Site Plan approved by the City s Permit & Development Center. This site plan must satisfy all City requirements, including those pertaining to stormwater management, tree mitigation and Landscaping Policies for C-2 zoned properties. SUMMARY OF DISCUSSION Greg Jones asked if anyone was present to speak on this item. None were present or requested to speak. COMMISSION ACTION: Dory Briles moved staff recommendation Part A) to find the requested rezoning not in conformance with the Des Moines 2020 Community Character Plan; approval of Part B) the requested future land use amendment to General Industrial and approval of Part C) the requested rezoning to the M-1 District subject to the following conditions. 1. Only the following uses of land and structures shall be permitted on the property: a. Any use allow in and as restricted in the "C-0", Commercial-Residential District. b. Office buildings not to exceed a maximum height of 75 feet. c. Parking lots for temporary placement of motor vehicles while the driver is engaged in some other activity, but not including a storage lot. d. Express hauling and storage yards. 2. The property shall be developed and landscaped in accordance with an approved Site Plan, which shall be in substantial compliance with the preliminary site plan of the property with the following amendments and changes: a. All uses including off-street parking, shall be set back at least 25 feet from 2 nd Place and screened by a six foot tall opaque screen along the north and east of the property. b. Storage of vehicles, containers, and materials in excess of 10 foot in height must be setback at least 50 feet from the 2 nd Place right-of-way line, and at least 25 feet from any residentially zoned property to the north. 3. There shall be no extension of parking to serve any use on the property, into any adjoining residentially zoned land. 4. Any development upon the site shall be in accordance with a Site Plan approved by the City s Permit & Development Center. This site plan must satisfy all City

11 Page 11 requirements, including those pertaining to stormwater management, tree mitigation and Landscaping Policies for C-2 zoned properties. THE VOTE: 8-0 (Jacqueline Easley and John Jack Hilmes were not yet present). Item 4 ***************************** ***************************** Request from 219 Grand, LLC (owner) represented by Paul Hayes (officer) for the following: A) Vacation of the air rights over the north 4 feet of East Grand Avenue and the east 4 feet of East 2 nd Street, to allow for balcony encroachments from floors 2-6. ( A) B) Vacation of the subsurface rights within the north 4 feet of East Grand Avenue, to allow for the building footings and foundation. ( B) C) Review and approval of a Site Plan 219 East Grand Mixed Use under design guidelines for multiple-family dwellings and under design guidelines in C-3B Districts, on property located at 219 East Grand Avenue, to allow development of a 6-story mixed use building with 19,495 square feet of first floor retail and 98 dwelling units on floors 2-6. ( ) STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION 1. Purpose of Request: The proposed Site Plan would allow development of a 6-story mixed use building that would be built up to the street along both East Grand Avenue and East 2 nd Street. 2. Size of Site: 47,723 square feet (1.09 acres). 3. Existing Zoning (site): "C-3B" Central Business Mixed Use District, CDO Capitol Dominance Overlay District, D-O Downtown Overlay District, GGP Gambling Games Prohibition Overlay District, PSO Pedestrian-Oriented Sign Overlay District and FSO Freestanding Sign Overlay District. 4. Existing Land Use (site): Surface off-street parking lot. 5. Adjacent Land Use and Zoning: North D-R ; Use is the 3-story East Grand Office Park office building. South C-3B ; Use is the 3-story Metro Waste Authority office building.

12 Page 12 East C-3B ; Use is a 6-story building with mixed-use live/work and residential apartments. West D-R ; Use is an off-street parking lot for City Hall. 6. General Neighborhood/Area Land Uses: The site is located in the East Village Downtown core. The surrounding area contains a mix of office, hotel, retail, government and multiple-family residential uses. 7. Applicable Recognized Neighborhood(s): The subject property is located in the Historic East Village Neighborhood. This neighborhood was notified of the Commission meeting by mailing of the Preliminary Agenda on October 30, 2015 and a Final Agenda on November 13, Additionally, separate notifications of the hearing for this specific item were mailed on November 9, 2015 (10 days prior to the 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. The Historic East Village Neighborhood Association notices were mailed to Colleen MacRae, PO Box 93904, Des Moines, IA Relevant Zoning History: On June 3, 2002, by Ordinance No. 14,097, the City Council rezoned the subject property with the CDO Capitol Dominance Overlay District. On July 26, 2004, by Ordinances No. 14,361 and No. 14,362, the City Council rezoned the subject property with the GGP Gambling Games Prohibition Overlay District and the PSO Pedestrian-Oriented Sign Overlay District respectively. On September 27, 2010, by Ordinance No. 14,960, the City Council rezoned the subject property to the C-3B Central Business Mixed Use District. On November 7, 2011, by Ordinance No. 15,060, the City Council rezoned the subject property with the D-O Downtown Overlay District Community Character Land Use Plan Designation: Downtown Retail/Office Core/Core Fringe. 10. Applicable Regulations: In consideration of the criteria set forth in Chapter 18B of the Iowa Code, in acting upon any Site Plan application for multiple-family dwellings, boarding houses or rooming-houses; the Plan and Zoning Commission shall apply the design guidelines City Code Section In acting upon any Site Plan application in the C-3B District, they shall apply the design guidelines in City Code Section 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 design standards. 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

13 Page 13 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. Multiple-Family Residential Design Guidelines: The following design guidelines apply to any Site Plan for multiple-family residential: 1) 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 multiple-family dwelling units would be located in stories 2-6 atop ground level office/retail space. The submitted elevations demonstrate that the structure would be of a design and mass that is compatible with the surrounding area. 2) Building height and mass. Buildings shall be either similar in size and height, or if larger, shall be articulated, setback or subdivided into massing that is proportional to the mass and scale of other structures on the same block and adjoining blocks. Articulation may be achieved through variation of roof lines, setbacks, patterns of door and window placement, and the use of characteristic entry features. To the maximum extent feasible, the height, setback and width of new buildings and alterations to existing buildings should be similar to those of existing buildings on the same block. Taller buildings or portions of buildings should be located interior to the site. Buildings at the ends of blocks should be of similar height to buildings on the adjoining blocks. The proposed building is of an appropriate height and mass for the East Downtown area. The building would be 6 stories tall, with a height of 73 feet. This would be within the allowance of the C-3B District and the CDO Capitol Dominance Overlay District maximum height restriction of 75 feet. 3) Building orientation. To the maximum extent feasible, primary facades and entries shall face the adjacent public street. A main entrance should face a connecting walkway with a direct pedestrian connection to the public street without requiring all pedestrians to walk through parking lots or across driveways. The building would frame two adjoining street frontages on East Grand Avenue and East 2 nd Street. There would be main entrances to ground floor retail spaces

14 Page 14 directly to the street sidewalks. The multiple-family residential dwelling units would also have primary entrances to the stair towers facing both of these public streets. 4) Garage access/location. If the prominent character of garage access and/or location is located to the rear of the properties in the surrounding neighborhood, then new construction should be compatible with such character. There is not a garage proposed on the subject site. 5) Rooftop/second story additions. A rooftop or second floor addition, including but not limited to stairs and emergency egress, should not overhang the front or sidewalls of the existing building. There are not any proposed rooftop additions. The stair and elevator bulkhead would not project over the front or sidewalls of the building. 6) Emergency egress. All stairs and means of emergency egress extending more than 15 feet above grade and visible from the adjoining street should be completely enclosed with materials compatible in color and texture with the balance of the building. The proposed elevations meet this guideline. There are not any proposed exterior stair cases. 7) Parking. Parking lots containing more than eight parking spaces should comply with the adopted landscape standards applicable to commercial development in the C-1 district. This guideline is not applicable, there are only 6 spaces of off-street parking proposed exterior to the building. 2. C-3B District Design Guidelines: The following design guidelines are applicable to any Site within a C-3B District. 1) Building Heights. Minimum height for all uses that are not built integral to the levee as part of the riverwalk redevelopment, should be the lesser of 36-feet or 3- stories. The building would be 6 stories tall with a height of 73 feet. 2) Riverfront setbacks: Riverfront setbacks for all new construction (that is not built integral to the levee and as part of a riverfront park) should be a minimum of 100 (horizontal) feet from the high water mark of the river. Redevelopment adjacent to a riverfront park (not part of the levee reconstruction) should front a continuous public right-of-way. This could be either a road built to an urban standard, or an

15 Page 15 alternative profile of a minimum 20' width that clearly delineates a public right-ofway between new private development and the riverfront park. N/A. 3) Lighting: All new exterior lighting upon private property should be pedestrian in scale. The use of private overhead floodlighting is discouraged. The submitted Site Plan indicates installing black Autobahn fixture replacements as required for any street lights along East 2 nd Street and East Grand Avenue. These lighting fixtures would meet this design guideline. Other lighting includes fixtures on-site of a pedestrian scale. 4) Residential building standards: New residential buildings should also comply with the following guidelines: a. Building front entrances should face public rights-of-ways. Those buildings with river frontage should be oriented towards the riverfront (except when located above street level retail). b. At least one building entrance for the residential uses should directly access the street when located above street-level retail. c. Buildings should have a building frontage on the principal street of not less than 70 percent of the lot frontage on the principal street. d. Buildings should have a maximum setback of 15 feet from the public right-ofway. e. Service entrances, waste disposal areas and other similar uses should be located adjacent to service lanes and away from major streets and the public right-of-way adjacent to the river. The submitted Site Plan demonstrates compliance with these design guidelines. 5) Commercial building standards: New commercial buildings should also comply with the following guidelines: a. Buildings should have a building frontage on the principal street of not less than 70 percent of the lot frontage on the principal street. b. A minimum of 70 percent of the building frontage should be set within one foot of the front lot line. c. Building entrances on new development sites that have river frontage (and are not integral to the levy), should be oriented both towards the riverfront and the primary street. d. Service entrances, waste disposal areas and other similar uses should be located adjacent to service lanes and away from major streets and the public right-of-way adjacent to the river. e. Restaurants may operate outdoor cafes on public sidewalks while maintaining pedestrian circulation subject to obtaining an areaway permit.

16 Page 16 The Site Plan generally complies with all these applicable design guidelines. 6) Storage of any and all materials and equipment should take place within completely enclosed buildings. All open areas should be paved or landscaped, properly maintained and kept free from refuse and debris. All refuse collection containers and dumpsters should be enclosed on all sides by the use of a permanent wall of wood, brick, or masonry. The enclosure, including any gates for pedestrian and/or disposal truck access, should be constructed to provide at least a 75% opaque screen of the receptacle from any street. The Site Plan does not propose outdoor storage areas. The refuse collection containers would be enclosed within an enclosure interior to the block. 7) All open areas not used for off-street loading or parking should be landscaped in accordance with the Des Moines Landscape Standards. (See Site Plan Landscape Policies) The Site Plan would subject to parkway plantings only as there are not any surface parking lots proposed. The submitted Site Plan meets the minimum landscaping requirements. 8) Access doors for any warehouse use and any loading docks should not front on any public street. That portion of a building fronting on a public street should be used in an office or other commercial use. No warehouse use or loading docks are proposed. All access doors to the building are pedestrian doors away from the street facing sides. 3. Downtown Overlay District Design Guidelines: In acting upon any site plan application for development of property located within the Downtown Overlay District, the community development director (or plan and zoning commission if applicable) shall apply the regulations and design guidelines in Section of the City Code, which are in consideration of the criteria set forth in Chapter 18B of the Iowa 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 such design regulations and the following guidelines. These guidelines shall be applied to the entire site when a new building is constructed or when an existing building is cumulatively expanded by more than 50% of its gross floor area as of the time it became part of the downtown overlay district. If a building is cumulatively expanded by less than 50% of its gross floor area as of the time it became part of the downtown overlay district, then these guidelines shall apply only to the expansion of the building. A) Projects should demonstrate understanding of the micro and macro context for the project by offering place specific solutions for materiality, massing, uses, fabric and climate that are consistent with the vision of the What s Next

17 Page 17 Downtown Plan. In most cases, corporate prototype architecture may not be an acceptable design. The proposed structure satisfies this guideline. The building addressed both street facing sides and keeps non-public functions internal to the block and away from the public streets. B) Low Impact development techniques should be utilized which implement site water quality control solutions, using materials which are locally available and creating projects which minimize energy consumption. There is underground stormwater management proposed. C) Connectivity between adjacent properties should be provided or demonstrated for both pedestrian and vehicular circulation. The building would address the streets directly to both public sidewalk systems on East 2 nd Street and Grand Avenue. Vehicular access would be shared through the center of the block with each of the other three existing buildings. D) The incorporation of soft (green) spaces on site is encouraged. There would be privately accessible green space provided within the proposed courtyard that would be internal to the block and available to the occupants of the building. E) Where feasible, projects should provide outdoor spaces for people gathering. There would be a gathering space within the proposed internal courtyard. F) If feasible, connections to adjoining bike paths or on-street bike facilities and onsite bike racks should be provided in close proximity to building entrances. While there are bike racks proposed internally to the site which are privately accessible, none are proposed on the streetscape to serve the public which would frequent the ground level retail/office spaces. Staff believes that these must be provided at appropriate locations near the entrances to the retail and multiple-family residential areas. G) Building heights. Minimum height for all uses should be the lesser of 36 feet or three stories. The proposed 73-foot height (6 stories) building satisfies this guideline. H) Bulk standards, building setbacks, orientation, frontage and residential access:

18 Page All buildings with river frontage should orient towards the river and have building entrances that are oriented to the river and primary street(s). Not applicable. 2. All buildings without river frontage should have entrances oriented toward primary street(s). The first floor retail/office spaces all would have entrances directly onto the adjoining public street system. There are also proposed entrances to stair towers serving the upper floor residential apartments which would access directly to the public streets. 3. All buildings should have frontage on principal street(s) of not less than 70 percent of the lot. The building would occupy over 70% of the frontages along East Grand Avenue and East 2 nd Street. 4. For commercial and mixed-use buildings, at least 70 percent of the building frontage should be within one foot of the property line. Over 70% of all street facing sides of the building would have a zero setback from public streets. There are some recesses in the facades to provide articulation. 5. At least one building entrance for residential uses should directly access the street when a residential use is located above street-level retail or commercial uses. The stair tower proposed for access to the upper floor multiple-family residential apartments would have entrances directly accessing the street. 6. For residential buildings, a maximum setback of 15 feet from the public rightof-way is permitted unless superseded by bulk regulations of the underlying zoning district (i.e. R-HD Residential Historic District, R1-60 Low Density Residential District, etc.). The building has a zero setback from the public rights-of-way. I) Storage of all materials and equipment should take place within completely enclosed buildings. No outdoor storage of materials and equipment is proposed.

19 Page 19 J) All refuse collection containers and dumpsters should be enclosed on all sides by the use of a permanent wall of wood, brick or masonry and steel gates which are compatible in design with the principal structure. The proposed trash enclosure would be located internally to the site away from the public street sides of the building and accessed by drives interior to the block. K) All open areas not used for off-street loading or parking should be landscaped in accordance with the Des Moines Landscape Standards for C-3 districts. The proposed Site Plan would comply with the design guideline by meeting the parkway plantings requirements. L) Access doors for any warehouse use and any loading docks should not front on any public street. No overhead doors or loading docks are proposed. M) Gas stations/convenience stores should be limited to no more than six pumps and allow no more than 12 vehicles to be fueled at one time. N/A. N) Gas station / convenience stores and canopies, drive-thru facilities for restaurants, banks, parking garages and other auto-dominant uses should not front or have vehicular access on or to a pedestrian corridor as designated in the downtown pedestrian corridor map on file in the office of the city clerk as approved by city council resolution. N/A. O) Existing curb cuts should be consolidated to the minimum number necessary and be located as directed by the city traffic engineer and community development director. The development would share a curb cut along East 2 nd Street with the property to the south. P) Parcels proposed for development that are greater than two acres should be rezoned to a planned unit development (PUD) zoning classification. The site measures 1.09 acres in area. Q) Auto-dominant uses as described in guideline N above should be located in a mixed use commercial center and with buildings possessing a unified commercial design.

20 Page 20 No auto-dominant uses are proposed. R) Parking ramps should either include ground floor retail or commercial space, be designed for conversion to retail or commercial space, or have significant architectural detail. No parking ramps are proposed. 4. Urban Design: The submitted elevations indicate use of brick and glass material as the predominant materials on the street facing façades of the building, wrapping around both ends the full height of the building. There is weathering steel panels proposed on portions of the upper two floors of the East Grand Avenue facade. This material is also used on the entire façade (other than the wrap around) of all the non-street facing walls. The weathering steel will eventually have a patina that is very dark in color. The Urban Design Review Board approved these elevations in general form at their August 18, 2015 meeting. 5. Right-of-Way Vacation Request: The appellant has requested vacation of portions of the adjoining rights-of-ways in order to accommodate the building s foundation and balconies on the residential floors. The foundation of the structure would extend underground up to 4 feet into the East Grand Avenue right-of-way. Balconies proposed on the upper floor residential units would extend up to 4 feet into both the East Grand Avenue and East 2 nd Street rights-of-way. Easements must be provided for all existing utilities that are impacted until such time that they are abandoned or are relocated. 6. Parking: The Site Plan only proposes 6 off-street parking spaces. The C-3B District does not require minimum off-street parking. From a practical standpoint, the parking needs of commercial occupants and residents will be available nearby from a companion parking ramp project proposed on the block to the west. 7. Drainage/Grading: The Site Plan provides underground stormwater detention. 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. All grading is subject to an approved grading permit and soil erosion control plan. All trees being removed are smaller in diameter than what would require mitigation. The project would proposed replacement trees for the parkway plantings being removed. 8. Additional Information: The Site Plan indicates that all mechanical equipment would be located interior to the structure. However, Staff recommends a condition of approval be that all mechanical equipment and utility meters shall be architecturally integrated into the structure and entirely screened from public street views.

21 Page 21 III. STAFF RECOMMENDATION TO THE PLAN AND ZONING COMMISSION AND BASIS FOR APPROVAL Parts A & B) Staff recommends approval of the requested vacations, subject to reservation of any necessary easements for existing utilities in place until such time that they are abandoned or are relocated. Part C) Staff recommends approval of the proposed Site Plan, subject to the following conditions: 1. Compliance with all administrative review comments of the City s Permit and Development Center. 2. Bike racks shall be provided at appropriate locations near the entrances to the retail and multiple-family residential areas on the public streetscape. 3. All mechanical equipment and utility meters shall be architecturally integrated into the structure and shall be entirely screened from public street views. SUMMARY OF DISCUSSION Greg Jones asked if anyone was opposed to this item. None were present or requested to speak. COMMISSION ACTION: Dory Briles moved staff recommendation for approval of Parts A & B) the requested vacations, subject to reservation of any necessary easements for existing utilities in place until such time that they are abandoned or are relocated and approval of Part C) Staff recommends approval of the proposed Site Plan, subject to the following conditions: 1. Compliance with all administrative review comments of the City s Permit and Development Center. 2. Bike racks shall be provided at appropriate locations near the entrances to the retail and multiple-family residential areas on the public streetscape. 3. All mechanical equipment and utility meters shall be architecturally integrated into the structure and shall be entirely screened from public street views. THE VOTE: 8-0 (Jacqueline Easley and John Jack Hilmes were not yet present). ***************************** **********************************************************************************************

22 Page 22 NON-CONSENT HEARING ITEMS Item 5 Item #5B is continued from the October 15, 2015 meeting of the Commission. Request from Quik Trip Corporation (purchaser) represented by Matt Brooks (officer) for the following actions related to property located at 1200 Keosauqua Way: A) Vacation of an irregular segment of Center Street adjoining the southeastern portion of the subject property where it intersects with 12 th Street. ( ) B) Review and approval of a Site Plan Quik Trip No under design guidelines for gas stations/convenience stores, on property located at 1200 Keosauqua Way and 1201 Center Street, to allow development of a 5,773- sqaure foot convenience store with a pump island canopy for 12 fueling locations. The subject property is owned by Des MoinesArts, Inc. and the Dorothy V. Clark Revocable Trust. ( ) STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION 1. Purpose of Request: The applicant is proposing to redevelop the site. The existing building, surface parking and right-of-way would be removed and replaced with a 5,773-square foot convenience store building and fuel pump island. 2. Size of Site: The site measures 73,208 square feet (1.68 acres). This includes 4,434 square feet of right-of-way. 3. Existing Zoning (site): C-2 General Retail and Highway-Oriented Commercial District, D-O Downtown Overlay District, GGP Gambling Games Prohibition Overlay District, and FSO Freestanding Sign Overlay. 4. Existing Land Use (site): Vacant commercial building and surface parking lot. 5. Adjacent Land Use and Zoning: North M-1 ; Use is a vacant commercial building. South C-0 ; Use is the Unity Point Health Iowa Methodist Medical Center. East C-2 ; Use is an office and warehouse building. West C-2 ; Uses are office buildings and Git-N-Go Convenience Store.

23 Page General Neighborhood/Area Land Uses: The subject site is located at the intersection of Keosauqua Way and 12 th Street in the downtown. The area contains a mix of commercial, medical and residential uses. 7. Applicable Recognized Neighborhood(s): The subject property is located in the Downtown Des Moines Neighborhood. The neighborhood was notified of the October 15, 2015 Commission meeting by mailing of the Preliminary Agenda on September 25, 2015 and the Final Agenda on October 9, Additionally, separate notifications of the hearing for the site plan were mailed on October 5, 2015 (10 days prior to the initial hearing) to the Downtown Des Moines Neighborhood Association and to the primary titleholder on file with the Polk County Assessor for each property within 250 feet of the site for the October 15, 2015 meeting. The neighborhood was notified of the November 19, 2015 Commission meeting by mailing of the Preliminary Agenda on October 30, 2015 and the Final Agenda on November 12, Additionally, separate notifications of the hearing for the rightof-way vacation were mailed on November 9, 2015 (10 days prior to the hearing) to the Downtown Des Moines Neighborhood Association and to the primary titleholder on file with the Polk County Assessor for each property adjoining the impacted rightof-way. 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 Larry Bradshaw, 418 6th Avenue, Suite 902, Des Moines, IA Relevant Zoning History: None Community Character Land Use Plan Designation: Downtown Support Commercial. 10. Applicable Regulations: In acting upon any site plan application for development of property located within the Downtown Overlay District, the community development director (or plan and zoning commission if applicable) shall apply the regulations in section of this article and the design guidelines in this section except as to those site plan applications for development of property located in the R1-60 and R- HD zoning districts within the downtown overlay district, which are in consideration of the criteria set forth in Chapter 18B of the Iowa 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 such design regulations and the following guidelines. These guidelines shall be applied to the entire site when a new building is constructed or when an existing building is cumulatively expanded by more than 50% of its gross floor area as of the time it became part of the downtown overlay district. If a building is cumulatively expanded by less than 50% of its gross floor area as of the time it became part of the downtown overlay district, then these guidelines shall apply only to the expansion of the building.