Des Moines, Iowa July 19, 2018 Page 1

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1 Page 1 PRESENT: Francis Boggus, Jann Freed, Lisa Howard, Carolyn Jenison, Mike Simonson, Dory Briles, David Courard-Hauri, Jacqueline Easley, John Jack Hilmes, Greg Jones, Steve Wallace and Greg Wattier. ABSENT: Chris Cutler, Rocky Sposato and Will Page. STAFF PRESENT: Mike Ludwig, Erik Lundy, Glenna Frank and Tyler Hall. Dory Briles moved to approve the minutes of the June 21, 2018 Plan & Zoning Commission meeting. Motion carried Freed and Howard abstained as they were not present for the June 21, 2018 meeting. Carolyn Jenison was not yet present. Jacqueline Easley asked if anyone was present in the audience or on the commission who desired to speak on items #1, #2, and #3. None were present or requested to speak. Greg Jones made a motion to approve the consent agenda items #1, #2, and #3. Motion carried 10-0 for items #1 and #3. Motion carried for item #2 (Greg Wattier abstained from the vote). CONSENT AGENDA PUBLIC HEARING ITEMS Item 1 Request from Bryn Mawr Associates, LP (owner) represented by Frank Levy for review and approval of a Site Plan Bryn Mawr Apartments under design guidelines for multiple-family dwellings on property located at th Street, to allow for the addition of two units to the existing 26-unit dwelling for a total of 28 dwelling units. ( ) STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION Purpose of Request: The appellant is in the process of renovating the subject property. Approval of the request would allow the number of dwelling units to be increased from 26 to 28, which would restore the building to the number of units it originally contained. Staff understands the applicant is utilizing historic tax credits for renovation of a historic property. The applicant is obligated to restore the building, to the extent possible, to its original state to qualify for the tax credits. 1. Size of Site: 19,191 square feet (0.43 acres) 2. Existing Zoning (site): R-4 Multiple-Family Residential District and FSO Freestanding Signs Overlay District. 3. Existing Land Use (site): Historic multiple-family dwelling.

2 Page 2 4. Adjacent Land Use and Zoning: North NPC ; Use is a bank. South R-4 ; Use is a multiple-family dwelling. East R-4 ; Use is a multiple-family dwelling. West R-4 ; Use is a multiple-family dwelling. 6. General Neighborhood/Area Land Uses: The subject property is located on the east side of 29 th Street between Ingersoll Avenue and Grand Avenue. The area consists of mixed-use buildings, multiple-family residential uses, and single-family dwellings. 7. Applicable Recognized Neighborhood(s): The subject property is located in the Woodland Heights neighborhood. All recognized neighborhoods were notified of the meeting by mailing of the Preliminary Agenda on June 29, Additionally, separate notifications of the hearing for this specific item were mailed on July 9, 2018 (at least 10 days prior to the scheduled hearing) to the primary titleholder on file with the Polk County Assessor for each property within 250 feet of the site. A Final Agenda for the meeting was mailed to all the recognized neighborhood associations on July 13, All agendas and notices are mailed to the primary contact(s) designated by the recognized neighborhood association to the City of Des Moines Neighborhood Development Division. The Woodland Heights Neighborhood Association notices were mailed to Phil Kreznor, th Street, Des Moines, IA Relevant Zoning History: On June 27, 2018, the Zoning Board of Adjustment granted the appeals for an Exception of 4,609 square feet less than the minimum 23,800 square feet of lot area required for 28 dwelling units (850 sq. ft. of lot area required per dwelling unit), an Exception of up to 21 parking spaces less than the minimum 42 parking spaces required for 28 dwelling units (1.5 spaces per dwelling unit), a Variance of 20 feet less than the minimum 30 feet of paving setback required for a parking lot in an R Residential District, an Exception of up to 12 feet less than the minimum 24 feet of maneuvering space required for 90-degree angle parking spaces, and an Exception of 2.58 feet less than the minimum 10 feet of width required for a driveway for one-way circulation, to allow for the number of dwelling units within the existing multiple-family residential structure on the 19,191- square foot parcel to increase from 26 dwelling units to 28 dwelling units, while providing at least 21 off street parking spaces. The relief was approved subject to the following conditions: a. Compliance with all applicable Site Plan and Building Codes, with issuance of all necessary permits by the Permit and Development Center. b. Compliance with all applicable Rental Code requirements.

3 Page 3 9. PlanDSM: Creating Our Tomorrow Plan Land Use Plan Designation: Community Mixed Use. 10. Applicable Regulations: The Commission shall determine if the preliminary plat conforms to the standards and requirements outlined in Chapter 354 of the Iowa Code and consider the criteria set forth in Chapter 18B 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 Plan and Zoning Commission reviews and approves site plans for multiple family dwellings, boarding houses or rooming-houses in accordance with the design standards in section of the City Code, 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 the following design standards. 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 subject building was built in 1920 and is currently undergoing renovation. Staff understands the applicant is utilizing historic tax credits for renovation of the historic property. The applicant is obligated to restore the building, to the extent possible, to its original state to qualify for the tax credits. The building is compatible with the adjacent areas. 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

4 Page 4 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 existing building is three stories tall with habitable garden level units and compatible in massing and height to the neighborhood. 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 fronts 29 th Street and would comply with this standard. 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. N/A. 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. The submitted Site Plan does not indicate if there will be rooftop mechanical equipment. All rooftop mechanical equipment is required to be screened with material that is architecturally compatible with the building to the satisfaction of the Planning Administrator. Staff also notes that any utility meters, transformers, ground-mounted equipment, and other utilities shall be placed along the rear half of the side facades or along the rear façade and screened with material that is architecturally compatible with the building to the satisfaction of the Planning Administrator. 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. All stairways and means of egress would be internal to the building. 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. See subparagraph 4 of Section II for landscaping information.

5 Page 5 II. ADDITIONAL APPLICABLE INFORMATION 1. Natural Site Features: Development of the site must be in compliance with the City s Tree Removal and Mitigation Ordinance (Section of the City Code). 2. Drainage/Grading: Any 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. 3. Parking: The R-4 District requires 1.5 off-street parking spaces per dwelling unit. A minimum of 42 parking spaces are normally required for the proposed 28 dwelling units. The parking lot would include space for 21 stalls. The applicant received approval from the Zoning Board of Adjustment on June 27, 2018 to provide 21 parking spaces. 4. Landscaping: The submitted Site Plan documents a variety of trees and shrubs of a quality and number to satisfy the City s landscaping requirements. The Site Plan requires a 10-foot setback along the east side of the parking lot. Staff recommends approval subject to the conditions pertaining to landscaping in Section III of this report. III. STAFF RECOMMENDATION Staff recommends approval of the submitted Site Plan subject to the following conditions: 1. Compliance with all administrative review comments of the City s Permit and Development Center. 2. All utility meters, transformers, ground-mounted equipment, and other utilities shall be placed along the rear half of the side facades or along the rear facade. 3. All rooftop mechanical equipment shall be screened with material that is architecturally compatible with the building to the satisfaction of the Planning Administrator. 4. Review and approval of the finalized landscape plan by the Planning Administrator. SUMMARY OF DISCUSSION Jacqueline Easley asked if anyone was present to speak on this item. None were present or requested to speak.

6 Page 6 COMMISSION ACTION: Greg Jones made a motion for approval of submitted Site Plan subject to the following conditions: 1. Compliance with all administrative review comments of the City s Permit and Development Center. 2. All utility meters, transformers, ground-mounted equipment, and other utilities shall be placed along the rear half of the side facades or along the rear facade. 3. All rooftop mechanical equipment shall be screened with material that is architecturally compatible with the building to the satisfaction of the Planning Administrator. 4. Review and approval of the finalized landscape plan by the Planning Administrator. Motion approved Item 2 *************************** *************************** Request from HRC NFS I, LLC, (owner) 210 and 310 Southwest 11 th Street, represented by Kris Saddoris (officer) for vacation of air rights on the adjoining south 5.67 feet of West M.L. King Jr. Parkway and the west 4.75 feet of Southwest 11 th Street Rights-Of-Way (ROW), to allow for balconies and building overhang encroachments for proposed multi-family dwellings. ( ) STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION 1. Purpose of Request: On February 15, 2018, the Commission conditionally approved the PUD Development Plan for the Linc project, which consists of a 5- story, 84-unit multiple-family residential building; a 5-story, 131-unit multiple-family residential building; and a 1-story clubhouse building. On April 19, 2018, the Commission conditionally approved a major Preliminary Plat to allow the subject property to be subdivided for two development parcels and two parcels to be dedicated for public street right-of-way. The proposed vacations of air rights would allow additional balconies to be provided along the front facades of the buildings than originally proposed. In addition, the vacations would allow for the buildings to have an overhang that protrudes past the

7 Page 7 property line as an architectural feature. Additional information on building design modifications can be found in Section II(3) of this report. 2. Size of Site: 5.36 acres (233,695 square feet). 3. Existing Zoning (site): PUD Planned Unit Development, D-O Downtown Overlay District, GGP Gambling Games Prohibition District and FSO Freestanding Sign Overlay District. 4. Existing Land Use (site): Vacant land. 5. Adjacent Land Use and Zoning: East - C-3B & PUD ; Uses are a cell tower, a hotel, and vacant land within the Gray s Landing Office I PUD. West - C-3B ; Use is vacant land. North - C-3B ; Use is the Martin Luther King, Jr. Parkway corridor. South - PUD & C-3B ; Uses are vacant industrial property. 6. General Neighborhood/Area Land Uses: The subject site is located in the southwest portion of the downtown. The surrounding area consists of vacant land, commercial uses, multiple-family residential uses, light industrial uses, the Raccoon River and Gray s Lake. 7. Applicable Recognized Neighborhood(s): The subject property is in the Downtown Des Moines Neighborhood. All neighborhood associations were notified of the Commission meeting by mailing of the Preliminary Agenda on June 29, Additionally, separate notifications of the hearing for this specific item were mailed on July 9, 2018 (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 adjacent to the subject ROW. A final agenda was mailed on June 15, 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 Austin Lewis, 915 Mulberry Street, Unit 504, Des Moines, IA Relevant Zoning History: On July 24, 2017, the City Council conditionally approved the Gray s Station PUD Conceptual Plan and the first reading of the rezoning ordinance by Roll Call Number On August 2, 2017, the City Council approved the second reading of the rezoning ordinance by Roll Call Number On August 14, 2017, the City Council approved the final reading of the rezoning by Roll Call Number , thereby approved Ordinance Number

8 Page 8 15,600. The rezoning and PUD Conceptual Plan were reviewed by the Plan and Zoning Commission on July 6, 2017 and July 20, The Gray s Station PUD Conceptual Plan allows acres of former industrial land to be converted into a residential and mixed-use development. The northeast and southwest portions of the site would contain mixed-use development. A largescale storm water basin area is proposed along the southern perimeter of the development that would include a wetland park component. The core of the development would allow for a mix of detached, semi-attached and rowhouse single-family dwellings as well as small multi-family buildings. Multi-story, multiplefamily residential buildings are proposed along the north and south perimeters of the street network. The PUD Conceptual Plan sets a minimum density for the development and basic design parameters. The exact makeup of the development would be determined by the PUD Development Plan of each phase. A total of three phases are identified on the Conceptual Plan that would have a combined total of at least 1,100 dwelling units. This equates to 13 dwelling units per gross acre (83.73 acres) or 28 dwelling units per net acre (39.2 acres). 9. PlanDSM Land Use Plan Designation: The subject site is designated as Downtown Mixed Use on the Future Land Use Map. The balance of the Gray s Station PUD is designated a mix of Downtown Mixed Use and Neighborhood Mixed Use on the Future Land Use Map. 10. Applicable Regulations: The Commission, considering the criteria set forth in Chapter 18B of the Iowa Code, reviews all proposals to vacate land dedicated for a specific public purpose, such as for streets and parks, to determine whether the land is still needed for such purpose or may be released (vacated) for other use. The recommendation of the Commission is forwarded to the City Council. II. ADDITIONAL APPLICABLE INFORMATION 1. Utilities: Staff is not aware of any conflicts that would be created with existing utilities by the proposed vacations of air rights. 2. Street System/Access: The requested vacation of air rights would not impact the existing street system, or vehicular and pedestrian movement in the area. 3. Additional Information: On February 15, 2018, the Commission reviewed the PUD Development Plan for the proposed project. Since that time, staff has continued to work with the development team, Office of Economic Development staff and the Urban Design Review Board on the architecture of the proposed buildings. The following is a summary of improvements that have been made since the Commission saw the design in February. North Building

9 Page 9 Front entry glass/metal wall and cantilevered roof form at 5th floor common patio. Minor changes to the amount of glass at the front entry. The breakdown of the glass windows has a better pedestrian scale now at the first floor and along the commercial entry wall fronting Martin Luther King, Jr. Parkway. MLK bent warm metal cantilevered form. This form is retained and increased vertically to include the 4th floor. The changes improved the proportions of the overall form. Exterior material proportions. The amount of warm color metal panels have been increased. Exterior private space. Twelve (12) aluminum and glass balconies were added along Martin Luther King, Jr. Parkway on the grey metal mass at the west end. Nineteen (19) recessed patios were added along Martin Luther King, Jr. Parkway in the warm material bent form area. These added exterior spaces will bring more life to the MLK side of the development and better demonstrate the residential vitality of the building. No other balconies were added or changed. MLK recessed commercial entries. The recessed entrances were removed due to cost and space programing needs. South Building Rear parapet walls. The parapet walls on the parking lot side of the entire building have been raised to block the views of the HVAC equipment. Exterior private space. Six (6) recessed private patios were added to the second floor along 11 th Street. Thirteen (13) wood /metal clad balconies were added to the second floor along Tuttle Street. Additional balconies and patios will add to the pedestrian vitality along the streets. Thirteen (13) wood/metal clad balconies on the parking lot side at the second floor were added. One wood/metal clad balconies on the north short side at the entry drive was added. III. STAFF RECOMMENDATION Staff recommends approval of the requested vacations to accommodate the revised building elevations. 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 for approval of the requested vacations to accommodate the revised building elevations.

10 Page 10 Motion approved (Greg Wattier abstained from the vote) Item 3 **************************** **************************** City initiated request for vacation of the following segments of Right-Of-Way as part of the proposed Des Moines Transloading Facility north of 1101 Raccoon Street and 200 Southeast 15 th Street: ( ) A) Southeast 15 th Street from East Market Street to East M.L. King Jr. Parkway. B) Southeast 11 th Street from Raccoon Street north to the Iowa Interstate Railroad. C) North/South alley between Southeast 11 th Street and Southeast 12 th Street from the BNSF Railroad north to the Iowa Interstate Railroad. D) Southeast 12 th Street from the BNSF Railroad north to the Iowa Interstate Railroad. STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION 1. Purpose of Request: The proposed vacation would allow assembly of the existing Right-of-Way with the adjoining parcels for development of a Transloading facility for transfer of goods between rail and over the road transportation. 2. Size of Site: Scattered segments of ROW totaling approximately 1.61 acres. 3. Existing Zoning (site): M-1 Light Industrial District, M-2 Heavy Industrial District, D-O Downtown Overlay District and FSO Freestanding Sign Overlay District. 4. Existing Land Use (site): Developed Right-of-Way (ROW) dedicated for ingress/egress from the north/south alley to East 14 th Street. 5. Adjacent Land Use and Zoning: North M-1 : Use vacant land. East M-2 & M-1, Use is vacant land. South - M-1 & M-2 : Use is street ROW. West M-1 & M-2, Use is Bituminous Material and Supply. 6. General Neighborhood/Area Land Uses: The segments of ROW are located north of the recently constructed Southeast Connector within an industrially developed area.

11 Page Applicable Recognized Neighborhood(s): The western segments of ROW are located within the Historic East Village Neighborhood. All neighborhood associations were notified of the meeting by mailing of the Preliminary Agenda on June 29, Additionally, separate notifications of the hearing for this specific item were mailed on July 9, 2018 (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 subject alley ROW. A Final Agenda for the meeting was mailed to all the recognized neighborhood associations on July 13, All agendas and notices are mailed to the primary contact designated by the recognized neighborhood association to the City of Des Moines Neighborhood Development Division. The Historic East Village mailings were sent to Chris LoRang, PO Box 93904, Des Moines, IA Relevant Zoning History: N/A. 9. PlanDSM Land Use Plan Designation: Downtown Mixed Use and Industrial. 10. Applicable Regulations: In consideration of the criteria set forth in Chapter 18B of the Iowa Code, the Commission reviews all proposals to vacate land dedicated for a specific public purpose, such as for streets and parks, to determine whether the land is still needed for such purpose or may be released (vacated) for other use. The recommendation of the Commission is forwarded to the City Council. II. ADDITIONAL APPLICABLE INFORMATION 1. Utilities: There is a 48-inch water main within and 36-inch public storm sewer crossing the southern edge of the requested 15 th Street ROW. Otherwise no other utilities are identified within additional ROW segments. Necessary easements should be reserved for any utilities that may be in place. 2. Street System/Access: The requested vacation would not impact the existing public street system. None of the requested segments are active with any developed portion of the street system. 3. Additional Information: On July 9, 2018, by Roll Call No , the City Council initiated the vacation of the subject segments of ROW and referred the matter to the Plan and Zoning Commission for review and recommendation. Des Moines Transload Services, LLC is pursuing vacation and conveyance of the City-owned ROW for assemblage for the construction and operation of a railroad transloading facility and for rail track connection and stormwater management purposes. The site is adjacent to three (3) Class I and one (1) Class II rail lines, which is a rare national occurrence. This convergence opens doors for goods distribution via truck and rail transloading in Des Moines, the region, the State of Iowa, and global

12 Page 12 markets. In addition, there are potential benefits to the ongoing SE AgriBusiness Park redevelopment plans, and broader ability to market Des Moines. The proposed purchase agreement for City owned real estate to be used for the project does not include provisions for detailed review of site and building development plans. Staff recommends that the City Council review such plans with the guidance of the Urban Design Review Board as part of any lease or sale consideration of the subject ROW in order to ensure quality redevelopment along the Southeast Connector (East M.L. King, Jr. Parkway) corridor. III. STAFF RECOMMENDATION Staff recommends approval of the requested vacation subject to the following conditions: 1. Reservation of any necessary easements as part of any conveyance for all existing utilities in place shall be provided until such time that they are abandoned or are relocated. 2. Review of development plans for the Transload Facility by the City Council with recommendations by the Urban Design Review Board as part of any conveyance of ROW. 3. Review and approval of any development by the City Council under the design criteria as described in the Commercial Construction and Sustainability Requirements of the Tax Abatement Standards and the Landscape Enhancement Corridor requirements as part of any conveyance of ROW. 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 for approval of the requested vacation subject to the following conditions: 1. Reservation of any necessary easements as part of any conveyance for all existing utilities in place shall be provided until such time that they are abandoned or are relocated. 2. Review of development plans for the Transload Facility by the City Council with recommendations by the Urban Design Review Board as part of any conveyance of ROW.

13 Page Review and approval of any development by the City Council under the design criteria as described in the Commercial Construction and Sustainability Requirements of the Tax Abatement Standards and the Landscape Enhancement Corridor requirements as part of any conveyance of ROW Motion approved ******************************* ********************************************************** NON-CONSENT AGENDA PUBLIC HEARING ITEMS (Carolyn Jenison arrived at 6:12) Item 4 Request from TK Development, LLC (owner) represented by Dan Kruse (officer) for review and approval of an amendment to a major Preliminary Plat Southwood Estates on property located at 3800 Southwest 56 th Street, to allow further subdivision of the previously approved Lot 32 into 27 additional lots for single-family residential dwelling development for a total of 50 lots. The previously approved Preliminary Plat contained 23 other lots for single-family residential dwelling development, two outlots for future subdivision development, and four lots to be dedicated for street Right-Of-Way. ( ) STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION 1. Purpose of Request: The applicant is proposing to further subdivide the subject property for a total of 50 single-family residential lots. The proposed Preliminary Plat amendment specifically shows previously approved Lot 32 being further divided into 27 additional single-family lots on a cul-de-sac, including a large Lot 15 (6.678 acres) containing an existing two-story single-family dwelling. 2. Size of Site: acres. The proposed amendment area is acres. 3. Existing Zoning (site): R-2 One- and Two-Family Residential District and FSO Freestanding Sign Overlay District. 4. Existing Land Use (site): Single-family dwelling, four accessory structures, and vacant undeveloped land with timber. 5. Adjacent Land Use and Zoning: East - M-3 ; Uses are three single-family dwellings and vacant land.

14 Page 14 West Airport Commerce Park West PUD ; Uses are light industrial and vacant land. North - Airport Commerce Park West PUD ; Uses are light industrial and vacant land. South - R1-80 ; Use is undeveloped land. 6. General Neighborhood/Area Land Uses: The subject property is located in an area that contains light industrial uses, undeveloped land and some large-lot singlefamily dwellings. 7. Applicable Recognized Neighborhood(s): The subject property is located within the Southwestern Hills Neighborhood. All neighborhood associations were notified of the public hearing meeting by mailing of the Preliminary Agenda on June 29, Notifications of the hearing for this specific item were mailed on July 9, 2018 (10 days prior) to the primary titleholder on file with the Polk County Assessor for each property within 250 feet of the site. A Final Agenda for the meeting was mailed to all the recognized neighborhood associations on July 13, All agendas are mailed to the primary contact designated by the recognized neighborhood association to the City of Des Moines Neighborhood Development Division. The Southwestern Hills Neighborhood Association mailings were sent to George Davis, 3124 SW 29th Street, Des Moines, IA Relevant Zoning History: On December 4, 2017, the City Council amended the future land use designation from Business Park to Low Density Residential for the subject property and other undeveloped property north of the proposed Southwest Connector alignment and west of Southwest 56 th Street. Included in the motion of the City Council was direction to provide and secure a protection buffer on the residential development property to protect from previously approved business park areas to the north and west that are yet undeveloped. It was indicated that this should be considered as part of future development review. These business park areas were approved when the Comprehensive Plans for the City of that time (Land Use 2000) contemplated that the subject property was to be an extension of the business park and not residential development. Therefore, when the Council revised this with the December 2017 amendment to the PlanDSM, they wanted to ensure that the existing approved business park areas were not obligated to provide the residential protection, but rather the residential development would include the protection as development occurs. On April 19, 2018 the Plan and Zoning Commission approved a Preliminary Plat of the subject property, Southwood Estates which included 23 lots for single-family development. It also created two Outlots to allow for extension of Watrous Avenue from the west in cooperation with development of adjoining property to the south and development of the currently planned Southwest Connector Part PlanDSM Land Use Plan Designation: Low Density Residential.

15 Page 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. PlanDSM: Creating Our Tomorrow Plan Land Use Plan Designation: The subject property is designated as Low Density Residential on the Future Land Use Map. PlanDSM describes this designation as Areas developed with primarily single family and two family residential units with up to 6 dwelling units per net acre. 2. Natural Site Features: There is a natural drainage way running from southwest to northeast through the property. Much of this is timbered with some trees cleared in the recent past to accommodate public sanitary sewer construction. The submitted Preliminary Plat proposes to remove 310,000 square feet (7.12 acres) of tree canopy to accommodate the grading for streets and building pads for the lots. This requires 155 new tree plantings in accordance with the Tree Removal and Mitigation requirements in Article X Chapter 42 of the City Code. The submitted Preliminary Plat includes a tree protection plan in accordance with this requirement. As part of the City Council s direction to provide buffer protection from existing approved business park areas to the north and west, staff would recommend a 20- foot wide buffer protection easement be provided along the north and west property lines. This would prevent the area from being disturbed by clearing and grading and tree removal. Additionally, there are some gaps in the existing timber along these boundaries where staff recommends additional buffer plantings be provided which would also need protection. 3. Utilities: There is an 8-inch public sanitary sewer main running from a dead end of Watrous Avenue northeast along the drainage way to a manhole in Southwest 56 th Street. There is also a force main public sanitary sewer running essentially parallel to the other public main. The submitted Preliminary Plat amendment proposes to access the public sanitary sewer in between Lots 24 and 25 extended from the existing trunk sewer to the south. The public sanitary sewer would be extended within proposed Walcott Circle as an 8-inch main to serve the cul-de-sac.

16 Page 16 There is a 12-inch Des Moines Water Works public water main in Southwest 56 th Street that would be extended with an 8-inch main into the proposed street network. There is also water available in the dead-end of Watrous Avenue at the southwest corner of the property. 4. Drainage/Grading: The proposed stormwater management solution involves providing a detention basin at the eastern end of the drainageway. There are 18- inch public storm sewers proposed in Walcott Circle out letting to the proposed basin between Lots 26 and 27 and into the drainageway to the south. The developer is required to design both flood control detention and water quality detention into a development of this area. 5. Traffic/Street System: The resubmitted Preliminary Plat shows that the lots in the amendment area would be served by a dead-end public street systems, Walcott Circle, connecting to Southwest 56 th Street. The length of the proposed cul-de-sac is over 720 feet in length from the Southwest 56 th Street terminus to the center of the proposed turnaround. The proposed turnaround is required to be a minimum 96 feet in diameter under the adopted version of the International Fire Code. Also under that Code, dwellings beyond 750 feet of the terminus of the fire access road would have to provide sprinkler protection as part of construction. The developer is seeking waiver of this requirement for the existing home from the Fire Marshall. Depending on site location, this may require one or two of the new homes on the cul-de-sac to incorporate sprinkler protection. 6. Buffer Protection: The City Council directed that a buffer be provided as part of residential development of the property as protection from adjoining areas already approved for business park development to the north and west. There is significant timber and planting along those areas which should be protected from the development and being disturbed by future owners. Staff recommends that a 20- foot wide buffer protection easement be provided on the plat with the purpose of preventing grading, clearing, and removal of trees. There are some gaps in the timbered areas along these property boundaries. Staff believes that the standard buffer planting requirement of 2 overstory trees and 6 evergreen trees be provided within the 20-foot protection easement area where these gaps exist. III. STAFF RECOMMENDATION Staff recommends approval of the resubmitted Preliminary Plat, subject to the following conditions: 1. Compliance with all administrative review comments of the Permit and Development Center. 2. Revise street turnaround to be a minimum of 96 feet in diameter.

17 Page Provide a buffer protection easement along the north and west 20 feet of the property which will prohibit grading, clearing, and removal of trees unless approved by the City Arborist. 4. Provide buffer yard plantings within un-timbered gaps in the buffer protection easement at 2 overstory trees and 6 evergreen trees per 100 lineal feet to the satisfaction of the Planning Administrator. SUMMARY OF DISCUSSION Erik Lundy presented the staff report and recommendation. CHAIRPERSON OPENED THE PUBLIC HEARING Brad Cooper 475 S. 50 th St. Suite 800 representing Cooper Crawford & Associates, stated they agree with all of staff s comments. They plan to have a 749 foot cul-de-sac that won t require fire sprinklers for all the homes. They also intend to keep the existing home and will show the 20-foot buffer on the final plat. Regarding the noise, they don t have any comment right now and ask staff to review any site plans to the North to make sure it complies with the noise ordinance put in place by the City. Stewart Ruddy 5000 Westown Parkway Suite 400 representing Knapp Properties, stated on November 16 th the Commission considered the amendment to the comprehensive plan. A Knapp Properties representative was not present because staff recommendation was for denial. P&Z recommended approval and Council approved amendment to allow property to be developed for residential use. They are not concerned about the developer but the residents not being properly notified about the existing business park to the north and west. They believe the developer should address the lack of notice in the declaration of covenants for the subdivision. John Jack Hilmes asked what is of record now. Stewart Ruddy stated he was not aware of what on record regarding their use. That s why he would like a notice in the declaration of covenants to serve as another level of protection for the consumer. John Jack Hilmes asked if he believes the developer disagrees with you because a document of record will be a deterrent of sale. Steward Ruddy stated he wasn t sure why the developer objects to that language. Penny Harrison 4500 SW 29 th St., stated as a realtor, she takes offense to the statements made about realtors not disclosing things like this to their clients. Brad Cooper stated they don t want to go above and beyond of what the City already has in place for noise ordinance and believes the residents would be protected by what has been put in place already by the City.

18 Page 18 CHAIRPERSON CLOSED THE PUBLIC HEARING Francis Boggus stated he would move staff recommendation, in addition a notice of commercial and industrial use to the north and east be written in the declaration of covenants. Michael Ludwig stated staff does not review or enforce private covenants and alternatively recommends that a note be added to the preliminary plat. Glenna Frank stated the City isn t involved in the declaration of covenants, unless it something the City needs such as storm water detention. Michael Ludwig asked if a note was added to the preliminary plat, could City Council ask if an agreement has been made between parties regarding this issue and decide if they wanted to approve the final plat at that time. Glenna Frank stated if it hasn t been addressed, they wouldn t be able to recommend approval. If addressing the issue with staff isn t efficient to Mr. Ruddy or his client, they could voice their opinion at the Council Meeting. Brad Cooper stated they clearly show commercial/industrial use to the north and west on their preliminary plat and if there is a notation they need to make on the final plat, they are fine with that. COMMISSION ACTION: Francis Boggus made a motion for approval of the resubmitted Preliminary Plat, subject to the following conditions: 1. Compliance with all administrative review comments of the Permit and Development Center. 2. Revise street turnaround to be a minimum of 96 feet in diameter. 3. Provide a buffer protection easement along the north and west 20 feet of the property which will prohibit grading, clearing, and removal of trees unless approved by the City Arborist. 4. Provide buffer yard plantings within un-timbered gaps in the buffer protection easement at 2 overstory trees and 6 evergreen trees per 100 lineal feet to the satisfaction of the Planning Administrator. 5. Provision of a note identifying the business park zoning and permitted uses for property adjacent to the north and west, and noise ordinance requirements pertaining thereto, to the satisfaction of the Planning Administrator. Motion approved *************************** ***************************

19 Page 19 (Mike Simonson arrive at 6:37) Item #5 Request from NJC Properties, LLC (owner), represented by Noel Chladek (officer) to rezone property located at 2525 McKinley Avenue. A) Determination as to whether the proposed rezoning is in conformance with the existing PlanDSM Creating Our Tomorrow future land use designation. B) Amend the existing PlanDSM Creating Our Tomorrow future land use designation from Business Park to Community Mixed Use. ( ) C) Rezone the property from M-3 Limited Industrial District to "C-2 General Retail and Highway-Oriented Commercial District, to allow single-family residential development of the property. The applicant is requesting a commercial district to maintain flexibility for mixed-use. (ZON ) STAFF REPORT TO THE PLANNING COMMISSION GENERAL INFORMATION 1. Purpose of Request: The proposed rezoning would allow for the property to potentially be developed for a residential use, which is not permitted in the M-3 Limited Industrial District. The conceptual sketch submitted with the rezoning application demonstrates that the parcel may be divided as six (6) lots for singlefamily residential development, with each lot having frontage along Southwest 26 th Street. The applicant is requesting a C Commercial District rather than an R Residential District to maintain future flexibility for permitted uses on the site. Should the rezoning be denied, the applicant would have up to one (1) year following that denial to seek a Use Variance from the Zoning Board of Adjustment to allow use of the property for a specific commercial use. Such a Use Variance would not require an amendment to the PlanDSM Creating Our Tomorrow future land use plan. 2. Size of Site: 105 feet by 297 feet (31, 269 square feet or 0.72 acre). 3. Existing Zoning (site): M-3 Limited Industrial District & FSO Freestanding Sign Overlay District. 4. Existing Land Use (site): Undeveloped land. 5. Adjacent Land Use and Zoning:

20 Page 20 North R1-60, Use is single-family residential. South - M-3, Uses are McKinley Avenue and the Des Moines International Airport. East M-3, Use is a business with a mix of office and light manufacturing uses (Biomechanical Composites). West M-3, Uses are Southwest 26 th Street and an auto repair business. 6. General Neighborhood/Area Land Uses: The subject property is located along the north side of McKinley Avenue to the west of the Fleur Drive commercial corridor. This segment of McKinley Avenue contains a mix of commercial and light industrial use across from the Des Moines International Airport. A low-density residential area is adjacent to the north. 7. Applicable Recognized Neighborhood(s): The subject property is located in the Southwestern Hills Neighborhood. The neighborhood was notified of the public hearing held on June 29, 2018 by mailing of the Preliminary Agenda. Additionally, separate notifications of the hearing for this specific item were mailed on June 29, 2018 (20 days prior to the July 19, 2018 hearing) and July 9, 2018 (10 days prior to the July 19, 2018 hearing) to the 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 July 19, 2018 hearing was mailed to the neighborhood on July 13, All agendas and notices are mailed to the primary contact person designated to the City of Des Moines Neighborhood Development Division by the recognized neighborhood association. The Southwestern Hills Neighborhood Association mailings were sent to George Davis, 3124 Southwest 29 th Street, Des Moines, IA The applicant is required to hold a neighborhood meeting prior to the Plan & Zoning Commission hearing. They will be available to provide a summary of this meeting at the public hearing. 8. Relevant Zoning History: None. 9. PlanDSM Future Land Use Plan Designation: Business Park. 10. Applicable Regulations: Taking into the consideration of 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.

21 Page 21 II. ADDITIONAL APPLICABLE INFORMATION 1. PlanDSM Creating Our Tomorrow: The future land use designation for the property is currently Business Park, which is defined as areas that accommodate light industrial, office and employment uses along with limited complementary retail uses. Industrial uses in this category would produce little or no noise, odor, vibration, glare, or other objectionable influences and would have little or no adverse effect on surrounding properties. The proposed rezoning to C-2 District would require an amendment to the Community Mixed Use designation. This designation accommodates small- to medium-scale mixed use development, located on high capacity transit corridors or at the intersection of transportation corridors. Community mixed use areas include both a mix of medium density residential and a mix of retail and service establishments designed to attract customers from a large service area encompassing multiple neighborhoods and may include specialty retail that attracts regional customers. The proposed Community Mixed Use designation would be surrounded by remaining Business Park designation on three sides (east, south, and west). Staff does not believe that it would be appropriate to revise the designation for this property since it could introduce residential dwellings into an area that is intended to be a business park-like setting along the Des Moines International Airport campus. Should the rezoning be denied, the applicant would have up to one (1) year following that denial to seek a Use Variance from the Zoning Board of Adjustment to allow use of the property for a specific commercial use. Such a Use Variance would not require an amendment to the PlanDSM Creating Our Tomorrow future land use plan. 2. Permit & Development Center Requirements: Should the rezoning be granted, any future reconfiguration of the parcel must be in accordance with a plat as reviewed and approved by the City s Permit and Development Center, and recorded with Polk County. Furthermore, any future development of the site must conform with all of City s Site Plan requirements, including those regarding stormwater management, landscaping, and screening of adjoining residential properties. All grading is subject to an approved grading permit and soil erosion control plan. III. STAFF RECOMMENDATION Part A) Staff recommends that the Commission find the requested rezoning not in conformance with PlanDSM: Creating Our Tomorrow Plan. Part B) Staff recommends denial of the request to amend the existing PlanDSM Creating Our Tomorrow future land use designation from Business Park to Community Mixed Use.