Des Moines, Iowa September 1, 2011 Page 1

Transcription

1 Page 1 PRESENT: JoAnne Corigliano, Shirley Daniels, Jacqueline Easley, Tim Fitzgerald, Dann Flaherty, John Jack Hilmes, Joel Huston, Ted Irvine, Greg Jones, William Page, Christine Pardee, Mike Simonson, Kent Sovern, and CJ Stephens ABSENT: STAFF PRESENT: Mike Ludwig, Jason Van Essen, Mike Kelley, and Cathy Whitfield Jacqueline Easley moved to approve the minutes of the August 18, 2011 Plan & Zoning Commission. Motion carried CONSENT AGENDA Item #1 Request from Jeremy and Jennifer Kerns (owners) 1122 Virginia Avenue, for vacation of the north/south alley between Southwest 9 th Street and Southwest 12 th Street from Virginia Avenue to Pleasant View Drive. ( ) STAFF REPORT TO THE PLANNING COMMISSION GENERAL INFORMATION 1. Purpose of Request: The request would allow the undeveloped alley right-of-way to be assembled with the adjacent single-family residential properties. 2. Size of Site: 12 feet by 260 feet (3,120 square feet). 3. Existing Zoning (site): R1-60 One-Family Low-Density Residential District. 4. Existing Land Use (site): Undeveloped alley right-of-way. 5. Adjacent Land Use and Zoning: East R1-60, Use is single-family residential. West R1-60, Use is single-family residential. 6. General Neighborhood/Area Land Uses: The subject alley right-of-way is located in a low-density residential area. 7. Applicable Recognized Neighborhood(s): Grays Lake Neighborhood. 8. Relevant Zoning History: N/A Community Character Land Use Plan Designation: Low-Density Residential.

2 Page Applicable Regulations: 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: No utilities have been identified within the right-of-way at this time. However, easements must be provided for any existing utilities until such time they are relocated at the applicant s expense. 2. Access/Traffic: The requested vacation of undeveloped alley right-of-way would not adversely impact the surrounding street network. III. STAFF RECOMMENDATION TO THE PLAN AND ZONING COMMISSION AND BASIS FOR APPROVAL Staff recommends approval for vacation of the requested alley rights-of-way subject to the following conditions: 1. Reservation of easements for all utilities in place until such time that they are abandoned or relocated at the applicant s expense. 2. Reservation of a public access easement over the southern half of the vacated alley to allow use for access to adjoining loading and off-street parking. SUMMARY OF DISCUSSION There was no discussion. CHAIRPERSON OPENED THE PUBLIC HEARING There was no one to speak in favor or in opposition of the applicant s request. CHAIRPERSON CLOSED THE PUBLIC HEARING COMMISSION ACTION: Kent Sovern moved staff recommendation to approve the vacation of the requested alley rights-of-way subject to the following conditions: 1. Reservation of easements for all utilities in place until such time that they are abandoned or relocated at the applicant s expense. 2. Reservation of a public access easement over the southern half of the vacated alley to allow use for access to adjoining loading and off-street parking. THE VOTE: 14-0

3 Page 3 Item #2 ***************************** ***************************** Request from the Wastewater Reclamation Authority (WRA), represented by William Stowe (officer), for vacation of the following segments of right-of-way to allow assembly of the properties owned by the City of Des Moines and/or WRA. ( ) A) East Railroad Avenue from SE 25 th Court to SE 26 th Court. B) East/west alley between Vale Street and East Railroad Avenue from SE 25 th Court to its east terminus. C) East/west alley between East Railroad Avenue and Harriett Street from SE 25 th Court to its east terminus. D) Harriett Street from SE 25 th Court to its east terminus. E) North/south alley between SE 25 th Court and SE 26 th Court from Vale Street to C B & Q Street. F) SE 26 th Court from East Railroad Avenue to its south terminus. G) North/south alley between SE 26 th Court and SE 27 th Street from East Railroad Avenue to C B & Q Street. H) SE 27 th Street from East Railroad Avenue to C B & Q Street. I) North/south alley between SE 27 th Street and SE 27 th Court from East Railroad Avenue to C B & Q Street. J) North/south alley between SE 27 th Court and SE 28 th Street from East Railroad Avenue to C B & Q Street. STAFF REPORT TO THE PLANNING COMMISSION GENERAL INFORMATION 1. Purpose of Request: The requested vacation of street and alley right-of-way would allow for the consolidation of properties owned by the Wastewater Reclamation Authority (WRA) and the City of Des Moines. WRA has been voluntarily purchasing property in the vicinity in order to maintain a buffer around the Wastewater Reclamation Facility (WRF). The Iowa DNR requires a 1,000-foot clearance from any inhabitable structure to any buildings that are used for wastewater treatment if the WRF ever expands. Therefore, the WRA is taking a proactive approach by voluntarily acquiring property to the north of the WRF in order to provide a 1,000- foot buffer area for any future expansion. Of the ten (10) requested segments of street and alley rights-of-way, East Railroad Avenue between SE 25 th Court and SE 26 th Court is the only segment that is open and in regular use. The City of Des Moines owns all properties adjoining this segment. In accordance with City Code Section (4), consents from owners adjoining the other segments are not required since those segments of street and alley rightof-way are not open or in regular use. However, the WRA or the City owns all but the following properties adjoining these segments: th Street: undeveloped property owned by George Hassett.

4 Page East Railroad Avenue: single-family dwelling owned by Eugene Peek. Parcel number 050/ : undeveloped property owned by Eugene Peek East Railroad Avenue: church owned by Bread of Life Church of God in Christ. Multiple undeveloped properties along CB & Q Street owned by Norfolk Southern Rail Yard 2. Size of Site: 120,226 square feet (2.76 acres). A) East Railroad Avenue from SE 25 th Court to SE 26 th Court: 12 feet by 600 feet (30,000 square feet). B) East/west alley between Vale Street and East Railroad Avenue from SE 25 th Court to its east terminus: 12 feet by 444 feet (5,328 square feet). C) East/west alley between East Railroad Avenue and Harriett Street from SE 25 th Court to its east terminus: 12 feet by 444 feet (5,328 square feet). D) Harriett Street from SE 25 th Court to its east terminus: 50 feet by 275 feet (13,750 square feet). E) North/south alley between SE 25 th Court and SE 26 th Court from Vale Street to C B & Q Street: 12 feet by 760 feet (9,120 square feet). F) SE 26 th Court from East Railroad Avenue to its south terminus: 50 feet by 360 feet (18,000 square feet). G) North/south alley between SE 26 th Court and SE 27 th Street from East Railroad Avenue to C B & Q Street: 12 feet by 450 feet (5,400 square feet). H) SE 27 th Street from East Railroad Avenue to C B & Q Street: 50 feet by 450 feet (22,500 square feet). I) North/south alley between SE 27 th Street and SE 27 th Court from East Railroad Avenue to C B & Q Street: 12 feet by 450 feet (5,400 square feet). J) North/south alley between SE 27 th Court and SE 28th Street from East Railroad Avenue to C B & Q Street: 12 feet by 450 feet (5,400 square feet). 3. Existing Zoning (site): The area north of East Railroad Avenue is zoned R1-60 One-Family Low-Density Residential District and the area south of East Railroad Avenue is zoned R-2 One- and Two-Family Residential District. 4. Existing Land Use (site): Other than East Railroad Avenue between SE 25 th Street and SE 26 th Court, the segment of requested street and alley right-of-way are undeveloped. 5. General Neighborhood/Area Land Uses: The area is largely undeveloped open space owned by the WRA and the City as a buffer from the WRA s biosolids storage facility. 6. Applicable Recognized Neighborhood(s): N/A. 7. Relevant Zoning History: N/A Community Character Land Use Plan Designation: General Industrial.

5 Page 5 9. Applicable Regulations: 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: Any utilities currently in place within the segments proposed for vacation are no longer necessary. All adjoining dwellings to remain are served by utilities along the East Railroad Avenue right-of-way. 2. Traffic/Street System: The requested vacation and conveyance of right-of-way would not present any changes or new impact to the surrounding street system since all but one segment of the right-of-way is not developed. 3. Additional Information: With the exception of the undeveloped parcel owned by Eugene Peek and known as Parcel Number 050/ on the west side of SE 27 th Street, all properties adjoining the requested right-of-way not owned by the City or WRA would retain frontage on an open public street. The undeveloped parcel is currently owned by Eugene Peek and used for a garden. Mr. Peek currently owns and resides at the property directly across the undeveloped SE 27 th Street right-ofway (2705 East Railroad Avenue). Therefore, staff recommends that the segment of SE 27 th Street right-of-way between Mr. Peek s properties should be offered to Mr. Peek for purchase and conveyance. III. STAFF RECOMMENDATION TO THE PLAN AND ZONING COMMISSION AND BASIS FOR APPROVAL Staff recommends approval of the requested vacation subject to the following conditions: 1. Reservation of easements for all utilities in place until such time that they are abandoned or relocated. 2. The segment of undeveloped SE 27 th Street right-of-way between the two properties owned by Eugene Peek (2705 East Railroad Avenue and Parcel Number 050/ ) should first be offered to Mr. Peek for purchase and conveyance. SUMMARY OF DISCUSSION There was no discussion. CHAIRPERSON OPENED THE PUBLIC HEARING There was no one to speak in favor or in opposition of the applicant s request. CHAIRPERSON CLOSED THE PUBLIC HEARING

6 Page 6 COMMISSION ACTION: Kent Sovern moved staff recommendation to approve the requested vacation subject to the following conditions: 1. Reservation of easements for all utilities in place until such time that they are abandoned or relocated. 2. The segment of undeveloped SE 27 th Street right-of-way between the two properties owned by Eugene Peek (2705 East Railroad Avenue and Parcel Number 050/ ) should first be offered to Mr. Peek for purchase and conveyance. THE VOTE: 14-0 PUBLIC HEARING ITEMS ***************************** ***************************** Item 3 Item #3 was continued from the July 21, 2011 Plan & Zoning Commission meeting. Request from Exodus Groups Investments, LLC (owner) represented by Jeret Koenig (officer) to rezone property located at 1825 East Army Post Road: A) Determination as to whether the proposed rezoning is in conformance with the Des Moines 2020 Community Character Plan. B) Amendment to the Des Moines 2020 Community Character Plan to revise the existing future land use designation from Commercial: Auto-Oriented Community Commercial to General Industrial. ( ) C) Rezone the property from C-2 General Retail and Highway Oriented Commercial District to M-1 Light Industrial District, to allow for an expansion of the business to convert retail/wholesale to predominantly wholesale use. (ZON ) STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION 1. Purpose of Request: The applicant currently operates a retail business known as Farm and City Supply and associated wholesaling businesses at the subject property. The applicant wishes to expand the wholesale component of their business to the point that it would become the primary use of the property. Wholesaling is not a permitted principal use in the C-2 District. The applicant s future plans may also include the purchase of additional land. Any additional land

7 Page 7 added to the site would require rezoning before it could be developed for the proposed use. 2. Size of Site: 415,736 square feet or 9.54 acres. 3. Existing Zoning (site): C-2 General Retail and Highway-Oriented Commercial District. The C-2 District allows businesses that display, rent, or sale of automobiles, trailers, motorcycles, boats and farm implements with outside storage and display limited to areas established on an approved Site Plan per Section (c)(3) of the Zoning Ordinance. 4. Existing Land Use (site): Retail and wholesaling. The site contains a 28,000- square foot commercial building, a 33,000-square foot warehouse building and a 13,040-square foot storage canopy structure. The property was originally developed for a lumberyard business. 5. Adjacent Land Use and Zoning: North C-2, Uses are a mini-warehouse facility, a tavern, a bail bonds business & a single-family dwelling. South - C-2, Use is a mobile home park. East C-2, Use is a single-family dwelling with an associated landscape nursery business. West C-2, Use is undeveloped land. 6. General Neighborhood/Area Land Uses: The subject property is located along the East Army Post Road highway commercial corridor east of the SE 14 th Street intersection. 7. Applicable Recognized Neighborhood(s): Easter Lake Area Neighborhood. 8. Relevant Zoning History: None Community Character Land Use Plan Designation: Commercial: Auto- Oriented Community Commercial. 10. Applicable Regulations: The Commission reviews all proposals to amend zoning boundaries or regulations within the City of Des Moines. Such amendments must be in conformance with the comprehensive plan for the City and designed to meet the criteria in of the Iowa Code. 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.

8 Page 8 II. ADDITIONAL APPLICABLE INFORMATION 1. 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. 2. Utilities: There are no public sanitary or storm sewers in the area to serve the property. There is an existing 16-inch water main in the East Army Post Road rightof-way. 3. Landscaping & Buffering: The applicant has submitted a site sketch that identifies display areas, parking lot dimensions and existing plant material. The City s Landscaping Standards for the C-2 District require the following. Open Space equal to 20% of the site with 1 overstory tree, 1 evergreen tree and 1 shrub per 2,500 square feet of required open space. Bufferyard with a minimum width of 20 feet with a 6-foot tall opaque fence/screen, and 4 overstory trees and 8 evergreen trees per 100 lineal feet. Parking & Maneuvering Perimeter Planting Area with a minimum width of 10 feet with 1 overstory tree and 3 shrub per 50 lineal feet. The Landscaping Standards allows for up to 30% of the plant material to be substituted at a ratio of 1 overstory tree to 2 evergreen trees to 3 ornamental trees to 7 shrubs. The site sketch indicates that the side and rear yards contain a significant number of overstory trees and some ornamental trees. The trees appear to be tightly grouped and their species is not noted, suggesting they may be volunteer fence row growth. There are no evergreen trees identified. The sketch identifies 17 ornamental trees and 25 shrubs in the front yard. The applicant will be required to submit a site plan to the City s Permit and Development Center for review following the rezoning process. Plant material will be fully evaluated though that process. Existing plant material is counted toward meeting the Landscaping Standards if it meets the intent of the standards. Staff anticipates the applicant will be required to plant a limited number of overstory trees in the front yard and evergreen trees along the south perimeter of the property to buffer the dwellings to the south. Staff believes that if the property is rezoned to M-1 District that it should be subject to compliance with the landscaping requirements for the C-2 District to ensure compatibility with the surrounding C-2 zoning. Future development of the site would also be subject to the City s Tree Removal and Mitigation Ordinance (Section of the City Code). 4. Access or Parking: The site has two access drives to East Army Post Road. If the business is expanded, the applicant would be required to provide adequate off-street parking in compliance with the Zoning Ordinance requirements. The applicant has submitted a dimensioned site sketch that indentifies proposed outdoor display areas and parking spaces. The sketch identifies 27 spaces in the main portion of the

9 Page 9 parking lot and an additional 20 spaces in the gated area to the west of the building for a total of 47 spaces. This exceeds the required 33 spaces for the existing and proposed uses Community Character Plan: The proposed rezoning to the M-1 District with no limitations is not compatible with the Commercial: Auto-Oriented Community Commercial future land use designation. Staff believes that industrial development should be focused in the areas the City has already designated for those types of uses. The adjoining portion of East Army Post Road is designated for commercial development to support the existing and planned residential uses in the area. The subject property could be rezoned to Limited M-1 without amending the Future Land Use Map if the permitted uses are limited to those allowed in the C-2 District and warehousing enclosed in a building or completely screened from view, and if the site is operated in compliance with the conditions identified in the staff recommendation. II. STAFF RECOMMENDATION TO THE PLAN AND ZONING COMMISSION AND BASIS FOR APPROVAL Part A) Staff recommends that the Commission find the requested unlimited M-1 zoning not in conformance with the Des Moines 2020 Community Character Plan. Part B) Staff recommends denial of the requested future land use amendment to General Industrial. The amendment is not necessary if the permitted uses are limited to those uses allowed in the C-2 District and warehousing within a building or fully screened area, and if the site is operated in compliance with the conditions listed in Part D of the staff recommendation. Part C) Staff recommends that the Commission find a request for Limited M-1 zoning district subject to the conditions listed in Part D of the staff recommendation in conformance with the Des Moines 2020 Community Character Plan. Part D) Staff recommends approval of the rezoning of subject property to a Limited M- 1 District subject to the following conditions: 1. Permitted uses shall be limited to the following: a) Uses allowed in the C-2 District excluding adult entertainment businesses, offpremises advertising signs, and financial service centers that provide check cashing and loans secured by post dated checks or payroll guarantee as their primary activity; and b) Warehousing that is completely enclosed in a building or screened from view. 2. Outside display of general merchandise is permitted subject to the following requirements: a) All display areas shall be identified on an approved Site Plan and generally limited to those areas identified on the submitted site sketch.

10 Page 10 b) Any display area that adjoins a building shall include a minimum 5-foot wide open pedestrian access way from the parking lot to the main door of the building. c) Merchandise displayed directly adjoining a building shall be stacked no greater than 8 feet in height. d) Merchandise displayed in areas that do not adjoin a building shall be limited in size and scope by the material types identified on an approved Site Plan. 3. All outside storage areas and all display areas for automobiles, trailers, motorcycles, boats and/or farm implements shall comply with the following requirements: a) Any such area shall be located outside of the front yard area. b) Any such area shall be screened from view to the satisfaction of the Community Development Director. Slats in chain link fencing shall not be considered an appropriate screening material. c) No items shall be stacked higher than the perimeter screening. d) Any such area shall be designed to allow no part of any stored or displayed product to encroach into the required setbacks, and shall be maintained with both a dustless surface and a drainage system approved by the city engineer. e) All display areas, driveways and areas used for temporary storage shall be surfaced with an asphaltic or Portland cement binder pavement or such other surfaces as shall be approved by the city engineer so as to provide a durable and dustless surface, and shall be so graded and drained as to dispose of all surface water accumulation within the area. 4. Any development of the property shall comply with the City s Landscaping Standards applicable to the C-2 District. 5. Submittal and approval of a Site Plan in accordance with City s Site Plan Regulations by December 31, Completion of all site improvements in compliance with the approved Site Plan by June 1, SUMMARY OF DISCUSSION Jason Van Essen presented the staff report and recommendation. Jeret Koenig Indianola stated that he agrees with staff recommendation. CHAIRPERSON OPENED THE PUBLIC HEARING There was no one to speak in favor or in opposition of the applicant s request CHAIRPERSON CLOSED THE PUBLIC HEARING COMMISSION ACTION:

11 Page 11 Greg Jones moved staff recommendation Part A) to find the requested unlimited M-1 zoning not in conformance with the Des Moines 2020 Community Character Plan. THE VOTE: 14-0 Greg Jones moved staff recommendation Part B) to deny the requested future land use amendment to General Industrial. The amendment is not necessary if the permitted uses are limited to those uses allowed in the C-2 District and warehousing within a building or fully screened area, and if the site is operated in compliance with the conditions listed in Part D of the staff recommendation; and Part C) to find a request for Limited M-1 zoning district subject to the conditions listed in Part D of the staff recommendation in conformance with the Des Moines 2020 Community Character Plan. THE VOTE: 14-0 Greg Jones moved staff recommendation Part D) to approve the rezoning of the subject property to a Limited M-1 District subject to the following conditions: 1. Permitted uses shall be limited to the following: a) Uses allowed in the C-2 District excluding adult entertainment businesses, offpremises advertising signs, and financial service centers that provide check cashing and loans secured by post dated checks or payroll guarantee as their primary activity; and b) Warehousing that is completely enclosed in a building or screened from view. 2. Outside display of general merchandise is permitted subject to the following requirements: a) All display areas shall be identified on an approved Site Plan and generally limited to those areas identified on the submitted site sketch. b) Any display area that adjoins a building shall include a minimum 5-foot wide open pedestrian access way from the parking lot to the main door of the building. c) Merchandise displayed directly adjoining a building shall be stacked no greater than 8 feet in height. d) Merchandise displayed in areas that do not adjoin a building shall be limited in size and scope by the material types identified on an approved Site Plan. 3. All outside storage areas and all display areas for automobiles, trailers, motorcycles, boats and/or farm implements shall comply with the following requirements: a) Any such area shall be located outside of the front yard area. b) Any such area shall be screened from view to the satisfaction of the Community Development Director. Slats in chain link fencing shall not be considered an appropriate screening material.

12 Page 12 c) No items shall be stacked higher than the perimeter screening. d) Any such area shall be designed to allow no part of any stored or displayed product to encroach into the required setbacks, and shall be maintained with both a dustless surface and a drainage system approved by the city engineer. e) All display areas, driveways and areas used for temporary storage shall be surfaced with an asphaltic or Portland cement binder pavement or such other surfaces as shall be approved by the city engineer so as to provide a durable and dustless surface, and shall be so graded and drained as to dispose of all surface water accumulation within the area. 4. Any development of the property shall comply with the City s Landscaping Standards applicable to the C-2 District. 5. Submittal and approval of a Site Plan in accordance with City s Site Plan Regulations by December 31, Completion of all site improvements in compliance with the approved Site Plan by June 1, THE VOTE: 14-0 Dann Flaherty left the meeting Item #4 ***************************** ***************************** Item #4 was continued from the July 7, 2011, July 21, 2011 and August 18, 2011 Plan & Zoning Commission meetings to allow the applicant to meet with the Drake Neighborhood Association. Request from McDonald s Corporation (developer) represented by Richard Pauner (officer) to rezone property located at 3002 Forest Avenue. The subject property is owned by Archland Property I, LLC: A) Determination as to whether the proposed rezoning is in conformance with the Des Moines 2020 Community Character Plan. B) Rezone the property from Limited C-1 Neighborhood Retail Commercial District to a revised Limited C-1 Neighborhood Retail Commercial District, to allow revision of conditions defining the site circulation and parking configuration and exterior design of the building. (ZON ) STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION

13 Page Purpose of Request: The appellant is proposing to construct an 8-foot by foot (258 square feet) addition, expand the drive-through cuing to accommodate two ordering lanes resulting in elimination of six (6) off-street parking spaces, and modify the exterior design of the existing building. The existing zoning conditions placed upon the subject property must be modified to make these revisions. 2. Size of Site: 55,700 square feet (1.279 acres). 3. Existing Zoning (site): C-1 Neighborhood Retail Commercial District and Limited C-1 District. 4. Existing Land Use (site): McDonald s drive-through restaurant with accessory paved parking area. 5. Adjacent Land Use and Zoning: North C-1, Uses are Drake University Book Store and Subway restaurant. South PUD, Use is Drake Apartments PUD containing two five-story mixed use residential apartment and retail commercial buildings. East R-3, Use is Drake University Crawford Hall dormitory. West C-1 & R-3, Uses are Jethro s restaurant, Paul Revere s Pizza restaurant, Peggy s tavern, and vacant retail space formerly Dick Pharmacy. 6. General Neighborhood/Area Land Uses: The subject property is located on the southwest corner of the Forest Avenue and 30 th Street in the Drake Neighborhood. The Drake University Campus is located directly to the east of the subject property. The remaining area generally consists of single-family and multi-family uses with commercial uses clustered around the intersection. 7. Applicable Recognized Neighborhood(s): Drake Neighborhood. 8. Relevant Zoning History: On October 18, 1999, the City Council approved Ordinance No. 13,764 rezoning the southern portion of the property from the R-3 District to a Limited C-1 subject to the following conditions: 1. Any building hereafter constructed or placed upon the Property shall have a brick exterior. 2. Any commercial use of the Property shall be pursuant to the approved Site Plan. The approved Site Plan shall be substantially the same as the preliminary landscape plan submitted by McDonalds Corp., dated August 31, 1999, which is on file with the Community Development Department of the City of Des Moines. 3. Any building hereafter constructed or placed upon the Property for commercial use shall substantially comply with the elevation drawing

14 Page 14 from Fullerton Building Systems, Inc., dated July 1, 1999, which is on file with the Community Development Department of the City of Des Moines. Because the property is split zoned with standard C-1 District and Limited C-1 District, the more restrictive zoning applies to the development of the entire site in accordance with the provisions of the Zoning Ordinance Community Character Land Use Plan Designation: Commercial: Pedestrian-Oriented, Commercial Corridor and Low/Medium Density Residential. 10. Applicable Regulations: The Commission reviews all proposals to amend zoning boundaries or regulations within the City of Des Moines. Such amendments must be in conformance with the comprehensive plan for the City and designed to meet the criteria in of the Iowa Code. The Commission may make recommendations to the City Council on conditions to be made in addition to the existing regulations so long as the subject property owner agrees to them in writing. The recommendation of the Commission will be forwarded to the City Council. II. ADDITIONAL APPLICABLE INFORMATION 1. Drainage/Grading: Any future grading with the proposed project would be subject to an approved grading permit and soil erosion control plan. In addition, 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 as part of a Site Plan amendment review. 2. Landscaping & Buffering: The proposed development concept with the rezoning does not appear to automatically trigger full compliance with the Des Moines Landscaping Standards as applicable to the C-1 District. The Site Plan on record was approved prior to the City adopting the standards. Should the development be required to comply with these standards as part of the rezoning the following are applicable: Open Space requirements: provide open space equal to 20% of the site with one (1) overstory tree, one (1) evergreen tree and one (1) shrub per 2,500 square feet of the minimum required open space. Bufferyard: provide a minimum setback width of 10 feet from adjoining residential PUD with a minimum six-foot tall opaque fence/screen, and two (2) over story trees and six (6) evergreen trees per 100 lineal feet. Perimeter Lot Landscape Strip: minimum width of 10 feet setback from street rights-of-way with one (1) over story tree and three (3) shrubs per 50 lineal feet. Parking Lot Interior Landscape: provision of a minimum 5% interior open space in minimum size planters of 9-feet by 17-feet each with one (1) over story tree, three (3) shrubs intervening any expanse of 20 spaces. 3. Access or Parking: The site currently has 61 parking spaces. The appellant is proposing to expand their existing drive-through to accommodate two ordering lanes

15 Page 15 and install an 8-foot by foot (258 square feet) addition on to the west façade of the existing building. This would result in elimination of six (6) parking spaces leaving a total of 55 parking spaces. This would still exceed the minimum requirement of 31 parking spaces for the proposed 4,637 square-foot building (calculated at one space per 150 square feet). The proposed Site Plan demonstrates that the restaurant would be accessed by three (3) two-way drive entrance located off Forest Avenue, 30 th Street, and 31 st Street Community Character Plan: The proposed usage of the subject property for a McDonalds s (restaurant) is consistent with the Commercial: Pedestrian-Oriented, Commercial Corridor and Low/Medium Density Residential future land use designation in the Des Moines 2020 Community Character Plan. 5. Drake Neighborhood Action Plan: The Drake Neighborhood Action Plan adopted by the City Council on February 28, 2011, designates the property as Commercial: Pedestrian-Oriented, Commercial Corridor and Low/Medium Density Residential. Furthermore, the Plan s objective regarding properties along Forest Avenue West includes the goal to develop the area along Forest Avenue between 30 th Street and 33 rd Street as a pedestrian-friendly campustown district. 6. Urban Design: The applicant is proposing alterations to the exterior of the existing building. The proposed changes include new signage, installation of Exterior Insulation Finishing System (EIFS) and stainless steel trellis to the north, west, and east facades, and a canopy to the north façade. Some of the proposed changes are not within the essential character of the neighborhood and the action plan initiative. The reduction of brick and removal of the blue canopies takes away from the campustown district aesthetic. The dominant use of brick on all four sides of the subject building reflects the City Council condition that any building shall have a brick exterior. Staff recommends that any use of materials other than brick be limited to very minor accents. Furthermore, staff would recommend that McDonald s restaurant work with the neighborhood and City to maintain a unique design for the campustown district. 7. Staff Rationale: The conditions placed upon the subject property were required to mitigate a commercial use within a residential area and were a precursor for the campustown district concept. The proposed alterations to the exterior of the existing building do not fit the essential character of the neighborhood. While most of the site alterations are appropriate (additional drive-thru lane, building expansion, and resulting reduction of six (6) parking spaces), staff believes that an all brick or stone exterior and blue awnings should be retained and incorporated in any expansion. II. STAFF RECOMMENDATION TO THE PLAN AND ZONING COMMISSION AND BASIS FOR APPROVAL Part A) Staff recommends that the Commission find the proposed rezoning in conformance with the Des Moines 2020 Community Character Plan future land use

16 Page 16 designation of Commercial: Pedestrian-Oriented, Commercial Corridor and Low/Medium Density Residential except for building materials and colors. Part B) Staff recommends approval of the requested, rezoning for an 8-foot by foot (258 square feet) addition, a two lane drive-thru, and modifications to the exterior design of the existing building from Limited C-1 Neighborhood Retail Commercial District to a revised Limited C-1 Neighborhood Retail Commercial District subject to the following: 1. Any Site Plan amendment shall be in substantial conformance with the schematic drawings submitted June, Retention of existing concept for the building architecture including but not limited to the brick exterior material and blue awnings. 3. Any expansion or modification of the building shall incorporate an all brick or stone material exterior. SUMMARY OF DISCUSSION Jason Van Essen presented the staff report and recommendation. David Bentz Bishop Engineering th Street Urbandale stated that they changed the face of the building to accommodate the requirement to be brick or stone. However, he does not remember the blue awnings being specifically mentioned in the ordinance. It just referenced the elevations. He has spoke to Drake University and the neighborhood association and neither one have been adamant that the applicant has to keep the blue awnings. Reference was made to the yellow arch that is a branding issue and not a giving point to McDonald s. The applicant believes that they have complied. Will Page asked why the applicant does not like bulldog blue. David Bentz stated that McDonald s colors are not blue and he showed McDonald s color pallet. Mike Simonson stated that he likes the building and the City dictates certain materials they can design themselves into a corner. He likes the fact that they are using an alternate material to break up the building and it is in keeping with Hubbell s project next door. This operator does a nice job with this property and it is always clean. One thing that has surprised him as he has driven by is there is not one single tree on this property and he wonders how when it was approved some years back was it approved without any street trees. He ask if the developer would be willing to add 4 or 5 street trees around the perimeter just to soften all of the pavement. David Bentz stated yes the applicant would and he is sure the City would require that in the site plan review process as well. CHAIRPERSON OPENED THE PUBLIC HEARING

17 Page 17 There was no one to speak in favor of the applicant s request. The following spoke in opposition of the applicant s request: Deric Gourd 2422 Drake Park Avenue, President of the Drake Neighborhood Association stated that he the neighborhood association is in favor of keeping the red brick exterior, keeping the original design of the building that they fought for back in There are still a few members who are committed to keeping the blue awnings. As much as the building can be kept as a traditional look they would like that. The McDonald arch just stands out to be out of character with the other surrounding traditional buildings in the neighborhood is why they objected to it. Because the expansion is not really happening on the front the neighborhood association believes it is no reason to change from what is a very good face that fits well within the character of the neighborhood and well within the street and Drake campus. They support the additional lanes, the expansion of the building on the side towards the back, everything except the changing of the front. Eldon McAfee 3000 School Street, member of the Drake Neighborhood Association Board of Directors stated that they are supportive of the business, they are in support of the additional drive thru and the expansion but they are not in support of the design change. Rebuttal David Bentz stated that the addition is mainly in the freezer section and he understands that corporate McDonalds will contribute to the construction if they do a major remodel project that brings the McDonald up to their current standard. Kent Sovern asked if the restaurant is not brought up to the corporate McDonald s current standard would the cost be on the franchisee. David Bentz stated that is his understanding. There is some contribution but there is more money for a major remodel project. As far as fitting in with the neighborhood Paul Revere, Jethros, and Subway does not have blue awnings, and he does not understand how that fits into the neighborhood. CHAIRPERSON CLOSED THE PUBLIC HEARING Mike Simonson asked staff at what point do they discuss architecture, landscaping, lighting and things like that. Is this the only forum to discuss those things? Mike Ludwig stated yes it is since it was a specific condition of the approval of the previous store in It had to match the elevations so there could not be administrative amendments to the architecture in the future. That is why it is back in front of Plan and Zoning. Mike Simonson asked how are they assured that they will receive street trees and any other thing that staff might feel is needed.

18 Page 18 Mike Ludwig stated that the Commission should just make notes of that in their recommendation that is made tonight. The applicant would have to bring the site into conformance with the landscape standards at the site plan stage, which is an administrative review by staff. Will Page asked if staff could point out where the blue awnings would be. Greg Jones explained that the building has them now but they won t in the new design. Mike Ludwig pointed out that the existing building has stucco up at the top where their sign band is which relates to the other buildings in the neighborhood. In about two weeks the Commission will be receiving a presentation from staff on the proposed overlay district for the downtown which provides some minimum design guidelines for areas that are not currently subject to any design guidelines. One of the criteria in that staff is proposing is a place specific contextual design. In some instances prototypical corporate architecture may not be acceptable. In 1999 that was the discussion and decision on this particular site. This is a unique location and when staff talked to the neighborhood they also wanted to retain the red brick and the blue awnings. Will Page stated that he would like the strip to be blue instead of the gold which would signal as a good neighbor to the community and accents the little arch that is used as a corporate branding. This would be a legitimate compromise. JoAnne Corigliano stated that she believes that the strip in front could remain yellow but maybe the strip on the side could be blue. Kent Sovern pointed out they the Commission tries not to redesign a project from the table. John Jack Hilmes asked if the brick shown on the drawing is all brown and if the stone that has replaced the brick on the Forest elevation is acceptable as a brick. Jason Van Essen stated yes, the staff recommendation included stone which is acceptable. Mike Ludwig stated that staff was only suggesting that no alterations be done to the front of the building as they only proposed addition is for the freezer and that it should be red brick also. John Jack Hilmes stated that he believes that the blue awnings are dictating the staff recommendation. Mike Ludwig stated that there are two conditions on the existing building. 1) is the use of predominant brick exterior; and 2) it is supposed to be substantially the same as the plan that was approved in We are not recommending any change to those primary features of it. John Jack Hilmes asked how many businesses have been required to put blue awnings on their building with any modifications they have made over the years.

19 Page 19 Mike Ludwig stated that it was rezoned from an R-3 residential to a commercial use at the time so as a part of the negotiation to sell the neighborhood on having additional commercial they agreed to a design that was unique on the property in That was part of the negotiation with the neighborhood. CJ Stephens asked is there a plan to bring the entire neighborhood into compliance with Drake and does the City issue permits for the movie red box in the neighborhoods. Mike Ludwig stated that most surrounding buildings with the exception of the new Drake apartments that are just to the south predate the McDonalds. There has been no change in tenancy or condition that would cause a rezoning or site plan review that would trigger it. As part of the neighborhood planning process, the neighborhood was very specific about the commercial development at this area. They did not want to go ahead and legislatively rezone the commercial areas along this specific area because they wanted to have a zoning hearing and possibly put conditions similar to what was put on this site in Staff has taken lead from the discussions in 1999 and the current neighborhood position in forming our recommendation. Christine Pardee asked if a deviation from the corporate color scheme would create a financial burden for the business owner. Kent Sovern asked the Commission for a unanimous consent to the have the applicant answer the question. The Commission consented. David Bentz stated that it is his understanding that the owner gets monies if they do a major remodel project versus a side by side. He also pointed out that several conversations with Dolph Pulliam he was not concerned about the blue awnings, he just wanted to be able to hang pictures inside the building. He showed a copy of an that he received that morning from the neighborhood association where they were in support of the change and the rezoning to allow the redesign of the fascia to update the awnings. He believes that they took a side step according to their comments tonight. COMMISSION ACTION: Mike Simonson moved Part A) to find the proposed rezoning in conformance with the Des Moines 2020 Community Character Plan future land use designation of Commercial: Pedestrian-Oriented, Commercial Corridor and Low/Medium Density Residential except for building materials and colors. Part B) Staff recommends approval of the requested, rezoning for an 8-foot by foot (258 square feet) addition, a two lane drive-thru, and modifications to the exterior design of the existing building from Limited C-1 Neighborhood Retail Commercial District to a revised Limited C-1 Neighborhood Retail Commercial District subject to the following: 1. Any Site Plan amendment shall be in substantial conformance with the schematic drawings submitted June, 2011.

20 Page Retention of existing concept for the building architecture including but not limited to the brick exterior material and blue awnings. 3. Any expansion or modification of the building shall incorporate an all brick or stone material exterior. 4. The site shall be brought into conformity to the current site design standards which shall include not less than 5 overstory street trees and that the site lighting shall also be brought into current conformity. 5. A consideration to have a Drake tie in element other than awnings that could go on the site rather than the building (i.e. sculpture). Will Page asked if Mr. Simonson would consider a friendly amendment to include the strip on the non drive thru elevation be a blue color. Mike Simonson stated no. As an architect he has done several buildings in the Drake Neighborhood and they do not include blue. He thinks the corporate architecture fits. Ted Irvine asked if he would consider a friendly amendment that the applicant consider a Drake tie in element other than awnings that could go on the site rather than the building (i.e. sculpture). Mike Simonson stated that would be acceptable. Tim Fitzgerald asked to hear from the neighborhood association of whether the friendly amendment to consider some type of sculpture rather than the blue awnings. Deric Gourd stated that yes they would like some kind of tie in to Drake. THE VOTE: 12-1 (Will Page voted in opposition) Item 5 ***************************** ***************************** Request from Hue Nguyen (owner) to rezone property located at 1435 University Avenue: A) Determination as to whether the proposed rezoning is in conformance with the Des Moines 2020 Community Character Plan. B) Rezone the property from R-3 Multiple-Family Residential District to Limited C- 1 Neighborhood Retail Commercial District, to allow for retail development. (ZON ) STAFF REPORT TO THE PLANNING COMMISSION

21 Page 21 I. GENERAL INFORMATION 1. Purpose of Request: The applicant wishes to construct a commercial building to for a nail salon and gift shop business. The applicant is proposing a Limited C- 1 District that would prohibit gas stations, communication towers and small engine repair uses. 2. Size of Site: 70 feet by 78.4 feet (5,490 square feet). 3. Existing Zoning (site): R-3 Multiple-Family Residential District. 4. Existing Land Use (site): Vacant. 5. Adjacent Land Use and Zoning: North R-3 ; Use is undeveloped land. South R-3 ; Uses area single-family dwellings including an accessory in-home beauty salon. East R-3 ; Use is a single-family dwelling. West R-3 ; Use is a multi-family building with 4 dwelling units. 6. General Neighborhood/Area Land Uses: The subject property is located in the King Irving Neighborhood, which consists primarily of single-family dwellings. It is located in an area that contains a mix of single-family dwellings, multiple-family dwellings and churches along the University Avenue corridor. 7. Applicable Recognized Neighborhood(s): King Irving Neighborhood Association. 8. Relevant Zoning History: N/A Community Character Land Use Plan Designation: Commercial: Pedestrian-Oriented Commercial Corridor. 10. Applicable Regulations: The Commission reviews all proposals to amend zoning regulations or zoning district boundaries within the City of Des Moines. Such amendments must be in conformance with the comprehensive plan for the City and designed to meet the criteria in of the Iowa Code. The Commission may recommend that certain conditions be applied to the subject property if the property owner agrees in writing, prior to the City Council Hearing. The recommendation of the Commission will be forwarded to the City Council. II. ADDITIONAL APPLICABLE INFORMATION 1. Drainage/Grading: Any development of the site must comply with the City s Stormwater Management requirements to the satisfaction of the City s Permit

22 Page 22 and Development Center. All grading is subject to an approved grading permit and soil erosion control plan. 2. Utilities: There are sanitary sewer, storm sewer and water lines in the adjoining rights-of-way. 3. Landscaping & Buffering: Any development of the site will require landscaping in accordance with the Des Moines Landscape Standards. These standards generally include open space, bufferyard and parking lot plantings. Development of the site would also be subject to the City s Tree Removal and Mitigation Ordinance (Section of the City Code). 4. Access or Parking: The applicant has submitted a site sketch that shows a 1,088-square foot building set back 25 feet from the south front property line and 25 feet from the west front property line. The sketch shows parking to the south and west of the building with approximately 19 feet of green space to the north and approximately 13 feet of green space to the east. The Zoning Ordinance requires parking lots to be set back a minimum of 5 feet from any front property line. The ordinance also sets minimum drive aisle and parking stall dimensions. The dimensions vary depending on the angle of the parking stalls. Head in, 90-degree parking stalls must be a minimum of 9 feet wide by 17 feet deep with a 24-foot wide drive aisle. The option with the narrowest dimensions is 0-degree or parallel stalls. These stalls must measure a minimum of 9 feet by 20 feet and be served by a minimum 12-foot wide one-way drive aisle. The applicant wishes to occupy the proposed building with a nail salon and gift shop business. The Zoning Ordinance requires 1 off-street parking space per 400 square feet of gross floor area for the first 4,000 square feet of area. The Ordinance requires 2 parking spaces per operator at a beauty shop or nail salon. The application does not indicate the number of operators or chairs that would be dedicated to the nail salon portion of the business. Three parking spaces would be required if the entire building was dedicated to retail sales. Staff believes that it would be difficult to construct more than two parking spaces that comply with the Zoning Ordinance requirements. Staff s analysis indicates that if a building with approximately half the floor area was proposed, it would still be difficult to construct more than two spaces without relief from the Zoning Board of Adjustment Community Character Plan: The subject property is within an area designated Commercial: Pedestrian-Oriented Commercial Corridor by the Des Moines 2020 Community Character Plan and the King Irving Neighborhood Plan. This designation is described as areas developed in a fashion that balances the needs of the pedestrian and the convenience of the motorist. The development is compact and walkable connections to adjacent areas exist via public streets and sidewalks. These developments are small-to-moderate scale commercial in