Des Moines, Iowa June 1, 2017 Page 1

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1 Page 1 PRESENT: Francis Boggus, Dory Briles, David Courard-Hauri, Jacqueline Easley, John Jack Hilmes, Greg Jones, Will Page, Mike Simonson, Rocky Sposato, Steve Wallace and Greg Wattier ABSENT: JoAnne Corigliano, Jann Freed, Carolyn Jenison, and Lisa Howard STAFF PRESENT: Mike Ludwig, Erik Lundy, Kyle Larson, Glenna Frank and Cathy Whitfield John Jack Hilmes moved to approve the minutes of the May 18, 2017 Plan & Zoning Commission meeting. Motion carried (Rocky Sposato and Greg Wattier were not present at the May 18, 2017 meeting). Erik Lundy stated the applicant for Item #7 has requested a continuance to the Plan & Zoning Commission meeting of June 15, Jacqueline Easley asked if anyone was present to speak on Item #7. None were present or requested to speak. John Jack Hilmes made a motion to continue Item #7 to the Plan & Zoning Commission meeting of June 15, Motion carried Erik Lundy stated the applicant for Item #8 has requested an indefinite continuance. This means the City will have to re-notify property owners of any future hearing at the applicant s expense. Jacqueline Easley asked if anyone was present to speak on Item #8. None were present or requested to speak. John Jack Hilmes made a motion to continue Item #8 indefinitely. Motion carried Erik Lundy stated the applicants for Item #9 has requested an indefinite continuance. This means the City will have to re-notify property owners of any future hearing at the applicant s expense. Jacqueline Easley asked if anyone was present to speak on Item #9. None were present or requested to speak. Will Page made a motion to continue Item #9 indefinitely. Motion passed Jacqueline Easley asked if anyone was present to speak on Items #1 thru #6. None were present or requested to speak.

2 Page 2 Greg Jones made a motion to approve the consent agenda Items #1, #2, #3, #4, #5 & #6. Motion passed Item 1 ******************************* ******************************* City initiated text amendments to the Zoning Ordinance in Chapter 134 of the Municipal Code regarding fireworks sales. ( ) STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION Proposed amendments to Chapter 134 of the Municipal Code are attached. These amendments would restrict the land use of retail sales for consumer fireworks to M-1, Light Industrial and M-2, Heavy Industrial zoning districts that are located outside of the Downtown Overlay District. The proposed amendments to Chapter 134 further provide that retail sales of consumer fireworks are allowed only as a principal permitted use, not an accessory use, and only in the specified zoning districts, and in full compliance with Chapter 46 of the Des Moines Municipal Code. The amendments to Chapter 134 address only sales of fireworks. Use of fireworks is to be addressed separately in Chapter 46 of the Des Moines Municipal Code relating to Fire Prevention and Protection. The recommendation of the Plan and Zoning Commission is limited to the amendments to Chapter 134 and cannot include use restrictions set forth in Chapter 46. II. STAFF RECOMMENDATION TO THE PLAN AND ZONING COMMISSION AND BASIS FOR APPROVAL Staff recommends approval of the proposed amendments to Chapter 134 regulate the land use of retail sales of fireworks. SUMMARY OF DISCUSSION Jacqueline Easley asked if anyone was present to speak on this item. None were present or requested to speak. COMMISION ACTION: Greg Jones made a motion to approve the proposed amendments to Chapter 134 regulate the land use of retail sales of fireworks. THE VOTE: 11-0 *******************************

3 Page 3 Item 2 ******************************* City Council request for review of the petition and recommendation of an evaluative report regarding the establishment of the Sherman Hill Self-Supported Municipal Improvement District (SSMID) for operation and maintenance of identified improvements. STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION Property owners in the Sherman Hill Neighborhood have submitted a petition to the City Council seeking to merge the two existing Self-Supported Municipal Improvement Districts (SSMIDs), as well as to expand the footprint of the district to include the majority of the Sherman Hill Neighborhood. In addition to the expanded boundaries, the Sherman Hill Neighborhood would like to expand the eligible uses of the funds. The original purpose of the Sherman Hill SSMID and Sherman Hill SSMID No. 2 were to purchase, install, and operate the historic streetlights in the Neighborhood. The current SSMID petition is intended to undertake the acquisition, construction, installation, and maintenance of the following improvements within the boundaries of the new district: A decorative pedestrian oriented street lighting system along the public streets. A neighborhood park and associated improvements, including but not limited to sidewalks, landscaping, benches, and playground equipment. Streetscape improvements, including but not limited to improved sidewalks, benches, pedestrian crosswalks, landscaping, signage, and street restoration. Capital, physical, and other improvements designed to enhance the image, appearance, and/or safety of the District. Activities and operations benefitting the District under any agreements with the City or other public, quasi-public, or private entities. II. ADDITIONAL APPLICABLE INFORMATION Pursuant to Section of the Iowa Code, the Plan and Zoning Commission is to prepare an evaluative report for the City Council based on the merit and feasibility of the SSMID. The Commission is to make recommendations to the City Council with respect to establishment of the SSMID. Further, the Commission is directed to determine the validity of the petition. Staff has prepared an evaluative report for the Commission s review and consideration (see attached).

4 Page 4 III. STAFF RECOMMENDATION TO THE PLAN AND ZONING COMMISSION AND BASIS FOR APPROVAL Staff recommends approval of the evaluative report and petition to merge the two Sherman Hill Self-Supported Municipal Improvement Districts (SSMIDs) into a single district; to expand the footprint of the district to include the majority of the Sherman Hill Neighborhood; and to expand the purposes of the Sherman Hill SSMID. SUMMARY OF DISCUSSION Jacqueline Easley asked if anyone was present to speak on this item. None were present or requested to speak. COMMISION ACTION: Greg Jones made a motion to approve the evaluative report and petition to merge the two Sherman Hill Self-Supported Municipal Improvement Districts (SSMIDs) into a single district; to expand the footprint of the district to include the majority of the Sherman Hill Neighborhood; and to expand the purposes of the Sherman Hill SSMID. THE VOTE: 11-0 ******************************* ******************************* Item 3 Request from 322 E Court. LLC (owner) 322 East Court Avenue represented by Angie Pfannkuch (officer) for vacation of the east/west alley adjoining the subject property to the north between East Walnut Street and East Court Avenue from the north/south alley to East 4th Street. ( ) STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION 1. Purpose of Request: The proposed vacation would allow the segment of right-ofway to be assembled with the adjoining parcels, which are both owned by 322 E Court, LLC. The parcel to the south contains a 1-story building being repurposed from an auto glass company shop and warehouse to commercial uses. The parcel to the north contains off-street parking spaces that utilize the existing right-of-way for access and maneuvering. Any future use of the right-of-way must be in accordance with all Site Plan policies, such as the design guidelines applicable in the C-3B and D-O Districts. 2. Size of Site: 16 feet by 131 feet by 132 feet (2,112 square feet) of alley right-of-way.

5 Page 5 3. Existing Zoning (site): C-3B Central Business District Commercial District, CDO Capitol Dominance Overlay District, PSO Pedestrian Signs Overlay District. GGP Gambling Games Prohibition Overlay District, D-O Downtown Overlay District, and FSO Freestanding Sign Overlay District. 4. Existing Land Use (site): The east/west right-of-way contains a paved alley that provides access and maneuvering for the existing parking spaces along the north side of the alley. 5. Adjacent Land Use and Zoning: South C-3B ; Use is a 1-story building that is being repurposed from an auto glass company shop and warehouse to office and retail uses. North C-3B ; Use is surface parking that requires the requested right-of-way for access and maneuvering. 6. General Neighborhood/Area Land Uses: The subject segment of right-of-way is located in the Historic East Village neighborhood, which contains of a mix of commercial and residential uses. 7. Applicable Recognized Neighborhood(s): The subject property is located in the Historic East Village Neighborhood. The neighborhood association was notified of the meeting by mailing of the Preliminary Agenda to all recognized neighborhood associations on May 12, 2017 and by mailing of the Final Agenda on May 26, Additionally, separate notifications of the hearing for this specific item were mailed on May 22, 2017 (10 days prior to the original public hearing) to the neighborhood association and the primary titleholder on file with the Polk County Assessor for each property adjoining or directly across the subject segment of alley right-of-way. All agendas and notices are mailed to the primary contact designated by the recognized neighborhood association to the City of Des Moines Neighborhood Development Division. The Historic East Village Neighborhood Association notices were mailed to Chris LoRang, PO Box 93904, Des Moines, IA Relevant Zoning History: None. 9. PlanDSM: Creating Our Tomorrow Plan Land Use Plan Designation: The subject segment of right-of-way is within an area designated as Downtown Mixed Use on the Plan DSM future land use map. The plan defines this category as mixed-use, high density residential uses, and compact combinations of pedestrianoriented retail, office, residential, and parking in downtown. 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

6 Page 6 is still needed for such purpose or may be released (vacated) for other use. The recommendation of the Commission is forwarded to the City Council. II. ADDITIONAL APPLICABLE INFORMATION 1. Utilities: Easements must be reserved for any existing utilities until such time that they are abandoned or relocated. There are no identified sewer, water, or electrical facilities within the right-of-way at this time. 2. Street System/Access: The requested alley right-of-way is not needed for a public purpose, as it is currently used primarily by the applicant for accessing the parking spaces along the north side of the alley. The existing north/south alley bisecting the block would remain. III. STAFF RECOMMENDATION TO THE PLAN AND ZONING COMMISSION AND BASIS FOR APPROVAL Staff recommends approval of the requested vacation of east/west alley right-of-way, subject to the following conditions: 1. Easements shall be provided for any existing utilities until such time that they are abandoned or are relocated. 2. Any future use of the right-of-way shall be in accordance with all Site Plan policies, such as the design guidelines applicable in the C-3B and D-O Districts or any applicable zoning that may be adopted. SUMMARY OF DISCUSSION Jacqueline Easley asked if anyone was present to speak on this item. None were present or requested to speak. COMMISION ACTION: Greg Jones made a motion for approval of the requested vacation of east/west alley right-of-way, subject to the following conditions: 1. Easements shall be provided for any existing utilities until such time that they are abandoned or are relocated. 2. Any future use of the right-of-way shall be in accordance with all Site Plan policies, such as the design guidelines applicable in the C-3B and D-O Districts or any applicable zoning that may be adopted. THE VOTE: 11-0 ******************************* *******************************

7 Page 7 Item 4 Request from Larry Butler (owner) 1821 Frazier Avenue for vacation of a dead-end segment of Southwest 19th Street adjoining the subject property from Frazier Avenue to a point feet to the north. ( ) STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION 1. Purpose of Request: The proposed vacation would allow the property owner unfettered private access to their garage which fronts Southwest 19 th Street. Currently, as public right-of-way, this segment is utilized for storage and parking by others and frequently blocks the applicant s access to his garage. 2. Size of Site: 5,906 square feet (0.14 acres). 3. Existing Zoning (site): R1-60 One-Family Low-Density Residential District. 4. Existing Land Use (site): Abandoned right-of-way for Southwest 19 th Street at the intersection with Frazier Avenue. 5. Adjacent Land Use and Zoning: North C-4. Use is mini-warehouse storage. South - R1-60 : Use is single family residential properties. East R1-60 : Use is single family residential properties. West - R1-60 : Use is single family residential properties. 6. General Neighborhood/Area Land Uses: The subject site is located approximately 330 feet west on Frazier Avenue from the intersection of Frazier Avenue and Southwest 18 th Street. The surrounding area is predominantly one-family residential uses and commercial uses. 7. Applicable Recognized Neighborhood(s): The subject property is located in the Watrous South Neighborhood area. The neighborhood association was notified of the meeting by mailing of the Preliminary Agenda to all recognized neighborhood associations on May 12, 2017 and by mailing of the Final Agenda on May 26, Additionally, separate notifications of the hearing for this specific item were mailed on May 22, 2017 (10 days prior to the public hearing) to the neighborhood associations and the primary titleholder on file with the Polk County Assessor for each property adjoining or directly across the subject segment of right-of-way. All agendas and notices are mailed to the primary contact designated by the recognized neighborhood associations to the City of Des Moines Neighborhood

8 Page 8 Development Division. The Watrous South Neighborhood Association notices were mailed to Mitch Harris, 1508 McKinley Avenue, Des Moines, IA Relevant Zoning History: None. 9. PlanDSM: Creating Our Tomorrow Plan Land Use Plan Designation: The subject right-of-way is designated Low Density Residential on the PlanDSM future land use map. The plan defines this category as primarily single family and two family residential units with up to 6 dwelling units per net acre. 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: A utility easement for water facilities is within the right-of-way. Easements must be reserved for any existing utilities until such time that they are abandoned or relocated. 2. Street System/Access: The subject right-of-way serves as an access way for the applicant; it does not serve as an access way for the adjacent neighbors. The requested vacation would not impact the existing street system or the vehicular or pedestrian flow in the area. III. STAFF RECOMMENDATION TO THE PLAN AND ZONING COMMISSION AND BASIS FOR APPROVAL Staff recommends approval of the requested vacation subject to reservation of any necessary easements for all existing utilities in place until such time that they are abandoned or are relocated. SUMMARY OF DISCUSSION Jacqueline Easley asked if anyone was present to speak on this item. None were present or requested to speak. COMMISION ACTION: Greg Jones made a motion for approval of the requested vacation subject to reservation of any necessary easements for all existing utilities in place until such time that they are abandoned or are relocated. THE VOTE: 11-0 *******************************

9 Page 9 Item 5 ******************************* Request from EPC, LLC (owner) represented by Brad Lowe (officer) for review and approval of a Site Plan 2117 Indianola Avenue under design guidelines for extension of parking on property located at 2117 Indianola Avenue, to allow paving of gravel offstreet parking area into the adjoining R1-60 District to serve existing multiple-family dwellings in the C-1 District. ( ) STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION 1. Purpose of Request: The Site Plan would allow construction of two (2) paved parking lots that would replace existing graveled parking areas. The Site Plan is subject to the design guidelines for extension of parking into a residential district since the eastern parking lot would extend up to 45 feet into the portion of the parcel that is zoned R1-60 One-Family Low-Density Residential District. The Site Plan does not propose to alter the 35 existing multiple-family residential dwelling units on the property and, therefore, is not subject to the design guidelines for multiple-family residential uses. 2. Size of Site: 36,530 square feet (0.84 acre). 3. Existing Zoning (site): The majority of the subject property is zoned C-1 Neighborhood Retail Commercial District (0.70 acres) with the balance zoned R1-60 One-Family Low-Density Residential District (0.14 acres). 4. Existing Land Use (site): The property is a 0.84-acre parcel that contains four (4) two-story, multiple-family residential structures containing a total of 35 dwelling units. The site also includes two (2) graveled parking lots and a detached garage. 5. Adjacent Land Use and Zoning: North C-1, & R1-60, Use is an undeveloped parcel. South C-1, Use is a single-family dwelling. East R1-60, Uses are single-family dwellings. West NPC, Use is a restaurant (Oroy-Dee Restaurant). 6. General Neighborhood/Area Land Uses: The subject property is located along the Indianola Avenue corridor to the south of downtown, which contains a mix of commercial and residential uses.

10 Page Applicable Recognized Neighborhood(s): The subject property is located in the Indianola Hills Neighborhood. This neighborhood was notified of the Commission meeting by mailing of the Preliminary Agenda on May 12, Additionally, separate notifications of the hearing for this item were mailed to the neighborhood associations and to the primary titleholder on file with the Polk County Assessor for each property within 250 feet of the site on May 22, A Final Agenda was mailed to the neighborhood association on May 26, 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 Indianola Hills Neighborhood notices were mailed to Jeni Dooley, 712 Virginia Avenue, Des Moines, IA Relevant Zoning History: On March 22, 2017, by Docket ZON , the Zoning Board of Adjustment granted a Variance of 31 parking spaces less than the minimum 53 parking spaces required for 35 dwelling units (1.5 spaces per unit) and a Variance of 25 feet less than the minimum required 30-foot setback required for the portion of the property that is within the R1-60 District, to allow construction of two (2) paved off-street parking lots that would replace existing graveled off-street parking areas, so long as construction of the off-street parking lots is in compliance with a Site Plan as approved by the Permit and Development Center. 9. PlanDSM Future Land Use Plan Designation: The Land Use Plan designates the entire subject property as Neighborhood Mixed Use, which is defined as Small scale mixed use development typically located at the intersections of collector and/or arterial streets and along transportation corridors. Non-residential development is designed to serve the immediate neighborhood and include small retail, offices, restaurants, and service oriented development. Low-medium density residential may be included in mixed use development. 10. Applicable Regulations: In acting upon any Site Plan application that includes an extension of parking under the authority of section (f)(8) into a residential district where it would otherwise be prohibited, the Plan and Zoning Commission shall apply the design standards in section , and taking into consideration the criteria set forth in Chapter 18B of the Iowa Code. Further, the proposed Site Plan shall be denied unless it is shown to that such extension of parking meets the following criteria: 1) The construction and use of this parking lot will have no significant detrimental impact on the use and enjoyment of adjoining properties. Staff believes that the proposed parking lots will not be detrimental to the surrounding neighborhood because it would be adequately separated from adjoining properties and screened with landscaping and an existing detached accessory building.

11 Page 11 2) No parking should be permitted in the required front yard of the R district unless compatible with the adjoining land use. On March 22, 2017, by Docket ZON , the Zoning Board of Adjustment granted a Variance of 25 feet less than the minimum required 30-foot setback required for the portion of the parking lot that is within the R1-60 District. 3) Adequate setbacks shall be provided to protect adjacent residentially zoned property. A minimum ten (10) foot setback from adjacent R district property lines should be observed. The proposed parking lot addition would be setback 55 feet from the adjoining residentially zoned property to the north and separated from it by the existing detached garage. 4) Appropriate screening shall be provided to shield adjacent residential uses from the impacts of the parking lot. The proposed parking lot be screened from the adjacent residential use by landscaping and the detached garage. The Site Plan also demonstrates a row of shrubs along the east edge of the eastern parking lot. 5) Adequate landscaping shall be provided and maintained to buffer and beautify the parking area. Both interior and peripheral landscaping should be considered. The Site Plan is required to comply with the City s Landscape Standards. It shows a mix of shrubs, overstory trees, and evergreen trees throughout the site. 6) Where feasible, the entrance to the parking area should be from an adjoining alley or the less restrictive district. The proposed parking lot would utilize an existing drive approach along Southeast 3 rd Street, which would function as the entrance for the parking lot with one-way circulation. While this entrance is within the portion of the property that is zoned R1-60 District, the proposed location is necessary. II. ADDITIONAL APPLICABLE INFORMATION 1. Parking: The parking lot on the eastern portion of the property would contain fifteen (15) parking spaces, including five (5) spaces that would be all or partially on the portion of the property that is zoned R1-60 District. The parking lot on the western portion of the property would contain nine (9) parking spaces. The lots would be surfaced with concrete and have a 6-inch curb along the perimeters. The Site Plan provides a minimum 5-foot wide sidewalk along Southeast 3 rd Street in addition to the existing sidewalk along Indianola Avenue.

12 Page Landscaping & Buffering: The Site Plan shows a mix of shrubs, overstory trees, and evergreen trees throughout the site. It is required to comply with the City s Landscape Standards, which require the provision of 20% open space with one overstory tree, one evergreen tree and one shrub for every 2,500 square feet of required open space. The standards also include the provision of bufferyard plantings of two overstory trees and six evergreen trees per 100 lineal feet of property line, parking lot interior plantings of one overstory tree and three shrubs for every 20 spaces, and parking lot perimeter plantings of one overstory tree and three shrubs per 50 feet of frontage. III. STAFF RECOMMENDATION TO THE PLAN AND ZONING COMMISSION AND BASIS FOR APPROVAL Staff recommends approval of the submitted site plan under Design Guidelines for the Extension of Parking subject to compliance with all administrative review comments of the City s Permit and Development Center. SUMMARY OF DISCUSSION Jacqueline Easley asked if anyone was present to speak on this item. None were present or requested to speak. COMMISION ACTION: Greg Jones made a motion for approval of the submitted site plan under Design Guidelines for the Extension of Parking subject to compliance with all administrative review comments of the City s Permit and Development Center. THE VOTE: 11-0 Item 6 ******************************* ******************************* Request from the City Engineer Pam Cooksey for review and approval of a Site Plan Police Department Temporary Parking under design guidelines in D-R Districts on property located at 100 East 2nd Avenue, to allow redevelopment of the property with a 92 space surface off-street parking lot. ( ) STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION 1. Purpose of Request: The City Police Department is seeking interim parking solutions for Police Officers and other Department employees. The subject property is part of the area being studied to identify a location for a building facility or campus that would house a consolidation of the Police and Information Technology Departments. It is anticipated that the recommendations of the consultant preparing

13 Page 13 the study, and a decision by the City Council on a project, would occur within the next 18 months. If the property is not determined to be necessary for building improvements, the City would then proceed to permanently pave the off-street parking lot. If the property would be determined to be needed for future facilities, a permanent parking surface would not be proposed. 2. Size of Site: 36,960 square feet. 3. Existing Zoning (site): D-R Downtown Riverfront District, D-O Downtown Overlay District, CDO Capitol Dominance Overlay District, GGP Gambling Games Prohibition Overlay District, PSO Pedestrian Oriented Sign Overlay District and FSO Freestanding Sign Overlay District. 4. Existing Land Use (site): The property is located in the Downtown to the east of the Des Moines River. It is directly south of the abandoned Norfolk Southern Railway, which is south of the Des Moines Police Department headquarters. The site contains a 31,200-square foot, one-story Quonset-type warehouse building. It was purchased by the City in 2003 and previously used for produce warehousing. 5. Adjacent Land Use and Zoning: North D-R ; Use is abandoned Norfolk Southern Railroad and the Police Department headquarters. South - D-R ; Uses are the Iowa Interstate Railroad and a City surface parking lot. East - C-3B ; Use is an office and warehouse building occupied by the Police Department. West - D-R ; Use is a City surface parking lot and the Des Moines River. 6. General Neighborhood/Area Land Uses: The surrounding area generally consists of a mix of government, commercial and light industrial uses in the eastern portion of the downtown area. 7. Applicable Recognized Neighborhood(s): The subject property is located in the Historic East Village Neighborhood. This neighborhood association was notified of the public hearing by mailing of the Preliminary Agenda on May 12, 2017 and a Final Agenda on May 26, Additionally, separate notifications of the hearing for this specific item were mailed on May 22, 2017 (10 days prior to the public 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. All agendas and notices are mailed to the primary contact(s) designated by the recognized neighborhood association to the City of Des Moines Neighborhood Development Division. The Historic East Village Neighborhood Association notices were mailed to Chris LoRang, P.O. Box 93904, Des Moines, IA

14 Page Relevant Zoning History: On May 24, 2017, the Zoning Board of Adjustment approved a Special Permit for temporary off-street parking areas that do not satisfy the standards of City Code Section for curbing, paving, and marking, for up to 18 months. This was made subject to review and approval of a Site Plan under design guidelines in D-R Districts by the Plan and Zoning Commission and issuance of a building permit by the Permit and Development Center. 9. Plan DSM Future Land Use Designation: Downtown Mixed Use. 10. Applicable Regulations: : In acting on any Site Plan for property located within the D-R Downtown Riverfront District, the Plan And Zoning Commission, in consideration of the criteria set forth in Chapter 18B of the Iowa Code, shall apply the design regulations in section of this article and the design guidelines in this section. The decision to approve, approve subject to conditions or disapprove a proposed Site Plan shall be based upon the conformance of the Site Plan with such design regulations and the following guidelines. These guidelines shall be applied to the entire site when a new building is constructed or an existing building is expanded by more than 50 percent of its gross floor area as of the time it became part of the D-R Downtown Riverfront District. If a building is expanded by less than 50 percent of its gross floor area as of the time it became part of the D-R Downtown Riverfront District, then these guidelines shall apply only to the expansion of the building. In acting upon any site plan application for development of property located within the Downtown Overlay District, the Plan and Zoning Commission shall apply the regulations in section of this article and the design guidelines in this section except as to those site plan applications for development of property located in the R1-60 and R-HD zoning districts within the downtown overlay district. The decision to approve, approve subject to conditions or disapprove a proposed site plan shall be based upon the conformance of the site plan with such design regulations and the following guidelines. These guidelines shall be applied to the entire site when a new building is constructed or when an existing building is cumulatively expanded by more than 50% of its gross floor area as of the time it became part of the downtown overlay district. If a building is cumulatively expanded by less than 50% of its gross floor area as of the time it became part of the downtown overlay district, then these guidelines shall apply only to the expansion of the building. II. ADDITIONAL APPLICABLE INFORMATION 1. D-R District Design Guidelines: These design guidelines are applicable to any development within the D-R District. 1) Building Heights. Minimum height for all uses that are not built integral to the levee as part of the riverwalk redevelopment, should be the lesser of 36-feet or 3-stories. The site plan does not propose any building improvements.

15 Page 15 2) Riverfront setbacks: Riverfront setbacks for all new construction (that is not built integral to the levee and as part of a riverfront park) should be a minimum of 100 (horizontal) feet from the high water mark of the river. Redevelopment adjacent to a riverfront park (not part of the levee reconstruction) should front a continuous public right-of-way. This could be either a road built to an urban standard, or an alternative profile of a minimum 20' width that clearly delineates a public right-of-way between new private development and the riverfront park. The proposed site meets this requirement. 3) Lighting: All new exterior lighting upon private property should be pedestrian in scale. The use of private overhead floodlighting is discouraged. There is no lighting proposed on the submitted Site Plan. A notation should be added on the Site Plan that any exterior lighting would be low-glare cut-off fixtures. 4) Residential building standards: New residential buildings should also comply with the following guidelines: a. Building front entrances should face public rights-of-ways. Those buildings with river frontage should be oriented towards the riverfront (except when located above street level retail). b. At least one building entrance for the residential uses should directly access the street when located above street-level retail. c. Buildings should have a building frontage on the principal street of not less than 70 percent of the lot frontage on the principal street. d. Buildings should have a maximum setback of 15 feet from the public rightof-way. No buildings are proposed. e. Service entrances, waste disposal areas and other similar uses should be located adjacent to service lanes and away from major streets and the public right-of-way adjacent to the river. N/A. 5) Commercial building standards: New commercial buildings should also comply with the following guidelines: a. Buildings should have a building frontage on the principal street of not less than 70 percent of the lot frontage on the principal street. b. A minimum of 70 percent of the building frontage should be set within one foot of the front lot line.

16 Page 16 c. Building entrances on new development sites that have river frontage (and are not integral to the levy), should be oriented both towards the riverfront and the primary street. d. Service entrances, waste disposal areas and other similar uses should be located adjacent to service lanes and away from major streets and the public right-of-way adjacent to the river. e. Restaurants may operate outdoor cafes on public sidewalks while maintaining pedestrian circulation subject to obtaining an areaway permit. No buildings are proposed. 6) Storage of any and all materials and equipment should take place within completely enclosed buildings. All open areas should be paved or landscaped, properly maintained and kept free from refuse and debris. All refuse collection containers and dumpsters should be enclosed on all sides by the use of a permanent wall of wood, brick, or masonry. The enclosure, including any gates for pedestrian and/or disposal truck access, should be constructed to provide at least a 75% opaque screen of the receptacle from any street. The storage of materials, equipment, or refuse collection containers is not proposed. 7) All open areas not used for off-street loading or parking should be landscaped in accordance with the Des Moines Landscape Standards. (See Site Plan Landscape Policies) The Site Plan proposes perimeter lot setback open space areas with decorative fencing. Perimeter lot plantings are not shown. There are parkway plantings proposed in the Rights-of-Way (ROW) along East 2 nd Street and East 1 st Street. There is no interior lot plantings proposed. The D-R District requires perimeter lot landscaping, interior lot landscaping plantings, and parkway plantings within planter beds of a Class A sidewalk. Given that the Zoning Board of Adjustment granted 18 months of waiver for paving and marking of the parking spaces, staff does not believe that the required landscaping should be provided unless the parking lot is proposed to be used permanently beyond this 18 month period. Therefore, staff recommends that the Site Plan be revised to show the necessary parkway planting streetscapes, perimeter lot landscaping, and interior lot landscaping with a note that these improvements only be required after any temporary waiver period (18 months or extended) expires and the lot is intended for longer term use. 8) Access doors for any warehouse use and any loading docks should not front on any public street. That portion of a building fronting on a public street should be used in an office or other commercial use.

17 Page 17 There are no proposed buildings. 2. Access or Parking: The proposed parking lot would have driveway entrances from both East 1 st Street and East 2 nd Street. This allows for a counter-clockwise oneway circulation that accommodates the efficiency of 60 degree angled parking spaces. The City Engineer proposes a design that would provide a temporary surface of rolled recycled asphalt material with painted parking space markings. In order to meet the intent of the D-O Downtown Overlay District Design Guidelines, a decorative metal fence is prosed in the perimeter setback areas along both East 1 st Street and East 2 nd Street. III. STAFF RECOMMENDATION TO THE PLAN AND ZONING COMMISSION AND BASIS FOR APPROVAL Staff recommends approval of the submitted site plan subject to the following: 1. Compliance with all administrative review comments of the City s Permit and Development Center. 2. Revision of the Site Plan to comply with the parkway plantings (in Class A public sidewalks), perimeter lot landscaping plantings, and interior lot landscaping plantings. This shall include a note that these improvements would not be required to be installed until the expiration of any paving waiver(s) by the Zoning Board of Adjustment. SUMMARY OF DISCUSSION Jacqueline Easley asked if anyone was present to speak on this item. None were present or requested to speak. COMMISION ACTION: Greg Jones moved staff recommendation for approval of the submitted site plan subject to the following: 1. Compliance with all administrative review comments of the City s Permit and Development Center. 2. Revision of the Site Plan to comply with the parkway plantings (in Class A public sidewalks), perimeter lot landscaping plantings, and interior lot landscaping plantings. This shall include a note that these improvements would not be required to be installed until the expiration of any paving waiver(s) by the Zoning Board of Adjustment. THE VOTE: 11-0 *******************************

18 Page 18 ******************************************************************************************* NON-CONSENT PUBLIC HEARING ITEMS Item 7 Request from Greater Des Moines Habitat for Humanity, Inc. (owner) represented by Lance Henning (officer) for review and approval of a Preliminary Plat Birdland Vista on property located in the vicinity of 2426 Saylor Road, to allow 3.69 acres of land to be divided into 23 lots for single-family residential development. ( ) STAFF REPORT TO THE PLANNING COMMISSION This item is continued from the May 18, 2017 meeting of the Commission. I. GENERAL INFORMATION 1. Purpose of Request: The applicant seeks to develop land for 22 single-family dwellings. This includes an additional lot with an existing single-family dwelling. The proposed development is unusual in that 19 of the lots would be oriented towards a common open space. Vehicular access for these lots would be provided by two (2) paved public alleys along the rear of the lots. 2. Size of Site: 3.69 acres. 3. Existing Zoning (site): PUD Planned Unit Development with Birdland PUD Conceptual Plan. 4. Existing Land Use (site): Vacant land and a single-family dwelling. 5. Adjacent Land Use and Zoning: North - R1-60 ; Uses are single-family dwellings and undeveloped land along Arthur Street. South - R1-60 ; Uses are single-family dwellings along East Holcomb Avenue. East - R1-60 ; Uses are single-family dwellings along Saylor Road and Union Park. West - M-1 ; Uses are undeveloped lots along Oxford Street. 6. General Neighborhood/Area Land Uses: The site is located in a primarily lowdensity residential area to the north of the recently reconstructed levy along the Des Moines River. The site is located between an industrial area along 2 nd Avenue and the City of Des Moines Union Park. 7. Applicable Recognized Neighborhood(s): The subject property is located within the Union Park Neighborhood. The neighborhood association was notified of the public hearing by mailing of the Preliminary Agenda on April 28, 2017 and a Final

19 Page 19 Agenda on May 12, Additionally, separate notifications of the hearing for this specific item were mailed on May 8, 2017 (10 days prior to the original public hearing) to the Union Park Neighborhood Association and to the primary titleholder on file with the Polk County Assessor for each property within 250 feet of the site. All agendas and notices are mailed to the primary contact(s) designated by the recognized neighborhood association to the City of Des Moines Neighborhood Development Division on the date of the mailing. The Union Park Neighborhood Association notices were mailed to Jack Daugherty, P.O. Box 16113, Des Moines, IA Relevant Zoning History: On April 17, 2017, the City Council rezoned the property to PUD Planned Unit Development by Ordinance No. 15,579 along with the approval of the Birdland PUD Conceptual Plan. 9. PlanDSM: Creating Our Tomorrow Plan Land Use Plan Designation: The subject property is located within an area designated on the proposed PlanDSM future land use map as Low-Medium Density Residential. The plan defines this category as areas developed with a mix of single family, duplex and small multifamily units up to 12 units per net acre. 10. Applicable Regulations: In consideration of the criteria set forth in Chapter 18B of the Iowa Code and in accordance with Section of the Subdivision Ordinance, the Commission shall determine if a Preliminary Major Plat conforms to the standards and requirements outlined in I.C et seq., and Chapter 106 of the City Code and shall approve, conditionally approve or reject such plat within 45 days after the date of submission thereof 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 Preliminary Plat was submitted on April 19, 2017 to the City Permit and Development Center. This means that the Commission would need to act on either their May 18, 2017 meeting or their June 1, 2017 meeting in order to be within the mentioned 45-day period. II. ADDITIONAL APPLICABLE INFORMATION 1. Natural Site Features: The site contains several mature trees that would be removed to accommodate the proposed dwellings and necessary utilities. The approved PUD Conceptual Plan states that development of the site must comply with the Tree Removal and Mitigation Ordinance contained in Chapter 42, Article X, of the City Code as part of any grading permit or subdivision plat. The submitted Preliminary Plat indicates proposed removal of trees using both the canopy method and individual identified trees outside the canopy area. The submitted Plat indicates 21 trees planting required for mitigation. Staff review has determined that the total

20 Page 20 number of trees required to be planted for mitigation under the Ordinance would be 158. There are not any trees shown for protection during constriction. The proposed number of trees to be planted with the development is 38 overstory tree species. This indicates a deficiency of 120 mitigation plantings based on staff review for mitigation plantings. If the canopy method were used for the overall Plat area (160,736 square feet), there would be 81 mitigation trees required. This area could be reduced by calculating the actual canopy area to be removed thereby reducing the mitigation planting requirements even further. Ability to provide mitigation planting is further challenged by the restriction of no plantings within the public water main easement area. Staff recommends that the Preliminary Plat tree protection and mitigation be revised to use the canopy method and thereby adjust the minimum number of mitigation plantings to meet the requirement or re-evaluate the plan to provide protection of more trees with less removal of trees. 2. Utilities: The submitted utility plan with the Preliminary Plat indicates that that the development would be served by a proposed 8-inch public sanitary sewer and an 8- inch public water main through the common open space are through the center of the site. They are proposed inside of a 40-foot wide public water main easement and a concentric 30-foot wide public sanitary sewer main easement. There would not be tree plantings allowed within the public water easement. 3. Drainage & Grading: The approved PUD Conceptual Plan required compliance with Stormwater management standards for the City. The submitted Preliminary Plat proposes a network of 15-inch and 24-inch public storm sewers throughout the development, with surface detention provided in basins located within Outlots X and Z in the southwestern portion of the Plat. The stormwater is proposed to release into an underground public storm sewer intake in Holcomb Avenue. With the initial Plat submittal, City Engineering staff reviewed the calculations in the report and determined that some assumptions need revision and that the proposed design would require more detention volume to be provided to meet the flood control detention requirements to release the 100 year storm event at a 5 year storm frequency rate. 4. Traffic/Street System: The submitted Preliminary Plat includes two (2) paved east/west public alleys running from Saylor Road to Oxford Street. These would be located within 22-foot wide segments of Right-of-Way that would be dedicated to the City. A portion of the southern alley crosses the separate owned property at 2410 Saylor Road, which is outside of the Plat boundary and shown by a public access easement. Sections of the alley have adjoining drive approaches on the private property which are designed with a pavement thickness to accommodate access for emergency vehicle staging in order to meet the Fire Code.

21 Page 21 With regard to site structural soils, the Engineering staff has requested more detailed geo technical soils data in order to evaluate soils strength for the design of the proposed public access alleys to be constructed. 5. Landscaping: The approved PUD Conceptual Plan required one (1) overstory tree be provided on each development lot and six (6) overstory street trees for the lots with public street frontages. This is a minimum of 29 overstory tree plantings required. The submitted Plat proposes 32 overstory tree plantings plus the 6 street tree plantings for a total of 38 over story trees to be planted. This number will need to be increased to comply with mitigation planting requirements regardless of whether the number of trees to be protected is increased or an alternative calculation method is used. 6. Staff Rationale: There are three major areas of deficiency with the submitted Preliminary Plat involving need to demonstrate compliance with tree mitigation requirements, stormwater management requirements, and provide additional geotechnical soils data necessary for proper evaluation of the public alley designs. After getting further information from their geotechnical consultant, the applicant has been working with the City Engineering staff to modify their storm water management approach in order to comply with the City s policies. After recalculating the proposed tree removal and mitigation, the applicant is also working with the City Arborist to specifically determine trees required for mitigation and a strategy for offsite tree mitigation. III. STAFF RECOMMENDATION TO THE PLAN AND ZONING COMMISSION AND BASIS FOR APPROVAL The applicant has requested a continuance. This request stays any shot clock requirement for the Commission to act on a Preliminary Plat. Staff recommends that the consideration of the Preliminary Plat be continued further to the June 15, 2017 meeting of the Commission, to allow the developer additional time to get final soils data from their geotechnical consultant, redesign the stormwater management improvements, and work with the City Arborist to develop a strategy for tree mitigation. SUMMARY OF DISCUSSION Erik Lundy stated the applicant for Item #7 has requested a continuance to the next Plan & Zoning Commission meeting of June 15, Jacqueline Easley asked if anyone was present to speak on this item. None were present or requested to speak. COMMISION ACTION: John Jack Hilmes made a motion to continue this item to the June 15, 2017 Plan and Zoning Commission meeting.

22 Page 22 THE VOTE: 11-0 Item 8 ***************************** ***************************** Request from Easter Lake Land Company, LLC (owner) represented by John Larson to rezone property located at 4612, 4636, 4654, 4678, 4710, 4728, 4754, and 4782 Southeast 34th Court: A) Determination as to whether the proposed rezoning is in conformance with the existing PlanDSM Creating Our Tomorrow future land use designation. B) Rezoning from Limited R1-70 One-Family Low-Density Residential District to Limited R1-70 One-Family Low Density Residential District, where the conditions requiring properties with frontage along Southeast 34th Street to have a greater finished floor area are removed, thereby providing the same finished floor area requirements for the entire development. (ZON ) STAFF REPORT TO THE PLANNING COMMISSION Item # 8 is continued from the May 18, 2017 meeting of the Commission. I. GENERAL INFORMATION 1. Purpose of Request: The subject property was rezoned from R1-90 District to a Limited R1-70 District in The zoning conditions included minimum house size requirements. These requirements set a higher standard for the lots that have frontage on SE 34 th Street than the rest of the development. The applicant has found that the higher standard for the SE 34 th Street properties are negatively impacting their ability to market those lots. Below is the specific zoning condition language. A strikethrough has been placed on the text proposed to be removed. Single story homes shall be constructed with a minimum of 1,400 square feet of above grade finished floor area. Except that any home constructed on a lot that has frontage on SE 34th Street shall have a minimum of 1,600 square feet of above grade finished floor area. 1½-story homes shall be constructed with a minimum of 1,600 square feet of above grade finished floor area with a minimum of 1,000 square feet on the first floor. Except that any home constructed on a lot that has frontage on SE 34th Street shall have a minimum of 1,800 square feet of above grade finished floor area. 2-story homes shall be constructed with a minimum of 1,800 square feet of above grade finished floor area. Except that any home constructed on a lot