Des Moines, Iowa March 16, 2017 Page 1

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1 Page 1 PRESENT: Francis Boggus, Dory Briles, JoAnne Corigliano,, Jacqueline Easley, Jann Freed; John Jack Hilmes, Lisa Howard, Carolyn Jenison, Greg Jones, Will Page, Rocky Sposato, Steve Wallace and Greg Wattier ABSENT: David Courard-Hauri and Mike Simonson. STAFF PRESENT: Mike Ludwig, Jason Van Essen, Glenna Frank, and Michelle Wall (Cathy Whitfield) John Jack Hilmes moved to approve the minutes of the March 2, 2017 Plan & Zoning Commission meeting. Motion carried (Greg Jones and Greg Wattier abstained because they were not present at the March 2, 2017 Plan & Zoning Commission meeting). Jacqueline Easley asked if anyone was present to speak on Item #5. None were present or requested to speak. Will Page stated the concept of this project is interesting. About 100 years ago a similar kind of development was constructed on E. 8 th near University Avenue listed on the National Register of Historic places. He believes this project is going to be a good addition to the City and to the Union Park Neighborhood. John Jack Hilmes asked if the applicant agreed with the conditions listed. Jason Van Essen stated yes. Will Page made a motion to move Item #5 to the consent agenda. Motion carried Jacqueline Easley asked if anyone was present to speak on Item #1. None were present or requested to speak. Greg Jones made a motion to approve the consent agenda Items #1 & #5. Motion carried Jason Van Essen stated the applicant for Item #2 is asking for a continuance to the April 6, 2017 Plan and Zoning Commission meeting. Jacqueline Easley asked if anyone was present to speak on this item. None were present or requested to speak. John Jack Hilmes made a motion to continue this item to the April 6, 2017 Plan and Zoning Commission meeting. Motion carried 13-0.

2 Page 2 Jason Van Essen stated the applicant for Item #4 is asking for a continuance to the April 6, 2017 Plan and Zoning Commission meeting. Jacqueline Easley asked if anyone was present to speak on this item. None were present or requested to speak. Dory Briles made a motion to continue this item to the April 6, 2017 Plan and Zoning Commission meeting. Motion carried CONSENT PUBLIC HEARING ITEMS Item 1 City Manager-initiated request for vacation of the following segments of alley Right-Of- Way intervening the property known as 420 Walnut Street: ( ) A) The two East/West alleys lying South of and adjoining Lots 2 and 4, in Block 21, Fort Des Moines, an Official Plat, which are between Walnut Street and Court Avenue from the North/South alley to 5th Avenue. B) The West 6.5 feet of the North/South alley between 4th Street and 5th Avenue from Walnut Street to Court Avenue, which is described as the East 6.5 feet of Lots 1 through 6, in Block 21, Fort Des Moines, an Official Plat. STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION 1. Purpose of Request: The proposed vacations would allow the segments of Rightof-Way to be assembled with the adjoining parcels, which could then be conveyed to a developer for redevelopment of the parking garage site. The parking garage is at the end of its useful life and a redevelopment proposal for the site has come forward that consists of a mixed use tower project. 2. Size of Site: 7,049 square feet (0.16 acres) of alley right-of-way. 3. Existing Zoning (site): C-3 Central Business District Commercial District, C-3R Central Business District Mixed Residential District, GGP Gambling Games Prohibition Overlay District, D-O Downtown Overlay District, and FSO Freestanding Sign Overlay District. 4. Existing Land Use (site): The north/south Right-of-Way is a paved alley. The east/west segments of Right-of-Way are incorporated in to the existing City-owned parking garage site.

3 Page 3 5. Adjacent Land Use and Zoning: North C-3 ; Use is the Capitol Square office building. South C-3R ; Uses are the Hy-Vee Grocery Store and multiple family residential units within a mixed-use building. East C-3 and C-3R ; Uses are the Kirkwood Apartments, Java Joe s Coffee House, Vaudeville Mews, the Randolph Apartments, Pita Pit, and 1908 Draught House. West C-3 ; Uses are the Polk County Courthouse and Polk County Justice Center. 6. General Neighborhood/Area Land Uses: The subject segments of Right-of-Way are located in the western half of the block bound by Walnut Street to the north, Court Avenue to the south, 4 th Street to the east and 5 th Avenue to the west. The surrounding area contains of a mix of commercial, institutional, and residential uses. 7. Applicable Recognized Neighborhood(s): The subject property is located in the Downtown Des Moines Neighborhood. The neighborhood association was notified of the meeting by mailing of the Preliminary Agenda to all recognized neighborhood associations on February 24, 2017 and by mailing of the Final Agenda on March 10, Additionally, separate notifications of the hearing for this specific item were mailed on March 6, 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 Downtown Des Moines Neighborhood Association notices were mailed to Tony Filippini, 1719 Grand Avenue #210, Des Moines, IA Relevant Zoning History: None. 9. PlanDSM: Creating Our Tomorrow Plan Land Use Plan Designation: The subject segments of Right-of-Way are within a site 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.

4 Page 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: There is an existing sewer located in the northern east/west alley Right-of- Way. There are no identified sewer, water, or electrical facilities within the other segments of Right-of-Way. Easements must be reserved for any existing utilities until such time that they are abandoned or relocated. 2. Street System/Access: On March 17, 1969, by Ordinance Number 7801, the City Council intended to vacate the subject east/west alleys for use in the parking garage site. It has since been determined that the ordinance incorrectly described these alleys. Therefore, the proposed vacation action is necessary before the property could be transferred for redevelopment. The north/south alley was widened to 23 feet in 1969 to improve the use of the alley as an alternative route for exiting the parking garage as well as for deliveries and trash collection. The additional 6.5 feet of width that was added to the alley in 1969 is not expected to be needed in the future, as the structured parking within the proposed redevelopment would only have an emergency exit onto the alley. Therefore, it is preferable that the 6.5 feet be incorporated into the tax generating development. Before it is conveyed, a traffic study must be conducted that investigates the impact of the proposed vacation on the adjoining properties and the surrounding street network. It is more effective to perform the traffic study once the program for the proposed redevelopment is further along. However, for the project to move forward in a succinct manner, the Commission needs to hear the request at this time. III. STAFF RECOMMENDATION TO THE PLAN AND ZONING COMMISSION AND BASIS FOR APPROVAL Part A) Staff recommends approval of the requested vacation of segments of east/west alley Right-of-Way subject to reservation of any necessary easements for all existing utilities until such time that they are abandoned or are relocated. Part B) Staff recommends approval of the requested vacation of the western 6.5 feet of the subject north/south alley right-of-way subject to the following conditions: 1. Determination by the City Engineer on the exact amount of the 6.5-foot wide portion of the Right-of-Way to be vacated based on a comprehensive traffic study that investigates impact on adjoining properties and the surrounding street network.

5 Page 5 2. Reservation of any necessary easements for all existing utilities until such time that they are abandoned or are relocated, as well as consideration of the consolidation of existing dumpsters and grease containers into a space under the new development. 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 Part A) the requested vacation of segments of east/west alley Right-of-Way subject to reservation of any necessary easements for all existing utilities until such time that they are abandoned or are relocated and approval of Part B) the requested vacation of the western 6.5 feet of the subject north/south alley right-of-way subject to the following conditions: 1. Determination by the City Engineer on the exact amount of the 6.5-foot wide portion of the Right-of-Way to be vacated based on a comprehensive traffic study that investigates impact on adjoining properties and the surrounding street network. 2. Reservation of any necessary easements for all existing utilities until such time that they are abandoned or are relocated, as well as consideration of the consolidation of existing dumpsters and grease containers into a space under the new development. THE VOTE: 13-0 ******************************* ******************************* Item 5 Request from Greater Des Moines Habitat for Humanity (owner) represented by Lance Henning (officer) to rezone multiple properties located in the vicinity of 2426 Saylor Road: A) Determination as to whether the proposed rezoning is in conformance with the existing PlanDSM Creating Our Tomorrow future land use designation. B) Rezone property from R1-60 One-Family Low-Density Residential to PUD Planned Unit Development District. (ZON ) C) Approval of a PUD Conceptual Plan for Birdland Vista, which allows construction of 19 single-family dwellings served by two 22-foot paved east/west public alleys running from Saylor Road to Oxford Street, construction of two (2)

6 Page 6 single-family dwellings with lot frontage along East Holcomb Avenue, construction of one (1) single-family dwelling with lot frontage along Saylor Road, and rehabilitation of one (1) existing single-family dwelling at 2428 Saylor Road, for a total of 23 single-family dwellings. STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION 1. Purpose of Request: The applicant seeks to construct 22 single-family dwellings and rehabilitate 1 existing single-family dwelling. The proposed development is unique in that most of the dwellings would be oriented towards a common open space with multiple pedestrian connections. The PUD Conceptual Plan demonstrates that vehicular access for the dwellings would be provided by two (2) paved alleys along the rear facades of the dwellings. 2. Size of Site: 3.69 acres. 3. Existing Zoning (site): R1-60 One-Family Low-Density Residential District. 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 February 24, 2017 and a Final Agenda on March 10, Additionally, separate notifications of the hearing for this specific item were mailed on February 24, 2017 (20 days prior to public hearing) and March 6, 2017 (10 days prior to the 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.

7 Page 7 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: N/A. 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. The proposed PUD Conceptual Plan would not require this designation to be amended. However, the notes on the Conceptual Plan should be revised to reflect the Plan DSM: Creating Our Tomorrow Plan instead of the 2020 Community Character Plan. 10. Applicable Regulations: Taking into consideration the criteria set forth in Chapter 18B of the Iowa Code, the Commission reviews all proposals to amend zoning boundaries or regulations within the City of Des Moines. Such amendments must be in conformance with the comprehensive plan for the City and designed to meet the criteria in of the Iowa Code. The Commission may make recommendations to the City Council on conditions to be made in addition to the existing regulations so long as the subject property owner agrees to them in writing. The recommendation of the Commission will be forwarded to the City Council. The application, accompanying evidence and Conceptual Plan shall be considered by the Plan and Zoning commission at a public hearing. The Commission shall review the conformity of the proposed development with the standards of the City Code and with recognized principles of civic design, land use planning, and landscape architecture. At the conclusion of the hearing, the Commission may vote to recommend either approval or disapproval of the amended PUD Conceptual Plan as submitted, or to recommend that the developer amend the plan or request to preserve the intent and purpose of this chapter to promote public health, safety, morals and general welfare. The recommendations of the Commission shall be referred to the City Council. 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 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 PUD Conceptual Plan also states that a tree inventory has been conducted that determined this ordinance

8 Page 8 will require the planting of 32 trees (2 inches in caliper each) in order to mitigate the trees that would be removed. 2. Utilities: The submitted PUD Conceptual Plan demonstrates that the development would be served by a sanitary sewer and a water main through the common open space passing through the center of the site. A note must be added to state that the water main shall be an 8-inch diameter public water main installed inside of a 40-foot wide easement, where the planting of trees may not be allowed within the easement. Staff notes that the house on Lot 20 may have to be shifted in order to provide the necessary easement. 3. Drainage & Grading: A stormwater runoff control plan per City Code Section is required. All grading is subject to an approved grading permit and soil erosion control plan. The submitted PUD Conceptual Plan proposes a network of storm sewers throughout the development, with three (3) detention basins located within the western portion of the site. The City may require the entire subdivision to be located within a horizontal property regime, with the detention basins designated as common areas shared by the owners of all the residential units. Common areas within a horizontal property regime are not separately taxed. In a horizontal property regime, the value of the common areas is allocated among the residential units. 4. Traffic/Street System: The PUD Conceptual Plan 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 property known as 2410 Saylor Road. The applicant indicates that they are in the process of purchasing this property. However, if the applicant is unable to acquire this property, they would still be required to secure the necessary easement to allow this public alley to cross a private property. The PUD Conceptual Plan demonstrates that a 6-foot wide east/west sidewalk would meander through the common open space between Oxford Street to the west and Saylor Road to the east. It also demonstrates a north/south sidewalk that would cross the portion of the development in between the two east/west alleys. Given that that this development would be predominately pedestrian-oriented, staff believes that a pedestrian connection should be provided to both Arthur Avenue to the north and East Holcomb Avenue to the south. This can be achieved by providing a north/south sidewalk within the proposed Lot 20 and a north/south sidewalk within the property known as 215 Arthur Avenue that is owned by the applicant. A note must be added to the PUD Conceptual Plan to state that a minimum 5-foot wide sidewalk shall be provided along any street frontage.

9 Page 9 The PUD Conceptual Plan demonstrates that each of the lots with access from the east/west alleys would contain a paved pad measuring 24 feet by 24 feet. While the applicant doesn t intend to construct garages on these pads, future owners could. Guests visiting homes within the development would either have to park on the paved pad on each lot or along public streets in the area. The applicant has indicated that they are considering constructing an off-street parking area for approximately six (6) vehicles on the lot they own at 215 Saylor Road. In order for this to be permissible, that property must be rezoned for inclusion into the Birdland Vista PUD. 5. Landscaping: The proposed PUD Conceptual Plan states that one (1) tree and twenty (20) perennials will be provided on each lot. Staff also recommends that a note be added to state that any lot with frontage on a public street shall also provide a street tree. Staff notes that this would require the planting of six (6) street trees. Staff recommends that the planting requirements also state that foundation plantings will be provided along the front of each home and that shrubs will be provided along the side of any paved parking pad in order to discourage parking on the grass. 6. Fencing: The PUD Conceptual Plan states that fencing will be allowed within the rear yard areas only. Staff recommends this note be expanded to state that such fencing shall be in accordance with the fencing standards applicable in the R1-60 District, so long as any chain link fence shall have black vinyl-cladding. 7. Principal and Accessory Uses: The PUD Conceptual Plan states that the permitted principal and accessory uses shall be those as permitted in the R1-60 District. While the R1-60 District allows for some home office uses (such as the home office of a physician, dentist, artist, attorney, architect, etc.), Staff also recommends that a note be added to state that home-based businesses that would otherwise be allowed in accordance with a Special Permit per City Code Section (10) shall be allowed so long as the Planning Administrator determines that the proposed business would satisfy the criteria contained in City Code Section Bulk Regulations: The PUD Conceptual Plan states that each lot would have a minimum lot area of 4,850 square feet and a minimum lot width of 40 feet. It also states that each lot would have a minimum front yard setback of 15 feet, a minimum side yard setback of 5 feet, and a minimum rear yard setback of 10 feet. Staff recommends that the text clarify that the common lot lines located at the center of the common open space area is considered to be the front lot line. 9. Urban Design: The PUD Conceptual Plan provides three (3) different dwelling types, each with two (2) varying façade treatments. Each dwelling would contain approximately 1,400 square feet of finished living space. All dwellings would have either a full or partial basement.

10 Page 10 Staff recommends the following design standards be provided as notes on the PUD Conceptual Plan to ensure a level of quality that is compatible with the adjoining properties and that will support the long term stability of the proposed development. a) No same house plan with the same façade treatment shall be built on adjacent lots. b) Exterior material for any home constructed shall be LP Smartside, fiber cement board, cedar, or masonry (brick or stone. c) The front façade of any house constructed must contain one of the following: i. A front porch of not less than 60 square feet; or ii. At least 1/3 of the front façade shall be clad with stone or brick masonry. d) The windows on the front façade of any dwelling shall have trim border not less than 4 inches in width. e) Any side façade of a dwelling that faces a public street or a common sidewalk through the development shall have a door and windows with trim border of not less than 4 inches in width. (This would potentially apply to lots identified as 1, 3, 4, 11, 13, 20, and 21.) f) The roof on any house constructed shall be of architectural profile asphalt type shingles. Standard 3-tab shingles are prohibited. Additional Information: The PUD Conceptual Plan states that transformers, junction boxes, air conditioner units, and other mechanical equipment over 3 feet in height cannot be located within a requirement setback, and that utility meters shall not be placed on a build façade that faces a public street. Each lot provides a minimum 10-foot by 10-foot storage shed. III. STAFF RECOMMENDATION TO THE PLAN AND ZONING COMMISSION AND BASIS FOR APPROVAL Part A) Staff recommends that the proposed rezoning and PUD Conceptual Plan be found in conformance with the existing PlanDSM Creating Our Tomorrow future land use designation of Low-Medium Density Residential. Part B) Staff recommends approval of the request to rezone the property from R1-60 One-Family Low-Density Residential to PUD Planned Unit Development District. Part C) Staff recommends approval of the proposed PUD Conceptual Plan for Birdland Vista, subject to the following revisions: 1. Provision of a note that states that the water main shall be an 8-inch diameter public water main installed inside of a 40-foot wide easement.

11 Page Provision of a note that states that a soils report and stormwater runoff control plan per City Code Section is required and that all grading is subject to an approved grading permit and soil erosion control plan. 3. Provision of a note that states the City may require the subdivision to be located within a horizontal property regime, with the detention basins designated as common areas shared by the owners of all the residential units. Common areas within a horizontal property regime are not separately taxed. In a horizontal property regime, the value of the common areas is allocated among the residential units. 4. Provision of a note that states the developer shall obtain the necessary approval to construct the alley across a portion of the property currently known as 2410 Saylor Road, either through acquisition of land for dedication as Right-of-Way or through provision of an access easement. 5. Provision of a note that states a pedestrian connection shall be provided to both Arthur Avenue to the north and East Holcomb Avenue to the south. This can be achieved by providing a north/south sidewalk within an easement on property known as 215 Arthur Avenue and a north/south sidewalk within an easement on the proposed Lot Provision of a note that states a minimum 5-foot wide sidewalk shall be provided along any street frontage. 7. Provision of a note that states one (1) street tree shall be provided along each lot with frontage on a public street. 8. Provision of a note that states foundation plantings shall be provided along the front façade of each home. 9. Provision of a note that states shrubs shall be provided along the side of any paved parking pad in order to discourage parking on the grass. 10. Revision of the note on fencing so that it also states any fencing within the rear yard areas shall be in accordance with the fencing standards applicable in the R1-60 District, so long as any chain link fence shall have black vinyl-cladding. 11. Provision of a note stating that home-based businesses that would otherwise be allowed in accordance with a Special Permit per City Code Section (10) shall be allowed so long as the Planning Administrator determines that the proposed business would satisfy the criteria contained in City Code Section Provision of a note stating that the common lot lines located at the center of the common open space area shall be considered to be the front lot line. 13. Provision of a note stating that any single-family dwelling shall be constructed in accordance with the following design guidelines: a. No same house plan with the same façade treatment shall be built on adjacent lots. b. Exterior material for any home constructed shall be LP Smartside, fiber cement board, cedar, or masonry (brick or stone).

12 Page 12 c. The front façade of any house constructed must contain one of the following: a. A front porch of not less than 60 square feet; or b. At least 1/3 of the front façade shall be clad with stone or brick masonry. d. The windows on the front façade of any dwelling shall have trim border not less than 4 inches in width. e. Any side façade of a dwelling that faces a public street or a common sidewalk through the development shall have a door and windows with trim border of not less than 4 inches in width. (This would potentially apply to lots identified as 1, 3, 4, 11, 13, 20, and 21.) f. The roof on any house constructed shall be of architectural profile asphalt type shingles. Standard 3-tab shingles are prohibited. SUMMARY OF DISCUSSION Jacqueline Easley asked if anyone was present to speak on this item. None were present or requested to speak. Will Page stated the concept of this project is interesting. He advised the Commission that there are already about 100 years ago a similar kind of development that was constructed on E. 8 th near University Avenue listed on the National Register of Historic places. He believes this project is going to be a good addition to the City and to the Union Park Neighborhood. John Jack Hilmes asked if the applicant agreed with the conditions listed. Jason Van Essen stated yes. COMMISION ACTION: Greg Jones moved staff recommendation Part A) the proposed rezoning and PUD Conceptual Plan be found in conformance with the existing PlanDSM Creating Our Tomorrow future land use designation of Low-Medium Density Residential, approval of Part B) the request to rezone the property from R1-60 One-Family Low-Density Residential to PUD Planned Unit Development District and approval of Part C) the proposed PUD Conceptual Plan for Birdland Vista, subject to the following revisions: 1. Provision of a note that states that the water main shall be an 8-inch diameter public water main installed inside of a 40-foot wide easement. 2. Provision of a note that states that a soils report and stormwater runoff control plan per City Code Section is required and that all grading is subject to an approved grading permit and soil erosion control plan. 3. Provision of a note that states the City may require the subdivision to be located within a horizontal property regime, with the detention basins designated as common areas shared by the owners of all the residential units. Common areas

13 Page 13 within a horizontal property regime are not separately taxed. In a horizontal property regime, the value of the common areas is allocated among the residential units. 4. Provision of a note that states the developer shall obtain the necessary approval to construct the alley across a portion of the property currently known as 2410 Saylor Road, either through acquisition of land for dedication as Right-of-Way or through provision of an access easement. 5. Provision of a note that states a pedestrian connection shall be provided to both Arthur Avenue to the north and East Holcomb Avenue to the south. This can be achieved by providing a north/south sidewalk within an easement on property known as 215 Arthur Avenue and a north/south sidewalk within an easement on the proposed Lot Provision of a note that states a minimum 5-foot wide sidewalk shall be provided along any street frontage. 7. Provision of a note that states one (1) street tree shall be provided along each lot with frontage on a public street. 8. Provision of a note that states foundation plantings shall be provided along the front façade of each home. 9. Provision of a note that states shrubs shall be provided along the side of any paved parking pad in order to discourage parking on the grass. 10. Revision of the note on fencing so that it also states any fencing within the rear yard areas shall be in accordance with the fencing standards applicable in the R1-60 District, so long as any chain link fence shall have black vinyl-cladding. 11. Provision of a note stating that home-based businesses that would otherwise be allowed in accordance with a Special Permit per City Code Section (10) shall be allowed so long as the Planning Administrator determines that the proposed business would satisfy the criteria contained in City Code Section Provision of a note stating that the common lot lines located at the center of the common open space area shall be considered to be the front lot line. 13. Provision of a note stating that any single-family dwelling shall be constructed in accordance with the following design guidelines: a. No same house plan with the same façade treatment shall be built on adjacent lots. b. Exterior material for any home constructed shall be LP Smartside, fiber cement board, cedar, or masonry (brick or stone). c. The front façade of any house constructed must contain one of the following: a. A front porch of not less than 60 square feet; or b. At least 1/3 of the front façade shall be clad with stone or brick masonry. d. The windows on the front façade of any dwelling shall have trim border not less than 4 inches in width. e. Any side façade of a dwelling that faces a public street or a common sidewalk through the development shall have a door and windows with trim border of not less than 4 inches in width. (This would potentially apply to lots identified as 1, 3, 4, 11, 13, 20, and 21).

14 Page 14 f. The roof on any house constructed shall be of architectural profile asphalt type shingles. Standard 3-tab shingles are prohibited. THE VOTE: 13-0 ***************************** **************************************************************************************** NON-CONSENT PUBLIC HEARING ITEMS Item 2 Request from Phoneguru, LLC (owner) represented by Utkarsh Mahajan (officer) for review and approval of a Site Plan under design guidelines for gas station/convenience stores, on property located at 2723 Grand Avenue, to allow conversion of the 1,827- square foot building from a vehicle repair service station to a gas station/convenience store and retention of the existing pump island canopy with 8 fueling locations. ( ) STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION 1. Purpose of Request: The applicant is proposing to convert the existing building to a convenience store with fuel sales. 2. Size of Site: 9,887 square feet or 0.23 acres. 3. Existing Zoning (site): Quick Trip No PUD District, FSO Freestanding Sign Overlay District, and GGP Gambling Games Prohibition District. 4. Existing Land Use (site): Vehicle repair service station building with fuel pumps and canopy. 5. Adjacent Land Use and Zoning: North C-2 & NPC ; Uses are surface parking and a commercial building. South C-2 ; Use is a dry cleaning business. East C-2 ; Use is an office building. West R-4 ; Use is multiple-family residential.

15 Page General Neighborhood/Area Land Uses: The subject site is located at the intersection of Grand Avenue and 28 th Street. The area contains a mix of commercial and multiple-family residential uses. 7. Applicable Recognized Neighborhood(s): The subject property is not located within the boundaries of a recognized neighborhood association. It is located within 250 feet of the Woodland Heights Neighborhood. The Woodland Heights Neighborhood Association is currently going through a change in leadership and did not have an official contact person identified to receive mailings from the City at the time notices were prepared for this item. A copy of the March 2, 2017 staff report and meeting agenda were ed to the neighborhood address (WHO@mediacombb.net) on February 24, On March 10, 2017, the final agenda for the March 16, 2017 Plan & Zoning Commission meeting was mailed to Doug McBride, th Street, Des Moines, IA A notice for this specific item was mailed on February 20, 2017 to the primary titleholder on file with the Polk County Assessor for each property within 250 feet of the site. 8. Relevant Zoning History: On April 26, 1984, by Docket Number , the Zoning Board of Adjustment granted relief to allow the canopy to be constructed into the required setback. 9. PlanDSM: Creating Our Tomorrow Plan Land Use Plan Designation: The site is designated as Community Mixed Use and Neighborhood Node. The Plan describes Community Mixed Use as small- to medium-scale mixed use development, located on high capacity transit corridors or at the intersections of transportation corridors. Community mixed use areas include both a mix of medium density residential and a mix of retail and service establishments designed to attract customers from a large service area encompassing multiple neighborhoods and may include specialty retail that attracts regional customers. A Neighborhood Node is described as the offer services that provide for basic daily needs of the local population in the surrounding neighborhood. They may include restaurants, shops, and small scale businesses and residential development including low-medium and medium densities. 10. Applicable Regulations: In consideration of the criteria set forth in Chapter 18B of the Iowa Code, any Site Plan application which includes property used as a gas station or convenience store and for extension of parking shall be approved by the Plan and Zoning Commission if the proposed Site Plan conforms with the design regulations in Section and the following additional design guidelines in Section of the City Code, unless the commission determines that the construction and use of the site will have a significant detrimental impact on the use and enjoyment of adjoining residential uses. Section (b)(2)(c) in the Site Plan Ordinance also requires that review of any Site Plan by the City shall consider the City s Comprehensive Plan.

16 Page 16 II. ADDITIONAL APPLICABLE INFORMATION Staff will provide analysis and a recommendation for the April 6, 2017 meeting based on a finalized submittal. Staff s analysis will be based on the following design guidelines: 1. Design Guidelines for Gas Station/Convenience Stores: Redevelopment of the site requires the consideration of the submitted Site Plan and building elevations for review by the Plan and Zoning Commission in accordance with the Design Guidelines for Gas Stations/Convenience Stores (Sec ). 1. Site Design. A. The optimal layout of any individual site requires an in-depth understanding of local context and a thorough site analysis. The components of a gas station and convenience store to be considered in site design include, but are not limited to: (i) Primary structure/retail sales building/single or multiple tenant; (ii) Pump island, canopy structure, and lighting; (iii) Refuse, service and storage area; (iii) Circulation systems and parking; (iv) Service bays; (v) Ancillary uses such as car washes, drive through uses, ATMs and telephones. B. Maximum size of site should not exceed two (2) acres without a rezoning to a PUD Planned Unit Development pursuant to Chapter 134, Division 13 of the Municipal Code of the City of Des Moines and site review under a Conceptual Plan approved by the Plan and Zoning Commission and City Council. C. Minimum open space should be 20 percent (20%) of the site or 1,000 square feet per vehicle fueling location, whichever is greater. D. All development proposals should show evidence of coordination with the Site Plan as well as arrangement of buildings and planning elements of neighboring properties by: (i) Responding to local development patterns and the streetscape by use of consistent building setbacks, orientation and relationship of structures to the street and linkages to pedestrian facilities; (ii) Seeking shared-access with adjoining commercial uses where feasible to minimize curb cuts and enhance pedestrian and vehicular circulation; (iii) Minimizing cross traffic conflicts within parking areas.

17 Page 17 E. The Site Plan shall mitigate the negative impacts from site activities on adjoining uses as follows: (i) Service areas, storage areas and refuse enclosures should be oriented away from public view and screened from adjacent sites; (ii) Drive-through windows, menu boards and associated stacking lanes should be oriented away from residential areas or screened from public view; (iii) Auto repair bay openings and car-wash openings should be oriented away from residential uses; (iii) Lighting should be non-invasive to adjoining residential use. F. The Site Plan shall provide identifiable pedestrian access from adjoining public pedestrian routes through the site to the primary building and from accessory functions within the site. This can be accomplished by use of special paving colors or textures and appropriately scaled lighting. 2. Architecture. The following architectural guidelines encourage creative response to local and regional context and contribute to the aesthetic identity of the community. A. Building design should consider the unique qualities and character of the surrounding area and be consistent with the city s 2020 Character Area Plans. Where character is not defined by 2020 Community Character Plan, building design should be of a high quality with primary use of durable materials such as masonry, block, or stone. B. A facility occupying a pad or portion of a building within a larger commercial center should be designed to reflect the design elements of that center. C. Drive-through elements should be integrated into the building rather than appear to be applied or stuck-on to the building. D. All sides of a building should express consistent architectural detail and character, with a primary use of durable materials such as brick, masonry block, or in special instances a predominant material found in the surrounding commercial area. Columns should be designed to minimize visual impact. E. Walls, pump island canopies and other outdoor covered areas should be compatible with the building, using similar material, color and detailing. F. To encourage visually interesting roofs, variations in the roof line and treatments such as extended eaves and parapet walls with cornice treatments are encouraged.

18 Page 18 G. Perceived height and bulk should be reduced by dividing the building mass into smaller-scaled components. Examples of treatments that could be used to avoid excessive bulk and height include: (i) Low-scale planters and site walls. (ii) Wainscot treatment. (iii) Clearly pronounced eaves or cornices. (iv) Subtle changes in material color and texture. (v) Variation in roof forms. (vi) Covered pedestrian frontages and recessed entries. (vii) Deeply set windows with mullions. H. Canopies: (i) Integration of materials on canopies that are similar or compatible to those used on the building or site walls is desirable (e.g., wrap the canopy columns with brick that matches the building). Multiple canopies or canopies that express differing masses are encouraged. (ii) Canopy height should not be less than 13-9 as measured from the finished grade to the lowest point on the canopy fascia. The overall height of canopies should not exceed 18. I. All display items for sale, excluding seasonal items (i.e., sand, salt, pop, firewood) should be located within the main building. All outdoor display of seasonal items shall be identified on the Site Plan and be located outside of any required setbacks. No display of seasonal items should exceed 5 in height. 3) Landscape Design. A. Landscaping is integral to the overall design concept and should be carefully planned to enhance the overall appearance and function of the site. B. Landscape buffers with screen fencing should mask the site from adjacent residential uses. Plantings that exceed the minimum Des Moines Landscaping Standards may be required. C. Dense landscaping or architectural treatments should be provided to screen unattractive views and features such as storage areas, trash enclosures, utility cabinets and other similar elements. D. A site design for projects located at a street intersection should provide special landscape treatments, including by way of example perennial plant beds, site walls, native grasses, and decorative sign foundations and housing.

19 Page 19 E. Proper maintenance and timely replacement of plant material is required and will be enforced based on the approved Site Plan. F. Monument signs are encouraged and are required when the site adjoins a residential district. All freestanding signs are subject to the following regulations: Sec General regulations. (p) Sign exceptions. The regulations applicable to signage in this chapter, including the district regulations, shall be subject to the following exceptions: (4) FSO Freestanding sign overlay district. The intent of the FSO freestanding sign overlay district is to decrease visual clutter along city corridors, streetscapes, and throughout the entirety of the city by requiring height restrictions for freestanding signs and encouraging the use of monument signs. The FSO freestanding sign overlay district applies to all land within the city or hereafter annexed into the city. The following regulations supersede any less restrictive regulations established in the district regulations: (a) Pole signs are prohibited. (b) Any on-premises advertising sign that is a freestanding sign shall be a monument sign, and shall comply with the following height restrictions measured from grade to the highest point on the sign: (1) If located at or within 25 feet from the front lot line, the sign shall be no more than 8 feet in height. (2) If located more than 25 feet from the front lot line, the sign shall be no more than 15 feet in height. Sec Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Sign, freestanding means a sign not attached to any building and is further defined as follows: (2) Sign, monument means a sign affixed to a structure built on grade, having a solid opaque base, constructed of brick, stone, concrete block or other durable material matching the exterior of the primary building and extending from grade to the bottom of the sign face across the entire width of the sign face. The height of the sign base must be not less than the larger of 2 feet or 25 percent of the total sign height. Monument signs are sometimes referred to in this chapter as monumental signs.

20 Page 20 4). Lighting. A. Lighting of gas stations and convenience stores should enhance safety and provide light levels appropriate to the visual task with minimal glare, light trespass and excess site brightness. Lighting should not be a nuisance or a hazard. B. Direct light trespass beyond property lines is prohibited. The maximum horizontal illuminance at grade and the maximum vertical illuminance at five feet above grade measured at the property line should not exceed Illuminating Engineering Society of North America (IESNA) recommended practices for light trespass. (0.5 footcandles for residential, 2.0 footcandles for commercial). The Site Plan must contain illuminance models showing light levels throughout the site. C. Light fixtures mounted under canopies should be completely recessed into the canopy with flat lenses that are translucent and completely flush with the bottom surface (ceiling) of the canopy. Generally, lights shall not be mounted on the top or sides (fascia) of the canopy and internally illuminated/entirely translucent canopies should be prohibited. However, accent lighting on the sides (fascia) of the canopy may be permitted. D. Parking Lot and Site Lighting: (i) All luminaries should be of full cut-off design, aimed downward and away from the property line; (ii) Maximum pole heights should not exceed 20. E. Building-Mounted Lighting: (i) All luminaries should be a full cut-off design and aimed downward. (ii) All luminaries should be recessed or shielded so the light source is not directly visible from the property line. III. STAFF RECOMMENDATION TO THE PLAN AND ZONING COMMISSION AND BASIS FOR APPROVAL Staff recommends the item be continued to the April 6, 2017 Plan and Zoning Commission meeting. SUMMARY OF DISCUSSION Jason Van Essen stated the applicant is asking for a continuance to the April 6, 2017 Plan and Zoning Commission meeting.

21 Page 21 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 April 6, 2017 Plan and Zoning Commission meeting. THE VOTE: 13-0 Item 3 ***************************** ***************************** Request from Extreme Auto Plaza, Inc. (owner) represented by Paul Moyer (officer) to rezone property located at 1453 East 14th Street. Additional subject property is owned by Gloria and Donald Moyer. A) Determination as to whether the proposed rezoning is in conformance with the existing PlanDSM Creating Our Tomorrow future land use designation. B) Amend the existing PlanDSM: Creating Our Tomorrow future land use designation from Low/Medium Density Residential to Community Mixed Use. ( ) C) Rezone property from Limited C-2 General Retail and Highway-Oriented Commercial and R-2A General Residential District to C-2 General Retail and Highway-Oriented Commercial District, to allow expansion of the existing vehicle display lot and to allow sales of new vehicles and trailers in addition to the existing limited sales of used vehicles only. (ZON ) STAFF REPORT TO THE PLANNING COMMISSION I. GENERAL INFORMATION 1. Purpose of Request: The applicant is proposing to revise the used car sales display lot to include trailer sales display. Currently any display on the property is limited by zoning conditions to used car sales display. The applicant is also seeking to expand the display use into the eastern portion of the property which is zoned R- 2A General Residential District. 2. Size of Site: 2.04 Acres (88,947 square feet). 3. Existing Zoning (site): Limited C-2 General Retail and Highway-Oriented Commercial District, R-2A General Residential District, VDL Vehicle Display Lot

22 Page 22 Overlay District and FSO Freestanding Sign Overlay District. The southern portion of the site is zoned R1-60 One-Family Low-Density Residential District. 4. Existing Land Use (site): The subject property contains a 9,622-square foot building used for an auto showroom and auto service, a paved vehicle display lot and a paved off-street parking lot that was previously extended into the adjoining residential zoning district to the east of the building. There is a landscaped area in the residentially-zoned portion of the property to the east of the building that has paved pads for vehicle display. These are not currently not used. Zoning Enforcement Staff have determined that there are no rights for any vehicle display within the residentially-zoned portion of the subject property. 5. Adjacent Land Use and Zoning: North R1-60, Uses are single-family dwellings and the Des Moines Union Park Congregation of Jehovah s Witnesses Kingdom Hall. South - C-2, Use is a car wash facility. East R-2A, Uses are single-family dwellings and vacant land. West C-1 and R1-60, Uses are single-family dwellings and a used car sales display lot. 6. General Neighborhood/Area Land Uses: The subject property is located along the East 14 th Street / U.S. Highway 69 commercial corridor. The corridor adjoins singlefamily residential neighborhoods to the east and west. 7. Applicable Recognized Neighborhood(s): The subject property is located in the Martin Luther King, Jr. Park Neighborhood and is within 250 feet of the Union Park Neighborhood to the north and the Capitol Park Neighborhood to the west. These neighborhoods were notified of the public hearing by mailing of the Preliminary Agenda for the original March 2, 2017 hearing to all recognized neighborhoods on February 10, Additionally, separate notifications of the hearing for this specific item were mailed on February 10, 2017 (20 days prior to original March 2, 2017 hearing) and February 20, 2017 (10 days prior to the original March 2, 2017 hearing) 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. Additionally, a Final Agenda for the March 16, 2017 hearing to all recognized neighborhoods on March 10, 2017 All agendas and notices are mailed to the primary contact person designated to the City of Des Moines Neighborhood Development Division by the recognized neighborhood association. The Martin Luther King, Jr. Park Neighborhood Association mailings were sent to Curt Wagner, 1317 Hutton Street, Des Moines, IA The Union Park Neighborhood Association mailings were sent to Jack Daugherty, PO Box 16113, Des Moines, IA The Capitol Park Neighborhood