ALTOONA PLANNING AND ZONING COMMISSION MEETING May 30, 2017 Altoona City Hall Members Present: Dan Dove, Scott Henry, Ann Moyna, Anne Lohmeier, Eric Gjersvik, and Dan Narber Members Absent: Jill Pudenz Staff: John Shaw, Chad Quick, Jenn Naylor, Guests: Sherri Wilson, Paula Rosenberg, Randy Blaseq, Rodney Wekkin, Joe Shepherd, Penny Shepherd, Dennis Anderson, Linda Anderson, Todd Havel, Maria Parker, Rich Parker, Laura Biegger, Donald Gerlits, Paul Slycord, Michael Hon, Carleen Hon, Others not signing in. Dan Dove called the meeting to order at 6:30 p.m. Roll call was taken with all members present, except Pudenz. 1. Public hearing, consideration and recommendation on a comprehensive plan land use map amendment from Tuscany Reserve LLC to change 6.47 acres from commercial to high density residential. Brad Brockman and Caleb Smith (McClure Engineering Company) presented the request on behalf of Tuscany Reserve LLC to change the zoning from commercial to high density residential to accommodate a senior living facility. Brockman displayed the site plan on the overhead projector and explained how the sanitary sewer enters the northeast portion and runs along 8 th Street SE, how water will come off the corner at 14 th Avenue SE and 8 th Street SE, and how the storm water detention was on the east portion of the site. There are grade changes of 20 to 25 feet that will affect water routing. He indicated where the parking area for visitors and staff would be located and explained the plan to construct a one-story building with 40 rooms and a common space for dinner and activities, with room for future expansion to the west for a different portion of care. Henry asked how many acres the facility takes up. Brockman responded approximately four acres. Henry said that they weren t looking at a site plan, just the comprehensive plan and amending it from C-2 to R-5. Shaw clarified that there were three considerations before the Commission: The comprehensive plan land use map, the rezoning to an R-5 PUD, and the PUD plan. Henry asked if the Tuscany residential area to the south was all PUD as well. Shaw affirmed. Dove asked about the 15-yard setback request. Brockman responded that the way the architect presented future expansion actually extended further to the south than the main building. They are working with staff and the architect toward a solution to shift it to 25 feet. Gjersvik added that by approving this request, the Commission would be agreeing to a 15-foot rear yard setback. Shaw stated that is what they are requesting. For a normal R-5, the setback is 50 feet, so this would be a significant reduction. Fire protection and accessibility around the buildings were concerns voiced by the Fire and Building Departments, and dependent upon whether or not the proposed building is sprinkled, there may be flexibility in accessibility around the building. The second building shown as 15 feet off the setback line is still unresolved and has not been reviewed for fire protection and accessibility issues. Even though it s shown on this plan, and even if the rezoning were permitted, the future building would still need to complete the process of site and building plan approval, as well as meet zoning and fire codes. He recommended that the second, future building shift up to meet the 25-foot setback of the first. Henry asked Shaw for clarification that the first two agenda items were rezoning and the third was what was actually going to be in the PUD as far as regulations for setbacks. Shaw stated that in the first agenda item, they were talking about comprehensive land use, changing from commercial to high-density residential. In their request, they included the full gamut of an R-3 zoning. Henry asked if the Commission approved the request as it was, could they say no to the site plan. Shaw stated not to the particular use. As the PUD possible uses were the third agenda item, the Commission would be approving what uses could actually go there. If the Commission approved the R-5 request, they would approve the listed uses and setbacks. Dove asked Shaw for clarification regarding if the Commission approved this as an R-5, adding that he liked nursing homes, could the nursing home go away in three weeks and be replaced by an apartment building? Shaw stated as they were requesting it, yes, because they were requesting any use that would be typical of an R-3. Dove stated that the site plan would still have to come back through the
Commission for approval if they went to an apartment building. Shaw stated yes, adding that now was the time the Commission would be approving uses for the property. Gjersvik stated that in order to do what they re proposing, it has to be zoned. Shaw affirmed, repeating that the Commission would be approving rezoning and the development plan. Dove opened the hearing to public comments. Sherri Wilson, 1516 11 th Street SE, said she was stating the opinions of several area residents. One concern was obstruction of view. Another was that if an apartment building were constructed rather than an assisted living facility, she felt apartment dwellers don t have the same investment in homes as the area homeowners. She wanted to encourage Brad Brockman to carry the message back that the plan for an assisted living facility is one the residents would stand behind, especially if it was limited to one-story in height. Rich Parker, 922 15 th Avenue SE, stated he liked the idea of assisted living going in there, but he was concerned regarding the stipulations, that it would be difficult to control if the developer decided to build apartments once the Commission approved the request. He asked why they needed 6.5 acres rezoned, expressed concern over what might go on the remaining 2.5 acres, and said he doesn t like the idea of a three-story apartment building with a fifteen foot setback. Joe Shepherd, 8324 NE 46 th Ave, owns land northeast of the proposed building. He stated he didn t spend half a million dollars to look at apartments and is concerned about the traffic increase. Randy Blaseq, 1209 Tuscany Drive SE, is in favor of an assisted living facility. He does not want apartment houses. He felt that what was before the Commission was too broad, that they should say no thank you, and he recommended they amend it. They are hearing the same comments as before at past meetings. Dennis Anderson, 1116 15 th Avenue SE, stated he is opposed to any apartments whatsoever, especially subsidized housing. He is in favor of nursing homes or hospice. He added that his cousin was murdered by someone from someone out of assisted living. Donald Gerlits, 931 15 th Avenue SE, had a question regarding how many people in an area zoned high density residential could live on 6.5 acres? Shaw answered at 20 units per acre and 1.8 people per unit, there could be 360 people. Gerlits worried that once the developer gets zoning request approval, they ll amend and go for high density apartments. He requested that they rezone it for a nursing home. Dove said they can t zone it just for a nursing home. Shaw responded the Commission can restrict what is going on it. Gerlits restated the Commission should restrict it. He asked Brockman if the plans were for 40 units. Brockman responded yes. Gerlits asked how many cars were expected for 120 units. Shaw responded that 1.5 stalls per unit were required and there would be 160 spots. Dove added they wouldn t have enough land to put in that much parking. Gerlits stated there was enough room for another building. Michael Hon, 1423 12 th Street SE, asked if they were planning to add a dementia unit. Brockman responded to the west, yes. Hon asked if they were prepared for the security issues and if they had informed to the Police and Fire Departments. Dove stated they would when it was time. Hon said this is the time. Dove stated when the building is built, the Fire Chief, the Police Department, and the City will go through and make sure everything is up to code. He used to be part of an emergency unit, which had many adult care facilities. Residents would get loose easily. He was concerned that the proposed facility in question would be right next to a busy street. Dove said they would make sure it s up to State codes. Hon added that the Commission should limit it to a one-story nursing care facility for all six acres. Paul Slycord, 923 15 th Avenue SE, stated the need for a stoplight on the corner, that there had been numerous accidents that had happened there already. He recommended the Commission approve 4 acres for this and leave the corner for commercial development, perhaps a gas station. He asked what would happen with the bank behind his house and asked if the City had enough inspectors to keep up with growth.
Dove responded that the City recently hired an additional inspector. Shaw clarified that the request does not include an acre on the corner remaining commercial. With no further public comments, Dove closed the public hearing. Henry asked Shaw if it had to say C-2 to High Density Residential to get what they were asking. Shaw responded yes, but this was just the general land use map, the blueprint, not the zoning. This type of residential use was an intensive residential use, hence the High Density classification. Dove asked how the Commission could put restrictions on the Planned Urban Development, so that the developer does not put in an apartment. Shaw clarified the applications, saying first is approving the comprehensive plan land use change from commercial to high density residential. Apartments would not even be addressed in that item. In agenda items #2 and #3, the Commission could address restrictions. Henry said he knows they ve restricted what goes into C-2, but he doesn t remember restricting a PUD. Shaw stated that in a PUD, they are allowed to do what s on the plan. They would specify uses that are permitted in the plan. R-5 recognizes R-3 types of uses. They would specify their setbacks, bulk regulations, and permitted uses on the PUD plan. If it says apartments, they would be allowed apartments. If it doesn t say apartments, then they re not allowed that. To change a planned urban development, they would have to go through a hearing process, and everyone would be notified again. Dove asked if in agenda item #2, they could list the use, such as, This can just be used for senior living facility, for instance. Shaw stated that this is their application. Hubbell would have to agree to it. Otherwise the Commission is bound to act on the request as submitted. If they don t agree to omit uses or change setbacks, the Commission has to act on it as submitted. Henry moved to recommend approval of the comprehensive plan land use map amendment, changing from commercial to high density residential, as submitted. Seconded by Gjersvik. Votes: Yes Gjersvik, Dove, Henry, Lohmeier, Narber, Moyna. No None. Motion approved, 6-0. 2. Public hearing, consideration and recommendation of a rezoning request from Tuscany Reserve LLC to rezone approximately 6.47 acres from C-2 (General Commercial) to R-5 (Planned Unit Development). Brad Brockman (McClure Engineering Company) presented the request. Henry asked about the other assisted living facilities in Des Moines, stating he has seen other assisted living facilities that go from apartments to fully assisted to nursing home, asking if that s correct. Brockman replied yes. Caleb Smith (McClure Engineering Company) added that a dementia unit would come at a separate time. He said the only reason the land uses were what they were in the request was that he took them out of the high density residential description and put them in there. The unusual right-of-way and depth of the parcel have been difficulties. The rear setback could be reduced. If apartments were going to be an issue, while he may not have the authority to say no, he could say they were willing to accept it. The intent was to make this an allinclusive facility to have resources for independent folk, for those who need assisted living resources, and for those who need dementia resources. A consideration for Hubbell to consider would be to keep the option for villa units open in the complex for the more independent folks. Dove asked Shaw how the Commission could get that in writing. Shaw responded to ask them if the owner would be willing to put restrictions on it. Smith said that he could not speak on it, as he does not represent Hubbell. Shaw asked Brockman if they would be willing to table it, find out, and bring it back at the June meeting. Dove agreed with Shaw s question, asking if the Commission could table the request until they could get a direct answer. Smith said that while it was important to start this year, the Commission s request was fair. Shaw urged Smith to take back the neighbors concerns regarding apartments and their support for a one-story assisted living complex. Henry asked how independent living facilities could be restricted, if there could be age restrictions. Shaw responded that they could be written into the PUD. Lohmeier stated how this would be a transition piece, how loved ones want to be close to their people who need more assistance and who would transition from an independent apartment to assisted living to a place with more care. It would make sense if the apartment were one-story and if it were restricted.
Dove moved to table the request until next month in order to get clarification on the willingness of Hubbell to restrict the uses. Seconded by Lohmeier. Votes: Yes Gjersvik, Dove, Henry, Lohmeier, Narber, Moyna. No None. Motion approved, 6-0. Shaw recommended to Dove that item #3 be opened and tabled. Dove asked the public if they understood what just happened. Maria Parker, 922 15 th Ave SE, responded that she had one question. She said she has seen plenty of threestory senior apartment complexes, so she was concerned that they d still build a three-story building, even if it were for seniors. Dove responded that the Commission could restrict that. Sherri Wilson, 1516 11 th St SE, wanted to encourage that Tuscany be a senior transition area. 3. Public hearing, consideration, and recommendation for a development plan called Tuscany North to include possible uses of assisted living facilities, condominiums, townhomes, or apartments. The bulk regulations will have front yard setback of 50-ft, rear yard setback of 15-feet, and side yard setback of 30-feet on the west and 50-feet on the east. Maximum height is 35 feet and three stories in height and minimum open space is 30 percent. Dove opened the hearing to public comments. With no comments, Dove closed the public hearing. Dove moved to table the request in order to get clarification on the willingness of Hubbell to restrict the usage. Seconded by Henry. Votes: Yes Gjersvik, Dove, Henry, Lohmeier, Narber, Moyna. No None. Motion approved, 6-0. 4. Consideration and recommendation of a final plat for Spring Creek Ridge Plat 1. Brandon Stubbs (Engineering Resource Group) presented the final plat for Spring Creek Ridge Plat 1, a 37- lot development located south of 24 th Street, west of NE 80 th Street, and north of NE 27 th Avenue. Stubbs said they are under construction now. They agreed with the City s recommendations. Henry asked if they had helped the neighbors to the south in regard to water issues. Stubbs replied yes, that they installed storm intakes and a detention. Chad Quick clarified that they had provided sanitary sewer line for future connections. Gjersvik asked how it was functioning after all the recent rains. Stubbs replied that they hadn t finished the storm yet, so the detention basin is just sitting there. Dove asked if they had agreed to the deficiencies. Stubbs replied yes. Dove opened the hearing to public comments. With no comments, Dove said he would take a motion. Henry moved to recommend approval of the final plat for Spring Creek Ridge Plat 1, subject to deficiencies. Narber seconded the motion. Votes: Yes Gjersvik, Dove, Henry, Lohmeier, Narber, Moyna. No None. Motion approved, 6-0. 5. Consideration and recommendation of a final plat for Fieldstone Estates Plat 3. Jason Ledden (Snyder and Associates) presented the final plat for Fieldstone Estates Plat 3, located east of Clay Elementary and south of 30 th Street SE. He said he just found out they were close to finishing and it looked great. Dove asked if they had met the deficiencies. Ledden responded yes. Quick added they had revised the plat. It s basically just legal documents that remain. Henry moved to recommend approval of Fieldstone Estates Plat 3, subject to deficiencies. Lohmeier seconded the motion. Votes: Yes Gjersvik, Dove, Henry, Lohmeier, Narber, Moyna. No None. Motion approved, 6-0. 6. Consideration and recommendation of a site plan amendment for Menard Yard Expansion and Warehouse. Rodney Wekkin (Menard Inc., Eau Claire, WI) presented the site plan amendment, which includes shifting the warehouse 30 feet toward the store to allow a fire lane access road behind the warehouse. There were state-level issues with fire standards discovered during the permitting process. Henry asked about the design
standard issue. Quick responded they should have metal, concrete, brick, or stone wall instead of wood. They would need to go back to the Board of Adjustment for approval. Henry moved to approve the recommendation of a site plan amendment for Menard Yard Expansion and Warehouse. Seconded by Lohmeier. Votes: Yes Gjersvik, Dove, Henry, Lohmeier, Narber, Moyna. No None. Motion approved, 6-0. 7. Minutes of the April 25, 2017 meeting. Lohmeier moved to approve the minutes. Seconded by Henry. Votes: Yes Pudenz, Henry, Lohmeier, Narber, Moyna. Pass Gjersvik. No None. Motion approved, 5-0. Old Business Status of Previous Applications: a. Staff updated the Commission on that status of the Outlets of Des Moines construction. June 21, 2017 is the date to turn the shell building over to the tenants for tailored finishing. John Shaw will find out if a tour will be offered. b. The Siculus Project Bluebird fence was valued at over $10.5 million and included over 3 miles of fencing. c. The latest annexation was approved. d. Forty acres north of Spring Creek will be going to the City Development Board and will be submitting for rezoning. The City is working with them on joint grading work for lakes. e. Tuscan Estates Plat 2 was reviewed and the applicant reduced the plat. City Council met with the owner. Council wanted them to remove two lots; the owner reduced the number of lots by one and made select lots bigger. The developer included additional land. New Business There will be an Ordinance written in the near future regarding short-term lodging/vacation rentals commonly referred to as Airbnbs. Per the current City Ordinance, these are not allowed, as they are zoning violations, as they operate like hotels. A proposal similar to what West Des Moines allows will be considered, wherein the dwelling must be owner-occupied in order to rent out a room or the entire dwelling. Dove moved to adjourn. Lohmeier seconded the motion. Votes: Yes Gjersvik, Dove, Henry, Lohmeier, Narber, Moyna. No None. Motion approved, 6-0. Meeting adjourned at 7:35 p.m. Next meeting June 27, 2017 at 6:30 p.m. Respectfully submitted, Jennifer Naylor Office Assistant