Planning Commission - Regular Meeting

Welcome to the December 18th meeting of the De Moines City Planning and Zoning Commission. I will start by reading our rules and procedures. The plan and zoning commission is generally an advisory body to the city council. Council will hold a public hearing and make the final decision on all matters before the commission other than site plans and subdivision plats unless denials or conditional approvals thereof are appealed. The applicant will be given 10 minutes to present the request. proponents and then opponents from the public are then allowed to speak in that order with each speaker allowed a maximum of five minutes. The applicant is then allowed 5 minutes for a rebuttal. The hearing will then be closed and the commission will discuss and vote on the issue. All comments are to be gerine to the item under consideration and speakers are to maintain a courteous manner. Items listed on the consent portion of the agenda will not be individually discussed and will be considered for approval in accordance with the recommendation in the staff report unless an individual present or a member of the commission requests that the item be removed from the consent agenda and considered separately under the public hearing agenda. Um, before we get into our business, I want to acknowledge that this is Francis's last planning and zoning meeting. He served on this commission for 10 years. So, we thank you for your service and your leadership. Round of applause for [applause] and there is a certificate that will be mailed to you.

Thanks so Okay. Um, first, could we get a motion to approve the minutes of our last meeting if there aren't any questions or corrections? I move. Thank you. All in favor, please raise your right hand. Abstensions.

Thank you. Motion passes. I will now read the consent agenda items. Item number one is a request from Austin Gilliam for the for the following regarding property located at 3601 Southwest 56th Street. Determination as to whether the requested reszoning is in conformance with plan DSM. Amend plan DSM to revise the future land use classification of the property from business park to low density residential and reszone from EX mixeduse district to N2B neighborhood district to allow reconstruction of a onehousehold dwelling unit. Would anyone in the audience tonight like this item discussed on the public hearing agenda? Anyone on the commission? Okay, item number one will stay on consent. There is the potential for item two to move to the consent agenda. So, I will read that now. The request is from Zion Capital Group represented by Ryan Campos for the following regarding property located at the vicinity of 2453 East Grant Avenue. Determination as to whether the requested reszone is in conformance with plan DSM. Amend plan DSM to revise the future land use classification of the property from neighborhood mixeduse to highdensity residential and reszone the property from limited RX1 mixeduse district to RX1 mixeduse district to allow reuse of an existing building for multiple household dwelling units and construction of a new multiple household building for a total of 10 residential dwelling units on the property. Would anyone in the audience tonight like this item discussed in the public hearing agenda?

Anyone on the commission? Okay. Could I get a motion to move item two to the consent agenda? I'll move. Thank you. All in favor, please raise your right hand. Okay, that motion passes. And then could we get a separate motion to move the consent agenda? I'll move.

Thank you. All in favor, please raise your right hand. Okay, that motion passes. So, we'll move to the public hearing agenda. Item number three is a request from Evergreen LLC for the following regarding property located at 4540 Lower Beaver Road. determination as to whether the requested reszone is in conformance with plan DSM. Amen. Amend plan DSM to revise the future land use classification from low dens, excuse me, low medium density residential to neighborhood mixed use. Then reszone the property from NX2 neighborhood mix district to RX1 mixeduse district to allow reuse of an existing non-conforming auto repair building for an ice cream shop and drive-thru. And Jillian will present for the city. Good evening, Commission, Madam Chair. Jillian Summer with planning staff. Item three at 4540 Lower Beaver Road is in the Lower Beaver neighborhood, uh, a few blocks north of Douglas Avenue. Um, as the agenda notes, it has an existing building with an auto repair shop. The applicant is proposing to convert that existing building into an ice cream shop. Um, NX2 is generally a medium density residential district. it doesn't allow for retail uses and it doesn't allow for the um non-conforming auto repair use either. Um so reszoning to RX1 to allow the retail use is what's required. Um this is an aerial image of the location. You can see the existing building with the existing parking on the site. Um there's single lots of single family residential around um to the north and east. There is a multifamily uh apartments to the west.

The applicant is proposing um this is their proposed site sketch uh for the ice cream shop which would include a drive-thru around the back side of the building. They are proposing some outdoor seating in the front as well. basic reuse of the existing building. At this point, um staff has noted that uh this property would have to go through site plan review processes. There could be some items that might come up during that that would bring the the item back to the PNZ for type two design alternatives. Uh the driveways um would be up for discussion. Um as well as the drive-through would require a type two design alternative. Just want to make note of that. staff is recommending um approval of the item. The one condition that that we are recommending is that you can see in these existing pictures there is some landscaping on the street frontage. This is from the street that is overgrown. So, we do think that that that should [clears throat] be maintained and and kept in good condition going forward. The applicant did hold a neighborhood meeting um and met with the neighborhood association as well. We did receive some comment cards uh in support of the request. Are there any questions from the commission? questions.

I guess just one is so is family pantry still there next to it or is this the family pantry or uh No, this is not the family pantry. This is the auto repair shop. Okay. So, family pantry still there to the south. Correct. Okay. Okay. Thank you. Is the applicant present tonight? If so, um please come forward. You have up to 10 minutes to present. Okay. And when you're finished, please sign in on that white sheet. And please do state your name and address for our records. Okay. Sounds good.

Thank you. Good evening everyone. My name is Suki K. We moved uh here 10 years ago. I have been living here for 10 years actually. I came from India in 1995. We came to Colorado. Then we moved to New York. Now I'm in Iowa now. I love this state. Nice people here. I like it. And I always wanted to start my own business. And I choose this neighborhood because I think the ice cream shop will be an nice commodity for the neighborhood. This shop will be bright, colorful, and inviting, making it a perfect place to relax and enjoy desserts for families and kids. Thank you very much.

Thank you. Any questions for the applicant? Okay, thanks very much. Thank you. Is there anyone here in the audience tonight who would like to speak in favor of this item? Please come forward. Yep. Also, state your name and address for our records and you have up to five minutes.

Yeah. My name is Isaac Y. I'm the president of the Lower Beaver Neighborhood Association. I'm at uh 421638th Street. So I'm actually just a block away from this property. So I um in we did have our meeting last month and uh well actually it was two weeks so beginning of this month on the on the Thursday and uh yeah we didn't have any uh anything against the plans or the project. Uh we had 30 neighbors there present at the meeting and it was a discussion that we had and everyone was pretty happy about it. We're excited to see new life in that district and uh we're looking forward to it. So, I don't have any objections. Okay. Thank you. Would anyone else like to speak in favor of this item? Please come forward.

Same thing. Please state. You can go ahead. Please state your name and address for our records and sign in when you're done.

Thank you. My name is Steve Ladic. Address is 3506 Valdez Drive. Uh I have deep roots in Northwest De Mo. I graduated from Hoover High School. I've been the treasurer for the Northwest Soccer Club and I've been the treasurer for Lower Beaver Neighborhood Association for the last 5 years as well. Uh a licensed CPA within the state of Iowa. I'm also serve as the vice president of business administration for Food Bank of Iowa. Um Google Maps shows I'm about 700 steps away from the house. We've lived in our home since 1998. So come over 27 years now. Um beyond excited to have this development in our neighborhood. Uh northwest side of De Moines has a lot especially within the lower Beaver neighborhood has a lot of empty buildings, has a lot of blight. It seems like a lot of open spaces unfortunately turn into less than desirable operations. Um very excited, very supportive. everyone within the neighborhood is excited about this project and we hope that we have everyone's support for it as well. Thank you for your time.

Thank you. Would anyone else like to speak in favor of this item?

Please state your name, address. You have up to five minutes and sign in when you're done.

Uh Jim Hilka. I'm the architect for the project. Um I live at 1405 uh first street southeast first street number 104 107 sorry um in de mo I just wanted to to explain the how we're looking at one of the one of the comments that's coming up is that it's going to be two exits. We we know that that'll be addressed in the site plan issue and that's not really something that's here. We accept that and we we will if we if need be we would work with that. Um, we do not desire that because of uh it it right now the way we're looking at is we want to get some outdoor seating uh so that you can enjoy your your uh your ice cream in the in the sun uh below the shade. So that's kind of where that is. Um and u the then the other issue that we have to deal with of course is the overgrowth and we've we've known that from day one. Um and they I made sure they agreed with me on that to start [clears throat] out with. So, those are just a couple items that they've been wonderful to work with and um you know, I I hope that this that this something we can seek up for.

Thank you. Would anyone else like speak like to speak in favor? Anyone neutral or opposed, please come forward. Hi, my name is Carol Maher. I live in downtown De Moines. I hate to say that I'm opposed to an ice cream shop because I eat it year round, but um I am a bike advocate. And if you notice when you look on the map, there is a bike lane that goes right in front of that um parcel. And it isn't just shop a ship um replacing an auto repair shop with an ice cream shop. There are two different kinds of businesses. Auto repair doesn't have people coming in and out on short stays um coming in and out cutting through the bike lane over and over again with a drive-thru. It's a very different business model that you're putting in an area that has a bike lane. We have very few in our city. And um a sidewalk that um you would encourage people to walk 762 steps to the to the ice cream shop. I think um putting a a car focused business at this location is not desirable. And if I'm voted against, which I'm sure I will be, um I really strongly hope you consider closing one of those curb cuts because um uh four different ways for people to cross uh the bike lane and sidewalk is much worse than two two ways that they're crossing the um bike lane and sidewalk. Um just down the street at Woodlon Preschool, there was a parent and child that were hit in a crosswalk um going to school. So there are kids around there. There are people walking

around there and these um car focused businesses should really be um carefully considered. Thank you.

Thank you. Please do sign in. Would anyone else like to speak in opposition? Okay. Um, applicant, you do have five minutes for a rebuttal if there are any of these concerns that you'd like to address. Okay. I will then close the public hearing and open it up to the commission for discussion and motions. seems like exactly type of project Francis was talking about uh making progress on for his 10 years. So, I'm excited about this and thought the curb cut thing is very interesting. I hadn't really thought of that um in in that same way. So, it would be interesting to see what staff's thought is on that or I guess the traffic department what they would think of that which I know isn't the point tonight. I think it is a good a good topic to consider. I move staff.

Thank you. Any discussion on that motion? All in favor, please raise your right hand. Thank you. Motion passes. And that brings us to item number four. And Bert will um present this item for the city.

All right. Madam Chair, members of commission, Bert Dross, planning staff for the city of De Moines. Item number four is a reszoning at 3214 East 14th Street. It's actually two parcels. Uh it's uh located here on the west side of East 14th Street, just a couple blocks to the south of East Uklid Avenue. Uh there's a building on the site right now that's really just used for storage. Uh the applicant is proposing to reuse the building for a tire shop. So, the tire shop uh use requires an MX3 district, one of our more um I guess heavy in intensity um commercial districts, where MX1 is more of like a low intense commercial district. Um the applicant did not provide a site sketch, but they did describe um how they intend to use the site. Um again, it would primarily be a tire shop. they had some office and some storage space within the existing building. Then here is a um a street view photo of what that building currently looks like. You can see there's three overhead doors on the east side facing um East 14th Street. And um then this is looking to the south from Henderson um Avenue to the north. So, you can see there's a curb cut here along Henderson. And then along Southeast or East 14th Street, there's also um a couple of curb cuts. I don't have the best pictures to show that, but if we zoom in on the aerial, you can kind of see the Kirk cuts aren't in the best of shape either, but there's some pretty wide open spaces here where the cars can freely um pull in and out of the site. And then I did mention there is an alley along the south side of the property. So staff does believe that East 14th

Street is a highway. It's a state highway in fact. So we feel it's appropriate for highway oriented commercial such as a tire shop. Um we have recommended one condition that um they do in fact do a site plan that will take a look at the drive approaches. And again, since this is a state highway, the state DOT would have to weigh in on those um drive approaches, but staff is supportive of this project. So, we have recommended approval just to subject to the condition that the property be brought into conformance with the site plan. They did hold their neighborhood meeting. Um, we did get one card in support. They didn't I guess they didn't put their address on the card, but um Michelle found it for us. So they are over here on Henderson Avenue to the west.

Otherwise, that concludes my presentation. Any questions for me? Um Bird, um the uh property or the lot, whatever to the north is going to be parking, I guess, for the for the tire repair shop. Um, but a food truck is going to be allowed to be there. What are the rules if there are any rules in terms of parking for food trucks? And I'm asking the question because there's the allowance under the zone will be for the tire repair shop to have a minimum number of vehicles. And so I I'm wondering, you know, how it might be confused in terms of more trucks there actually than would be allowed,

right? And and I'm not sure, but the food truck might already be allowed to be there. The food truck would just need a transient merchant license. They have to be parked on paved space or paved lot with um some parking spaces designated for the use. So Jillian might know the rules better than me if she wants to add. But

the parking requirements for the tire repair shop are based on the square footage of the building. It's one parking space per 600 ft of the building. And then for the um food truck, there need to be three additional spaces. So they need to have excess spaces, three for the food truck. So then does that mean that for enforcement uh for enforcement if say one drove past at 10:30 p.m. at night um the food truck isn't there and there are more vehicles parked on the property than that are allowed with the zoning they would not be in conformance then with zoning. Is that correct? Um we we would review their plan for their parking layout and determine do they have a sufficient number of spaces before we would allow the the license the transient license. Um what people do on site um if if they're not following their their plan or they're parking in places that aren't allowed parking spaces that that could be an enforcement issue.

Thank you. Bert, I have a question. Uh, based on the staff recommendation since you're mentioning the site plan, it wouldn't otherwise be required based on the recent changes that we adopted. There's some questions based on the recent amendments whether um since there's not a dollar amount or a vacancy trigger anymore. Um, there's some question about whether a site plan would be required. We do believe that to use this effectively as a tire shop, a site plan is necessary. So, we wanted to just make that a condition. So, there's no ambiguity about that. And

then a different question. Are they going to be required to merge those two properties? As part of the site plan, we would look at um the spacing of that. more than likely they would either only be able to use the alley and Henderson or potentially one um drive approach on East East 14th, but that would definitely be looked at with the site. Any other questions? Are we sure there's Are we sure there's drive approaches besides that alley? Cuz

the street view doesn't look like there's any approaches on it. It looks like there's only on the north lot one north exit and on the south side there's nothing but the alley.

Okay, you're right. There there isn't one on East 14 right now. It's at the alley. And tonight we're just zoning. Is that right? It is tonight. She just talking about the zoning and whether the tire shop used is appropriate for the site and the site plan would be a later phase. I think to Okay, just to make sure I'm clear. So, we're talking about the zoning and Johnny's question was that we're asking for in order to get the zoning to make a condition that a site plan's required, even though there's debate as whether site plan's required,

right? Johnny mentioned the triggers for site plans have been revised in recent months and like the vacancy trigger was one of those triggers that was eliminated and so um just really to re eliminate any ambiguity or uncertainty of whether a site lane is needed. In the staff report we laid out the supplemental use regulations that are also going to be required for a uh auto repair use. And so just to make sure that those supplemental use regulations um are met and that the site is organized efficient or effectively too.

I was just going to ask if there are more questions. So go ahead please. Uh I have a question uh about the the second floor. Um the the zoning is going to allow for office and storage. Uh has the applicant been um carefully instructed that residential use would be not allowed? No. And in fact, residential could be allowed in a mixed mixeduse district. So they could um and like the storage would have to be associated with a permitted use of the property. So they couldn't just use it as like a warehouse. So it would have to be storage associated with the tire shop use or with another permitted use on the property.

As I understood though from the staff report, the the business on the first floor is only going to have uh a parking place for two or three vehicles. Would that apply for the residential use on the upper story as well? Yeah, if they would add residential uses, the site plan would require at least one off- streetet parking space per um per dwelling unit. And how many units or rooms are on the floor?

I don't know if they're even considering residential. My concern is about the number of cars parked on the on the lot obviously and so I those are the reasons I'm asking this question and I think it's important that the applicant understands what's involved right and like we shared your concerns and that's part of the reason we wanted the site plan just to be sure all the um uses are known all the portions of the building have been um assigned a use that they have to meet parking requirements for we can we go back to your the parking restrictions because I guess I read them. I'm not really clear. I'm not sure anymore. What do you mean about the park? You had those lines on the staff report right there.

Here. Right. Yep. So, we're calculating no more than three vehicles per bay may be stored outside while we're waiting repair pickup and there's three bays. We're saying it's no more than nine cars outside as long as they aren't there 72 hours and they're not occupying a required space. So that means I have to have nine spaces so far. How many required spaces for this property? Did we say three? One per 600. So if it for the tire shop use, they're one for 600 is three. So I now need 12. And if I cuz it's 1,400 ft, isn't it? Do we know how many spaces we're supposed to have so far? What's this aggregate?

We don't we don't know if they're going to keep all three tenant or um service bays. They might just have two service bays. I would let the applicant answer that. Well, I'm just trying to make sure down in the weeds here. I mean, this is all site plan stuff. We're just talking about zoning tonight. Not if we restrict this right now tonight. If we require this on top of this tonight without knowing what it means, then we're preventing access to a site plan that's as open as it could be. Aren't these additional requirements?

The supplemental, those six supplemental regulations, they apply regardless of a site plan. They're um they're tied to the use. So in NX3, auto repair use is allowed so long as it meets those six supplemental um regulations. Okay. So these aren't things that are added. Like the site plan sounds like it's going to be an added thing relative to what the ordinance currently states, right?

Not necessarily. Like um I guess we haven't Jillian, do you know if the site plan would be required regardless of that condition? I don't because that gives me pause that we're adding a requirement that wouldn't be on someone else just because we didn't give them a plan on a zoning meeting.

I think from staff's perspective like we're only comfortable with the tire shop use going in there if it meets cycling requirements, landscaping, number of parking spaces, clearly marked screening dumpsters, things like that. As a citizen though, we just did change the requirements for site plan to help developers and it sounds like it's not helping them though. That's my concern. But I I know that's a discussion point, but that is my concern here is I'm trying to figure out which one of these items is required, which ones is an extra. So, I'm not trying to be in the weeds. I'm trying to make sure I'm clear. If we do have a bunch of calculations with our worst case, what are we aggregating to? because it sounds like we're aggregating to a requirement for 16 spaces. Looks like there's 16 spaces just looking at it. I just want to make sure we're not adding something on accident that we're going to make it harder for them later.

It It sounded to me like the only additional provision by staff was the site plan review that those other requirements would be required would be embedded if it is approved as a tyrant. That's my understanding. Is that accurate? Yeah, that's correct. like in the NX3 district and auto repair use is only allowed if it meets those supplemental use regulations. [clears throat] They would have to get variances of those from the board of adjustment to not meet those and everything else will apply like any design exceptions staff will still be able to do like type one any type two will have to come would come here correct.

Okay. Any further questions for Bert? Thank you. Thank you. Is the applicant here tonight? Okay. Please come forward. State your name and address for the record. And you have up to 10 minutes to present. And then um when you're finished, please sign in on that white sheet. This is Hakobo. I'm U Martin. He's real estate agent. Uh,

hi, my name is Hakon Hernandez. The property address is 324 his 14th PH Street. I'm going to talk in his behalf. Okay, that's fine. Yes.

Um All right. Um regarding the property, uh he wants to turn it into a tire shop. We went through the uh pre-application. The change of usage will trigger a site plan according to what we know, right? He's already planning on doing a site plan. Um having the neighborhood meeting, we uh we had one person that attended uh they're saying that there was a lot of homeless activity within the property. So him now being there doing maintenance on it has prevented from from from uh that happening any any longer. Uh regarding um some of the stuff that he's going to do obviously is going to be updating uh landscaping, new signage, improved parking lot layout. Uh the usage, the intention would be the first floor to keep it as uh tire shop. The second floor is currently an office/sto that he wants to keep commercial. He has no intention to switch it over into residential. Regarding the lot next to it, uh currently it does have a a taco truck. He wants to keep that, but he does have he understands the issue within the parking, but he rather have a tire shop than the taco truck. So, that's going to create issues for him within the site plan. He rather uh keep the tire shop and he can shut down the uh uh the taco truck. one of the items regarding the uh and other than that Hakobo is a seasoned entrepreneur has re owns real estate he is in the restaurant uh business despite his disability disability he continues to a neighborhoods and invest in the community community

thank you any questions for the applicant just looking at the street It looks like there's at least 19 parking spaces on here. Do you know how many estimated parking spaces are between these two lots?

He's guessing about 25. Okay. Any other questions? I I don't know if there's I didn't there's an entrance over to the would be the uh north of of the property, but it's gated. I don't know if you guys seen that through um through Google, but just wanted to mention that over by that house, there's an entrance right there, but it's gated. It's opens and shuts depending on who uses the the

Oh, you mean there's two curb cuts off the side? over by there you go. You see it? So somewhere there. There you go. There's the the entrance right there. And there's a gate there. It opens and shut. So that's one of the things that you guys were asking. And that's regarding, you know, to be able to go in and out of the out of the property if you wanted to maintain that tackle truck there. Any more questions? Okay. Thanks. Thank you. Thank you. Would anyone in the audience tonight like to speak in favor of this item?

Anyone neutral or post, please come forward.

Hi, my name is Carol Maher. I live in downtown De Moines. Um, number two on the writeup says that uh the curb cuts on East 14th Street should be quote discouraged and will require a permit from ID do. I don't know if that means that they need to be closed, but it would really be great if any curb cuts we can close at any time would be good. And if when you're looking at the site plan or whatever it's going to be called, I hope that you really look closely at the condition of the sidewalks. You can see I'm looking on Google Blue there's curbs that are in the sidewalk way which narrows the sidewalk and the sidewalks are in disrepair and for able-bodied people as well as people that need assistance that's an undesirable way to um get around. So, I would hope that you would encourage the applicant to um bring the sidewalks up to spec and remove those um concrete curbs that are in there, making the sidewalk narrow. And in times of like when we have snow and stuff, it makes it really hard to use the sidewalk if they're narrow to begin with and they're not cleared appropriately. So, um I think this is a great opportunity to make that safer for u pedestrians in that area and I hope that staff encourages the applicant to look at that. Thank you.

Thank you. Applicant, you do have five minutes um for a rebuttal if you would like to address those concerns at all. [cough] [snorts]

We did have a conversation about the sidewalk and the site plan and part of that I believe on on the pre-application is that some of those approaches they need to be redone and so does the sidewalk. So my client he is he already knows that he's considering that they need to be replaced. If anything um he's what's he's going to do it's really update the building right. uh and get it up to par and get it working and and just do positive things within the neighborhood. Thank you. Okay, I'll close the public hearing and open it up to the commission for discussion and motions, please.

I just have a question for staff just to confirm the access that's currently on East 14th is the alley, right? It's not part of the site. It's the alley, correct? So there's there's no driveway right now. That's on the East 14th site and if the applicant wanted one they would have to go through the DOT through the DOT to get the permit for that. Right. So there's nothing to close on that side. Correct. Correct. Yeah. I apologize. I didn't know that going in. Shro was both super here and she was sick. So

guess I'm I agree we should have a site plan. I think it would be really really great. It sounds like the owner wants a site plan. Obviously, if you're going to be fixing the parking lot and everything else, you're going to have a site plan. I'm opposed to requiring a site plan as part of this because it doesn't seem like it's equitable given the fact we've removed that requirement for others within this community. So, I'm not making a motion on this, but I think it would be unfair of us to require a site plan. Even if it's good, we should have it. It would avoid access to enforcement for access to possible mistakes if the site plane isn't appropriate. I just don't think if it is if it isn't required, we shouldn't be using zoning to require it. [cough and clears throat]

Any more discussion? [laughter] No. Uh I move staff. Thank you, Francis. All in favor of the motion, please raise your right hands. Thank you. Motion passes. And that is the end of our agenda. I'll remind everyone that on January 15th, the new slate of officers for 2026 will be presented and voted on. Will we be here or someplace else? Then what a good question for

um so we'll be here for at least two more meetings. Um city council is slated to have their first meeting at 1200 Locust on Monday, February 9. And then the idea is after city council holds their first meeting. Then the other boards and commissions would start meeting there after February 9th. But just to clarify cuz we have a slate that's ready. Do we we sent that in this week? We wait till the next meeting. We'll have to That's what the bylaws say is they're voted on the first meeting of the year. We were working under a tight timeline, so we weren't sure. Appreciate that work. Thank you. All right, meetings adjourned.