3-5-20 Plan & Zoning Commission

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welcome to the Planning and Zoning

Commission meeting tonight

I'll read the rules and procedures the

plan and Zoning Commission is generally

an advisory body to the City Council the

City Council will hold a public hearing

and make the final decision on all

matters before the Commission other than

site plans and some division plots

unless denials or conditional approvals

thereof are appealed please contact the

city clerk or Community Development

Department staff for details on council

hearings the applicant will be given ten

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 applicant is

then allowed five minutes for rebuttal

the hearing will then be closed and the

Commission will discuss and vote on the

issue all comments are to be germane 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

an item be removed from the consent

agenda and considered separately under

the public key and agenda the City of

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five two eight three four two oh nine

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we do have a quorum thank you

approval of the minutes from the last

meeting or any Corrections minutes okay

any Corrections all right all in favor

raise your right hand

opposed abstentions

okay pass thank you

we're gonna turn our attention to the

consent items on number one city

initiated request for the following

property located at 1420 Mulberry Street

the subject property is owned by central

Iowa shelter and services determination

as to whether the requested rezoning is

in conformance with the plan dsm

creating our tomorrow comprehensive plan

rezone properties from p2 public Civic

and institutional district to DX to

downtown district to allow for expansion

of the existing temporary shelter for

additional multiple household living

units an area for service provision

there anyone on the in the audience who

wants to hear this item anyone on the

Commission okay number two requests from

Des Moines cold-storage represented by

CJ Morton for review and approval of a

PU deep final development plan for a

phase one hey of Des Moines cold storage

located at 3805 Vandalia Road to allow

the sixty two thousand six hundred and

eighty square foot addition to the

existing refrigerated warehouse building

there anyone in the audience who wants

to hear this item anyone on the

commission as much as I can okay number

three do you want to say something here

Erica item three we're recommending it

was on the consent but we're

recommending continuance based on the

applicant contacted us and was not able

to set up their neighborhood meeting and

so under the code they really can't

proceed with an action on it so the you

it could be tabled to for two weeks it

could be tabled for a month depending on

the Commission's will I guess I have the

sense they're ready to set that up and

have that meeting

if you really wanted to get them

adequate time to do that so move okay so

it's been recommended that its continued

because we can't take action because

there hasn't been a neighborhood meeting

so yeah so if you voted on the consent

you would be voting to continue yes

you'll be voting to continue okay number

four wait I said you might find it

there's anybody in the odd is anyone

want to hear what is anyone here -

you're here for number three banker

investment okay number four request from

living waters fellowship represented by

Joshua Daggett for the following or the

following for property located at thirty

161 southeast 22nd Street determination

as to whether the requested rezoning is

in conformance with the plan dsm

creating our tomorrow Comprehensive Plan

and B rezone property from P to public

civic institutional district to our x1

mixed use district to allow for

conversion of the premise to a daycares

roots is there anyone here who wants to

hear this item

anyone on the Commission I think did you

did you raise your hand

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as absolute arrogance

that that would be a detail of their

operation under our code it's defined as

day care yeah okay thanks for that

clarification anyone on the Commission

who wants to hear this okay do I have a

motion I'll move and we have March 19th

for the continuance date for item three

on the staff recommendation but I

thought I heard he wanted to move it to

April 30 days to allow things to happen

as you say that's up to the Commission I

didn't get a specific request on the

from the applicant so leave it as it is

move consent okay okay

consents been moved all in favor raise

your right hand

look skinny I missed me right all right

time for the public hearings so if you

were here for one through four you don't

have to stay unless you want to see your

government at work

okay item number five

Eric do you want to move it up or yeah

I'll you want read better okay I'll read

request from qfl development represented

by john larson for review and approval

of a preliminary plat Woodberry on

property located in the vicinity of the

3401 block of East 56th Street to allow

the property to be divided into 84 Lots

for one household development to that to

do two lots for multiple multi household

development and out lot for stormwater

management and/or open space additional

subject property is owned by jail arts

and homes yeah and I want to correct

that that that was corrected to say

three Lots for you okay there's one

small lot and that was corrected on what

got posted online since the time is a

packet

so the property property in question the

Commission's familiar they went through

a rezoning in the fall and then the new

zoning ordinance superseded but the

zoning is reflective generally of what

was approved in in the previous code you

have an area two sub areas that are

zoned n 2 B and n 2 a each of them allow

different standards for the house type D

that would be constructed and that's

generally the house type that would be

built in new development throughout the

perimeter of the city for the most part

the 2a would require a lot of wider lot

configuration and area for us the

single-family dwelling or one household

dwelling the it was continued a couple

times to get that straightened out with

the design that was being submitted to

ensure that those Lots would comply with

standards of the new code for that house

type and they they've done that and

resubmitted the other Lots to the east

are accessed by a drive that is going to

allow for separate development plans for

those foresight plans for those areas

it's conceivable that those may come

back with design exceptions depending on

the specific building type design that

gets built there but that is zoned annex

to and allows for multi household

development so that would be anticipated

there I think they're still planning to

follow through with the same program

they had back when they initially tried

to rezone this in the fall so or last

last year so I don't think they've

changed our intentions I do want to

point out there's some floodway in this

area and floodplain and that's all zoned

with the flood designation they're

essentially staying away from that with

development that's going to serve as

open space for their site

they're gonna I'll let the designer get

up here and go over it but they're gonna

reef reconfigure this to serve the

stormwater needs and they've they've

done design work they're reshaping of

the property to ensure that water that

comes in that's coming on the west

through the property to the west is

managed properly and get taken to where

it needs to go for any detention

required and that that shouldn't be an

impact in a hundred year or less

frequent storms so right now our

requirements and reviews are based on

100-year event so

the and I'll let the designer again kind

of explain any nuances if you're curious

about how that works for that situation

but I think that was kind of the big

issue the other thing that was concerned

kind of initially was the fire access

and that's been addressed for the areas

to the east the challenge to the east of

course is getting access to it because

you're not coming through the flood area

and if the church is preventing access

from the north directly so that was the

fire marshal's office or fire prevention

looked at that and they're they're

satisfied with what what's being

proposed now with all the radius is on

the streets and everything and then the

trail the parks staff has worked with

them to provide the trail alignment

that's shown in the preliminary plot I

think they will continue to work with

parks to when that Parks is ready to

move on that project because they're

gonna have to also coordinate with other

properties to the south and north to get

that realignment to occur in fact you

may see in the future a

amendment to plan TSM and move DSM to

add that into the system of the trail

system but staff is recommending

approval of this subject to compliance

with all administrative review comments

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and then

I'll make sure and then we want to make

we want to make sure that there's an

easement provided for the trail that

parks and recreation is shown they may

not show exactly as it is on the

preliminary plat but once there's a

final plat we will want that defined so

that that gets dedicated with the final

plan but there so there show it's shown

generally in the preliminary plat final

plat will have to be consistent with

that

any questions

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no I'll let the Alette Brent from

Schneider kind of give you more detail

on that or if you have any questions

about some of the concerns I think that

about

okay please state your name and address

and then sign the sheet please

you get chairmembers information my name

is Brett cult but with Snyder &

Associates at 2727 Southwest Snyder

Boulevard in Ankeny Iowa representing

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whew qsl development and Jay Larson

holmes john Larson as the developer and

owner of both both of the entities on

this site approximately 65 acres located

just east of East 56th Street the 65

bypass as Erica explained this is a

floodplain down there it's a creek area

this is a site where the end to a zoning

is from here north that's a 60 foot wide

lot in an area of 7,500 square feet and

to the south at this point here south is

the into a which is a 75 foot wide lot

and nine thousand square foot minimum

lot size this area to the east

that's for correcting that Eric but

three Lots over here will be a future

preliminary plat but I mean we went

through the rezoning last year in July

August it was just there was an intent

or the the requirements at that time was

to kind of show intent so we'll come

back and get that modified and probably

has some design options or alternatives

on that in the future so if you first

phase the development that they're

looking at is approximately this this

area up and through here so we are

working through this has an existing

pond in this area that will be enhanced

to provide the storm water quality and

water quality quantity that is required

we've done it done an extensive modeling

a swim model which is a very extensive

model on how the stormwater works into

the site through the site detains and

then

location we will be required to and we

are working with the DNR on a dam permit

for that existing pond it's a newer pond

but it would never did get a dam permit

so we're keeping the embankment of the

pond in place and kind of enlarging it

to provide the required storm water

through this that's required the city of

the north

so utilities wre brought a sanitary

sewer up through here it was last year I

think they did the construction of it so

that's available for us to connect on to

and extend and we have the roadways

itself and then water is located along

56th Street there are some pretty major

encumbrances with gas main coming up

through here and also overhead

transmission high-voltage overhead

transmission through here so besides the

floodplain and the interstate and we

have all these other things that were

kind of working around and and working

through that process with those

different entities itself

during the course of approval at the

council there was see this it might be

easier on this side that the count one

of the council members prior to this

layout we have just lots here with side

yard swales to accommodate there's two

points of flow coming from this lot here

council member requested that we not

have lots there so as you can see with

this design this whole area we removed

those three Lots in here and so that he

comes down out lot owned by the

association so we're not trying to set

the amount of fool coming off our

neighbor to the west in between the lot

lines so from there we gathered at up

take it through a large box and out into

the pond so on the south here

and the south currently air flows go on

to the neighbor and then down and out

we're doing a console gathering it here

and in a box boy that she's little off

site taking it down to that same area

the small sump and then out letting into

the pond that kind of shows them the

pond and the different levels of the

pond that we're doing with that I'd be

happy to answer any questions on any of

the items on the fund a plat do you

agree with the staff recommendations are

you agreement with all those yes

questions

okay thank you thank you anyone else

here to speak in support of this project

all right anyone want to speak in

opposition okay please state your name

address and then we need you to sign the

sheet right there on the table

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Matt Murphy 3301 East 56th Street maybe

get me maybe get a little closer pull it

closer straight alright sorry

and so it's Matt Murphy

I live at 3301 East 56th Street which is

represented on the chart as n2a I think

is right over the top of my house I was

here in July offered my thoughts on what

I think how this affects my property

none of that has changed and Eric was

good enough to give me a call at about

4:30 today

and so I've just seen the new plan took

me about 30 minutes to get here so I had

about 30 minutes to digest what Snyder &

Associates in John larceny are working

to mitigate what was discussed the last

time so I don't know if I'm in support

or if I'm against this at this point

because I've got about 30 minutes of

looking at it what I see right off the

bat is is while there is kind of a

retention pond effect to that out lot

that the Snyder associates identified if

you look at the contour lines of it is a

three foot maybe a three foot depression

in the ground and so as it relates to

draining off my property so that the

water doesn't stand on my property I

don't know if it does that or not I have

to believe the civil engineers look at

these things and they decide how this is

gonna work I am also interested in the

hundred-year flood data I don't know

when that hundred years started and when

the next hundred years hits I just know

that every year in a two to three inch

rain which does occur we're draining the

the property that is on the west side of

56th through two culverts

that run on both sides of my property it

runs 15 foot wide and about a foot and a

half deep it is a lot of water and so as

that gets down on the East End of my

property it kind of splits off into two

in two directions but generally runs to

the pond so with what Snyder says has

proposed here with an out lot in a

anyway for that water to run off absorb

however it's going to leave there I

don't know if that works or not I would

simply ask for time to take a look at it

I'll get a civil engineer they'll come

out and basically read the plans and

tell me is this gonna work or not so the

last time I was here was July I was here

for the past two hearings that it was on

the agenda didn't get briefed but

generally that is a lot of time for

Snyder & Associates and john Larson and

I have respect for both of them they're

very successful in their businesses they

had eight months to prepare what you see

today I had 30 minutes to prepare

something in response

so I would just ask for more time before

it's approved I in and as I said the

last time the property line that runs

between Karen Armstrong and myself

everything north of that it has no

effect on me

none whatsoever and so I think that that

was approved before and I assume that

it's still approved I have no objection

to any of that I am only concerned about

that area that is directly east of my

property and how that affects my

property

did I stand on my five minutes I don't

know it's five questions thanks for your

consideration

is there anyone else who wants to speak

about this issue okay well close the

public hearing

yeah Oh rebuttal do you want to sorry

thank you

breck hope Snyder & Associates and we've

been working I've got four engineers are

engineers in our office has been working

on a very extensive swim model that's

associated with this we've worked with

city staff we've got two engineers down

there we've been working with probably

since December working through all these

questions and stuff so I mean this has

been looked at and double looked at we

would just assume because this delays a

lot of things some tree removal items we

had I mean we just assumed not delay it

any further if that if that a

consideration tonight so I mean we'd

like to to move on so we could get

additional items done construction plans

begins some grading operations and stuff

so could you speed erector I mean yes

I'm kind of kind of walk through that

net you hear all this

yeah I want to make sure you can hear

yeah all right

currently on insight part of our site

flows onto his site there's a swale that

comes down through here and a swale that

gums down through here

these pipes outlet here on the west side

and I'm not sure if the basins are built

will be a storm water detention basins

and kind of the metered flow there we

opened all of this up here and set the

road elevation at a moment please

that said at 106 106 what happens in

here is this water comes in it's not a

detention to retention it's in a sum so

when that water start building up it can

get into the intake faster this is a 42

inch pipe here this is a 24 and this

one's of 24 so what we did at this

location that you put a big 5x5 box is

open on all five all four sides 100-year

pipe out plus we set the run at an

elevation when this starts filling up

it'll go over the road before it flows

back onto that or wouldn't flow back on

it which is build up and go back on so I

mean we've looked at that in great

detail we've collected we've cut off the

water that used to flow toward him cut

it off here I put an intake in here put

100-year pipe once again along in here

and that would overflow down to our

street so we've eliminated a lot of flow

that used to go onto there that's not

going to flow in there plus we set this

at an elevation with the size of pipe to

lower flow and head to the pond fired

causing damage on the upstream property

so I'd say we've been working up a

couple of the development engineers

since December going through this so we

got a lot of review a lot of discussion

not great

where did this process go after we vote

on tonight staff

so they would finalize the documents in

accordance with the administrative

comments plus your action my

understanding is they would submit

construction drawings and grading plan

permit grading permit to begin moving

earth on the site and so this goes back

to the permit and development off well

they have to sign off on all those

comments yeah I don't think there's a

lot actually but they'll get the final

document and then they will also have to

review public improvement plans that

would actually go to I think they go to

City Council so the construction

contracts get so what we're up against

right now is the the bat habitat for

April 15th we can't go in here and do

tree removals after April 15th so if we

delay it two weeks or four weeks it's

just gonna it could delay the project

for a year there's migrating bats so we

have a couple projects like this around

Des Moines if the trees don't get

removed by the time their migration

pattern hits Des Moines then they gotta

be left for the for the duration of the

season and then before they yeah

questions other questions yes yes a

question it would it be appropriate for

Matt to ask a question or if he has one

of the engineer now okay come on

just put put the issue of the trees in

perspective there are no trees except

for well they're two trees but there's

only one that is in the area that I'm

talking about and I and I don't I don't

know if they're going to take the big

weeping willow tree down it's about a 75

year old tree it's a beautiful tree I

hope they're not taking that down but I

don't think that's the tree they're

talking about all those trees are to the

south of my property mmm

so the area that I'm talking about again

is just directly east of my property so

nothing to the north nothing to the

south concerns me with regards to the

runoff of water from the property I do

appreciate what they're talking about on

the south side of the property with

regard to how they're going to get that

water to run off it that doesn't mean

that much to me over there anything that

they do on the south side of the

property it's a forest reserve right now

it can only beautify the area but again

directly east of the property by the

pond that is that's the area that I'm

asking give me time allow me to have a

civil engineer come in and explain what

is going to happen and then that person

can tell me about 100-year flood data

whether that is correct or not I don't

know it basically everybody right now is

counting on 100-year flood data in a

model I don't know what any of that

means I'm so even based on his

explanation you're still you would still

like to have more time oh absolutely

okay I just wanted to clarify this yeah

I don't know how long it takes to to get

a civil engineer to be able to that that

I can hire to take a look at this but I

can't imagine that it's gonna be in less

than a month okay other questions okay

thank you yes ma'am thank you

well I'll close the public hearing and

time for discussion sure what can we do

to make everybody happy

I've got design expert down there what

can we do to make everybody happy my

opinion is that Snyder & Associates has

looked at it and city staff has looked

at it and what I see as the proposal

he's not worried about the Southside

he's worried about what comes off the

west through the two pipes and sides

sideswipes his property and heads off to

the east what Bret has told us is that

the the top level of the road that

they're proposing through there is below

the elevation of his property so to me

the water that's flowing from those two

pipes beside his property is going to

flow down to the sump through a box

culvert and if it gets too full it's

still gonna flow across the top of the

road so it's not going to affect his

property so in my opinion as a landscape

architect and not an engineer he's gonna

waste his money by hiring an engineer

but that's just me so I would say we

should pass it on but that's my opinion

that's a good opinion other other

thoughts perspectives

would you wanna make a mold you make

that as a motion Greg I move dad

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thank you I don't have a problem with

that I understand understanding that the

road is lower than mr. Murphy's property

word Brent go that true so that you got

a belt and suspenders approach to this

thing meaning say your 5 foot box gets

backed up the water is going over the

road

is that the way it happened that is

correct I always learned that as I

called it a free out so no matter what

the mechanical device is the pipes and

everything you put stuff in

you still need it's a stream and so you

don't want to impede the stream and so

that low point is lower than than a

floor elevation or whatever you don't

want to screw up and so it is so to me

we've provided the free out that that

allows it to flow away make sense to me

it seems to me there are more systems in

place with this plan to divert the water

away from his property than there are

currently so it seems like it would make

sense

other comments will we have motion on

the floor to approve staff all in favor

raise your right hand

opposed abstentions motion passes

so thank you I hope that we got some

questions answered yeah mr. Murphy will

be able to follow actions at City

Council that would be for the public

improvement plans

the final plat will be for the first

phase of this would go through the City

Council so if he wants to track it

through the process and we'll make

available anything in the record that's

submitted for review or approval

administrative Lea vailable to him if he

wants to take that to his you know

people that he wants to have a look at

it but so as this moves forward there's

still opportunity for him to in in weigh

in on the process I should say well I

imagine they're all talking they don't

seem to be at each other's throat and I

imagine that mr. Murphy could be invited

to Snyder to see the modeling yeah I

think he said that before

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I have I have one comment Eric on

section 8 of the staff report the last

paragraph it says on December 15 2020

the conditional zoning was repealed and

the existing zoning became effective

yeah that's probably a bad day 2019 yeah

I think so you can catch it and I have a

question for mr. Murphy do you have a

copy of the drawings that we were given

I emailed the PDF to him that's the I

think that's all he's talking about the

30 minute opportunity but if Brent Brent

submits the final four staff sign-off on

the staff comments I will make that

available to him as well so you have

there

okay a close the public hearing

do we have any committee ER directors

reports all right thank you a motion to

adjourn

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