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Date
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January 28, 2008
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Agenda
Item No. 58 Roll
Call No. 08- Communication No. 08-036 Submitted by: Richard A. Clark, City Manager |
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AGENDA HEADING:
Communication regarding
the Land Use Plans for the Sherman Hill Neighborhood in the vicinity of the
Kingsway Cathedral.
SYNOPSIS:
On December 17,
2007, the City Council set a public hearing for March 24, 2008, regarding
appeals of the denial of Certificates of Appropriateness for demolition of the
Kingsway Cathedral at
This action
approves the report and directs the City Manager to proceed with implementation
of the recommended actions outlined below:
- The existing 2020 Community
Character Plan Land Use Map and zoning designations are currently
appropriate for the area as they are consistent with the existing Sherman
Hill Neighborhood Plan.
- The Sherman Hill Neighborhood
Association is currently preparing an update to their neighborhood
plan. Any future changes to the
Land Use Map or Zoning for the subject area must be evaluated in context
of the updated Sherman Hill Neighborhood Plan and should include a clearly
defined development proposal.
- The existing Sherman Hill National
and Local Historic District Boundaries are consistent with the existing
Sherman Hill Neighborhood plan and should not be amended unless such
amendments are found in conformance with the updated Sherman Hill
Neighborhood Plan.
- The area north of
- Any exterior alteration or
demolition and redevelopment of the Kingsway Cathedral at 901 19th
Street and a two-story brick building at 900 18th Street is
currently subject to approval of a Certificate of Appropriateness by the
Historic Preservation Commission (or City Council on appeal) and a
Neighborhood Pedestrian Commercial District Site Plan review by the Plan
and Zoning Commission. The Historic
Preservation Commission has repeatedly requested that representatives of
the owner of the Kingsway Cathedral and the two-story brick building
provide a redevelopment plan and/or salvage plan for public review during
any consideration of a certificate of appropriateness to demolish the
structures. The owner’s
representatives have declined to provide such a plan. The City Manager shall formally request
that the applicant provide evidence of redevelopment and salvage plans for
the subject properties no later than March 3, 2008, for the Council’s review
at the public hearing on March 24, 2008.
- All uses permitted in the “NPC,”
Neighborhood Pedestrian Commercial District, including gas stations
designed to permit 6 or fewer vehicles to be fueled at one time and any
multi-family residential, boarding house, or rooming house proposed in a
“R-3” Multiple-Family Residential District are subject to a Site Plan
review by the Plan and Zoning Commission.
Staff recommendations to the Plan and Zoning Commission regarding any
proposed re-use or redevelopment of properties within the subject area will
contain specific documentation of the project’s compliance or
non-compliance with Section 82-213 (Site Plan Design Standards), Section 82-214
(Design Guidelines for NPC Districts), and/or Section 82-214.05 (Design
Guidelines for multiple-family residential, boardinghouses and
roominghouses) of the City Code.
Further, all staff recommendations to the Historic Preservation
Commission regarding a proposed reuse or redevelopment of properties in
the area will contain specific documentation of the project’s compliance
or non-compliance with the Architectural
Guidelines for Building Rehabilitation or New Construction in Des Moines’
Historic Districts.
- Although vehicular access is
prohibited on the north, east, and west frontages of the area north of
Cottage Grove, south of Interstate 235 and between the two-way pair of
M.L. King Jr. Parkway, staff believes that the size and configuration of
this property may be suitable for future redevelopment. Subject to any state or federal
disposition regulations, staff believes that any future disposition of
this property should be subject to a RFP process in accordance with
specific design standards and use limitations that reflect the “NPC”
character of the adjoining business district and historic neighborhood.
- The remaining area south of
FISCAL IMPACT: NONE
ADDITIONAL INFORMATION:
The area evaluated by staff is generally
bounded by Interstate 235 on the north,
2020 Community
Character Plan
The
Mixed-Use and Density Residential: Areas
developed with a mix of densities and some limited retail and office. Encourages mix of single-family, duplex,
small multi-family as well as developments over 17 units per net acre.
Public Park/Open Space
Sherman Hill
Neighborhood Plan
The Mixed Use
and Density Residential future land use designation is clarified in the Sherman
Hill Neighborhood Action Plan adopted by the City Council, and defines it as a
classification for those neighborhoods and residential corridors that combine a
variety of residential densities with limited retail and office uses.
The Sherman Hill
Neighborhood Action Plan identified the following primary future land use
policies applicable to this area:
“After
completion of improvements to
“After the
improvement projects on
The Sherman Hill
Neighborhood Action Plan also identified four rezonings that would be
consistent with the implementation of the future land use plan for the Sherman
Hill Neighborhood applicable to this area:
1.
The
Cottage Grove Business District from C-2 to NPC upon completion of Martin
Luther King Jr. Parkway Interchange.
This rezoning has been completed.
2.
The
areas along
The C-2 area was rezoned to NPC and R-HD.
3.
The
areas generally North of Crocker Street that are currently R-3 and R-4 to R-HD.
There are no remaining R-4 zoning districts in this area but there are two
small areas of R-3 zoning existing north of
4.
The
areas generally bounded by Crocker Street, 19th Street, Center
Street, and Martin Luther King Jr. Parkway from R-3 to R-HD.
There is one remaining R-3 zoned area. However, in the time since the
adoption of the Sherman Hill Neighborhood Plan, the City also implemented a
multi-family site plan review process.
Any new multi-family development in these R-3 areas would be subject to
P&Z review. Part of the design
review would be a comparison of the project to the Architectural Guidelines for
Of additional
significance to this area is the fact that the eastern edge of the subject area
is within the Sherman Hill Local Historic District. Specifically the Kingsway Cathedral property
located at
Zoning
The area is
primarily zoned “NPC” Neighborhood Pedestrian Commercial District with portions
of the Kingsway Cathedral property zoned “R-3” Multiple-Family Residential
District. Any development within an NPC
zoned area would be subject to NPC site plan review and approval by the Plan
and Zoning Commission. Any new
multi-family development in these R-3 areas would be subject to a multi-family
site plan review and approval by the Plan and Zoning Commission. Part of the design review would be a
comparison of the project to the Architectural Guidelines for
Section 82-213
of the City Code provides design standards for all site plans as follows:
“The design regulations
provided in this section are necessary to ensure the orderly and harmonious
development of property in such manner as will safeguard the public's health,
safety and general welfare and to ensure that the future development of
property in the city will not be foreclosed by such development. The decision to approve, approve subject to
conditions or disapprove a proposed site plan shall be based upon the
conformance of the site plan with the following design regulations
(1) The design
of the proposed development shall make adequate provisions for surface and
subsurface drainage, including submittal of a Stormwater Runoff Control Plan in
compliance with section 106-136 of the municipal code, for connections to water
and sanitary sewer lines, each so designed as to neither overload nor to
substantially decrease the capacity of existing public utility lines in a
fashion that will serve to inhibit or preclude the planned future development
of other property within the city and so as not to increase the danger of
erosion, flooding, landslide, or other endangerment of adjoining or surrounding
property. The city's comprehensive plan shall be the principal guide in
determining the prospective use and population density of other properties.
However, the factors to be considered in arriving at conclusions on standards
of design shall include those set forth in subsection 82-206(b)(2) of this
article.
(2) The
proposed development shall be designed and located within the property in such
manner as not to unduly diminish or impair the use and enjoyment of adjoining
property and to this end shall minimize the adverse effects on such adjoining
properties from automobile headlights, illumination of required perimeter
yards, refuse containers, and impairment of light and air. For purposes of this
subsection, the term "use and enjoyment of adjoining property" shall
mean the use and enjoyment presently being made of such adjoining property,
unless such property is vacant. If vacant, the term "use and enjoyment of
adjoining property" shall mean those uses permitted under the zoning
district in which such adjoining property is located.
(3) The
proposed development shall have such entrances and exits upon adjacent streets
and such internal traffic circulation patterns as will not unduly increase
congestion on adjacent or surrounding public streets and in a manner which will
conform to the proposed future circulation of traffic throughout the city and
provide for adequate fire protection access.
(4) To such
end as may be necessary and proper to accomplish the standards in subsections
(1), (2), and (3) of this section, the proposed development shall provide
water, sewer, stormwater, street, erosion control or other improvements.
(5) All
electrical, telephone, and cable television transmission systems shall be
placed underground whenever reasonably practicable.
(6) The
proposed development shall conform to all applicable provisions of state law
and all applicable sections of this Code.
(7) If the
private property is connected to the existing skywalk system, as shown on the
official skywalk map, or the applicant intends to connect to the planned
skywalk system, as shown on the skywalk system plan map, the proposed
development shall have such connections to the existing and planned skywalk
system and such internal skywalk system pattern as will best permit the optimal
expansion of the skywalk system to serve the greatest number of properties
possible and best provide for the expected skywalk system traffic through the
property. If the private property is not connected to the existing skywalk
system, as shown on the official skywalk map, and the applicant does not intend
to connect to the planned skywalk system, as shown on the skywalk system plan
map, this design standard shall not apply to the proposed site plan.
(8) The
proposed development shall provide landscaping, including plantings fences and
screening in accordance with the landscape standards in the adopted site plan
policies.
(9) The
stormwater runoff control facilities installed in compliance with the
Stormwater Runoff Control Plan shall be maintained in compliance with section
106-136 of the municipal code.”
Section 82-214
of the City Code provides design guidelines for development in NPC Districts as
follows:
(a) In acting
upon any site plan application for property located within an NPC neighborhood
pedestrian commercial district, the plan and zoning commission shall apply the
design regulations in section 82-213 of this article and the design guidelines
in this section developed for the purpose of preserving the community character
of the commercial corridor within the district. The design guidelines express
the predominant character giving features along the commercial corridor. The
commission may approve a site plan that does not comply with the design
guidelines if it finds the overall development is in harmony with the
commercial corridor, that the failure to comply with the design guidelines does
not negatively impact the character of surrounding properties, and that the
failure to comply with the design guidelines is due to the following:
(1) An unusual
lot shape, size, topography or double frontage. A lot over one acre in size
shall always be considered to be of unusual size;
(2) A need to
facilitate a smooth transition between existing developments in the vicinity;
(3) A need to
accommodate existing development;
(4) A need to
preserve an existing building; or
(5) A use with
unique design requirements.
(b) The
additional design guidelines applicable to any development within an NPC
district are as follows:
(1) Buildings
should frame the street and maintain a minimal setback from the street.(2) The front facade of the first floor of
the building on the primary commercial street should have a ratio of at least
40 percent window and window display area to total street facade.
(3) The front
entrance should be oriented to the street. On a corner lot, the building should
have a well-defined entrance on the primary commercial street.
(4) Materials
should be brick, stone, tile, stucco, or horizontal wood clapboard with a maximum
width of six inches. Two-story buildings are encouraged.
(5) Commercial
buildings with over 50 feet of building frontage should have the appearance of
being broken into separate bays of between 20 to 35 lineal feet using
structural elements, fenestration patterns, protruding or recessed bays, or
architectural details.
(6) Building
frontage should occupy at least 50 percent of the primary street frontage.
(7) Off-street
loading and parking spaces should be provided in compliance with sections
134-1376 and 134-1377 of the zoning chapter, subject to the following
modifications:
a. The
minimum number of off-street parking spaces is 60 percent of the number of
spaces otherwise required by subsection 134-1377(a).
b. Parking
should not exceed the amount otherwise required by section 134-1377 of this
Code.
c. Parking
should not use the front yard but should be concentrated along the side and in
back of the building in the predominant pattern of character defining
buildings.
d. Shared
parking among businesses or between business and residential projects will be
allowed, provided a shared parking plan is presented at the time of
application, signed by the property owners, ensuring nonduplication of parking.
The shared parking must be within 300 feet of the business or dwelling.
e. On-street
parking directly adjacent to the occupant frontage shall count toward the
minimum off-street parking requirement. Elimination of such on-street parking
by the city shall have no effect on an approved site plan.
f. Tandem
parking spaces shall count toward the minimum off-street parking requirement if
a parking plan demonstrates that the parking will be for employees and will be
occupied for over four hours between changes.
g. An
emphasis of trees, shrubs and other plantings should be placed around the
perimeter of any parking area and within large parking lots to create a more
attractive area. The landscape plan should generally enhance the visual
appearance of the building, parking area and any pedestrian areas.
(8) The
following bulk regulations should be observed:
a. Minimum
lot area:
1. Single-family
detached dwelling, 5,000 square feet.
2. Single-family
semidetached dwelling, 3,000 square feet.
3. Two-family
dwelling, 6,000 square feet.
4. Multiple
dwelling, 10,000 square feet.
5. Mixed-use
project, 10,000 square feet.
6. Shelter
for the homeless, 8,000 square feet.
7. No
minimum requirement for permitted nonresidential uses.
b. Minimum
lot area per dwelling unit:
1. Row and
multiple dwellings, 2,000 square feet.
2. Shelter
for the homeless, 300 square feet of lot size for each resident.
c. Front
yard: minimum of zero feet.
d. Side
yards: minimum of zero feet.
e. Rear
yard: None required, except when adjoining any R or C-0 district or portion of
a PUD designated for residential use, in which case ten feet.
f. Height:
minimum of 15 feet, maximum of 45 feet.
g. Number
of stories:
1. Residential
uses, a maximum of four stories.
2. All
other permitted uses, a maximum of two stories.
(9) Signs
which are attached or projecting from the building and designed for the
character of the building are preferred. Monument signs are allowed.
(10) Any
extension of parking into an adjoining residential district shall support the
intent of the NPC neighborhood pedestrian commercial district and conform to
the guidelines in this section.”
Section
82-214.05 provides design guidelines for multiple-family residential,
boardinghouses, and roominghouses as follows:
“In acting upon any site
plan application which includes a multiple family dwelling, boardinghouse or
roominghouse, the plan and zoning commission shall apply the design regulations
in section 82-213 and the additional design guidelines set forth below. The
decision to approve, approve subject to conditions or disapprove a proposed
site plan shall be based upon the conformance of the site plan with such design
regulations and the following guidelines.
1) Architectural
character. New developments and
alterations to existing development in or adjacent to existing developed areas
shall be compatible with the existing architectural character of such areas by
using a compatible design. Compatibility
may be achieved through techniques such as the repetition of roof lines, the
use of similar proportions in building mass and outdoor spaces, similar relationships
to the street, similar window and door patterns, and/or the use of building
materials that have color shades and textures similar to those existing in the
immediate area of the proposed development.
Brick and stone masonry shall be considered compatible with wood framing
and other materials.
2) Building
height and mass. Buildings shall be
either similar in size and height, or if larger, shall be articulated, setback
or subdivided into massing that is proportional to the mass and scale of other
structures on the same block and adjoining blocks. Articulation may be achieved through
variation of roof lines, setbacks, patterns of door and window placement, and
the use of characteristic entry features.
To the maximum extent feasible, the height, setback and width of new
buildings and alterations to existing buildings should be similar to those of
existing buildings on the same block.
Taller buildings or portions of buildings should be located interior to
the site. Buildings at the ends of
blocks should be of similar height to buildings on the adjoining blocks.
3) Building
orientation. To the maximum extent
feasible, primary facades and entries shall face the adjacent public
street. A main entrance should face a
connecting walkway with a direct pedestrian connection to the public street
without requiring all pedestrians to walk through parking lots or across
driveways.
4) Garage
access/location. If the prominent
character of garage access and/or location is located to the rear of the
properties in the surrounding neighborhood, then new construction should be
compatible with such character.
5) Rooftop/second
story additions. A rooftop or second
floor addition, including but not limited to stairs and emergency egress,
should not overhand the front or side walls of the existing building.
6) Emergency
egress. All stairs and means of
emergency egress extending more than 15 feet above grade and visible from the
adjoining street should be completely enclosed with materials compatible in
color and texture with the balance of the building.
7) Parking. Parking lots containing more than eight
parking spaces should comply with the adopted landscape standards applicable to
commercial development in the C-1 district.”
Disposition Policies
The areas of
excess right-of-way described above are under City ownership. Due to the federal and state funding that was
used to acquire the right-of-way, the City will be required to comply with all
federal and state requirements for disposition of any excess MLK or I-235 project
right-of-way for redevelopment of the land with non-public uses. These requirements include a notice to the
original property owner giving them a 60-day option to purchase back excess
land, if it was acquired by condemnation.
Several parcels located between
Federal
regulations also require the City to deposit the proceeds from the sale any
excess MLK or I-235 right-of-way into the City’s Fed Title 23 account to be
used on other federal title 23 eligible projects.
In any event, staff
does not recommend conveyance of any excess MLK or I-235 project right-of-way
or other publicly owned land in this area to a private party without a clearly
defined development proposal.
PREVIOUS COUNCIL ACTION(S):
Date: December 17, 2007.
Roll Call Number: 07-2375 and 07-2376.
(A) Kingsway
Cathedral,
(B) Two-story
brick building,
Date: January 22, 2007.
Roll Call Number: 07-126.
Action: Regarding
land use plans for area bounded by Interstate 235 on the north, Crocker Street
on the south, 18th Street on the east and the two-way pair of M.L.
King Parkway on the west and recommending a process for consideration of future
development in the area. (Council
Communication No. 07-035)
Moved by Hensley to refer to the City Manager to incorporate the
BOARD/COMMISSION ACTION(S):
Date: November 28, 2007.
Case Numbers: 20-2008-5.22 and 20-2008-5.23
Action: The Historic Preservation Commission denied requests
for a Certificates of Appropriateness for the demolition of the Kingsway
Cathedral building at
ANTICIPATED ACTIONS AND FUTURE COMMITMENTS:
Hearings on the
appeals of the decisions of the Historic Preservation Commission.