Planning commission backs recommendation to vacate small strips of right-of-way so Woodland Realm can secure garden

The Des Moines Plan and Zoning Commission on Aug. 15 voted to recommend that the city convey narrow strips of public right-of-way adjoining 601 24th Street and 602 23rd Street to the Woodland Realm community garden, a move supporters said would preserve a neighborhood asset and give the garden owner certainty to invest in fencing and maintenance.

City planner Catherine Drahas told commissioners staff recommended denial of the vacation because the city seeks a consistent right-of-way along High Street to preserve options for utilities and future street improvements. Drahas said the alternative is a right-of-way license — a short-term, renegotiable agreement that staff and traffic engineering typically issue for uses that temporarily occupy the right-of-way. "The rationale that staff has for recommending denial at this time" was that a license preserves public use while allowing current garden activities, she said.

Applicant Ryan Francois of RallyCat Properties, who operates the Woodland Realm, said the garden has been open to the public since 2020 and that conveyance of a 6–8 foot strip on the frontage is necessary to avoid removing productive garden areas and to allow construction of a code-compliant fence. "This area eliminates 25% of the viable space that we have to garden on," Francois said, describing prior compliance steps (a shed and other improvements) and estimated costs, including about $6,000 for a shed and several thousand dollars for fencing materials.

Neighbors and neighborhood organizations gave extensive public comment in support. Annie Salgado told commissioners Francois has made "good faith efforts" to comply with city requirements and that denying the vacation would force the garden to shut down for months. Marshall James, president of the North of Grand Neighborhood Association, said the garden is a community asset used by families and children. Several speakers cited the city’s Adapt DSM/Plan DSM goals for expanding local food production.

One neighborhood resident, Robert Hanson, opposed vacating the strips, citing parking and sight-line concerns at the intersection of High Street and 24th Street and urging caution about a fence close to the sidewalk. Francois and staff both said the proposed fence would be open and under the three-foot height required for front-yard fences and that corners could be angled to preserve sight triangles.

Commissioners who supported approval cited two main points: the disproportionate economic risk of asking a small community operation to accept only short-term licensing, and the availability of an easement to preserve city interests if utilities or a future project need access. Commissioner (speaker 10) said a vacation with an easement would provide the applicant long-term certainty while protecting the city's ability to use the corridor if needed.

The motion to approve the vacation recommendation carried; the Commission’s vote directs the matter to City Council for final action. The recommendation includes retaining easements for utilities until such time those utilities are removed or relocated. The item now moves to City Council for final decision.