Des Moines planning commission recommends denial of rezoning to allow tobacco store at 2006 Indianola Avenue

The Des Moines Planning and Zoning Commission recommended denial on June 4 of a rezoning request that would allow a tobacco store at 2006 Indianola Avenue, forwarding the advisory recommendation to the City Council after a split vote.

City staff presenter Bert told the commission that the property—currently operating as a retail use—had been classified by zoning enforcement as a tobacco store because more than 40% of its sales are tobacco-related, which triggered the need for rezoning from N5 (neighborhood) to MX1 (mixed-use) and an amendment to Plan DSM’s future land-use designation. “Our recommendation is ultimately going to be for denial just given the proximity of the houses immediately to the west and then to the south,” Bert said, citing the site’s small size and limited ability to provide buffering from nearby homes.

Applicant Suresh Kazmir, who identified himself as the business owner and tenant, told the commission he held a neighborhood meeting that drew about 18 attendees and said neighbors present at that meeting did not object to the business. Kazmir described security measures and strict ID checks intended to prevent sales to minors and said his shop opened in January; he also said he operates another smoke-shop location in Des Moines. “We discussed about our plans, and we share our operational security measures,” Kazmir said.

Commission discussion split along lines of neighborhood character and observed impacts. Some commissioners noted roughly six months of operation provided data on parking and traffic and said they had not heard strong neighborhood complaints, arguing that the corridor already contains businesses such as a bar nearby. Other commissioners said tobacco and alcohol-oriented uses can change the character of a primarily residential corridor and favored keeping a lighter commercial designation such as RX1 rather than allowing MX1.

A commissioner moved to approve the staff recommendation to deny the rezoning and forward that recommendation to the City Council. The motion passed on a 6-5 vote, according to the chair’s count; individual roll-call votes were not recorded into the public minutes during the meeting. The City Council will schedule a public hearing and make the final decision on the rezoning request.

The staff report noted one e-mail expressing concern and no public comment cards were submitted at the hearing. The record contains an apparent inconsistency in the property-owner name: the agenda lists the applicant as Monte Properties Inc., while staff referred to the owner as Monty Properties Incorporated; the record does not resolve the discrepancy. The commission clarified that even if the council approves a zoning change, the applicant would still need a conditional-use approval for a tobacco store.

The commission adjourned with no additional business.