Planning commission approves rezoning for 12-acre senior housing site with 55+ restriction, larger setback and doubled landscaping

The Des Moines Planning and Zoning Commission on July 16 recommended approval of a rezoning that would allow Nelson Construction to develop a five‑story senior living apartment building and future residential development on approximately 12.5 acres near 1310 East Deal Avenue.

Staff planner Sriyoshi Chakraborty told the commission the site—now a mix of low-density residential and community mixed-use—could support a high-density residential use in the requested NX3 district and that staff recommended approval. The presentation noted the site’s environmental history: earlier industrial operations and cleanup work in the 1990s, confirmation from the Iowa DNR that they are not actively monitoring the site, and the applicant’s submission of a Phase I environmental assessment. Staff emphasized that additional remediation could be required if contamination is found during construction.

Developer Alexander Gugurich of Nelson Construction said the company is pursuing low-income housing tax credits and volunteered several conditions to address neighborhood concerns, including an age restriction for LIHTC projects. "We are more than happy to have that condition applied to every any and any low income housing tax credit project on the site to be age restricted," he said, and offered to increase the south-side setback from five to 20 feet and double the planting material for buffering.

Neighborhood speakers and local school staff voiced strong concerns during a lengthy public-comment period. Michelle Olberocelli, speaking for a neighborhood task force, recounted historical contamination reports and urged a fuller environmental record, noting the task force had submitted documents and that an EPA Region 7 Freedom of Information Act request was pending. Amy Seymour, a Des Moines Public Schools paraeducator, asked whether a school-impact analysis and pedestrian-safety study had been completed for Lovejoy Elementary, which sits adjacent to the site. Residents cited traffic volumes, emergency access, parking, and loss of neighborhood character as specific issues to be addressed before development proceeds.

Nelson’s civil engineer and representatives replied that the project would provide connectivity (including an initial Porter Avenue extension in phase 1), that the location offers transit and nearby amenities beneficial to seniors, and that lenders and tax-credit underwriters will require environmental remediation and documentation before financing. Eric Cannon of Snyder & Associates said the project would phase development and that bringing the site into active, regulated use would mitigate illegal dumping and other current site problems.

After deliberation, Commissioner (Speaker 18) moved to approve the rezoning subject to three conditions recorded on the public record: (1) define multifamily (duplex and above) uses on the site as age-restricted at 55+, applying to LIHTC and market-rate multifamily, (2) require a 20-foot setback along the south side of the property adjacent to Deal Avenue, and (3) double the medium-buffer planting requirements from current code. The commission approved the motion by voice/hand vote.

The commission’s approval is advisory; council action is required for final rezoning and PlanDSM map changes. The record shows substantial neighborhood concern about the site’s environmental history and requests for further Phase II groundwater/soil analysis and school/traffic studies. City staff and commissioners noted that environmental remediation requirements and tax-credit underwriting will add oversight and that detailed infrastructure and traffic analysis will be part of future site-plan reviews.

Next steps: The rezoning recommendation will move to City Council. If council approves, subsequent site-plan, engineering and environmental reviews will occur before building permits are issued.