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Des Moines › Aug 3, 2026 meeting › Item 60

The council approved design exceptions for a drive-through restaurant at 100 SW 11th Street, overturning the Plan and Zoning Commission, by a 6–1 vote.

Des Moines City Council · Aug 3, 2026 · Roll call 26-0930

Approved the 10 requested design exceptions (Alternative B), with findings that the lot’s shape and isolation make typical downtown designs challenging, and added them to the approved site plan. Moved by Simonson, seconded by Gatto. Passed 6–1; voting no: Rob X. Barron.

What this means (Rezoning): Zoning sets what can be built or done on each piece of land, such as homes, shops or industry.

How each member voted

OfficialSeatVote
Connie BoesenMayorYes
Carl VossAt-largeYes
Mike SimonsonAt-largeYes
Rob X. BarronWard 1No
Linda WestergaardWard 2Yes
Josh MandelbaumWard 3Yes
Joe GattoWard 4Yes

More from the record

Heart of America (developer, represented by an officer of the company, who told the commission he owns Hyper Energy Bar) asked to build a drive-through focused restaurant with car and bike parking, patios and shade structures on a vacant 2.1-acre lot at 100 SW 11th Street, next to Martin Luther King Jr. Parkway. The lot is remnant land owned by the City from building the parkway, and is zoned DX2 Downtown. The plan needs 10 exceptions to downtown design rules, including a 1-story building where 3 stories are required, a 140-foot setback where 0–5 feet is required, surface parking and a drive-through, both not allowed in DX2. City staff recommended approval. On June 18, 2026 the Plan and Zoning Commission’s motion to approve failed 5–5, with one member passing, and the developer appealed to the council. Resolution and P&Z report, roll call 26-0930 (saved copy)

The alternative

The resolution listed one other option, Alternative A: deny the design exceptions, which would have left the commission’s outcome in place and the lot undeveloped under this plan. One commissioner suggested at least removing the drive-through. Resolution 26-0930, Alternative A and P&Z minutes (saved copy)

Housing and neighborhood

Who
The area around SW 11th Street and Martin Luther King Jr. Parkway
How
A 2.1-acre vacant city-owned lot gets a 1-story drive-through restaurant with patios, instead of the 3-story minimum and street-front building downtown rules require
When
Construction date: Not in the record
Source
Resolution 26-0930 (saved copy)

Time and getting around

Who
Drivers, cyclists and people walking along the parkway
How
Drive-through (two lanes, per commission discussion) and surface parking. At the commission hearing, the city’s planning administrator said a sidewalk and bike trail would be added along the north side of the parkway, extending to about SW 14th Street. The developer said its traffic study showed cars should not stack up or block traffic at peak times; a speaker said the traffic study was not finalized and raised concerns about cars crossing bike lanes (claims made at the hearing).
When
Not in the record
Source
P&Z minutes in resolution 26-0930 (saved copy)

Rules and rights

Who
This site only
How
10 downtown design requirements in City Code Chapter 135 waived, including height, setbacks, window transparency, front entrance, surface parking and drive-through limits
When
Approved Aug 3, 2026
Source
Minutes, item 60 (saved copy)

Who gets a say

Who
Residents and the Plan and Zoning Commission
How
The commission heard the request on June 18, 2026 and its approval motion failed 5–5–1. Notice of the council hearing was published in the Des Moines Register. The council decided the appeal.
When
June 18 and Aug 3, 2026
Source
Resolution 26-0930 (saved copy)

From the official minutes summary: all seven members were present (roll call 26-0866) and only Nays are named, so the rest voted yes.

Source Agenda for the whole meeting, item 60 (saved copy) · Full minutes for the whole Aug 3, 2026 meeting, p. 11 (roll call 26-0930) (saved copy) · Resolution, staff report and P&Z minutes, roll call 26-0930 (saved copy)

What you can do

Have your say

Public comment: use the city’s Request to Speak form before 5 PM CT the day before a meeting.
Written comment: City Clerk, cityclerk@dmgov.org, (515) 283-4209. Mention roll call 26-0930.

Meetings page (saved copy) ·

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Contacts: City Council page (saved copy)

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6 · Sources

Corrections appear here as dated notes. Nothing is rewritten.