Plans to build a Hyper Energy Bar with a drive-thru in downtown Des Moines have hit a roadblock after the city’s Plan and Zoning Commission denied the proposal in a narrow vote.
First reported by the Register, the energy drink and coffee bar chain applied for a permit in August to construct a drive-thru and walk-up location at 100 SW 11th St. Hyper Energy Bar owner Chris Whalen said his company invested in traffic studies for the project while adding pedestrian-friendly features in hopes of meeting city code requirements.
Whalen ― whose family’s business, Heart of America Group, is planning a new headquarters in the East Village ― said he is appealing the commission’s decision to the Des Moines City Council.
The site plan for the 2-acre parcel presented to the commission June 18 calls for a one-story building with a 140-foot setback and a double drive-thru. It would require approval for 10 exceptions to the city zoning code, which requires buildings in the area to be a minimum of three stories tall while occupying most of the front property line along the facing street. It also prohibits drive-thrus.
Despite the plan receiving city staff’s support, the commission tied 5-5. Passage requires a majority vote.
Another commissioner cast a “pass” vote, which meant he neither approved nor disapproved. Three others were absent.
Even without the commission’s approval, Whalen told the Register July 1 he still would like to pursue the property.
The proposal to bring Hyper to downtown, the company’s most-requested area, was a year and a half in the making, he said, and he isn’t ready to give up yet.
“I respect the concerns of the commission, but a lot of people are in support of this,” he said.
Why did the commission deny plan for the downtown Hyper?
The commissioners who voted against the plan cited the drive-thru’s potential impacts to pedestrians and the city’s long-term vision for walkability in downtown.
The site is across Martin Luther King Jr. Parkway from Hubbell Realty Co.’s growing Gray’s Station urban neighborhood. Just north are popular downtown restaurants including Malo and Bubba.
But as the staff noted in its recommendation for approval, the property has some severe limitations. Remnant, city-owned land from the construction of the parkway, it “is irregularly shaped with a long and narrow overall orientation,” the planners wrote. “It is surrounded by roads and a railway, and cannot be assembled with other property. Its shape and isolation limit the options for development and make traditional urban formats typical of downtown challenging.”
They added, “The combination of the property’s shape and isolation by transportation corridors is highly unusual in the downtown, if not one-of-a-kind. Staff believes that the conditions specific to this site make compliance with the subject regulations impractical.”
Hyper’s proposal includes installing patio seating, bike racks and 1,200 feet of path along the front of the property to support downtown’s trail system and walkability efforts, said Nikki Neal, a civil engineer for the project.
Neal said Hyper is “primarily a drive-thru facility. That is their business, but the idea here is to promote that bike and pedestrian traffic. So that is what they’re truly encouraging here, but not stepping away from their core as a business.”
Addressing commissioners’ concerns about the traffic the drive-thru would generate, Whalen told them the plan is designed to prevent cars from piling up even during the busiest times of operation.
But Commissioner Laura Kessel said that, considering the limited availability of undeveloped property downtown, the parcel presents an opportunity for a development that is more in line with the city’s vision for the area.
“We could certainly be more creative about the use of this land if we tried a little harder,” Kessel said. “This also is on a really major pedestrian-bike future corridor… . So to make a very auto-dominated decision here is really compromising principles.”
Commissioner Johnny Alcivar, a former assistant planner for the city, said he appreciated Hyper’s effort to bring some activity to the area, but that he couldn’t support the project because it isn’t in line with downtown planning.
“When I used to work for the city, I think one of the first things I learned was that there are no drive-thrus allowed downtown,” Alcivar said. “It’s very surprising to see the recommendation for support of this, but I understand the site has a lot of issues.”
Commissioner Chris Draper, who cast the pass vote, told the Register that he generally believes permitting a drive-thru would be a step backwards for downtown’s walkability goals, but wanted to give it the benefit of a doubt, considering the irregularities of the property.
“We’ve invested a lot of time, effort and resources into making Des Moines more walkable,” Draper said. “When we look at where the growth of walkability… and these types of efforts are going to be next, I don’t think we should be putting drive-thrus in the middle of that.”
Commissioner who supports plan calls it ‘very pragmatic’
Among the five commissioners in support of the proposal, Andrew Lorentzen said “the perfect is the enemy of good” for the troublesome site, which hasn’t received any other development applications, according to the city permits website.
“I am in support of this not because I think it’s the best, but because I think it’s a very pragmatic kind of solution for a really challenging site and reflects market conditions and shows that we’re open to development,” Lorentzen said.
After the zoning meeting, Lorentzen told the Register he sent a letter to the city explaining his vote and why the council should support the project on appeal. Des Moines faces a potential $12 million budget deficit for fiscal year 2028, and Hyper’s proposal presents an opportunity for the city to collect nearly $550,000 from the land sale and return it to the city’s tax rolls, Lorentzen wrote.
“For me, the question is not whether every project perfectly reflects the ultimate urban vision,” Lorentzen wrote. “The question is whether a project contributes to a downtown where more people choose to live, spend money, and invest. On this particular site, I concluded that returning a difficult city-owned parcel to productive private use moves us closer to that goal.”
Will planned Dutch Bros location also be denied?
Hyper isn’t the only company proposing a drive-thru in the area. Dutch Bros Coffee has applied for a preliminary permit to build a 986-square-foot store on a parking lot bordered by SW Eighth and Ninth streets and Martin Luther King Jr. Parkway, roughly two blocks west of the proposed Hyper site.
Oregon-based Dutch Bros did not respond to requests for comment.
The site is subject to the same zoning, and Dutch Bros is also the only recent investment proposed there, according to the city’s permit website. Should Dutch Bros pursue the property, the chain will need approval from the commission to waive the area’s zoning restrictions on drive-thrus and setbacks, according to the project’s preapplication minutes.
Draper said he is leaning against the proposal. “Unless there is a really good reason that is bigger than ‘Hey, these are the only ones willing to buy this land right now,’ I am not sure I would be voting in favor of that,” he said.
Kate Kealey is a general assignment reporter for the Des Moines Register. Reach her at kkealey@registermedia.com or follow her on X at @Kkealey17.
This article originally appeared on Des Moines Register: Exclusive: Hyper Energy Bar denied downtown Des Moines permit
Reporting by Kate Kealey, Des Moines Register / Des Moines Register
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By Kate Kealey, Des Moines Register | USA TODAY Network
