Planning, Programming & Zoning Commission - Regular Meeting

noon. It is 400 PM. I will call this meeting to order. Uh first up, I will entertain a motion to approve the September 9th, 2025 agenda. So moved. Euing. All right. Second, Shelberg. There's a motion, a second. Any discussion? All those in favor signify by saying I. I. Any opposed? Motion carries. Next up, uh go through the meeting minutes. Make sure you're uh on in attendance, all that stuff. Uh and when someone's comfortable, I'll entertain a motion to approve the minutes from August 12th, 2025.

So, this is do not. I make a motion that we approve the minutes as presented with the spelling changes if there are any spelling changes of people's names. Um, one was pointed out that um, Mr. Voit's name needs to be spelled correctly instead of the way it's spelled in the minutes. Is that the only name? Is that the only correction? Mine needs a little do, but Okay, let's get let's get these notes done. Yep. Uh Kristen K R I S T I N and Schaefer S C H A E F E R John will get that properly corrected.

Sounds good. Okay. Any other corrections? Was there a second to that? Yeah, first we got to have a second. So move, PO. All right, we got a motion and a second. Any discussion? All those in favor of approving the minutes with the corrections signify by saying I. I. I.

Any opposed. Motion carries. At this time, we'll uh allow anyone in the council chambers to come up and speak on any non-aggenda items. Um please keep your comments to five minutes or less and state your name and address. didn't go that last.

Hi, my name is Dan Alton with Waterfall Plaza LLC, 10 West 4th Street, Waterl, Iowa. Ah, so first of all, let me get my apologies out of the way. Um, I attended this meeting by Zoom last month uh because I was um unavailable to to be up here. Second apology, I guess I don't understand the proceedings all that well. I thought a tabled item would be back on the agenda today. So, I I was hoping to be able to kind of have an opportunity in person to present to the commission or at least uh report to the commission face to face, so to speak, and answer any questions that you guys might have. Um I'm not certain whether because it's not on the agenda whether you're precluded from asking me questions, but uh last month when when it was um almost on the verge of being voted on um when it got to that point, it seemed like there was very little if any uh discussion that was being had. So I figured I might as well fly up here um and attend the meeting in person, giving any commission members an opportunity to maybe ask further. Now, I also I guess have to figure out when you're putting it back on the table or on the agenda. Um I I didn't know that a topic that got tabled kind of got cast away for an indefinite period of time. So, I'll do my research in that. As far as the request for vacating of Cedar Street, um just so that you've heard it from me, my my understanding on the traffic flow and I've not conducted or had a traffic count done, but it's an extremely unused portion of street between Park and Fourth. the the parking issue that I have at River Plaza is such that the two parking um places that are there don't accommodate enough parking to be able to to to handle the square footage on the property, let alone any other people

that might be coming in from uh the community to park. Um the thought that that I had as as the property was being bought, negotiated, excuse me, through the transaction was that based upon um the revital revitalization of the property, meaning getting tenants in there that there would be a good opportunity for the street to be vacated. So please understand when when that application was put forth, it was with my understanding that there were really two options available to be able to have that street be vacated. One was to have a planning um what do you guys call it? A uh um development agreement.

A development thank you. A development agreement with the the city uh working through Mr. Anderson I guess and then um the other way was to strictly put the application forth in a a purchase a cash purchase. What I didn't fail to understand and if for no other reason than suggesting it to either Mr. Anderson and or you guys for people like myself who don't live here, who don't know this process all that well and how things work, it it may be nice if there was a more clear um instruction, if you will, that even though there are two options that the city and the commission, the commission, let's say, and the city is looking for that that agreement to be in place. Had I known that upfront, I might have taken a different tact on things. Um truly when when this was submitted to you guys, it was hey, the opportunity is there. The money's on the table. I this is the purpose that I I'd like to use for it. It it just all of a sudden got a little bit more complicated than it was initially presented to be. So for that, I apologize if I came to the commission without it being ready. Uh the the plan the plan for my end is pretty simple. That that area can be very easily turned into parking. planners put on the sides and yes, when it comes back on the agenda, I'll make certain that we have um some kind of a drawing for you guys to look at and discuss and what have you. But at the end of the day, in good faith, the plan is isn't going to change between today and the next day. It I I don't have, and pardon me, there's going to be a little bit of an attitude on my part. I don't have a plan of of coming into an agreement of spending5 to$15 million of renovation on the property. And and if if that is a requirement before that property can be vacated, then then I I humbly submit to you guys that you need to make that clear. I need to know in advance as somebody who makes

an investment. If the city and or the commission has a different agenda than what than what's laid out, no problem. As long as I know what the rules are, I I can play within them. But uh at the moment it feels like I'm not saying it is, but it feels like unless I'm ready to cough up a plan that's going to have multi-millions of dollars in development in place that pardon me, I'm making um an assumption that either the city and or the commission will table this thing indefinitely or put it up for a vote and go no because there's not enough millions of dollars on the table. The property is a beautiful property. I bought it for a reason. It's unique. It's quirky. It fits into the personality that I am. I'm not about to to add another 25 to 50 units of residential in downtown. I think you guys are inundated in the city of Wateroo, in my humble opinion, with development opportunities of of people converting these office places into uh into residential. I I hope you're going to have the absorption needed to fill those units when they finally come online, but I also know that that's been in place now for some of those buildings for years and years, and we still haven't seen some of those units. My request for that street is simply to be able to provide parking for my property. I can beautify it. I can put planters. It can be diagonal. It can be horizontal. It can be circular. It doesn't really matter. I just and I'm I'm saying this in quite cander. I don't know what's what the requirement is or what you guys are looking for. If if the commission's simply saying, "Hey, that's a street that we don't want to vacate, then okay, then we can we can go through that process." I thought the desire was there for the benefit of either the Courier building or myself. the courier people have decided that they don't have a desire for it to be vacated and take on

the responsibility of taxation and maintenance. I'm prepared to do that. I would uh sincerely ask um if there are any questions and I know it's informal, you're not going to be able to act on anything, but I I respect and value each of the commission members. I' I'd like to be able to answer any questions while I have the opportunity of being here. Thank you.

Thank you. Do any commissioners have questions for Mr. Alton? Uh, it the building itself is in fact historical and it there isn't a price on investing things to get a vacate done here. There's a lot of things going on downtown and I think good communication with staff and yourself will ultimately find a solution to this because if it takes getting more more parking to make that building thrive again, I I think that's a pretty easy thing to figure out. So, continue to work with staff and I think we will get something done.

Okay. I'm I'm available if any of the I I don't think there's any preclusion of any of the commission members from reaching out on their own for any questions. Um I do want to say we've made some not a lot but we've made some cosmetic improvement to the two monument signs that are there to be able to kind of improve it which have been looking ratty for years. There's a number of things in the in the in the structure of the building inside the mechanicals that we're trying to take care of and and get on top of. Um we are ready to uh we are ready to lease by phone numbers on um both those monument signs. So we are ready to consider talking to potential lees on some of that retail space. I'm fully aware that this is going to be a long-term project for myself and and and that's fine. Um for what it's worth, I know there are staff members here. I come in good faith. All I want to do is to be able to understand what the city needs or wants. As long as we have a clear line of communication, uh it's it's going to be I can either do it or I can't. Um to me, it's relatively simple. I I just need to be able to make certain that everyone's operating, if you will, and I'm not saying you're not with their agenda above board so that I know what I'm dealing with. Again, thank you. And you're welcome to reach out.

May I ask Thank you. May I ask something? Sorry, please. Um just all I'm aware of of the presentation is what's in the minutes. And it does say that it would um consider tableabling until further information regarding the vacate was collected. Are you aware of what information needs to be provided because I'm guessing that's probably why it wasn't on the next agenda or is that part of the communication you need? Do I need to identify myself again? No. Okay. Sorry guys. Again, I'm not being funny. I just want to make certain I understand the procedure. Uh no. I I I don't know what's needed. That's that's part and parcel of the problem

and and I I don't mind being very transparent. My ability to communicate with Mr. Anderson and getting answers has been relatively limited in in being able to have a I think a uh collaborative effort in understanding what the requirements are. One, I didn't know that that information was needed to the initial presentation. Second, now knowing that I didn't know what information or I still don't what information you guys need. The plat map I think I understand, right? It's a diagram. I I can hire somebody to put some lines on there and and and show where cars are going to be parked. I mean, that's relatively simple. I I really don't know what the commission can benefit from as if it's a traffic survey that needs to be done. I I mean, there's some there's some answers. Sorry, uh long-winded way. there there were some um requirements, if you will, as to why it was denied u from the different departments that I don't even know if if it makes legitimate sense. I mean, I'm not looking at at taking the fire hydrant out of there. Fire trucks can still be able to come on. Uh I have easements on the back of my property, so um the front, the back, the side is all full of easements anyhow. It's not like they're disappearing. Um yeah, you're picking up a lot of frustration on my end. and and um I apologize. It's uh um it's only because I don't like coming into a scenario where I don't really understand what everything is and what needs to be done. That's the only reason you're um getting this frustration.

I kind of get it. Uh people like seeing things done, especially when it involves a lot of money, right? Yep. Uh but just know that that that building is actually very well cherished by this city. I mean, it's got four of the six ladies from the the old Blackhawk County Courthouse on top of it. So, it's kind of very unique. Not that it it it pertains to this commission, but um for what it's worth, I I've actually contacted Upper Iowa College and a couple of the people in the arts commission in in trying to see if we can kind of reconstitute industry and peace. those are the two missing ones

back together with the goddesses that are up there. And so, um, again, my whole goal and agenda here, yes, it's an investment, but I I'm never uh thinking that it was going to turn into a jackpot overnight. I care about the building. I like the building. It It's one that I think the city ought to be proud of and and hopefully is and and I'd like to do whatever I can to try to maintain it. All I was asking for and am asking for is the understanding that um that there can be some benefit provided by that space on Cedar. All right. Thank you. Thank you very much. I I will do the best to urge staff to work with Mr. Alton to make sure that we get a solution.

And just Eric Schrader, city planner. Um I will have some conversations with Mr. Anderson and I I know that the applicant has had some conversations with the engineering department as well. So, we'll kind of see where that's at and hopefully it would be ready to come back next month then.

Very good. Thank you. Sorry for the delays. Um, are there any other oral presentations on non-aggenda items uh in the council chambers or on Zoom? Uh, I got one item. We've got a new commission member here, leazison from liaison from the community development board, Jessica Rucker. uh wave hi to the cameras and uh do you want to say anything about yourself a little bit briefly or um Jessica Rucker, director of Main Street Waterlue. I serve on the community development board and I've been asked to be a part of this commission um as part of that and and then my knowledge with the development in downtown as well.

All right, happy to be here. Thanks. Thank you and welcome aboard.

Welcome aboard. Um, next up we'll get into the new business here. The time is 4:15 p.m. and a hearing is scheduled at this time for a request by Pella Building Systems on behalf of BKKS Holdings for a site plan amendment to construct a storage facility in M2P Planned Industrial District located east of 155 Warp Drive, pages 9 through 18 in your packet. At this time, we should receive and place on file a statement of verification signed by Alyssa Little stating, "I, Alyssa Little, do hereby certify that a copy of the attached letter, aerial photo, and site plan was mailed to each individual on the attached list by regular mail on April 24th. Was it April 24th?

No. Um, it's August August 21st. August 21st, 2025. Could we have a motion to receive and place this notice on file? Second, Joelberg. Okay. Uh, we got a motion and a second. All those in favor of um receiving and placing this notice on file signify by saying I. I. I.

Any opposed? Motion carries. Uh let's go ahead and go into the let's see do we do the staff report?

Yep. Okay. This is tomorrow with staff. The applicants are requesting to construct a storage facility in the M2P plan industrial district located east of 155 Warp Drive. The request would not appear to have negative impact on the area. The the lots in immediate vicinity of the site in question are zoned M2P plan industrial district and would fit the industrial character of the area. The development would not appear to have negative impact on existing pedestrian and traffic conditions in the area. The site in question would be accessed from Warp Drive. The site is zoned M2P Plan Industrial District and has been and and has been since the adoption of ordinance 4077 on March 13, 1995 when it was reszoned from A1 Agricultural District. um north, east, south and west. All the lots in the immediate vicinity R zone M2P plan industrial district. The warehouses to the west of the site in question have been developed in uh 2023 and 2024 with the Waterl Regional Airport buildings to the east of the site in question built in 1993. Multiple lots to the west are currently vacant. The property is not located within a floodway and flood plane. According to the 2024 FEMA flood plane maps, there is a 8 in water man along Warp Drive and on the site in question. The future land use map designates this area as industrial. The request is in conformance with the future land use map and comprehensive plan for the area. The applicant is requesting a site plan amendment for the purpose of constructing a new storage facility in the M2P plan industrial district located east of 155 Warp Drive. The applicant has submitted a site plan. The site plan shows seven proposed buildings of 52,050 in total square footage to the south of the property and six future buildings. Uh to the north, a site plan meets all applicable setbacks and height

requirements. However, parking was not shown on the site plan. The area is designated for industrial on the future land use map. Similarly, the media vicinity is zoned M2P plan industrial district. Therefore, the request would not alter the essential character of the neighborhood. Um, there were no comments from the technical review committee. Um, therefore, staff recommends that the request by PAL building systems on behalf of BKKS Holdings for a site plan amendment to construct a storage facility in M2P plan industrial district located east of 155 Warp Drive be approved for the following reasons. It would appear the site plan amendment would not have a negative impact on the surrounding area. It would appear the site plan amendment would not have a negative impact on vehicular pedestrian traffic. The request would be in conformance with the future land use map and comprehensive plan for the area subject to the following conditions that the site plan meets all applicable city codes, regulations, etc. including but not limited to parking, landscaping, drainage, etc. Any questions for staff?

All right. Thank you. Um, for those of you who wish to speak for or against this request, we would ask that you please come to the microphone and identify yourself by name and address. The members of the commission should also identify themselves before speaking into the microphone. Uh, is there anyone that would like to speak on this agenda item? Uh, anyone on Zoom that would like to speak on this agenda item? Uh, I guess the commissioner likes to go here. The only thing I've noticed is that this is a it looks like a bit of a storage of some kind. Lots of garage doors. Anyway, it's not very high, so it shouldn't interfere with the airport. Um, if there is no one that wants to speak on this agenda item, I will entertain a motion to close the public hearing, I guess.

So, move. Second. do not. All those in favor of closing the hearing signify by saying I. I. I. Uh if anyone is comfortable with uh making a motion on the agenda item, I will entertain that. Sure. One question for staff first. Um I'm assuming we're making the condition for acceptance based on uh needing drainage. The site plan shown does not show drainage like a tension pond or anything. Um this is Shredder with staff. that would not be needed as a condition because this subdivision utilized um what you would generally refer to as regional detention. So there's planned detention right into the subdivision. So individual site does not need to build it. Perfect. Thank you.

Any other questions? Anybody? No. Okay. Um, I move um that the request by Pella Building Systems on behalf of BKKS Holdings for a site plan amendment to construct a storage facility in the M2P Plan Industrial District located east of 155 Warp Drive be approved for the following reasons. One, it would appear that the site plan amendment would not have a negative impact on the surrounding area. Two, it would appear the site plan amendment would not have a ne negative impact on vehicular and pedestrian traffic. Three, the request would be in conformance with future land use map and comprehensive plan for the area subject to the following conditions that the final site plan meet all applicable city codes, regulations, etc. including but not limited to parking, landscaping, drainage, etc.

Second, do not. All right, we got a motion and a second. Is there any discussion? All those in favor of approving the agenda item signify by saying I. I. I.

Any opposed? Motion carries. Uh, let's see here. Next up, we've got a request by ENA Properties LLC for an appeal of the city engineer to allow for automobiles to be parked in the cityowned rightaway of West 16th Street northeast of Jefferson Street in the M1 Light Industrial District, pages 19 through 25 in the packet. This door offer staff. The applicants requesting to allow parking in city rightaway of West 16th Street as part of construction of a commercial building not appear to have the request their request would not have a negative impact on the neighborhood. Other businesses along the streets in the area uh appear to utilize parking in the city right away and have for some time. The request would not appear to have a negative impact on traffic conditions in the area. 16th Street is only three blocks long and does not connect with either US 218 or crosses the Cedar River which limits the amount of through traffic. The lot in question is zoned M1 light industrial district and has been zoned as such since the adoption zoning ordinance in 1969. This roundedly land uses and their zoning as follows. To the north commercial zoned M1 light industrial district to the south Jeff Street and commercial zone M1 light industrial district. To the east is a mix of residential commercial zone M1 light industrial district and to the west is a mix of residential commercial zoned M1 light industrial district. Commercial development was built between 1948 and 1997. Residential development between 1906 and 1939. The applicants are requesting an appeal of the city engineer to permit parking in the city own rightway of West 16th Street, thereby providing additional vehicle parking for their new building adjacent to the request. City staff has developed a parking policy which um with six items to be examined when a request such as this is brought before the commission. Number one, a street upon

which the parking is proposed is not a major thoroughare but instead classified as a local street or limited in length for connectivity which 16 streets only three blocks long. There is sufficient rightaway for proper parking designs and pedestrian movements to continue to be accommodated if necessary. Um the approval of the request number three the approval of the request aids in the infield development and smart growth policies of city water. Four, the approval will not negatively impact assets access to any major infrastructure or utility needs in the area recognizing there may be utilities in many requests. So um number five, the requested area is properly hard surfaced, drained and graded to allow for smooth transition from road to parking and matches um or improves roadway service. Six, the request is compatible with design to other nearby developments in the area. It would appear that the request meets or will meet all six items of the parking um policy once constructed. Therefore, it should be recommended for approval. The rightaway West 16th Street is only is 65 ft long and the actual street appears to be about 21 ft wide. Um therefore, there should be plenty of room for the parking. The planning programming zone commission has recommended and the city council has approved other similar requests including one along West 9th Street, West Commercial on September 25th, 2017 and adjacent to 226 West 13th Street on December 19th, 2016. Um, the complete streets advisory committee voted recommend the sidewalk be installed on West 16th Street. A addition was going to be added um requiring the sidewalk be installed, but after discussing with tech and closer look at the street, which is narrower than some of the other streets that were required to have sidewalks in other parts of mentioned above, um a sidewalk would not work and so the condition was removed. Therefore, staff recommends to

the request by ENA properties LLC for an appeal to city engineered allow for automobiles to be parked in city- owned rightaway west of 16th Street northeast of Jefferson Street and the M1 light industrial district be approved for defined reasons. Street in question is a low traffic street with other businesses using the rightway for parking vehicles. Allowing parking would um appear to encourage infield development of small size lot that would be difficult to develop due to meeting normal parking standards. in three. The portion of West 16th Street is 65 ft wide um allowing for sufficient room to park vehicles um in the area requested without overhang um overhang of the street. Subject to the following conditions, the parking area would need to be graded, drained, and hard surfaced per section 10-25-2D of the zoning ordinance and meet specifications of the city engineer. The parking area would not block sidewalk or street system in the area. The parking area cannot interfere with the overhead power lines along West 16th Street.

Thank you. Is there anybody in the council chambers that would like to speak on this agenda item? Uh if so, please step up to the podium and state your name and address. Nick Brewer, 2920 MLAN Drive, uh representing the applicant here tonight. I'd like to thank you all for taking the time to review our agenda item. If you have any specific questions, uh please feel free to direct them to myself or the applicant. We'd be happy to answer. All right. Thank you. Do uh any commission members have questions for the applicant?

Um this is Duna. I had a a few questions I guess because I was taking notes when I was reading through the item. And so where the sidewalk is proposed to be put in in the development area, is a sidewalk actually needed? Like would a sidewalk be in place? Would that need to be in place because a pedestrian or somebody like myself would be needing that sidewalk to um travel to the development or the business that's going to be there. This is Shrader with staff. So there is existing sidewalk on Jefferson Street. There is no sidewalk on along 16th Street. uh in that block on either side of the street. Um with a few similar requests to this um as part of approval of of an agreement to allow parking within the right of way. um they have um required sidewalk and that's the complete streets reviewed this and was initially looking at requiring it here as well but then um it was later determined that a lot of those streets were on 80 foot wide total right ofway whereas this one's 60 or 60 something5 65 which is kind of an odd number but

so um if you look on page back

25 of your packet is the site plan. So you can see the proposed parking um would actually kind of split the property line. Part of it would be part of the parking stalls would be in the rightway and part of it would be on their private property um which would be right where a sidewalk would go. So, if we required sidewalk, uh it it would not be feasible to put in the um 90° parking spots. The only op other option then would be to probably do parallel parking stalls, which could work. It would significantly reduce the number of parking spaces you would be able to get. And then the other thing that was discussed is why the tech recommended to not move forward with the condition of requiring sidewalks. Since there is no other sidewalk in that section of West 16th Street, it wasn't anticipated to be a an area that would likely have sidewalk anytime in the near future.

Yeah, because I was thinking and I'm agreeing with what you're saying because I was thinking that this development was not proposed to be just anybody able to come into this development. It's an industrial development um as opposed to being as opposed to being a commercial development that people would uh patronize. People that would need sidewalks would not necessarily

I think the applicants could comment on that. I mean, it is a it it would be considered a commercial development. So, I I suppose in theory patrons could be coming here. They've got a couple of different buildings. So, you know, I don't know. I think this building is primarily planned for storage. So, I don't know if they're intending to have customers that would attend this site, but yeah, I was trying to get to it's acceptable not to have a sidewalk. And here's why it's acceptable not to have a sidewalk, but it will at least it does now and will continue to have the sidewalk along Jefferson Street.

Yeah. Uh, Commissioner Listico, uh, as an added bonus, I do see that this would generate an accessibility compliant parking spot, too. So, okay.

Um, and then I I was just going through some of the other ones. Um, you know, I is this development going to affect like the schools and the park um that are that are in the plan and we discussed the sidewalk. Um, this is Shraider with staff. There's no school or park in real close proximity here, so I would anticipate no impacts. Yeah. No, I was just looking at on page 21 where it talks about public spaces and schools and are are there any any easements needed?

I think we can talk about that as we go along.

Well, so this is right ofway and it's an agreement to allow parking in the right of way. So, it will remain as right of way, which is kind of like an easement. It's I mean actually city-owned right of way but so no we will not need any easements since we already own the property. It's right of way will continue to be we're just doing an agreement that would allow them to put parking on it but there is an overhead utility line there and a a power pole. So, the site plan they've shown on page 25, unless they're going to look at, you know, working with Mid America to relocate the power line or um put the power underground, they're probably going to have to modify that slight plan just a little bit.

Okay, I think my questions have been answered. Okay, thank you. Are there any other questions from commissioners? All right. Um I Yeah, I guess I do have one. I I don't remember why we tabled this or rejected it at the last meeting. This item. This one was Oh, this one. No, no, this was that was the table one from Mr. Alter out there in the council chamber in that comment. So, okay. Anything else? I will uh I will entertain a Mr. Chair. Yes. Yes, sir.

Thank you. Dave Bosen, council le on on the subject of the following conditions, a parking area needed to be graded, drained, and hard surface. I'm just wondering if we get a commitment that they're not going to come back to the board of adjustments and ask for a variance to the hard surface requirement. Said with staff, yeah, I would put that on the applicant to respond. I'm assuming you're proposing this to be concrete or asphalt. Yeah, we it'd be proposed to be hard surfaced, concrete or asphalt. Probably concrete. Thank you. Thank you.

Okay. Um, any other comments? I'll entertain a motion on the agenda item then. This is Shelberg. I'll make a motion that the request by ENA Properties LLC for an appeal of the city engineer to allow for automobiles to be parked in the city- owned right ofway west of 16th Street northeast of Jefferson Street. and then one light industrial district be approved with the following exceptions. One, the parking area would not need would need to be graded, drained, and hard surfaced per section 10252D of the zoning ordinance and meet specifications of the city engineer. Two, the parking area will not block the sidewalk or street system in that area. And three, the parking area cannot interfere with the overhead power lines along West 16th Street.

Second viewing. There is a motion and a second. Is there any discussion? All those in favor of approving the agenda item signify by saying I. I. Any opposed? Motion carries. Uh see here. Is there any other discussion? Hearing no further discussion, I'll entertain a motion to adjurnn. So moved. Shberg. Second viewing. All right. All those in favor signify by saying I. I. I. I. See you next month. Welcome to Jessica.