Planning, Programming & Zoning Commission - Regular Meeting

this planning, programming, and zoning commission meeting to order. Uh, first up, I need an approval of the April 14th, 2026 agenda. Uh, we should be able to combine items B1 and C1. Um, Commissioner Dun moves to approve with the proposed amendments of combining uh items B1 and C1. Commissioner do not. Yes. Do not. Second. Shelberg. All right. There's a motion and a second. Any discussion? Hearing none. All those in favor of approving the agenda signify by saying I. I. I. I opposed.

Motion carries. Next up, uh, go ahead and go over the minutes real quick and when somebody's comfortable on that, I'll entertain a motion to approve the minutes of the regular meeting on March 10th, 2026. So moved to Shelberg. Second, Paul. Thank you. Um, all those in favor of approving the minutes of the regular meeting on March 10th, 2026, signify by saying I. I. I.

Any opposed? Motion carries. Next up, I will uh allow people to speak on non-aggenda items. Um if you wish to speak on a non-aggenda item, please come up to the podium, state your name and address, and uh try to be less than five minutes. We got a quiet bunch today. Anyone on Zoom that has a non-aggenda item to speak on? We got those covered. All right, new business. First up, we've got a request by uh I'm just going to double check we don't have to do any place this um I didn't think so. Okay, we got a request by Ryan Myers for an encroachment agreement to allow for the replacement of an existing fence in the Green Hill Road right away in the R21 and2 family residence district located in the rear of 343 to 349 Norris Court, pages 16 through 23 in your packet. This is Tamala with staff. Um the request would not appear to have a negative impact on the surrounding area as a fence um soundwall currently exist including on the adjacent properties. The request would not appear to have negative impact upon vehicular pedestrian traffic conditions in the area. The abuing lots are zoned R2 one and two family residence district and have been such since 1983. um and the surrounding land uses and zoning are um to the northeast, south, and west zoned R2 with single family homes with D and with single family homes with duplexes to the northeast east of Green Hill Road off of Valley Drive. The encroachment area is not in a flood flood hazard area. Um there is a 8oot utility easement along the rear property lines. Uh the encroachment area is east of the

easement and the fence will not encroach into the easement. Um the applicant is planning to replace the existing fence which is a sound wall which was built as a soundwall since it is old and short. The new fence is approximately 6 foot tall and will be placed in the exact location as the existing fence. Building noted that a permit would be a fence permit would be required as it is 6t tall. um and engineering express that the applicant should be aware that there are utilities um in the proposed path. Um therefore staff recommends that the request by Ryan Myers for an encroaching agreement to allow for the replacement of an existing fence soundwall in the Green Hill Road right ofway in the R212 family residence district located in the rear of 343 to 349 Norris Court be approved for the following reasons. The encroachment agreement would not appear to have a negative impact on the area. The encroachment agreement will would not appear to have a negative impact on vehicular and pedestrian traffic in the area and the encroachment agreement is in compliance with the comprehensive plan and future land use map for the area subject to the following conditions. A fully signed and executed encroachment agreement.

Thank you. Are there any questions from the commission for staff? This is Commissioner Schoberg. Uh, did the city build the soundwall originally or was this done privately? This is Anderson with staff. So, the soundwall Oh, I'm loud. The soundwall was built as part of the uh interstate substitution program of Green Hill Road. So, it was a use of uh federal funds. Um, so it was either the state either the DOT or the city built it as part of the project. Okay. This is Voit. So, basically they're just rebuilding what's already there. They're rebuilding it, but it's going to be taller. Um, and it'll just be a regular fence, right? Not a full sound wall.

What's a regular fence? Wood. I mean, wood. Yeah. Like if you see the sound wall, it's the bigger fence and all that. And it does the kind of the in-n-outs and all that. Okay. I imagine it was a smaller soundwall in this area because there was no houses there. So, of course, the sound would be from the roadway and dissipitated back further to where the houses were further back. So it wouldn't have been requiring a large one at the time.

Commissioner Lico, I remember a meeting a couple years back where a house maybe a block up, they had they were newer, so they got a fence that was put in because uh that house wasn't there when the DOT and this whole greenhole road project was built. So, it's quite common to have this. Any uh other questions for staff? Is the applicant here? Um hi. I do do we have any questions for the applicant? I think you're good. All right. Um, with that, I think we don't have a public hearing on it, so we can go ahead and uh probably make a motion on this agenda item. This is Commissioner Schaefer with a motion to recommend approval of the request by Ryan Meyers for an encroachment agreement to allow for the replacement of an existing fence soundwall in the Green Hill Road right ofway in the R21 and two family residence district located in the rear of 343 to 349 Norris Court be approved but subject to a fully signed and executed encroachment agreement.

Commissioner do not second. Thank you. There is a motion and a second. Is there any discussion hearing? None. All those in favor of approving the agenda item signify by saying I. I. I. I opposed.

Motion carries. Next up, we've got a request by Martin Flats LLC for an encroachment agreement to allow for four bike racks on city-owned property in the C3 Central Business District located adjacent to 321 East Fourth Street on the sidewalk of East 4th Street. Pages 24 through 31 in your packet. This is Tamala with staff. The request will not appear to have a negative impact on the surrounding area as it will not detract from the downtown character. The request will not appear to have a negative impact on vehicular pedestrian traffic conditions the area as well as it will benefit potential bike users and be located where it will not impede pedestrians or vehicles. There is a sidewalk along East Fourth Street and the proposed bike rack will be placed within the sidewalk that will still meet all ADA requirements. The encroachment area is located in the zone X protected by levy flood zone as indicated by the Federal Insurance Administration's flood insurance rate map. Um there are no easements near the encroachment area. Um the applicant received approval from Main Street Waterlue Design Review Board with the condition that the bike racks be painted black and that it and that it meets all other city requirements. Main Street Waterly Design Review Board conveyed the following details. It would be four bicycle racks where bikes are placed parallel to the rack when securing them. The installation locations meet ADA requirements and there are parking stall markers on the ground but faded. And if cars park in the stall as they are marked, there will not be an issue with impeding pedestrian access from vehicles to the sidewalk. Um, engineering asked if public works is going to want them removed each winter winter to which planning responded that we have not heard from them. Therefore, staff recommends that the request by Martin Flats LLC for an encroaching agreement to allow for a bike rack on city- owned property

located adjacent to 321 East 4th Street in the C3 Central Business District be approved for the following reasons. The encroaching agreement would not appear to have negative impact on the area. The encroachment agreement will not would would not appear to have a negative impact on vehicular and pedestri pedestrian traffic in the area and the encroachment agreement is in compliance with the competence of plan and future land use map for the area subject to the following conditions. A fully signed executed encroachment agreement.

Thank you. This is Shredder with staff and just as an update, I did hear back from public works and they are okay with the bike racks not having to be uh removed each wither winter and they'd rather see them bolted down so that when you put them in and out, it tends to uh wear and tear on on those receivers and you'll eventually have to drill new holes and then onto the next new hole and you'll end up replacing that slab of sidewalk a that earlier. So, they were okay with it not having to be removed each winter. Fantastic. Are there any questions for staff from the commissioners?

Yes, this is Dun. I have a question about the picture that's depicted in on page 28 in the packet. So, that's my reference. Does does the bike racks as presented in the picture would that would that block the sidewalk of like um pedestrians just generally walking down the sidewalk? It addressed it earlier. It still meant ADA complaints. Yep. This is Shrader with staff. So, I'm not even talking about wheelchairs and ADA.

Yep. So, if you're looking at the picture on page 28, that's kind of like a a side view. And then if you look at the site plan, right below that on 28 is the top down view. So those bike racks are are going I mean so the sidewalks in the downtown are significantly wider than most public sidewalk areas. And as that site plan notes, there's a 106 in space between the edge of the building and what would be the the back of the bike rack. So there is a clear zone there for pedestrians including what exceeds minimum ADA requirement.

Okay. Thank you. Thank you. Um, any other commissioners have questions for staff? All right. Is the applicant here? Oh. Um, with that, I I guess I'll entertain a motion on this agenda item. This is Shelberg. I move that we recommend or we approve the motion or the request by Martin Flats LLC for an encroachment agreement to allow for bike rack on city- owned property located adjacent to 321 East 4th Street in the C3 central business district with the following condition. Oh, a fully signed and executed encroachment agreement.

Shot. Thank you. There is a motion and a second. Is there any discussion? Uh hearing none. All those in favor of approving the agenda item signify by saying I. I I

I opposed. Motion carries. Okay. The time is 4:13 p.m. and a hearing is scheduled at this time for a request by the city of Water on behalf of the Iowa National Guard for site plan amendment to construct a 25,000 square foot building in the M2P planned industrial district located north of 3106 Airport Boulevarded. pages 32 through 42 in the 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 10th, 2026. Could we have a motion to receive and place this notice on file?"

Do not so moved. Second, Shelberg. Thank you. All those in favor of receiving and placing this notice on file signify by saying I. I. I.

Any opposed? Motion carries. Um we'll go to the staff report. Just start off with staff applicants requesting a um site plan amendment and special permit for a new 25,000 ft um bu maintenance building. The request to construct a new building would not appear to have a negative impact surround the area as it would be appear to be compatible with other commercial and industrial development in the area. Um the proposed site plan amendment and special permit would not appear to have a negative impact vehicular pedestrian traffic conditions in the area. The site is served by airport boulevard which is classified as a collector. The areas um in question has been zoned M2P plant industrial district since being reszoned from A1 agricultural district by ordinance 4077 on March 13, 1995. Surrounding land uses and their zoning are as follows. Um to the north is industrial Midport Boulevard and Waterlue Regional Airport zoned M2P plan industrial district. To the south um is an existing Waterl uh Iowa National Guard facility, Canadian National Railroad and Industrial Zone M2P Plan Industrial District and M1 Light Industrial District. To the east is industrial zoned M2P plan industrial district. And to the west is Airport Bard Industrial and Waterlue Regional Airport Zoned M2P Plan Industrial District. Um, industrial and commercial development in the area has been built between 1979 and 2019. The site plan shows the main building in the center of the property. There will be one driveway access from Airport Boulevard, which primarily used for equipment moving in and out of the facility, but not be used for the main parking lot, which will be accessed through the existing facility to the south. The western side of the building

will be used for storage, IT offices, um restrooms, classrooms, and and a library. The eastern portion of the building will include four large workbays with rollout doors on both the north and south sides of the building with the bay on the east side being serving as a wash bay. The site plan shows two access driveways off the main driveways um which are not hard surface and would require variance from the board of adjustment. Um, and when I wrote this, we weren't sure if they were going to lease or purchase property. It is going to be a they are going to lease the property. The proposed site plan shows 145 parking spaces. Parking falls under park public facilities not specifically mentioned in the parking um regulations and is determined by city council at the recommendation by the planning programming zoning commission. It would appear that the um from the use of the building that there will be plenty of enough parking spaces. Um the site plan also shows a hard surface parking area on the norththeast side of the property that is to be used for parking of the Iowa National Guards facility. Site elevation show major ports of building will be prick construction with side elevation having large number of windows and double door entrance main entrance. It would appear the new building will match the existing National Guard buildings to the south and be compatible with other industrial buildings. Uh because it is a government facility is the reason why it needs the special permit. During tech review, Canson noted um as the decision on storm water has been made yet and um it has not. They are still working on that. Canudson also asked about the sanitary sto se steward that runs through the center of the property. Um and I noted that the building will be west of the storm sew sanitary sewer. Um and if the property was going to be sold an

easement would need be retained. However, the property will remain in the hands of the city. Therefore, staff recommends that the request by the city of Waterlue on behalf of Iowa National Guard for a site plan amendment and special permit to construct a 25,000 foot building in the M2P plan industrial district located north of 3106 Airport Boulevard be approved for the following reasons. Um the request is in performance with comprehensive plan of future land use map for the area. The request would not appear to have a negative impact on traffic conditions in the area. And the request would appear to have a would not appear to have a negative impact surrounding areas and would be compatible with surrounding development with the following conditions that the final site planning and all applicable city codes regulations including but not limited parking, landscaping, screening, drainage, etc. And just a note, the applicant um representative is online.

Ah okay. I was I was sitting there going, "Well, the applicant right now is I interpret it as a city, but because it's city property, so right." Okay. Um, are there any questions from commissioners for staff? Um, is would the uh representative for the Iowa National Guard like to speak on this issue and explain a little bit more?

This is Cara Garcia from Farnsworth Group acting as the architect of record. Um, I have a couple of comments. The drive access drives that were noted that are um, gravel right now, we actually just bid the project on Friday and the National Guard is proceeding with an alternate to pave everything on the site. There would be um, no amendment for that. That's the only comment I have. Thank you. Are there any questions from commissioners for the representative? All right. Uh, thank you so much for your time. Uh, what was your name and address for the record again?

Cara Garside from Farnsworth Group. Address is 14225 University Avenue Sweet 110 in Walke, Iowa 50263. Very good. Uh, thank you very much for your time. All right. Um, is there anybody in the council chambers here that would like to speak on this agenda item? I think I can. Well, one more. Is there anybody on the um Zoom that would like to speak on this agenda item? All right, I can entertain a motion to close the public hearing then. So moved. Show second. Do not. Thank you. All those in favor of closing the public hearing signify by saying I. I. I.

Any opposed? Motion carries. Um next up, I will entertain a motion on the agenda item. A motion. You can move the motion. This is Shelberg. I'll make a motion that we approve the request by the city of Waterlue on behalf of the northeast of the Iowa National Guard for a site plan amendment to construct a 25,000t building in the M2P planned industrial district located north of 3106 Airport Boulevard with the following condition that the final site plan meets all ages, regulations, etc. including but not limited to parking, landscaping, screening, drainage, etc. This is po. I second it.

Thank you. Uh does that cover um B1 and C1? It does. Okay. Um Okay, we got a motion and a second then. Um is there any discussion? Hearing none. All those in favor of approving agenda items B1 and C1 signify by saying I. I. I. Any opposed? Vain.

Thank you. Uh motion carries. Okay, next up we've got a request for Iowa Heartland Habitat for Humanity for a special permit to convert a duplex into four units in the R4 Multiple Residence District located at 624 through 626 West Park Avenue, pages 54- 65 in the packet. This is Gleman with staff. The request to convert the duplex into a forplex would not appear to have a negative impact on the neighborhood with proper design and adequate parking. The proposed special permit would not appear to have a negative impact on vehicular or pedestrian traffic conditions in the area. The site is served by West Park Avenue, which is classified as a local road. The area in question has been zoned R4 multiple residence district since the adoption of the zoning ordinance in 1969. surrounding land uses and their zoning designations are as follows. To the north is residential dwellings and a commercial buildings zoned R4. To the south is residential dwellings zoned R4. To the east is residential dwellings and a church zoned R4. To the west is residential dwellings zoned R4. The surrounding area consists of residential properties built between 1883 and uh 2022 and a few non-residential uses including a church commercial building and a funeral home. Uh a storm water detention plan will be needed to provide will need to be provided to the engineering department. No portion of the property is in a special flood hazard area. We may be in a flood hazard area right now. Sorry.

Well, we are protected by levy. The special permit. Um,

let me see. Uh the special permit does meet uh most of the bulk regulation requirements in the zoning ordinance for multif family dwellings in the R4 uh zoning district by having a lot size larger than 8,000 square ft and being wider than 65 uh feet. An update to this as we compared uh the site to the surrounding homes along the block. A variance to the front yard setback will not be required. Uh the proposed parking lot however would need a variance to have a setback less than five feet to the property lines. The the applicant uh is not looking to subdivide the property at this time.

Uh the applicant can you hear me? I can hear you, but Okay. Are you good out there? Speak close to the mic. Yeah. Just

The applicant is rehabbing the building on 624-626 West Park Avenue. The building is currently a duplex. The applicant is planning uh is requesting the special permit to convert the duplex into a forplex to be able to provide more dwelling units for people. A special permit is required in the R3 and R4 districts when converting a duplex to a multifamily structure. As part of the rehab habitat, we'll be rebuilding two enclosed rooms that were on the front of the building. These two rooms were removed from the building and openings boarded up sometime between 2012 and 2019. The zoning ordinance requires two parking spaces for each dwelling unit. With this conversion, eight spark parking spaces will be needed. The parking will have to be properly hard surfaced. The applicant uh will be requesting a variance to allow for the parking and vehicular use areas to be closer than 5 ft to the property line. Uh the site plan is also will also need to be modified to show uh one ADA compliant stall. Uh the building plans do show a potential future fourstall garage, but there's no set timeline for building that and the zoning ordinance does not require garages for multifamily buildings. In the technical review committee, the building department noted they will need stamped plans. The fire department noted that the building will require sprinklers and alarms. It was also noted the engineering department will need a storm water detention plan. Therefore, staff recommends that the request by Iowa Heartland Habitat for Humanity for a special permit to convert a duplex into a four units in the R4 multiple residence district located at 624-626 West Park Avenue be approved for the following reasons. One, the request would create two new dwelling units in the city. The request would not appear to have a negative impact on traffic conditions. The request would not appear to have a negative impact on the

surrounding area and with the following conditions that the final site plan meet all applicable city codes, regulations, etc. including but not limited to parking, landscaping, screenage, drainage, etc. All right, thank you so much for powering through that. I think you got us through most of the storm knock here. Um, are there any questions for staff? I know that was kind of difficult to hear at times from commissioners. Okay, I think I see the applicant here. Uh, would you like to come up and speak a little bit about this?

Um, this Ali Parish, uh, 856 Sunrise Boulevard in Waterlue. Um, this is a project that's going to be using multiple forms of tax credits and um, just part of the ongoing renovations and restoration and revitalization essentially of the Church Road neighborhood. So, this is a historic home. Um, and yeah, it has enough space in it that for to maximize um, the use of the space for now at least. Um, for the cost of the project, it just makes the most sense that we would have four units and there's plenty of room for it. Each each unit will be two bedrooms. Um, and they'll just be stacked essentially. And everything we're doing with our renovations are to be thoughtful of the next steps so that, you know, even if down the road it could be converted back to a duplex and single like two single family homes, obviously that would be our goal down the line. So, whenever we're doing this kind of thing, we're always thinking about the future and how we could do an easier easish conversion back if we had to or if we could even down the line. So,

all right. Um, roughly how large would each unit be? I figured you were going to ask me that and I don't know. Um, I have to find I have to look on the plans. I can't remember. Let's see. The building There's very tiny print on right around page 58, but I can get that information if you need. It looks like it's not a like you're trying to take something that shouldn't be four and turning it into four. Yeah, they're very good size. Um the whole

the whole home is significant in size. Um, so it it it's not going to feel odd or tight or like they're not going to have a nice living space. I don't think at all. Not not concerned about that. Thank you. This is Commissioner Do not I just have to say this for the record. Uh affirmative um further affirmatively further housing. Um so who are your perspective uh tenants, residents? Who is this for?

Yeah, this will be considered market rate. So, um, market rate units essentially. We aren't planning to subsidize rents on these at all. So, it would just be folks without necessarily an income restriction that we want to move into the neighborhood. Okay. Thank you. Thank you. All there any other questions for the applicant from commissioners? All right. Thank you so much. Thank you. Is there anybody else in the council chambers that would like to speak on this agenda item?

Is there anybody on Zoom that would like to speak on this agenda item? All right. Um, well, I think we got all the comments, questions figured out. I will entertain a motion on the agenda item. This is Paul.

Go ahead. Um, I'll make a motion that we approve the request by the Iowa Heartland Habitat for Humanity for a special permit to convert a duplex into four units in the R4 multiple residence district located at 624-626 West Park Avenue be approved with the following condition that the final site plan meets all applicable city codes, regulations, etc. uh including but not limited to parking, landscaping, screening, drainage, etc. Second, Shelberg. Thank you. We have a motion and a second. Is there any discussion? Hearing none. All those in favor of approving the agenda item signify by saying I.

I. I. Any opposed?

Motion carries. Okay. Next up, we have a request by Kelly Freeze for a special permit to allow rubble fill on a lot in the M1 Light Industrial District located at 1250 West Airline Highway. This start off with staff. Um the request to allow rubble fill could have a negative impact on the surrounding area as it could hinder future development in the area. The pro special permit would not appear to have a negative impact on veicular pedestrian conditions in the area. site is served by Westland airline highway which is a minor arterial. The area in question was zoned M1 light industrial district since the adoption of zoning ordinance in 1969. Surrounding land uses and their zone areas falls to the north vacant land zone A1 agricultural district and M2 heavy industrial district. To the south is airline highway and industrial zone M2 um heavy industrial district and M1 light and manufacturing lead industrial district. Um to the east is residential and Cedar Ben Humane Society zone M1 light industrial district. To the west is residential and commercial zone M2 heavy industrial district. Industrial and commercial uses were built between 1978 and 1990. The residential uses were built between 1931 and 1971. No bu portion of this property is in the 100redyear flood plane. Zonius requires a rubble field sites apply for a special permit when filling in over 25 cubic yards of material. A special permit was not applied for before the material was deposited. The applicants requesting a special permit to legalize a rubble field brought in onto the property. Property has been filled with approximately 921 cubic yards of rubble fill without a special permit approval. Staff has concerns about the request for several reasons, including the property is a residential use despite the industrial zoning. The property shares a driveway with another residential

property. The property is located along a minor arterial which is a major route through the city of water. There would appear to be um more appropriate places for the place to fill and the property is not in the flood plane. Therefore, fill was not needed to raise it out of the flood plane. Also, during a visit to site, there would be be a large number of vehicles, trailers, and a shipping container stored on the site. Um it's if the special permit were approved then it would need to be conditions that the property be cleaned up including removal of the commercial vehicles and shipping containers unless the property is properly hard surface and meets all requirements of both a re both a residential use and a commercial parking lot. During tech reviews um Shrader noted that the property and other adjacent properties are zoned industrial but are residential in use. U Kusa stated that it is removed that they will need to restore it including seating. Um Castle asked if they had a reason why they wanted to do this to a trader said he could not he did not know of one. Um Castle also questioned um if the field had affected the drainage on the property and to the adjacent properties. Um, therefore, staff recommends that the request by Kelly Freeze for a special permit to allow rubber fill on a light in the M1 Light Industrial District um located at 1250 West Airline Highway be denied for following reasons. The property has a residence on as a primary use. The property shares a driveway with another residential property. The property is located along a minor arterial which is a major route through the city of water. There would appear to be more appropriate places to place the fill and the property is not in a flood plane. Therefore, the fill is not needed to raise the property out of the floodway.

Thank you. Are there any questions from commissioners for staff? All right. I think I have two actually. All right. one. So in the tech review it says trader noted that the property and other adjacent properties are zoned industrial but as are used as res residential um in use. Is that just by special permit they would have had to gone to build that or how does that work?

This is shredded with staff. No. Uh that would have been by them being there since either before they were um zoned that way or before they were annexed into the city of Wateroo. Probably the annexation in that location. But that's not uncommon uh throughout the city that we have areas that are zoned industrial, but the primary use of the area is residential. and we'll see it become kind of mixed use over the years as properties switch and no longer become a residential use and switch into an indust industrial use. Um the reason it was noted is that you can have both. Uh you can't have new residential in industrial but the existing is allowed and you can have two uses on the property. So it could keep the residential and have a non-residential use. The ordinance just requires that they have the ability to be separated off and have meet minimum lot size setback requirements and things like that.

Okay. Uh second question, if we deny this request, what what happens uh moving forward with this lot with the rubill that is there and to go back as you know and do seating and so forth, who first off, what happens? Second off, who is following up on that to make sure that it does happen if that's the case? Mr. Rider with staff. So, of course, the planning commission would be making a recommendation. So, I'm I'm assuming you mean like if the board of adjustment were and city council ultimately

well, it won't go to the city council, but yeah, it'll go to the board of adjustment. If the request were denied, then yes, the the fill material will have to be removed and yeah, planning staff would work with code enforcement staff and it would be the property owner's responsibility. Thank you. Thank you. Any other questions from commissioners for staff? Is the applicant here?

Yeah, my name is Kelly Freeze of 1250 Airlines West Aine Highway. How this all came about is uh I run a concession business. I do concessions here in Waterl, Young Arena, uh National Cattle Congress, Sports Plex, inside concessions, and I have food trucks. So, I want needed a base for my property. So, these trailers are usually low. I needed a way to get in them so we could store them and get them out all times of the year. Um, I found the demo the city demo job of the nursing home. I looked at their rubble before I even talked to him and it was it was bigger, but it was very clean. So, I thought that'd work good as a base. So, I contacted the demo contractor and he said, "Yeah, we can dump this here." I did not know we needed to permit for that. So that part is my fault. But I didn't know. We just we didn't change any grades because we hauled this in when it was cold. We we just laid it down. Didn't affect anything other than the the natural flow. And there's 6 in to a foot if there was a hole or something deep. And then my idea was to top dress it with either a light some dirt, black dirt or rock. We did that so we would have parking, not to make it a rubble site. It's not a rubble site. We just use that as a field because it's a very uh clean product.

Any questions? I have a question. Um why didn't you give the answer? Uh this is Commissioner Dun, by the way. My question is why didn't you give the answer that you gave just now as to why you needed the rebel to Mr. Castle? Uh because he outlines in the tech review committee notes. He said castle castle asked if they gave a reason as to why they want this to which Schroeder stated no. Nobody asked me. Okay. This this is the engineer

Dan Erons VJ Engineering. Um I I think I can answer that. I'm not sure why there was confusion there, but um as far as that being for a base layer for a parking lot, I had discussions as soon as Mr. Fes contacted me and let me know that he'd received the letter uh from the city and that he he'd placed the uh the material there. So, we did have that conversation. I'm not certain I had that conversation with Mr. Castle directly. Um, but I I know I did have that conversation with the city because we've been working with both planning uh and engineering uh to to survey the site, come up with the volume for the special permit request as well as check the grading to make sure that uh this field didn't negatively affect any any of the natural drainage of the area. So, I do believe that that was that was brought up as the actual purpose. Um, I'll go a little bit further. Uh, through that process, it was determined that, um, I mean, you can't add more than 5,000 square feet of impervious space, which the parking area would be. Um, so we've presented a plan where he would uh backfill most of this area that has been the roofill has been placed with top soil. It would be seated um with the exception of the 5,000 square foot area uh which he'd be using for parking. And that would be topped with a with a gravel.

All right. Are there any uh questions for the applicant or This is Commissioner Schoberg. I feel like it wasn't addressed in the packet. So, did your did your um assumptions then say like it did not affect the drainage of the area?

Uh as he kind of stated, it pretty much just filled in a low spot in the back of that lot. It was it's just historically looks like it's been overgrown. um there was kind of a hill bordering it and he basically just brought in that layer, spread it smoothly and it's just following the same grade. It feathers in to meet the uh the exact same grade there on the south side near the house. But uh no, I didn't see anything uh when I visited the site that negatively changing uh the existing water flow and storm flow.

Thank you. Um I I do believe that I when people come up with um seeking approval for a rubble fill site, the first thing I go is what are they trying to put in there? What you answered? And then I go why what you answered. Um I if this were something that we as a commission were to approve, uh would we be able to put um a condition in there to make sure that it would be top filled to be okay? That's That's what I need to know. Uh any further questions for these guys?

All right. Thank you. Um with that, I think we can probably work on figuring out how to how to make a decision on this. Oh. Oh, yeah. Come on up.

My name is Kelly White. I am at 1242 West Airline Highway. So, I am the property that shares the driveway with Mr. freeze. Um, we want to, um, we would ask that you decline this permit. Um, there's safety concerns there. Um, with the rubble, there's reroute in there, there's other debris in there. Um, in the back of the property, it is so high that any runoff would come into our property. Um, so yeah, that's our biggest concern is the safety issues in the runoff onto our property.

All right. All right. Thank you. Is there anybody else in the council chambers that would like to speak on this agenda item? Sometimes I get ahead of myself. Is there anybody on Zoom that would like to speak on this agenda item? Nope. Okay, let's uh I think we can start working on a decision on this. I got a feeling that it might be an a motion to approve or deny it and then details get hammered out one way or the other.

This is Commissioner Schober. I feel like I would like some more input on if the drainage actually is affected. Um, obviously we at first glance I feel like I'm okay if they with some conditions of doing some gravel parking area and some some top soil with some grass. Um, but if there is drainage issues, I don't want to make a motion to approve it if if that's going to be an issue. I concur with that.

Is this a item that we would be able to table in order to get some sort of extra information on? I I feel like that's fine because I mean I I think we all agree that it's not like they're trying to bury toxic waste or something here. I get what what's going on there, but also we don't want neighbors getting flooded. So that's a very realistic concern. So, if that would be something something else. Uh, this is Commissioner Poe, but it um his neighbors stated that there is re is there rerod in the in the fill or

it's mostly brick, but uh you know there there was very little stuff. There may be a conduit or something like that, but I mean it's not anything ne negable and you can you're welcome to go out there and look at it. Can you come up to the uh microphone and repeat what you said for the for the people watching?

Yeah, this the the rubble. I inspected the rubble beforehand. This was a city demo job. Like I said, they did an excellent job of cleaning it. Now, there's going to be a piece of conduit that escapes or some copper wire. And I did see that, but it's very, very little. And if there is something that I don't want rebar in there either because I can't afford tires. So, we're we're gonna we're going to fix it. You know, if there's some something there, it's going to be taken care of. We stopped the project once we had the problems with no permit, which we didn't know about. So, that's why we stopped it. It's on hold before we top dress it. We want to make sure everything's okay.

Right. Definitely don't want don't want residences getting flooded. That's right. Um Okay. Thank you. come up. Dan Arms, VJ Engineering again. Um, I would be more than happy to come out and meet with the neighbor to look at any possible drainage issues and try to address that um in between now and the next meeting as well. So,

okay. U, I do have one other final question because obviously when we're talking about expanding parking for things that could lead to increased traffic there, is there going to be increased traffic going through that area? I I believe the goal is to park the trailers. He has been parking behind there on what is mostly just dirt on to to gravel. So, uh I don't want to speak for him, but I don't know that there'd be a whole lot more traffic.

That is correct. You know, we we only have so many food trailers and we do have trailers that we have storage in stuff in it, but they are licensed trailers that they're just pull type trailers pull behind a pickup. I do have a food truck there, too, that runs around. Doesn't work in the winter, just works in the summer. So, okay. Thank you. This is Commissioner Shber. I'd make a motion that we table this agenda item um until we get further clarification. The drainage will not affect the neighboring properties. Commissioner do not second. Thank you. There's a motion and a second to table the agenda item. Is there any discussion?

I still have something that needs to be cleared up. So, I heard VJ Engineering say that the drainage didn't change, you know, by adding the fill. And then I heard the neighbors say that uh they're worried about water runoff back on their property. So uh my concern is is that you know those are two diametrically opposed uh vision or opinions and I'd like to know what the real opinion is what the real engineering problem is.

This is Anderson with staff. So, one thing I know there were some questions on the uh the reasonzoning of the land uh last month on on uh Rancherro. Um and there were some questions about the exact needs of the building. So, we did go out there with several staff to go over all the details of that. So, we could do the similar thing to this. We could send the staff out to look at the site, including the engineering staff to look at the drainage concerns and rubble materials and all that and come back with a report to the commission. Hopefully, that would answer any of those discrepancies. Okay.

All right. Uh, any further discussion? Okay. All those in favor of tableabling the agenda item until we get more information on drainage, signify by saying I. Mike, I had a question before we go to the vote. We need to remind people that we have another item from last month that was tabled till May. Oh, yeah. the um vacate of the alleyway just to make us aware of that. Okay. Right. Other than that, no other question. Okay. All those in favor of tableabling this agenda item signify by saying I. I. I. Any opposed?

All right. That motion carries. Um. Next up, we have a request by A-ine EDS for a special permit in order to expand an existing salvage yard to include a former self-s storage facility and to construct two industrial buildings on the southwest corner of their property and to move the fence line along the Canadian National Railroad and the M1 Light Industrial District located at 808 Dearbornne Avenue. This is Tamala with staff. The request would not appear to have a negative impact on the surrounding area as the proposed expansion area is zone M1 Light Industrial District and is abuing the Canadian National Railroad. The proposed expansion would not appear to have negative impact on a vehicular pedestrian traffic conditions in the area. Um, the property in question can be accessed from Deerbore Avenue and there are no trails or sidewalks near the property in question. The property in question is zone M1 Light Industrial District. Um, since the adoption of the ordinance in 1969, the surrounding land uses and their zoning are as follows. To the north and south, industrial uses zone M1 Light Industrial District. To the east, residential uses zone R21 and2 family residence district. and to the west residential uses zone C1 neighborhood commercial district and another A-line EDS property zone C1 CZ neighborhood commercial district with conditional zoning along with the residences zoned R21 and2 family residence district residence district across um the Canadian National Railroad and Debuke Road. Um the property in question is not located in a flood zone. Um the abuing and adjacent residential uses to the property in question have

been developed as early as 1947. Um there is a 20ft easement along the south property line of the site in question running parallel to the Canadian National Railroad along with an easement in v in varying width along the west property line. Um um the proposed industrial buildings are 240t by 100 foot and 170 foot by 70 foot with a 20 foot wide ramp loading dock and a 30 foot x 16t and a 34t by 30 foot additions. Um, the new fence placement would run parallel to the Canadian National Railroad. The site plan indicates that the fence would be outside the 20 foot wide easement on the property in question. On April 23rd, 2019, the board of adjustment approved a special permit to expand existing salvage yard with the condition that no that no buildings are built on the expansion area. Therefore, this condition would need to be amended to allow for the proposed 240 foot by 100 foot building to be built as it would encroach into that previously approved expansion area. Engineering uh notified the applicant's engineer that they will need a site plan and drainage report for the proposed expansion and the previous gravel parking expansion. fire noted that they communicated with the contractor and owner that that one building will need to be sprinkled and that future development will require additional hydrants and access for fire. Uh the future land use map designates this area as industrial. The request is in conformance with the future land use map for this area. Therefore, staff recommends that the request by A-ine EDS for a special

permit in order to expand an existing salvage yard to include a former self- storage facility and to construct two industrial buildings on the southwest corner of their property and to move the fence line along the Canadian National Railroad in M1 Light Industrial District located at 808 Dearborn Avenue be approved for the following reasons. The request will not appear to have a negative impact on the area as the proposed expansion area is zone M1 light industrial district and is abuing the Canadian National Railroad. There is no history of zoning violations at the salvage yard in the city of Wateroo. Um the request would not appear to have a negative impact on vehicular and pedestrian traffic in the area. The request is in conformance with the comprehensive plan and future land use for the area subject to the following conditions. That the final site plan meets all applicable city codes, regulations, etc. including but not limited to parking, landscaping, drainage, etc.

Thank you. Are there any questions from commissioners for staff? All right. Uh, is the applicant here? No. Is the uh applicant on Zoom? I think everyone's kind of off of Zoom. Let's see here. I guess we could go with a motion on it.

One quick question actually. First, the the motion was made or approved on April 23rd of 19 by board of adjustment. So, when this goes to board of adjustment, they would have to amend that before they can approve. That's correct. Thank you. Okay. Um, what what is actually going to go on in these buildings? Do we know? Are they like melting metal or loud noises?

This is Tamala with staff. Um, it is unconfirmed what they're planning to do in the buildings. All right, this is Shoberg. I'll make a motion that we approve the request by Aine EDS for a special permit in order to expand an existing salvage yard to include a former self-s storage facility and to construct two industrial buildings on the southwest corner of their property and to move the fence along the Canadian Northern Railroad in the M1 light industrial district located 801 808 Dearborn Avenue with the following condition that the final site plan meets all Apple City codes, regulations, etc. including but not limited to parking, landscaping, drainage, etc. Do not do not. Seconds.

Okay, we got a motion and a second. Any discussion? Just one note. Um, metal storage for the buildings. Sorry. So, not not uh probably not going to be toxic chemicals, ultra loud, things like that. That's what they're storing. That's what they're sto They're storage buildings for metal. Yeah. Yeah. Do not second. Okay. We got a motion, a second. Any uh discussion? Uh hearing none. All those in favor of approving the agenda item signify by saying I. I. I.

I oppose. Motion carries. Um, next up we have a request by Wally Parveves for a special permit to allow for a non-limited alcohol sales use in the C2 commercial district located at 260 Soviet Drive in suite 112, pages 88 through 99. This is Tamala with staff. The request would not appear to have a negative impact on the surrounding area as it is a large commercial strip mall. The proposed special permit would not appear to have a negative impact upon vehicular pedestrian traffic conditions in the area. The area served by Sears Street and Sovia Drive which are classified as local streets and East San Martin Drive which is classified as a minor arterial. Uh the property in question can be accessed from Soviet drive and Sears Street. There are no trails or sidewalks abuing the property in question, but there is a sidewalk located on the opposite side of Sears Street and a recreational trail is under construction along Leaport Road one block east. The property in question is zone C2 commercial district. Since the adoption of the ordinance in 1969, the surrounding land uses and their zoning are as follows. To the north, east, and south, commercial uses zone C2 commercial district. To the west, apartment complexes and senior housing zoned R4 multiple residence district. The commercial uses have been developed as early as 1975 and the abuing residential uses to the property in question have been developed as early as 1977. Um, there is a 8 foot utility easement along the west property line of the site in question along with a 20 foot sanitary sewer easement running through the parking lot. The request would not meet all requirements of the zoning ordinance as

a non-limited alcohol sales use is required to be set back 600 ft from protected uses and any other use with a class E liquor license. The applicant plans to locate a Marshall beer, wine, and spirits, which would offer liquor, tobacco, and beer along with ATM services. These services will be offered to the hospitality and in restaurant industry as well. The applicant is required to obtain a special permit as the property in question is not located along a principal or arterial. Non-limited alcohol sales for a classy liquor license are required to be 600 ft from protected uses and other classy liquor license holders. The property in question is zero feet from protected uses uses as it abuts apartment complexes and senior housing to the west and is approximately 303 feet from the CVS on 1825 East San Martin Drive which holds a classy liquor license. Despite being less than the required setbacks, the business would be located with a large commercial strip mall and the use would appear to be compatible with surrounding uses and would likely be noticeable as and and would not likely be noticeable as a use from the residential uses. So and since there is a moratorum for obtaining new tobacco license within the city and the adoption of a new ordinance regarding tobacco sales is pending, the applicant will be required to comply with the adopted code at the time the moratorum applying for the tobacco license is lifted. The future land use map designates this area as commercial. The request is in conformance with the future land use map. Therefore, staff recommends that the request by Wi Parveves for special permits allow for a non limited alcohol sales use in the C2 commercial district located at 260 Soviet Drive Suite 112B approved for the following reasons. The

request would not appear to have negative impact on the area as it is a large commercial strip mall and would appear to be compatible use that would not be visible by the abiding residential uses. The request would not appear to have negative impact on vehicular and pedestrian traffic in the area. The request is in compliance with the comprehensive plan and future land use map for the area subject to the following conditions that the final site plan meets all applicable city codes, regulations, etc. including but not limited to parking, landscaping, drainage, etc. Thank you. Are there any questions for staff from commissioners?

Yes, this is do not. Um, how does this align or does not align with the approval of the last item from last month's agenda when we were talking about not allowing urban area hobby farms anymore because of the committee that decided that that we weren't going to do that anymore. And then the second piece of that last item from last month was about vaping and tobacco and things like that. So, how does this align or not align to that? Uh, thank you. Come on up and prepare to back this answer up. But I I think that at this point we are discussing an alcohol permit and not a tobacco permit.

Mrs. Trader with staff. Yeah, the request is before you because of the alcohol sales. We noted the tobacco part of it because the application did note the intent to sell tobacco and the city does have a moratorum on the issuance of tobacco licenses currently. Uh and an ordinance amendment is going through the process that will um regulate uh tobacco licenses differently. Um so we were just I I don't think it's out of a line. We were just noting it to make sure that the applicant is aware and that ordinance amendment is in the process of city council approval right now. It's gone through the hearing in first reading. Second reading will be coming up. Um so assuming it is adopted, the applicant will just have to ensure that the proposed use will comply with the ordinance. So the the proposal would be allowed

I as long as the use does not meet the definition of a tobacco vape shop. I think the primary business is going to be selling alcohol. So I assume it's not. I'm assuming that tobacco vape products would be a minor portion of the business. So, um, as long as it will meet the requirements of the new ordinance, which I assume it will, but I don't have any details on, you know, floor plan or scope of what they're proposing to sell. So, we just wanted to make sure they were aware of it. Okay. Thank you.

This was this property in question was never a C2P zoning. Okay. Are there any other questions for staff? Uh, is the applicant here? Come on up. State your name and address.

I'm going to go first and if you've got other questions, you can talk to the applicant. My name is Eric Johnson. I'm an attorney with the Beecher Law Firm. I represent the property owner and I'm representing the applicant, the proposed tenant in this property. Um, just to give a little bit of context, the use there's going to be retail alcohol sales. And when I asked him what those would be like, he said, you know, more akin to like a Happies or if you've been to Illinois, a Benny's. Um, it would be something like that. But he also has a wholesale portion of his business where um he provides credit card services and other services to small businesses. he um provides that those services to 59 businesses here in Blackhawk County um and over 200 in the state of Iowa and hopes to grow that also. So that's a little bit of context. Some of the things about um neighboring uses um obviously people being in the community know that this has always always this for a long time has been a commercial property. Um, previously a Kmart and maybe some other was was the whole thing Kmart?

Yeah, I think the whole thing was Kmart at one point. What's that? Big Lots. Big Lots. That's the old after Kmart.

After Kmart, right. Yeah. And then it's been redeveloped since that that time by my client. Um, so um this isn't retail isn't or commercial isn't new to this. Um, saying that the protected use is zero feet from this. Well, that's the lot lines are zero feet. I mean, the this isn't going to be zero feet from this. When I thought about this, the thing it reminded me most of is like the Kimble Ridge Center where you have that Hy Liquor Store right there, Wine and Spirits. Hi Ve Wine and Spirits. And then right behind it, there's an alley and there's a road and then there's some condos behind it and across the street there's assisted living and then right next to it there's a Walgreens. So, it's sort of, you know, some somewhat uh similar uh configuration except bigger here and saying we're only 300 feet from the CVS, the other protected use. Well, the lots are 300 ft, but this lot goes all the way down to almost the fire station down there. I mean, this this use itself is more than 600 feet from that. But the lots is how you measure it from the lots, not from where the doortodoor is. And so I mean we think that um just looking at those numbers um you have to look at more than that to understand. And so we think that this is compatible um with the neighborhood would be a good good use and um we agree with the staff's recommendation that it be approved. So glad to answer any questions and if you've got specific questions for my client, he's he's glad to come up and answer those also.

All right. Thank you. Uh any questions for No. Yeah. All right. Thank you.

Is there anybody else that would like to speak on this agenda item? No. Anyone on Zoom? Okay. I'll entertain a motion on the agenda item then. This is PO. Uh, I'll recommend that we approve the request by Wii Parveves for a special permit to allow for non-limited alcohol sales use in the C2 Commercial District located at 2060 Soviet Drive, Suite 112 be approved with the following condition. That the final site plan meets all applicable city codes, regulations, etc., including but not limited to parking, landscaping, drainage, etc. Do not second.

Thank you. Uh there is a motion and a second. Is there any discussion? Uh I didn't ever foresee this being an agenda item through planning and zoning commission. I really didn't. So um I think ultimately is this something that would have to go through council at some point or some of the licensing will go through council. The the special permit will go through board of adjustment. We're we're more focused on the use of the building and the property and not the actual permit. Right.

Yes. I mean, I I think Mr. Johnson stated it well. I mean, the the intent of the alcohol ordinance rules was to make sure you didn't have a a new liquor store next to a residential house. And this is a commercial area next to multifamily apartments, but as he noted, they're actually pretty far apart, but the property lines are next to each other. So, right. I mean, honestly, the the Target right across the street from that property also sells liquor and alcohol. So, um it's just one of those things that we sometimes run into then, I guess, right? Um any other discussion? Okay, hearing none. All those in favor of approving the agenda item signify by saying I.

I. I. Any opposed? I um motion carries. Uh, we got a couple things here. As Commissioner Dun brought up, we have a tabled agenda item involving the vacating of an alley, dead end alleyway over by I think what is it? Eighth Street. Yes. Do we have any updates on that?

Um, the uh this is Anderson with staff. So, uh CNS of course acquired the two homes that were in in rough shape there. Um they are working on demolishing those. They do have approval from the historic commission which leads them to their next step of working on their their total site plan. Um in preliminary discussions with the Iowa Department of Transportation um they are looking at the process to see what would be required if they vacated West 7th Street if the DOT would make them close the access point to 218. So they're there's a process to go through there. They're doing that with the DOT. So we'll report update it as we can at the next meeting.

Very good. This is do not. The reason why I mentioned that during the meeting when we were discussing the item that was tabled from this meeting was I just wanted people to remember that we were having another tabled item. We didn't want to overload our agenda for May. We like to try to overload John putting the agenda together if we can. It's Yeah. Yeah. I also don't mind taking extra time to get the decisions right. So I appreciate all the work that staff does to help us get that done. Um, and then one other item here. I've been once in a while I periodically bug staff for a financial report. So, they actually got one here at the end of the packet.

Yes. Uh, this is Anderson with staff. So, it says fiscal year to date up above. Don't look at the June 30th, 2026. Um, because we're not there yet. So, this would be at about the end of March, which would put us at about 75% of the year. Um, as you can see, the overall revenue is at 89%. So that's above. The expenses are also at 83%. Um we we did have a large expense in there of a printer uh replacement parts. Um there's some other things in there that are a little bit over in the expenses, but some of those are paid for the entire fiscal year at one point um as are paid. Some examples of that would be some software, some of the travel training is already so there's no more expenses coming from those. In the end, um, for our budget, we will do a line item budget adjustments for overages, underages, and each of the the different lines that are in there. And we'll also work on the revenue and expense. Example of that is I think the the fees are at 214%. Our postage as a revenue source, so we have additional revenue coming in there. Our postage is at 118%. Um, obviously, we have to mail things when requests come in. So, we'll as we get closer, we'll adjust some funds from the revenue to the expenses to balance out the budget.

Okay. I just wanted to note that yes, it's in the packet like you were saying, but it wasn't in the downloadable uh packet that you could take from um Oh, okay. from online. So, we will fix that for next time. Okay. Um thank you for the update on that budget. I know. I mean, we people spend time to make those budgets and then go through them and why have them if you don't look at them from time to time, you know? No, good point. All right. Um, are there any other discussion items?

This is Commission Oh, this is Commissioner Shoberg. Uh, one discussion item, get you guys' thoughts. Uh, I've missed our packet quite a few times in the mail. I think it's probably silly for the city to mail those out to all of us. Uh, would you guys be in favor? I I told John earlier um I would be good with just like us. We can look at the digital version and we get here on Tuesday nights um have the printed a copy for us just at the desk there we can pick up on the way and don't postage. Yeah. Yes. Honestly. Yeah. Okay. And if we're going to include the budget in some of the packets, don't forget that piece because like I said it was it was not on what you could download from online. Right. I I don't see any reason. Is anyone opposed to that or

I don't I thought it was some sort of policy that you have to I don't know. I I walked I was like yo and um honestly if and there's been a couple times I didn't get a packet and I nicely just asked the staff and I go can you get one for me real quick? Especially being a chair and stuff. I don't want to be up here without all that. But um if that's something I don't think we need to even make a motion on that. It's just procedure. So, yeah, let's go ahead and do that going forward and that that'll also help with uh some of those last minute things anyway because sometimes we we go through it beforehand and then something changes or new information updated staff report or something. Yeah.

Yeah. So, that that'll be fine. Um any other discussion items? Just one thing. Uh obviously we had some fun today. Um if anyone was concerned about the weather and did not attend because of the concerns there, I just want to note this is a recommending body. So, the board of adjustment items will be on um at a hearing at April 28th. So, people can still attend that for the final decision. And the city council will probably be May 4th, 18th in that time frame somewhere there. Um just check the the the city website um if they for further action. So, again, if someone was nervous about coming today because of the weather, they'll still have the additional time to give input. All right.

Is it April 28th and May 4th and May? probably be May 18th. May 4th would probably be to set the date of hearing for some of the actions and then May 18th would actually be the action items. The encroachings would be May 4th. Okay. Oh, okay. National Guard will be on for May 4th. Okay. When we get to there, I will say May the 4th be with you. So, okay. Uh, thank you for that. Um, motion to adjourn. So moved. So moved. Second. Second. All those in favor I see you next month.