Planning, Programming & Zoning Commission - Regular Meeting

It is 400 pm and I will call this meeting to order. Uh first up uh we need to get an approval of the January 13, 2026 agenda. Make sure you approve the new one. [snorts] Commissioner do not. Uh, I move that we approve the updated agenda for this meeting. Second, Sherk. All right. Um, is there any discussion? Hearing none. All those in favor of approving the agenda signify by saying I. I. I.

Any opposed? Motion carries. Uh, next up, uh, when someone's comfortable, I'll entertain a motion to approve the minutes of the regular meeting on December 9th, 2025. So moved. Showberg Rucker will second. All right, there's a motion, a second. Any discussion? Hearing none, signify. All those in favor of approving the the minutes signify by saying I. I. I.

Any opposed? Motion carries. Uh, next up, uh, I will entertain, um, oral presentations on non-aggenda items. Um, for those of you who wish to speak on a non-aggenda item, uh, come to the microphone, state your name and address. Um, also don't forget if fellow commissioners, please, uh, state your name and speak into the microphone. Anyone want to speak on non-aggenda items? Anyone on Zoom that would want to speak on a non-aggenda item? Nobody out there. Nobody. No takers. It's quite a bunch. Doesn't have to. Yeah, exactly. Right. Yeah, he's too busy. Oh, yeah.

He's He's got his work to do. Um, new business here. Uh, the time is 4:01 p.m. and a hearing is scheduled at this time for a request by Zidco Investments LLC. Pardon if I butcher that. for a site plan amendment to allow for up to 200,000 square feet of phase 2 and phase three expansions in the M2P planned industrial district located at 4050 Lever C Road pages 8 through 17 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 all properties within 250 ft of the proposed site plan amendment are currently owned by the city of Wateroo. Therefore, no notice letter was sent. Could we have a motion to receive and place this notice on file?

Do not so moved. Second hearing. All right. Um, all those in favor of correction. There was notice in out. So she for there was a notice in out. So there was there's like four property owners in the area. So or actually more than that. Nine. Okay. So to be on record, I will next the all property owners within 250 ft.

Get this right real quick. Okay, this will be updated. Um, file a statement of verification signed by Alyssa Little stating, "I, Alyssa Little, do hereby certify that a notice was sent to all property owners within 250 ft." Do we have a date on that? Um, it was I should know how I sent it out. December 31st. On December 31st. Okay. So, do not so move. Okay. You second. All right. All those in favor of uh receiving and placing this notice on file signify by saying I. I.

I. Any opposed?

Motion carries. Uh staff report. This is Tamala with staff. The request um site plan amendment to the M2P plan industrial district to allow up to 200,000 square foot of phase 2 and phase three expansions. The request to allow up to 200,000 square foot of phase 2 and phase three expansions would not appear to have a negative impact upon the surrounding area as it would appear to be compatible with other industrial development in the area. The proposed site plan amendment would not appear to have negative impact upon vehicular or pedestrian traffic conditions in the area as there is an existing manufacturing/offarehouse facility. The site is served by Levery Road which is a collector street. The site is zone M2P plan industrial district and has been since the adoption of ordinance 4077 on March 13, 1995 when it was reszoned from A1 agricultural district. Uh to the north is Waterlue Regional Airport and Farmland Zone M2P Plan Industrial District. To the south um Waterlue Regional Airport and Farmland, I believe that's incorrect. Um re and farmland re farmland zone MTP Plan Industrial District. Um to the east, Waterlue Regional Airport Zone MTP uh plan industrial district. and to the west residences and agriculture zoned in the city of Cedar Falls, M1 light industrial and A1 agricultural. There are no recreational trails located near the site and no sidewalks in the area. The site is indust there is industrial development built into uh 2023 and 2024 to the north and south of

the property in question. There are no schools located within the vicinity of the request. No portion of the property is located within a special flood hazard area as indicated by the flood insurance administration's flood insurance rate map. An easement vacate request was approved by council on August 4th, 2025 for the site in question with the condition that a drainage easement be required to be dedicated at the time of development and shown in the site plan. Uh which to our records has not been completed. There is a there is a 8 inch and 12 inch water mane along Levery Road and Hyper Drive and a 60 foot wide sanitary sewer drainage and utility easement exists on the west property line along with a 10-ft wide drainage easement on the north property line and a 10-ft wide utility easement on the south property line. Among other purposes, the M2P plan industrial district aims to provide greater flexibility and divers diversification of land uses and building locations. Therefore, the site plan amendment meets all the requirements of the zoning ordinance. Um, the applicant is proposing to build up to a 100,000 square foot phase 2 and an up to 100,000 square foot phase 3 expansion located in the M2P plan industrial district located at 4050 Levery Road. The site plan indicates that it would be up to a total of 200,000 square foot phase 2 and phase three depending on the fire access route requirements which could alter the dimensions of the phase 3 expansion and the setbacks. The previous site plan amendment for the property uh in question was approved by council on June 7, 2021 which included a 30,000 square foot phase 2 expansion for the applicant is looking to expand beyond the approved square footage which is the reasoning behind the site planning request today. The request would not appear to have negative impact

on the surrounding area or traffic conditions in the area. The applicant has indicated that phase two and phase three are additional warehouse space. Therefore, the parking requirement would remain the same from the previous site plan amendment approval as there is no increase in office space. However, if the employee count increases, the parking requirement is one space for each two persons employed a maximum shift. According to the elevations, phase 2 and phase three expansions will be 32 foot tall and will match the existing building. The future land use map designates this area as industrial. The request is in conformance with the future land use map and the comprehensive plan for this area. Therefore, staff recommend that the request by Zidico Investments LLC for site plan amendment to allow for up to a 200,000 square ft of phase 2 and phase three expansion expansions expan expansions located in the M2P planned industrial district located at 4050 Ley Road be approved for the following reasons. The request is in conformance with the comprehensive plan and future land use map for this area. The request would not appear to have a negative impact upon the surrounding area and would be compatible with surrounding development and with the following conditions. A drainage easement being required to be dedicated at the time of development and shown in the site plan and two that the final site plan meets all applicable city codes, regulations, etc. including but not limited to parking, landscaping, screening, drainage, etc.

Thank you. Are there any questions from commissioners for staff? Nope. Uh, is the applicant here? Uh, if you wish to come up, speak, state your name, address, um, maybe just a little bit of what's going on, but looks pretty straightforward.

Yeah. Yeah. Thank you very much. Uh, commissioners, my name is Nick Tyber. I'm president of St. Martin Land Company, aka Zitico Investments LLC. uh in 2021 we finished a uh uh you know the large CPM project and uh the good news is uh it looks like we're ready to expand that facility by well nearly doubling it in size to be used for additional warehousing advanced manufacturing and uh order fulfillment activities. So uh we're the landlord CPM is the tenant and we're uh long-term partners and excited to continue to grow in water. All right, any any questions for the applicant? Any questions for us? Did he give his address? Did you give your address? Oh, yeah.

My uh home address is 4925 Kylie Court, uh Cedar Falls, Iowa. Uh okay, perfect. Yeah, thank you. Y I don't think anyone has any questions here. Thank you for coming over, though. Thank you. Uh are no questions, comments. I'll entertain a motion to close the public hearing. So moved. Shberg second. Sherk. Thank you. All those in favor of closing the public hearing signify by saying I. I. Any opposed? Motion carries. Uh, next up, I'll entertain a motion on the agenda item.

This is Shelberg. I'll make a motion that we approve the request by Zedco Investments LLC for site plan amendment to allow for up to 200,000 ft of phase 2 and phase three expansions located in M2P Planned District located at 4050 Levery Road with the following conditions. One, a drainage easement being required to be dedicated at the time of development and shown in the site plan. And two, that the final site plan meets all applicable city codes, regulations, etc., including but not limited to parking, landscaping, screening, drainage, etc. Do not second. Thank you. There's 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. Next up, we have a request by Matt Bolan on behalf of PCI for a special permit to allow for a rubble fill site in the M2 heavy industrial district located east of 3328 to 3488 Wagner Road, pages 18 through 25 in your packet. This door for staff, this is special permit to allow for a roofill site. The request um to allow a rubble fill site would not appear to have a negative impact on surrounding areas as it would be compatible with other industrial development in the area. Pro special permit would not have a negative impact vehicular or pedestrian conditions in the area. The site is served by Wagner Road which is a collector street. The site is zoned M2 heavy industrial district and has been zoned site since zoning ordinance the adoption of zoning ordinance in 1969. surrounding land uses under zonings. To the north, industrial and vacant land zoned M2, heavy industrial district and M1, light industrial district. To the south is industrial zoned M2, heavy industrial district. To the east is industrial and vacant land zone M2 heavy industrial district. And to the west is industrial Wagner Road in the Waterl Regional Airport zone M2 heavy industrial district and M2P planned industrial district. Portions of the property are in zone 800-year flood plane. A small portion of rubble field site is located in the 500-year flood plane. And large ports of property are loading a floodway as indicated um by the federal insurance um rate map. Community number 190025 and panel number 0186F dated July 18th, 2011. Rubblefield site is not located in the floodway and no rubble will be allowed in the floodway.

The rubble field can um rub can be made up of material or refu such as dirt, rock, stone, brick or similar organic material. Um the applicants are requesting a special permit law for a rubble site. The site in question um has portions that are in the above 100year flood plane and floodway. However, the area for the rubble fill site being proposed is not in the floodway or 100year flood plane. Um the the section of the property that will be filled in has been used for sand extraction for many years and will be filled in to make level to the surrounding land approximately um 117,145 cubic yards of fill. Therefore, staff recommends that the request by Matt Bolan on behalf of PCI for a special permit to allow for Robill site at the M2 in the M2 heavy industrial district located east of 3328 to 3488 Wagner Road be approved for fine reasons. request not appear to have a negative effect to surrounding area and would be compatible with surrounding development with the following conditions that there be no um fill in the floodway.

Thank you. Um any questions for staff? [snorts] What does this what does this rubble fill site look like after the rubble has been filled or is this going to be an ongoing thing for years? I'm assuming built. Um, it will be basically just turf put on top of it. So, it look like any other land in the area and it should be I'm guessing it's going to be filled pretty quickly because from what I understand um it'll be the final resting place of Crossroads Ball. Oh, wow. Well, that answered my question. Um, so there there won't be any asbestous in that.

No, that that's already been abated. Yep. Okay. Um, any other questions for staff?

Is uh the applicant here or no? Okay. There's no further discussion, then I'll entertain a a motion on the agenda item. I move that the request, this is Euing. I move that the request by Matt Bolan on behalf of PCI for a special permit to allow for a rubble fill site at the M2 heavy industrial district located east of 3228-3488. Sorry, let me repeat that and just make sure I got the right numbers. 3328-3488 Wagner Road be approved for the following reasons. The request would not appear to have a negative impact on the surrounding area and would be compatible with surrounding development and with the following conditions. That there be no fill added to the floodway.

Second, Schaefer. Thank you. There's a motion and a second. Is there any discussion? All those in favor of approving the agenda items signify by saying I. I. Any opposed? Motion carries. Uh next up, uh this one, we should have some updated supporting materials, but it'll be a request by the city of Wateroo to vacate an approximately 74,44 square foot platted easement located west and north of 2320 West airline Highway to allow for future development. Pages 26 through 32 in your packet. Well, some of it.

This is Galman with staff. So, as stated, this is a request uh for a vacation of approximately for 74,44 square feet of platted easement. The request to vacate a portion of the platted easement would not appear to have a negative impact on the surrounding area as it will allow for better better utilization of the lots the easement is located in. Uh the area in question has been zoned M2P planned industrial district since October 196 1996 when it was reszoned from the M1 light industrial district surrounding land uses and their zoning designations are as follows. To the north is vacant land in the airport zoned M2P planned industrial district. To the south is west airline highway, a railroad and some businesses zoned M1 light industrial district. To the east are businesses and vacant land zoned M2P planned industrial district. To the west is Kagra Foods zoned M2P planned industrial district. Uh the surrounding area consists of the industrial development built between 1997 and 2011. Uh the majority of the easement is uh to be vacated is located within a 100red-year flood plane as indicated by the federal insurance uh flood insurance rate map. U there are no utilities in the portion of the easement that will be vacated. There are uh utilities including water main and sanitary sewer uh running along West Airline Highway. The city is requesting to vacate approximately 74,44 square ft of platted easement. The easement was for a rail spur that was never put in since it was never used for a rail spur and there are no utilities in the portion of the easement that is being requested to be vacated. The city

has no need to keep this easement. Vacating the easement will allow future development to fully utilize the land. The technical review committee had no concerns about this request. Therefore, staff recommends that the request by the city of Waterl to vacate approximately 74,44 square foot platted easement located west and north of 2320 West airline Highway to allow for future development be approved for the following reasons. One, the portion of the easement to be be vacated is not needed and contains no utilities. Two, the request is in conformance with the comprehensive plan and future land use map for this area. And three, the request would allow for better utilization of the land.

Thank you. Uh I I'll start out with a question here. Commissioner Lico, uh is there current encroachment agreement on any of this area to be vacated? Because I see that a portion of it looks like it goes over a parking lot for the one building. No, that that portion was actually vacated. Um, but it was so it will it's been taken out as far as the square footage goes. Okay. Yeah. I like dodging surprises. Yep. [laughter] Um, any other questions for staff?

Yeah. Um this is uh do not um I was just wondering about the extra um supporting materials you were talking about because I don't remember receiving the extra materials. So the update was just updating that square footage. Uh we had a smaller square footage than what that was part of the agenda. Yeah, I got the agenda. Yeah, that was the updated. It's just the wrong number then. Okay, that makes sense then. Okay, any other questions? Thank you. Is that property owner looking to to expand soon or is it just in case they want to in the future?

There is plans for the I mean they are there is be they are looking for development of it. So yes it is an ongoing project. All right. Good. Um I think we can entertain a motion on that. Then this is Commissioner Sch. Uh, I make a motion that we approve the recommendation or sorry, we approve the request by the city of Waterlue to vacate approximately 77,44 square ft of platted easement located west and north of 2320 Westland Highway to allow for featured building. Second. Sure. All right. There's a motion and a second. Uh, any discussion?

Uh, hearing none. All those in favor of approving the agenda item signify by saying I. I. I any opposed? Motion carries. Um, is there any further discussion? Quiet bunch. Probably ready to go enjoy these last couple warm days here. We got last moments of sunshine. Yeah. All right. Uh, motion to adjurnn then. So moved. Shberg recorder. Second. All those in favor signify by saying I. I. I