Planning, Programming & Zoning Commission - Regular Meeting

It's 4 pm. I will call this planning program and zoning commission meeting to order. Uh first up, we need an approval of the May 12th, 2026 agenda. Uh please note the last item B1 is um basically it's been something that's been tabled once before and I think we've heard most of the staff report on it. Oh, thank you. M Rucker second. All right, there's a motion, a second. All those in favor of approving the agenda signify by saying I. I.

Any opposed? Motion carries. Next up, uh when somebody feels comfortable, I'll entertain a motion to approve the minutes of the regular meeting held on April 14th, 2026. I wonder if the hail storm was described. That's crazy.

This is Shaper with a motion to approve the minutes from April 14th. Do not second. Thank you. There's a motion and second. Any discussion? Hearing none. All those in favor of approving the minutes on the of the regular meeting on April 14th signify by saying I. I. I.

Any opposed? Motion carries. Next. At this time, oop, sorry. We will allow people to come up to the podium and speak on non-aggenda items. Um, if you do come up to the podium to speak on a non-aggenda item, please state your name and address and uh try to stay under five minutes. Anyone on Zoom? Okay. Uh, we'll get into new business. First up, we have a special permit request by KMBB property Rentals for a special permit to allow for 7,447 cubic yards of Clean Hill in the M2 heavy industrial district located at 1850 West Airline Highway, pages 11 through 25 in your packet.

This is Gman with staff. As the request to replace clean fill on the property at 1850 West Airline Highway would not appear to have a negative impact on the neighborhood as the area is used for industrial purposes. The proposed special permit to allow for a clean fill would not appear to have a negative impact upon vehicular or pedestrian traffic in the area. The site is served by West Aland Highway, which is a minor arterial. Uh, the area in question has been zoned M2 heavy industrial district since the adoption of the zoning ordinance in 1969. Surrounding land uses and their zoning designations are as follows. To the north is industrial uses and vacant land. Zoned M2 heavy industrial district. To the south is industrial land. Zoned M2 heavy industrial district. To the east is industrial land and amusement facilities. Zoned M2 heavy industrial district. And to the west is industrial uses and vacant lands on M2 heavy industrial district and M2P planned industrial district. Uh a SWIP plan will be required by the engineering department. The entire property is located within a special flood hazard area and a portion of the property is also in the designated floodway as indicated by the Federal Insurance Administration's flood insurance rate map. Uh the BFE on the property is 863.4 ft. No fill will be allowed to be placed in the floodway and the submitted site plan shows the field going up to but not into the floodway. The applicants are not looking to subdivide the property at this time. There is a 12 in 12-in water man and a 10-in sanitary sewer line running parallel to the west property line and a 20ft utility easement on the property. There's also a 12-in sanitary sewer line running parallel to West Airline Highway at the front end of the property as well

as a 12-in water man running in the public rideway of West Airline Highway. The zoning ordinance requires that a special permit must be approved when placing fill that is greater than 25 cubic yards unless it is part of an approved development plan. Since the applicant is proposing to place 7,447 cubic yards of fill and does not have a finalized development plans, the special permit is required. The applicant is requesting the special permit to allow for 7,447 cubic yards of clean fill to be placed on the property addressed as 1850 West Airline Highway. The fill is being added to raise portions of the property uh to be above the base flood elevation. The flood plane requirements require the lowest elevation of a new building in the flood plane to be 1 foot above the BFE. The Phil will raise the elevation to be 1 foot above the BFE which is 863.4 ft. The applicant will be raising the elevation on the portion of the property shown on the site plan to prepare for future development. Phil will be placed on uh 0.92 acres of the property. The plan states that a minimum of 8 in of top soil will be placed in all disturbed areas that is not paved. There is a utility overhead utility line that runs through the middle of the area uh that is proposed to be filled. The line only serves two existing parking lot lights which will be removed. Uh there is an asphel asphalt parking lot in the floodway and part of the area that where the fill will be placed. The applicant would like to keep the asphalt in the floodway uh to possibly use it as access to the northern part of the lot. The applicant has stated that he would like to just fill over the asphalt rather than removing it before placing fill, but would remove it if required to

do so. Staff is concerned that if fill is placed over pavement areas without removal of the pavement, it could hinder future development on the site, particularly any development that might occur several re years from now, potentially by a new owner who would not know about the buried pavement. A flood plane development permit will be needed after the special permit is approved before the applicant can start placing fill on the property. In the technical review meeting, the engineering department noted that they are not in favor of the applicant placing fill over the top of the existing hard surfacing on the site as it will lead to multiple issues, including creating an impermeable layer that would cause issues with water drainage through the fill and affecting how the fill settles. This property is designated as industrial on the future land use map, a component of the comprehensive plan. This request is in conformance with that designation. Therefore, staff recommends that the request by KMBB property rentals for a special permit to allow for 7,447 cubic yards of clean and M2 heavy industrial district located at 1850 West Airline Highway be approved for the following reasons. One, the request is in conformance with the comprehensive plan and future land use map for this area. Two, the request would not appear to have a negative impact on the on traffic conditions in the area. Three, the request would not appear to have a negative impact on the surrounding area and would be compatible with the surrounding development and with the following conditions. One, that no fill be placed in the floodway and the applicant's engineer shall stake the limits of the floodway prior to the placement of any fill. Two, that a flood plane development permit be approved before placing fill in the flood plane. Three, that any pavement or hard surfacing in the area to be filled be removed prior to the placement of any

fill. Four, 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?

Yes, this is Commissioner Dun. What's the difference between between rubble fill versus clean fill. So, what's how is that the two things different? This is Anderson with staff. I was waiting to see if Eric was getting up. So, um so there's all kinds of uh rubble that can go in there. Uh clean fill is generally just dirt. Um there's obviously different kinds of dirt fill, but um and then rubble fill could have uh pieces of brick, concrete, things of that nature. So looking at how it's broken up and and looking at the ability to build over it in the future um determines what types of fill we like to see for the purposes of the fill.

Okay. Thank you. All right. Uh any other questions for staff? Uh is is the applicant here? Come on up. State your name and address. Maybe describe a little bit about what's going on. There's a microphone right there.

Yeah, I'm Brandon Ballinger. I'm owner of K&B Property Rentals. We bought that property out there and we're just renovating it. Um, so yeah, our goal is to add more buildings out there at some point. Um, both in the back and in the front. We don't have any plans finalized yet. We just want to be ready to pull the trigger when that time comes. Um, and with the seasonality of, you know, getting Phil out there right now, there's people out digging basement and whatnot. So, we've got Phil ready to go once we get the go ahead. Um, so yeah, we that's why we kind of want to go in the back and the front so that when we decide which place we're going to go first, it'll be ready to go. All right. Uh, any questions from commissioners for the applicant?

We do have it staked out the floodway limits. It's all staked out, ready to go. and you're you're ready to go as far as making sure some of that hard surface parking that would be under it is getting removed and stuff because Yep. We have skid loaders and dump trucks and all that so we can have all that out of there. No problem. Thank you. Yep. Um well I don't think we have any other discussion on that. Uh does anyone want to make a motion? I have a question. Okay. So the re, if I'm understanding this right, the recommendation is is if they want to fill, they've got to break up the existing paving so that it can drain properly.

Okay, that's correct. Yep.

And he said he's got a skid loader ready to go on that. So, uh, cuz definitely being a concern as far as building a structure on that. If if the fill isn't put in there right and it doesn't settle right, then the buildings that are on that are not going to end up being right. So, um, okay. Nothing else and I'll entertain a motion. I'll make the motion, but um I forget from time to time. We only do this once a month. When I make the motion, do I read all of the um reasons and the exceptions or just the reasons? Uh definitely the um

the conditions. You have to read those for sure.

Okay. All right. All right. I make a motion that the request by KMBB Property Reynolds for a special permit to allow for 7,447 cubic yards of Cleanill in the M2 Heavy Industrial District located at 1850 West airline Highway be approved for the following reasons. The request is in conformance with the comprehensive plan of future land use map for this area. The request would not appear to have a negative impact on traffic conditions in the area. 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 no fill be placed in the floodway and the applicant's engineer shall stake the limits of the floodway prior to any placement of fill. That a flood plane development permit be approved before placing fill in the flood plane. That any pavement or hard surfacing in the area to be filled be removed prior to the placement of any fill. that the final site plan meets all applicable city codes, regulations, etc., including but not limited to parking, landscaping, screening, and drainage, etc.

Do not second. 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. Next up, we've got a request by the by Hope City Church for a special permit to allow for a religious facility in an existing building in the C3 Central Business District located at 191 West Fifth Street, pages 26 through 42 in the packet.

This is Tamala with staff. The request would not appear to follow the goals and objectives of the city of Waterl downtown master plan from 2000. Um said plan prioritizes redevelopment of riverfront sites from one-story buildings to multi-story mixeduse development options. The central business district of the city which is designed and intended to accommodate the variety of retail stores and related activities which often occupy the area within the central business district has been under a riverfront renaissance reformation since 2004. The rehabilitation of the suburban design singlestory building with surface level parking for a proposed religious facility would not appear to be the highest and best use of a highly visible downtown block along the Cedar River riverfront. The proposed special permit would not appear to have a negative impact upon vehicular or pedestrian traffic conditions in the area, but the proposed use would appear to be deficient on parking, which could lead to traffic issues. The area is served by West Fifth Street, West Sixth Street, and Commercial Street, and is near a commercial parking ramp. There's a sidewalk along Commercial Street, West Fifth Street, and West Sixth Street that abust the property in question along with the trail on the other side of West Sixth Street. The river the riverfront renaissance plan constructed the riverloop system from first to 18 streets connecting downtown waterlue into into the 120 plus mile system of recreational trails in the Cedar Valley area. The property in question is zoned C3 central business central business district. According to ordin ordinance number 4811 on May 8th, 2006, the property in question was reszoned to C3 central business district from CP plan commercial district. Prior to that property in question was reszoned from C3 Central Business District to CP Plan Commercial District on October 25th,

2004 for a planned casino development. This site was one of one of three sites competing for a new casino which the Iowa Racing and Gaming Commission awarded to the Isisle of Capri Casino in the East Shaw Road area. The property was reszoned back to C3 Central Business District. The surrounding land uses and their zoning are as follows. To the north, east, west, and south, commercial uses on C3 Central Business District with the Cedar River located to the northeast. public parking ramp to the northwest and the Russell Lamson experienced waterlue and other commercial uses to the southwest. The building in question is located in the zone X protected by levy flood hazard area as indicated by the Federal Insurance Administration's flood insurance rate map which is not a regulated flood ha flood hazard area. A portion of the parking lot is in the zone AO shallow flooding flood hazard area. There are no easements on the property in question, but the site is served by all utilities. A religious facility is allowed in the C3 district upon issuance of a special permit. Uh the special permit review process set to analyze the land use for the site and impact of the use in relation to its surroundings. The commercial uses and buildings in downtown Waterlue have been developing for over a century. The riverfront renaissance plan in 2004 started to bring people back to the river as a goal for changing large portions of downtown water prioritizing the Cedar River as a greatest natural asset and working to reclaim so many sites which were industrial buildings or buildings not the best land use options for a riverfront site. The applicant is requesting a special permit to allow for a religious facility in an existing building in the C3 Central Business District located at 191 West Fifth Street in the former Wells

Fargo Bank building. The reason this request would go before the planning programming and zoning commission and board of adjustment is because the zoning ordinance requires religious facilities to obtain a special permit to allow for operation in any zoning district. The development administration of this ordinance is based upon the division of the city into zoning districts within which districts the use of land and buildings and bulk requirements and location of buildings and structures in relation to the land are substantially uniform. There are certain uses due to unique characteristics cannot be properly classified and require special permit. According to the proposed project, the first floor will consist of a 5800 square foot worship center and six kids city classrooms, 4700 square ft, along with offices, storage, restrooms, and a circulation and welcome/copy area. The basement floor will have additional storage and circulation area with nine youth classrooms, which is 4,600 ft², and 10 admin/ adult classrooms, which is 2400 square ft. There are 53 parking spaces including two ADA compliant parking spaces according to the proposed site/design plan. The existing 53 parking spaces will remain along with 36 new parking spaces after the existing exterior canopy structure is demolished which was previously utilized by the Wells Fargo Bank as a drive-thru and ATM service and will be replaced by the proposed new parking spaces. A total of 89 on-site parking spaces is proposed. The applicant also noted there are 16 on street parking spaces on both sides of Commercial Street in addition to nine on street parking spaces on West Fifth Street abudding the site in question for a total of 25 on street parking spaces. The applicant has inquired about the ability to lease parking spaces from the adjacent city parking ramp, but no details have been worked out at this time.

The C3 Central Business District can allow for no parking. However, an assembly such as a church would typically require one parking space per four persons of maximum occupancy of the sanctuary. The occupancy has not been determined yet by the building official, but based on the approximate occupancy being 400 people on the proposed site plan, the parking requirement could be as high as 100 parking spaces. The reuse of the previous wall of Saf Fargo Bank building as a religious facility would not be in conformance with the riverfront renaissance plan which aims to promote economic development along the riverfront for redevelopment of riverfront sites in downtown Waterlue into retail service and other related downtown businesses. The downtown master plan in 2000 began to prioritize land use and planning due to the emergence of the highway 63 corridor redevelopment, the tech works campus development, the redevelopment of the convention center, and the plans for the riverfront renaissance. The goals of the two-way conversion started with Sycamore and Lafayette with plans for fifth and sixth. The city of water is applying for a safe streets for all grant for the conversion of fifth and sixth streets in in the downtown in downtown water. This site could be impacted by such a conversion. The riverloo brought 120 plus miles of trails connecting to downtown water. The youth pavilion addition expansions to the grout inflatable dam amphitheater. The Hawkeye building sports and public markets have all followed the plan. The plan further emphasizes the commercial street revitalization into uses to bring economic development through residential density and storefronts. It emphasizes and prioritizes riverfront redevelopment, bringing people back to the river through multi-story mixeduse development. The blockbyblock sketches updated in 2018 and 2020 show additional infill locations including new construction on

the surface level parking lot on the site. The Wrath redevelopment plan from 2001 further emphasized the redevelopment of riverfront sites leading to the river trail between 8th and the railroad tracks and recent initiatives by the city to demolish industrial buildings along the riverfront. If this request is approved, it should be subject to the condition that the building be brought up to building and fire code. Waterlue Fire Rescue noted at the tech review that a change of use would initiate a code review by an architect to bring the building up to code and require the sprinkler and alarm systems to be updated. The future land use map designates this area as commercial. The request is in conformance with the future land use map for this area, but the economic development goal number two pushes for promoting policies and programs for upper floor residential. Therefore, staff recommends that the request by Hope City Church for special permit to allow for a religious facility in existing building in the C3 Central Business District located at 191 West Fifth Street be denied for the following reasons. The rehabilitation of a singlestory building with a surface level parking lot would not appear to meet the downtown master plan. The proposed project will not appear to be the highest and best use for riverfront site with the riverfront renaissance goal of bringing people back to the river with multi-story mixeduse buildings. The proposed project would not appear to be in conformance with the blockbyblock maps of the downtown master plan. The proposed project would not appear to meet the purpose and intent of the C3 central business district and the comprehensive plans economic development goal number two to bring upper floor residential redevelopment opportunities and means to provide vibrancy to the central business district.

Thank you. Do commission do any commissioners have questions for staff? I've got one. Commissioner Loha. Is there a potential another potential buyer that is looking at building on that site? This is Anderson with staff. I'm not aware of anyone actively with a listing on it. Um, other developers have looked at the site, but I don't believe anyone else has offered any funds. Okay. Thank you. Um,

I I I have another question. So, based on what he just said, and he reads faster than I can flip pages. So, um the plan is on the upper floors to make it residential. That's the goal. That would be for So, what's up with So, what's up with the It would have to comply with fire department regulations. Why did Why did that come up? Um, from from my experience, and correct me if I'm wrong, uh, Eric, when it gets to a congregating space like that, then you're looking at sprinklers.

Eric Trader, city planner. Yes. Anytime you have a change in occupancy classification, whereas this one would be going from a class B to a class A. That requires a architect review, and there are different building codes that will apply. Okay. So, there will be um code modifications required even if they were making no modifications inside the building, which I'm sure they will be making modifications, but regardless, change of the use classification requires that uh code review. So, so to go from a bank classification commercial to a assembly

assembly would require an upgrade in the fire protection. Correct. Uh, any other questions from commissioners? Is the applicant here? Come on up. State your name and address, please. Jim Trrellell with Envision Architects. Um, I am an architect that they have brought on board. Um, um, Eric, let me get my name so we can get out the way. Quadis Marshall. Um, Waterlue, Iowa. 1248 Partridge Lane, Wateroo, Iowa, and lead pastor of Hope City Church. Can you hand it out to the people up front there?

All right. Thank you uh for the opportunity to be here. Um I'm going to give you guys a minute here for Eric to finish handing these out. Uh so I would like to make sure that um you know we we address some of the things that were brought up in the staff report. Uh as it goes as it deals with parking. Uh that is correct. There are 53 parking stalls on the current site. Uh we have shown that we can add 60 or 36 stalls uh to the current site which does leave us at a little bit of a deficit based upon the assumption that there would be 100 required. um to update some information. Uh um the church has worked out a verbal agreement with the city uh for parking in the parking ramp which currently on Sunday mornings especially is vastly underused. So it would kind of be a win-win there. It would offer uh off- streetet parking for the church and it would also offer offer income uh for the city uh at a time when they're not receiving anything out of the parking ramp or at least very little out of the parking ramp. Um and again, yes, there are nine parking stalls on fifth uh directly in front of the church and uh 16 along commercial that would be available. Uh and and while while uh fifth and commercial are on street parking and do not count towards the available totals, um they are local parking uh stalls on street that are intended for C3 uses. Um uh in regards to the Wells Fargo Bank property, uh this property has been on the market for over four years. There have been several interested in parties in looking at acquiring it. Uh but to date, none of those have actually put an

offer in on the property, which uh the Hope City Church is in the process of doing that. Um as another item here, uh the Hope City Church is looking at being a good neighbor. Uh couple topics or couple items on that regard. Uh, Hope City will be a good neighbor to the surrounding businesses and tenants. Uh, they do not in employ church bells or audible exterior calls to prayer. Uh, so there's, you know, a lot of the older churches had bells. I don't know how many of them still in the city of Wateroo still use them and ring them. Uh, that would not be the case down here. So that would uh prevent any audible uh disturbances to the uh public piece downtown. Uh, and then it also provides a religious outlet for people downtown, so they're not having to travel. There are a number of uh lowincome and um retirement uh establishments downtown. Uh, a lot of them have difficulty traveling. This would provide an option for religious services in the downtown area. Uh, regarding code updates, uh, yes, this would be a change of use. Obviously, we would run through with the building department a full code review of the property, make sure that everything is up to snuff. It would include life, safety, all the different building codes. And, uh, we are aware that yes, changing from a business occupancy to an assembly does require uh, sprinklers to be redesigned. And uh just even with walls, new walls going in, that requires sprinkler heads to be adjusted. Uh we're also aware that the fire alarm control panel is a bit outdated. So that would also have to be

updated as well. At the same time, um the skipped an item on my list there. Um uh regarding other potential uses. So, uh, this is the the, uh, pamphlet that I handed out to you there. Um, if you want to look at pages 64, 65, and 66, if you look at the number on the bottom of the pages, um, that's out of the city of Waterlue zoning ordinance. Um, so there is a list of uses that could go into this building tomorrow that would not require a special use permit and those uses could tie the building up indefinitely and would not have to go through this process that the church is having to go right now through. So, uh, also on page 78 and 79, there are additional other uses. And I'm not going to say that one use is more egregious than another, but there are several uses that could happen down there tomorrow like a lumber yard and city staff, uh, this committee cannot stop them from moving in there. And I think a lot of these occupancies could be far more detrimental to downtown than a religious f facility. Um, and while it is pointless to discuss any number of whatifs, um, there are a number of options that again really could tie this property up indefinitely. Um and then if you look a little bit farther in that packet that I handed out, uh pages 185 to 186, uh so chap or document 10, chapter 28, um section 4,

uh is in regard to special permits and the board of adjustment. Um, and you can see the letters A through I think F that are all highlighted. And that is the list of standards that city council approved in 2011 for the approval and or denial of a special use permit. So, one of the things that you will not see on there is it goes along with the city's master plan. So, yes, I think that a master plan for the city is a wonderful thing. I think it's great as as investors and developers are able to move in and do things to improve downtown and the waterfront area. But holding up a church from moving into a C3 district because it doesn't fit with the master plan is not one of the approved options for denying a special use permit. So, I'm going to step aside and allow Pastor Q to talk today.

Uh, first let me start by saying thank you for your time. Greatly appreciate it. Uh, I understand you guys are taking time out of your lives to do this. Uh, thanks for hearing our case as it relates to moving into the Wells Fargo building. Um, a little bit to what um, Jim alluded to is that our heart is to be a good neighbor. Our church has been uh, in our community for over a decade now. I am born and raised in this city. I've spent my entire life here. I love this place. I love the people of this community, which is why we started a church in our community, which is why we didn't start our church somewhere outside of our community, but to the heartbeat of our community. If your heart is healthy, your body is healthy. Uh is not missed on any of you. Some of the things that take place in our city that a number of organizations and and agencies are seeking to combat. We're we're a part of the solutions, how we see ourselves. um for us as a as a church um in our water location that's just right down the road actually from this facility um it's just run out of the ability for us to continue to do the kinds of things we do as an example as a church we will give out a 100,000 pounds of food this year to our community to people who will not have food 76% of our kids are on free and reduced lunch I I don't see how that that's not beneficial for the overall health and wellbeing of our community not to count the countless groups that we have as it relates to to marriages and and children in foster care and people dealing with addictions. The the point I'm getting that is that there are multiple um various ways that we're trying to um create a more beautiful better Cedar Valley as it relates to the plan which is a beautiful plan. It's a great plan that started 20 years ago and we all know things change. We adjust. We find ways to fulfill our goal. I think that we could be a viable partner in that plan considering that if we are able to purchase this building, get the special permit that we will have

on any given Sunday up to 800 people in the heartbeat of our city. I don't see how that could be a bad thing for the businesses in our city. I imagine if I asked Doy Joy, would you like the opportunity to serve 800 people every single Sunday or Basil Pizza or any of the number of establishments in our local community? I I think it's a benefit number one. Number two, that's the business area and this is where money comes in. Um it is a beautiful beautiful work we've done in our downtown area. Um man, I'm I'm just asking for the opportunity to bring more people into the heart of it. It doesn't hinder the trail that we built. It gets more people on the trail that we built. The splash pad across the street, the the library right down the road. I I I um I understand the need, the desire to hope that someone buys the building and builds a multi-layered facility on it. I get it. Um my mama had these sayings. One of our sayings was a bird in a hand is worth more than two in the bush and we would love the opportunity to continue to contribute to the overall health and well-being, the upliftment of our beautiful city. Thank you so much for hearing us and we are open to any and all questions, please. Thank you.

Um I have a quick question. Um would um the idea be to leave the building that you're in over by East High right now and occupy this one solely or occupy both buildings? Yeah. So, one of the that's a great question. Um, I'm going to give a little color so it'll make sense kind of our decision-m process. Um, in addition to a local congregation, we have a um an additional not for profit um um called a dream center. Essentially, it's an outreach hub. So, I mentioned earlier that we give out about 100,000 pounds of food this year. We'll do that. In addition to that, we will feed um so far we fed I think almost 3,000 people just since the beginning of the year. And um that facility has a kitchen in it. And so we'll continue to offer our feeding programs in that facility as well as some after school programs. Now there's a little bit of change coming with um the birth of the new the new school and in East High School becoming a middle school. So some of the access we had to some of the high school students who were on reduced lunch will change a little but we will we would love to be able to operate um as much as we can out of that facility and the new one for the time being as as long as we can. um but also open to other opportunities and possibilities as it relates to um that piece of property. Thank you.

Wonderful. Any other questions from commissioners for the applicant? All right. Thank you so much. Thank you very much. Is there anybody else here 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? Come on up. State your name and address.

Bend this up. Ben Peterson, 2139 Grand Boulevard. Um, I think I know some of you in my professional professional capacity. I'm here as a citizen and a member of Hope City Church. I'm not on staff. Um I'm not an active participant in this project, but I have I am a a member um who feels passionate about uh the vision that Pastor Ke is laying out. So I spent most of 30 years uh based out of downtown in my capacity of a firefighter um serving the community. I'm based out of downtown. I know the buildings intimately. I know the chemistry of downtown. uh my family and myself. We eat downtown. Newton's, El Patron, Brown Bottle. I mean, I can list them all. Um I know what it's like during the day. I know what it's like in the evening. I know what it's like in the weekends. Um I also believe in what it's done in the last 30 years. I was here in the 90s. Um and I can attest responded to calls. The building stock has changed. the landscape has changed all for the better. Um, so our church, um, it's it's a a church of action. Uh, you'll see us at parades, you'll see us at parks, you see at community community events, um, school events. Um, we launch out of the building. We don't just stay on a Sunday morning and then leave and go home for the week. And that's the the the the greatness of of what our mission is. That being said, um I think that we could be I heard the word vibrant earlier. Um and I looked that up while we were talking. The definition is pulsating with life, vigor, and activity. And that encompasses our

church. So, uh I would like to appeal to you to consider us to be a part of a vision that was laid before we were actually around. Um, I think we can be a core part of that and a proud part of that and I want to thank you for allowing me to address you. I didn't know I was going to do that until about 30 minutes ago. All right. Just to be clear,

thank you, Mr. Peterson. Um, okay. Is there anybody else that would like to speak on this agenda item or uh can we I think we can maybe go and start working on this as a group, huh? Uh at this time I'll entertain a motion on the agenda item. Do we have to read the motion as written? No. Um but the conditions any conditions that are in it. Um I guess what my question is is the motion is set up to to deny.

Right. And if you don't wish to deny it, then you can make a motion to approve it. But um make sure that those uh if there are conditions in there, definitely include one that uh they follow all applicable city codes. That's fair.

Does anybody else want to make a motion? Do we um can I I have some I have some questions for the city. Um we have to make a motion first, right? We can and then we ask questions. We can and then in the a motion in a second then I will do any discussion and then we can get into it. That's how it works. Okay. Does anybody else want to make a motion? No. Go ahead.

Uh okay. Thinking on the fly. Um, I move that the request by Hope City Church for a special permit to allow for a religious facility in an existing building on the C3 Central Business District located at 191 West Fifth Street be allowed. Um, I don't see any I don't see any conditions here. Um, I'll pull up a reference. It's on page um Oh, we don't have page numbers this time. And then that um

so like in the previous agenda item I said that the final site plan meets all applicable city codes, regulations, etc. including but not limited to parking, landscaping, screening, drainage, etc. Um I can't repeat that, but did you just finish my motion? Yeah. Okay, great. Um so so now we can discuss. So um pardon, we got to have a second on that motion. Oh yeah, that the other part of Robert's rules. Is there a second? Did you second that or? No, he didn't. He was telling me I was correct about Robert's rules. I'll second it. Okay, we have a motion and a second to approve the agenda item. Is there any discussion? Yes.

Yes. I have um some questions uh for the city and some thoughts. Um it does sort of seem to me um after you know reviewing what's in the recommendations and after listening to the applicant and their architect that it does seem to me like the one big blockage here is that um it it doesn't meet the the revitalization plan. Um but that I've I've driven by that building every day for four years as it's been closed and I think that you know it's not a it's not a bad idea to have a church there. And you know, when we're talking about combining two high schools and bringing the city together across the river, having half this church on one side of the river and having half of its operations on the other side of the river is just more evidence that the the city is, you know, healing itself and moving forward. So, I kind of want to hear, you know, what the city has to say about, you know, why why they think that this isn't a great idea.

This is Anderson with staff. So, I don't think any of us are against uh Hope City Church uh looking to invest in downtown Waterlue. Um just we would prefer it would be on a location in accordance with the master plan for the downtown master plan, riverfront renaissance. Um and that would not be a riverfront singlestory building uh site. So, um this is a suburban style uh bank building that was built a long time ago. Um, we've been working to redevelop the riverfront with multi-story buildings and upper floor residential. So, very supportive of of them investing in Waterlue. Um, but we'd like to have a a different location.

Okay. We had uh one discussion from Commissioner Euing. Uh, next up, Commissioner Poe or Voit, I'm sorry. Voit, I have a Yeah, the only question I've got is I know the city's rejecting or is recommending that we turn this down. Um, I don't I mean it's part of this because um other than development, other than as a nonforprofit, we're going to lose revenue from taxes from this.

This is Anderson with staff. So, number one, we don't make land use decisions based on uh financial um motivations. Um that would be uh not allowed in the zoning ordinance. Number two, the city of Waterlue has done a lot of uh economic development projects with nonprofits. Um we recently did a partnership with the food bank and they don't pay taxes either. So no, we're very supportive of our nonprofits and um and helping them to meet the other needs of the city besides uh tax base. is part of the issue with um the revitalization plan. You're worried that if um Hope City Church is allowed to do this that it sets a precedent for other groups or other businesses that may not fit in and then and then you can't say no or what what is what is the harm here?

I mean obviously we have to take each project one at a time as we're looking to redevelop, but you know the block byblock uh planning you know again there's only so many riverfront sites. Yes. And so trying to look at the highest and best land use of each site. Um we're really trying to prioritize the visibility of the riverfront and having those riverfront uh residential units. One of the main goals of of downtown is obviously density um of residential density of businesses fed by that residential as kind of a symbiotic relationship. So um we're trying to again prioritize for the highest and best use of the riverfront sites. What is it that you think the highest and best use is that someone comes in and takes down that one twotory building and puts up something with uh way more stories so that there can be upper level residential? Is that what you're thinking would be more fitting for that site?

That is correct. I think the one of the blockbyb block drawings in there showed a multi-story building on the site. Um so yes, we're looking for the art block type buildings to to be along be along the riverfront. We we further much have a we also have a parking ramp across the street um which would help for a gas specifically multi-story residential to have parking or leaves the building a new building. Yeah, there's different options. Have the opportunity to talk more or is it just amongst you guys? Just want to make sure I know the state of play. I think we're going to keep hashing this out for a second, but Yep.

Okay, so we we we got a whole bunch of other places that buildings can go up. This building's been on the market for four years. It's sitting empty. We Sometimes we want things and we don't get them right away. the and then we talk about a plan that's 26 years old and it says, you know, we want to get people downtown and then when the time comes to get people downtown, well, maybe we don't want those people or something. And I I kind of take issue with it. So, I I think personally, just a note on the 26 years old. So, the last block byblocks were in 2018 and 2020. So, they are updated.

I didn't hear what you first party what we he said the master plan is 26 years old. So the block byb blocks are updated in 2018 and 2020. So we're continuing we actually have monthly meetings for downtown development to to look at these types of land uses. I don't know much about downtown development, but what is the likelihood at this time that someone is going to say, I want to invest in Waterlue so much. I want to come here. I want to I want to tear this building down. I want to put up a big, you know, you know, building like um some of the ones we have that have recently been renovated. I don't I don't see that happening. I I I mean I I stand outside. I don't I don't see city finance. I don't see you know what happens inside. But what what offers have we had? What's the likelihood of that?

Janelle, I do take issue. I mean, because it's evidence, right, with the old Brinkley's Landing and what's happening on Water Street? I mean, if you look at the revitalization of that, how long did that sit? That's true. So, I do um I think this is a difficult decision. I think housing in downtown I think condo redevelopment um whether it's lower income housing I I do think housing is a consideration and I think there is I do take some issue in terms of the length of time that things sit. Um

isn't uh doesn't uh the blacks building master plan that calls for apartments and residential doesn't it? Yeah, the master the blacks building's about to start construction to turn it into a hotel for 120 hotel units and then 26 residential units up above. Yeah. Uh the Century Battery Building on Fifth Street, um they're working to add 19 new residential units into that building. It's it's at empty at least since 2008. And Wrath also, uh the Wrath building will have 88 new residential units. Um those are affordable units. The rest of them are all market rate that we've discussed so far. So question on that. We do have much more residential than we used to now in downtown. Is that all full?

Um the last housing study I've seen was in from 2020. Um and pretty much if you uh fix it up or or sell it downtown, it fills up. Um it's a it's a very positive housing study that included Waterlue and downtown Cedar Falls as well. They both fill up very well. Kristen, can you tell me more about what you know and more about what you're thinking about all this? Well, I just drive I drive by every day and I look at what was Brinkley's and what was Huckleberry's beforehand and what was Schmidt's Telecom. I mean, it takes a while. It does take a while. And what is going in that building on Water Street right now? What I I've driven by it and seen the windows going in and stuff. Residential units.

Oh, it's supposed to I mean, I think the master plan it's supposed to be mixed use um there as well. I Yeah, it's funny that you bring up that building in particular because I reme remember two separate applications for a religious facility in that building. One passed, I think, and the other did not. And the the ultimate clear driver of it wasn't a master plan. It was safety and there was one that was like further up and it the the area that they were talking about using it wasn't it wasn't as safe as the first time. So, it did get shot down. So, um, but the only safety concern we have here is, uh, parking, right? Well, the fire sprinklers will have to be updated. That's a condition. Yeah.

Well, and you further asked about the likelihood. So, you know, Gross, Cedar Valley is is doing a population study um in partnerships with the city of Waterlue, Cedar Falls, and the other metro areas. And, um, it's showing that we need a lot more housing units. Uh, the city of Wateroo particularly um, you know, we had a record-breaking year in permits at 304 million. Normally, we'd be at about 130 million in an average year. um the la going back seven years. So we're seeing a lot more uh permanent activity, industrial, commercial, and residential. Last year we had 267 new housing units. We probably average about 120. Um this year we are at 185 new housing units. Um so with a good chance of breaking 200 with two months to go. So um we are seeing an uptick in all types of uh permit activity.

And when it comes to housing units, you know, these these ones that we're talking about downtown, these are these are all rentals. these are not, you know, property that people can own, you know. So, I I kind of think more apartments, more, you know, so that's that's that's something I'm thinking about about too, but um Jessica, you've been pretty quiet. Um, as far as your comment of what's happening, I'm not seeing anything. There were 17 building projects completed in downtown uh between 2020 and 2024. The residential units that we have based on conversations with the property owners were at over 90% occupancy. So there is a demand and they do fill up quickly once they are redeveloped. Okay.

And property apartment units downtown. This is Eric Dudan. Apartment units downtown provide um accessibility, mobility for people with disabilities like myself. I live downtown just right next to East. So people um having that opportunity to have all kinds of places to live, that's important. Uh no, that was addressed towards the commissioner. Um

I would ask is it the most economically feasible to purchase that building and that property just to tear it down to build a high-rise where there are other open lots right now. And and that's a hypothetical also. No one's done it in the four years that it's been on the market. So is there any further discussion?

Is there any way to serve this need? Um maybe with I don't know if this group is interested but with some kind of timelimited thing, you know, some some I don't know who owns the building if they would be interested in renting it out for a certain time to a church, you know, and and that still allows, you know, buyers to to maybe assess the property and when the lease ends, you know, do something. I I I just wonder if there's some way to accommodate what everybody needs here and I know that that's a big ask and may not be possible but thought I'd throw it out there. Uh you said you had something to add to this here. I think I would just reiterate the statements that were made earlier um as it as it relates to what is and what's not and what could be. It's very simple.

Um we're talking about renovations of properties that are already multi-story buildings. These are not the same things. No one in construction will say that they are. We're not talking about renovating the blacks building.

That price tag a lot different than bulldozing and building a high-rise apartment. We're talking 30, 40, $50 million. That's just easy lowhanging fruit in the market today, just construction costs. So, these aren't I feel like we're mixing some of the Of course, I have a vested interest. Okay, so I get that. Uh but I also have a vested interest because my children and my children's children will live here. So I have a vested interest in multiple ways. Not just as a pastor. There's a lots of buildings, but I want to stay in the heartbeat of our community, which is where we are. I think there's a complaint that people are things become successful and then they move outside of the heartbeat of the city. I'm trying to do the opposite of that and trying to push people into the city that I love. Okay, that's that's the emotional appeal. The logical appeal is that this is not a high-rise facility. We would have to find an investor. We'd have to convince them to buy. There's just a there's just a lot. This is not the same. it is not the same. Um um as it relates to that, as it um as it relates to uh it being a viable location, um I I I would appreciate his point about not making decisions based off of taxable or non-t taxable entities, but we would not be you would have no control if I were a dentist office. Like I would blow up your 30-year plan. Like it would not exist. And so the only leverage you have is that I have to ask you to do what I could do if I was a for-profit entity, which then kind of puts me in a weakened position to to say, "Man, I feel like we can be a benefit to the community. We pump hundreds, not this not inind gifts. This is real paper dollars. We give more money to the city than you would ever get from our taxes." And I I could show you our giving records. So I'm I'm trying to make I get the I get the logic as a as an Ian as a Waterloo why we want highrise or we want residential facilities. I am I am pro- residential

facility. I just don't see how that's a hindrance to that. Not in the state that the building's in now or potentially could be. Yeah. I just feel like there's a it feels like there's it's almost like pin the tail on the donkey is what it feels like because I don't have a buyer. But I do want it for that. But we don't know when that's going to come. And we can tell you no, but we can't tell the next guy no. So we can hold it off until another bank wants to move in there and then we're stuck with a singlestory use facility. All right. Thank you. Thank you. Um any further discussion?

Hearing none, I'm going to go ahead and uh my my instinct says do a roll call vote. Uh, Commissioner Sherk, I do abstain. Abstain. Commissioner Ewing. I. Commissioner Leico. I. Commissioner Shelberg. Not here. Commissioner Boy. The motion was to to pass it. The motion was to allow them to do to occupy or whatever it is they wanted to use. I Commissioner do not. No. No.

Commissioner Schaefer. Nay. No. Commissioner Rucker. I abstain. The eyes technically have it. Does it abstain count? Is it yes or no? Is a count. So, is it 32 or is it 34? An abstain is no 32. I don't think an abstension is no, but let's see. I don't think abstensions actually count. No, it does. In that case, it would pass 32. Now, with that being said, that would this goes further along, doesn't it?

Go to the board of adjustment next. Yes. So, this isn't the final word on this. This will go to the board of adjustment, but it looks like the motion passes. Thank you. According to Robert's rules of order, an abstension is not a vote and is not a no vote. To abstain means to refrain from voting entirely. So, an abstension does not count for or against a motion. I don't leaning on the chair on that one. Um, I would like to thank our commissioners for rationally discussing this and um working as a team. Thank you.

Thank you for your time. Uh, next up we've got a request by Wendy Rec Rector to vacate approximately 3,32 feet of a 20 foot alley in the C2 commercial district and R4 multiple residence district located adjacent to 516 West 8 Street and 917 South Street. This is the one that I said we it was

Yeah, this is Gman with staff. I'll just hit some of the key highlights from the staff report since we've heard it once before. Uh so this is a request to vacate the alley off of West 8th Street. Uh the alley currently serves as access for two uh residential properties. Uh before the first meeting, CNS properties did inform staff that they were opposed uh to the request to vacate uh as they are currently planning changes for their property, including a potential vacation of 7th Street. Uh the request was tabled two months ago at the March 2026 meeting. Uh discussions since then have continued with ID do about the vacation of 7th Street, but no plan has been decided on yet and further discussions are needed before his decision could be made about that potential vacation. staff is aware that CNS is working to navigate the process with ID do for the potential vacation of West 7th Street and would would prefer to know the outcome of that process. In the technical review meeting, engineering department did note that if the vacate were approved and half the alley went to the budding property owners, there would not be enough uh there there would not be enough space to have a usable access point uh for either property. Uh therefore staff recommends that the request by Wendy Recctor to vacate approximately 3,32 square feet of a 20 foot alley in the C2 commercial district and R4 multiple residence district located adjacent to 516 West 8th Street and 917 South Street be tabled until the potential vacation of 7th Street is determined for the following reasons. it one. It would be best to know that what will be happening with that portion of Seventh Street before a final decision is made on this alley as they may affect each other. And as a further note, moving ahead with any vacate will

require an overhead utility easement as well as an easement uh of access due to multiple properties using the portion of right away for access. Thank you. Any questions for staff? Uh, hearing none, I'll entertain a motion on the agenda item. Should I make it a full three? Sure, do it.

All right. I move that the request by Wendy Record to vacate approximately 3,32 square feet of a 20ft alley in the C2 commercial district and R4 multiple residence district located adjacent to 516 West 8th Street and 917 South Street be tabled until the potential vacation of 7th Street is determined for the following reasons. It would be best to know what will be happening with that portion of 7th Street before a final decision is made on this alley as they may affect each other. Further notes? I don't probably need to read the further notes as part of the motion. Okay. So, thus endeth the motion. Schaefer with the second. Thank you. We got a motion and a second. Is there any discussion?

Hearing none. All those in favor of tableabling the agenda item signal or signify by saying I. I. I. Any opposed? Motion carries. Last up here. Uh, please note the September planning and voting meeting will be moved to September 1st due to the Labor Day holiday. So, we're following the old guidelines there. It looks like we're doing what? I'm sorry. Uh, motion to adjourn. I oppose. All right. I'll see you guys next month. Thank you. Thanks, Cody.