Planning, Programming & Zoning Commission - Regular Meeting

I considered taking this one off, but I went till 9:30. I know because the do a check on our two commissioners on Zoom. Uh, please state your name. Make sure that we can hear and communicate with you. I see Commissioner Duna. I see Okay. Can you hear me, Eric? Chris or Eric, can you hear us?

I see her on mute. All right. Commissioner Dun, can you hear me? Yes, I can. I'm here. All right. Thank you very much. Um the time is 401 and we will call this meeting of the planning, programming, and zoning commission to order. Uh first up, we uh got to have an approval of the May 13, 2025 agenda. So moved. Sure. Uh we got a motion by Sherka, second by Commissioner Do not. Any discussion? Uh hearing none. All those in favor of approving the agenda signify by saying I. I. I. Any opposed? I. Motion carries. Uh for those of you in the chambers and stuff, uh there's a little bit of lag with the internet, so we we kind of know this is normal. Uh, next up, uh, approval of the minutes of the regular meeting on April 8th, 2025. Go ahead, look it over. When you feel comfortable, I'll entertain a motion on that. Commissioner Sherk, I'll approve the U minutes um from the meeting on April 8th. Move to Yeah. move. Yeah. So moved. Yep. All right. Second. All right. There's a motion and a second. Any discussion? Hearing none. All those in favor of approving the agenda or the minutes of the regular meeting on April 8, 2025 signify by saying I I I

I was uh to approve it, right, Commissioner? Do not Yes, it was to approve it. Thank you. Um motion carries. There's Schaer's on there, too. Yep. Okay. I heard her a little bit earlier. Uh at this time, we will um allow anyone in the council chambers to speak on non-aggenda items. If there's something that's not on the agenda that you'd like to address with this commission, please step forward to the podium, state your name and address, and you can speak for like three minutes. Is there anyone on Zoom that would like to speak on a non-aggenda item? All right, we're going to go ahead and move on to new business then. First up, uh the time is 4:03 p.m. and a hearing is scheduled at this time. A request by the Architects Partnership Ltd on behalf of Chase Bank for a site plan amendment to change a building from a restaurant to a bank in the S1 Shopping Center District located at 2009 Crossroads Boulevard and pages 16 through 31 at your packet. Um, at this time we should receive and place on file a statement of verification signed by John Dornoff stating, "I, John Dornoff, do hereby certify that a copy of the attached letter, aerial photo, and site plan was mailed to each individual on the attached list by regular mail on April 24th, 2025. Could we have a motion to receive and place this notice on file? So moved. Ying second, we'll make it. All right. Um, all those in favor of uh receiving placing this notice on file signify by saying I. I. I. I. Opposed. Uh, motion carries. All right. Let's get the staff report. This is Tamala with staff.

requested by the architects partnership LTD on behalf of Chase Bank for a site plan amendment to change a building from a restaurant to a bank in the Esmo Shopping Center District located at 2009 Crossroads Boulevard. The applicants are requesting to allow for a 4,86qt banking facility in a former restaurant building including a small addition of 131.2 ft to the east side of the existing building. The request would not appear to have a negative impact on the area. The lots in the immediate vicinity of the site in question are zoned either S1 shopping center district or C2 commercial district. The development would not appear to have a negative impact on existing pedestrian and traffic conditions in the area. The roads adjacent to the area is East San Martin and Drive which is classified as a principal arterial. No trails or sidewalks are located adjacent to the site in question. However, the complete streets advisory meeting has recommended a sidewalk to be installed along Seir Street and Crossroads Boulevard. The site is zoned S1 shopping center district and has been since 1969 northeast, south, and west. There are it's zoned either S1 shopping center District with C2 commercial district located north of East San Martin Drive. Shopping centers, commercial uses, and restaurants are located in the area, and this area has historically been designated for those uses. The property is not located with a floodway or flood plane. According to the 2024 FEMA flood plane maps, the nearest schools are Kitra Elementary School located 6 milesi to the northwest in Bless Maria, Asuna Palota Middle School, and Columbus High School located 1.9 miles west from the site in question. There is a storm sewer adjacent to the site in question on East San Martin Drive and a 16 to 20 foot water mane on

the site in question. There's also a 30 foot wide utility easement on the southeast property line of the of this of the site in question. The future land use map designates this area as commercial. This request is in conformance with the future land use map and comprehensive plan for this area. The applicant is requesting a site plan amendment for the purpose of allowing a 4,86 square foot banking facility in an previous restaurant building in the S1 shopping center district located at 2009 Crossroads Boulevard. The applicant disseminated a site plan which shows a 22 foot tall building that is 4,000 square ft along with the small 8tx 16.4t 4 foot building addition to the east side of building addition to the east side of the building. The site plan shows 49 total parking stalls which includes three ADA stalls. Each parking stall ranges from ranges from 9 ft by 18.5 ft to 9 ft by 20.5 ft with the parking spaces shown to the east, southeast, and northwest sides of the existing building. Banks under 50,000 square feet are required to have at least one parking space parking space for each 300 square feet of Floria. Parking stalls are required to be a minimum of 9 foot by 18t. The proposed parking com complies with the zoning ordinance. The site in question is on the corner of Crossroads Boulevards and Sears Street. The site plan shows the entry and access point access points from both Sears Street and Crossroads Boulevard. The area is designated for commercial on the future land use map. Similarly, since the immediate vicinity is zoned S1 shopping center D district or C2 commercial district, the proposed bank would not alter the character of the area and would not create additional pedestrian or vehicular traffic than the previous restaurant business. The complete streets advisory meeting has recommended a sidewalk to be installed along Seir Street and Crossroads Boulevard. The fire department commented

that this would be a change of use and change of occupancy. New occupancy will be required to meet current IFCIBC codes. Engineering has concerns with drainage and will work with the engineers at the architect's partnership to acquire a drainage plan drainage plan and report. Therefore, staff recommends that the request by the architect's partnership Ltd on behalf of Chase Bank for site plan amendment to change a building from a restaurant to a bank in the S1 shopping center district located at 2009 Crossroads Boulevard be approved for the following reasons. It would appear that site plan amendment would not have a negative impact on the surrounding area. It would appear the site plan amendment would not have a negative impact on vehicular and pedestrian traffic. The request would be in conformance with the future land use map and comprehensive plan for the area subject to the following conditions. That a sidewalk be installed along Seir Street and Crossroads Boulevard and easements dedicated if it is decided to place the sidewalks partially on the p on the private property. Two, that the final site plan meets all applicable city codes, regulations, etc. including but not limited to parking, landscaping, drainage, etc. Any questions for staff? Nothing there. No questions for staff. Uh, is the applicant here? The applicant's online or representative. Can you hear me? Okay. Yes. Uh, thank you. Can you please state your name and address for record? Yeah, no problem. Cody Weaver with Civil Engineering Consultants, 2400 86th Street, Urbanale, Iowa, here on behalf of TAP and Chase Bank. I think the staff report covers this extremely well. Taking the existing facility and it'll be a full remodel

um both inside and outside, trying to freshen up the site. um and some landscaping to conform with what's required and taking out anything that's dead or diseased out there. So, um we are aware and see staff's comments on the on the sidewalk. Um there's some challenges with that, but um we'll continue to work with staff through how to how to address that. Um same way with u the drainage. We've talked with Jamie and I think we've got direction to make sure we're addressing all the city's concerns there. So, um, happy to answer any questions you might have for me. All right. Thank you very much. Um, commissioners didn't have any questions. Anyone on Zoom have any questions? Mr. Chair, yes. Dave Bos and I had a question about the sidewalks and because it's going to be a challenge based on on the amount of rideway. Why why are we requiring this project to have sidewalks when nothing in that area has sidewalks? It's basically uh east west and north south sidewalk to nowhere. And I had a question for null. Did we require Howard Allen's development over there on Gina Boulevard and Crossroads Boulevard to put sidewalks along Crossroads and Gina Boulevard? This is Anderson with staff. So, as a part of the the blue zones initiative a number of years back, um the city of Waterlue uh created a what's called a complete streets committee. Um part of part of the complete streets committee's uh goal is to look at where we need uh other modes of access in including pedestrian access. Um and they look at that uh project by project. Um it was their recommendation to add the sidewalk here. Obviously, there is no sidewalk that it connects to currently. Um, with the larger redevelopment of the

crossroads area, we would definitely be looking at trying to increase uh walkability and other pedestrian access points throughout the entire area. But my question is, did we require Howard Allen to do it? No. I think then why are we requiring Chase Bank? I believe it was recommended um by the complete streets here as well, but it would it it was not uh I don't believe it was possible based on the amount of rightaway or something there. So I I don't believe that it actually ended up being approved that way. There there was also utility easement. I think we're dealing with the same thing. I don't mean to interrupt, but I think we're dealing with the same thing here too on on very very limited right away to put a sidewalk in. And I imagine there's utilities in there also because there's otherwise it's in their parking lot. I I just I just I'm just trying to to to wrap my head around why we would require this project, a standalone project to have a have sidewalks in both directions, but not the the project a block and a half to the south. Jamie Kson, city engineer. I did talk with the engineer for the for the project. Um, we believe we can get the sidewalk in along Gina Street. Crossroads Boulevard, that's a whole other story. That's one that I'm not sure that physically we can get it in there. And based with between the the detention basin that they have along Crossroads as well as the number of utilities in there, I just don't think that's feasible at this time. But we do think they can get the sidewalk along Gina and be able to get it up and tie it into the the ramps that go across San Martin to uh towards Target, I believe. But are we talking Gina? Are we talking Sears? Cuz this project Sorry, Sears. Excuse me. Sorry. I apologize. I just wanted to make sure I'm I'm I'm correct here. Yep. So, you don't think you're going to be able to get it in on the crossroad side, but you'll be able to get it in on the on the Sears side. Is

that correct, sir? Correct. Just change. Okay. Yeah, because it doesn't really say that in the staff notes. And it's it's one of those things. It's always a chicken and egg. And that's that's one of the things that we've always had issues with some of these areas that you're redeveloping. Never had sidewalks. So, do you force people to put it in now? It's it's a chicken and egg thing. If we don't ever start, we never get sidewalk in, but then somebody's got to start and there's maybe not sidewalk that you hook into. But it's always a tough tough question. But here we do think it's warranted at least along Seir Street. All right. Thank you, sir. So, this is Commissioner Do and I wanted to answer I wanted to attempt to answer uh Councilman Boseman's question about the sidewalks. I was assuming that because this is being turned into a restaurant that the sidewalk would be allowing access um uh by people with disabilities into the restaurant. So that's what I was thinking. Commissioner, do not. This is a former restaurant being turned into a bank, but it would allow for accessibility. Yes, I believe accessibility into the bank. Sorry. Yeah. Um, yeah, I I very much remember that that agenda item from roughly two years ago with the development on Gina Street and I remember fighting tooth and nail to get sidewalks, but I just remember some utility easements in the way and uh it it wasn't viable. But with with the uses of that area changing, uh there's definitely going to have to be more pedestrian access and and safety. So, what better time to get it done than now, I guess. Um, are there any other questions from commissioners? Well, Mr. Chair, I just Dave Bos again. So, based on Mr. Kudson's report, it

doesn't appear that we're going to be able to put a sidewalk on crossroads. Correct. Is that is that correct, Mr. Kudson? So, should your recommendations reflect that that they're only requiring sidewalks on Sears? Yeah, the the commission can definitely change the condition uh to reflect the updated information. And is is is there sidewalks on the other side of of Sears, but you get towards the target or is there just a ramp that goes into grass? Like there is based on that picture. Let's see. On this side, I don't know. I don't believe there is sidewalk there yet either. So there there's really there's really not accessibility issue with this sidewalk at all right now. Correct. I'm sorry. Could you repeat that? I said there's really not a handicap accessibility issue with this on the on the sidewalk itself because it it's it starts and ends nowhere. Correct. It's currently okay. That's all I wanted. Thank you. Now eventually would a sidewalk be put on the other side of Crossroads Boulevard? As Mr. Kusson stated, yeah, I mean that there'd be some goals out there as we look citywide to see where we can fit them and where we cannot. Jamie Kudson, city engineer. Um, I think some of you or most of you are aware the city is trying to redevelop the whole Crossroads Mall area. And until we have a a master plan and how that area is going to develop, Crossroads Boulevard, who knows? May not need to be four lanes. It may get moved. I who knows at this point. And until we have that, it's hard to say. Um but at that point then we would certainly be looking is at sidewalk through that whole area as part of the master planning process. Okay. So there there's people planning ahead here. That's that's the good work. Hence the name planning. Yeah. Right. All right. Uh is there anyone in the council chambers that would like to speak on this

item? All right. Hearing none, I'll entertain a motion to close the public hearing. So moved. You second. Sherk. All right. All those in favor signify by saying I. I. I. Any opposed? Motion carries. Uh, at this time, I will uh entertain a motion on the agenda item. You were the one that wrote down the uh did are we going to make a change regarding the sidewalk? Did Yeah. So, if you take it and when you read the conditions and you cross out Crossroads Boulevard, that Okay. will suffice. Then I will move that the request by the AR architects partnership Ltd on behalf of Chase Bank for a site plan amendment to change a building from a restaurant to a bank in the S1 shopping center district located at 2009 Crossroads Boulevard be approved for the following reasons. It would appear that the site plan amendment would not have a negative impact on the surrounding area. It would appear the site plan amendment would not have a ne negative impact on vehicular and pedestrian traffic. The request would be in conformance with the future land use map and comprehensive plan for the area subject to the following conditions. That a sidewalk be installed along Sears Street and easements dedicated if it is decided to place the sidewalks partially on the private property. That the final site plan meets all applicable city codes, regulations, etc. including but not limited to parking, landscaping and drainage, etc. Do not second. Thank you. There's a motion and a second. Any discussion hearing? None. All those in favor of approving the agenda item signify by saying I. I. I. I. Any opposed? Motion carries. Uh, next up, the time is 4:19 p.m. and a hearing is scheduled at this time for a request by Cedar River Contractors on beha behalf of KW Electric for a site

plan amendment for the construction of a 29,900 manufacturing square foot manufacturing warehouse and office building in the M2P planned industrial district located east of 180 Warp Drive, pages 32 through 43 in your packet. At this time, we should receive and place on file a statement of verification signed by John Dornoff stating, "I, John Dornoff, do hereby certify that a copy of the attached letter, aerial photo, and site plan was mailed to each individual on the attached list by regular mail on April 24th, 2025. Could we have a motion to receive and place this notice on file?" So moved. Ewing. Second, Sherk. Thank you. Uh, all those in favor of uh receiving place this notice on file signify by saying I. I. I. Motion carries. Um, let's go ahead and go to the staff report. This is Guyman with staff. Uh so as stated, this is a request by Cedar River Contractors on behalf of KW Electric for a site plan amendment for the construction of a 29,900 square ft manufacturing warehouse and office building located east of 180 Warp Drive. Uh the request uh for the construction of the new building does not appear to have a negative impact on the surrounding area as it would appear to be compatible with other development in the area. The proposed site plan amendment would not appear to have a negative impact upon vehicular and or pedestrian traffic conditions in the area. The site is served by Warp Drive, which is classified as a local street. There are no trails or sidewalks in the immediate project area. The area in question has been zoned M2P planned industrial district since June 7, 2010 when the land was reszoned from A1 agricultural districts. Surrounding land uses and their zoning designations are

as follows. To the north is new industrial development, vacant land in the Waterlue Regional Airport, zoned M2P planned industrial district. To the south is new industrial development and vacant land zoned M2P planned industrial district. To the east is new industrial development vacant land and water regional airport zoned M2P planned industrial district. And to the west is industrial development zoned M2P, planned industrial district. The surrounding area consists of the recent industrial developments as well as vacant land in the airport. No portion of the property is in the flood plane. No schools are located within the vicinity of the site. Uh the future land use map designates this area as industrial. The proposed site plan amendment would be in conformance with this with the comprehensive plan and future land use map for this area. Applicant is requesting a site plan amendment to allow for the construction of new office warehouse building and a shop building. The site is a total of 13.1 acres. The office/warehouse building will be 23,360 ft and the shop building will be 6540 ft. A section of the warehouse portion uh of the larger building will be used as a fabrication lab. There will be a truck dock on the east side of that building as well as a UPS dock. Um Warp Drive will be extended to serve the site. There will be a concrete drive to provide access to the building which will be blocked by gates for private access. There will be two parking lots, one parking lot containing 15 stalls, the other parking lot containing 43 parking stalls. The site plan shows uh layout and storage areas that will be covered with asphalt millings. Vehicular use areas will be properly hard surfaced. Uh the buildings will be less

than the maximum allowed height. The engineering department noted that they will need a site plan and sweep plans. The building department noted that they will need stamped plans uh for the building permit review. And in the technical review committee, the fire department also noted that uh the new buildings will need to meet all applicable fire code standards. Therefore, staff recommends that the request by Cedar River Contractors on behalf of KW Electric for site plan amendment for the construction of a 29,900 ft manufacturing warehouse and office building located east of 180 Warp Drive 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 appears to be compatible with other developments in the area and with the following conditions that the final site plan meets all applicable city codes, regulations, etc. including but not limited to parking, landscaping, screenings, drainage, etc. All right. Thank you. Are there any questions for staff from the commissioners? Uh any questions on Zoom? Is the applicant here? Would you like to come up? Uh, state your name and address and maybe tell us a little bit. You came all this way, right? I came all this way. Uh, Kevin Martin, uh, KW Electric, uh, 1127 Lincoln Street, Cedar Falls. Sean Wagner, uh, K&W Electric, Cedar Falls, 1127, Lincoln. All right. Sounds like you got everything figured out. Uh, do you got any questions for us or anything? Or I don't think so. Don't think so at this time. You guys have been fantastic. All right. Um, well, uh, just thanks for showing up and, uh,

we'll see if anyone in the council chambers has any other concerns or questions and hopefully things go well. Thank you. Thank you. Um, with that, are is there anyone in the council chambers that would like to speak on this agenda item? All right. Uh, hearing none, I'll entertain a motion to close the public hearing. So, move. Sure. Second, you second. Shaper. Okay. Um, do we all those in favor of closing the public hearing signify by saying I I opposed? Motion carries. Uh, at this time I will entertain a motion on this agenda item. Commissioner Sher, I'll make the motion to rep approve the request by Cedar River Contractors on behalf of K&W Electric for a site plan amendment for the construction of a 29,900 ft manufacturing warehouse and office building located east of 180 Warp Drive and be approved for the following reasons. Uh the request is in conformance with the comprehensive plan and future land use map for this area. Uh the request appears to be compatible with other developments in the area and um subject to the following conditions that the final site plan meets all applicable city codes, regulations, etc. including but not limited to parking, landscaping, screening, drainage, etc. Uh thank you. Is there a second? Second. Euing. All right. 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. I. Any opposed? Motion carries. Uh, next up, the time is 4:27 p.m. and a hearing is scheduled at this time for request by Mizu Ramen Iowa LLC for a site plan

amendment to allow for changes in use in the C1CZ conditional zoning district located at 1021 People's Square, pages 44 through 53 in your packets. At this time, we should receive and place on file a statement of verification signed by John Dornoff stating, "I, John Dornoff, do hereby certify that a copy of the attached letter, aerial photo, and site plan was mailed to each individual on the attached list by regular mail on April 24th, 2025. Could we have a motion to receive and place this notice on file?" So moved, Euing. We got a motion. Do we got a second? Second, Chaer. All right. Um, all those in favor of the motion signify by saying I. I. I. I. Any opposed? All right. That carries. Let's go with the staff report. This darn off of staff. The applicants are requesting a site plan amendment to change a retail store into a restaurant in a conditional zoning district. The request to change to use would not appear to have a negative impact on the neighborhood as the area surrounded by some similar commercial development. The post site plan amendment would not appear to have a negative impact on veicular pedestrian traffic conditions in the area. The site is accessed by from Kimble Avenue which is a minor arterial and it connects with San Martin drive which is a classified as a also as a minor arterial. The area in question has been zone C1 CZ conditional zoning district since the adoption of zoning ordinance 37 3770 on March 4th 1991 when it was reszoned from C1 commercial district surrounding land uses and their zoning designations fall to the north blackhawk economic development zone C1 commercial district um to the south is San Martin drive and commercial zone C2 CZ conditional zoning district to the east is the tropical smoothing and

Jersey Mike zone C1 commercial district and to the west's fairway zone C1 commercial district commercial development in the area occurred between 1974 and two 2022 the applicants are requesting a site plan amendment to change the use of an existing building um the property was reszone C1CZ conditional zoning district that requires a site plan amendment for a change of use it should be noted that the original reszone was for restaurant. Um the previous site plan amendment was a res was resolution 1997-198 on May 5th, 1997 to allow for expansion of the existing complex. The applicants are proposing converting an existing fireplace store into a 2300 ft restaurant with table seating. Parking requirements for a restaurant is one parking space for each 100 square ft of floor area to avoid the patron use within the establishment. um with a minimum of at least 10 spaces. There are currently 66 parking spaces in the complex and because this is a multi-tenant and multi-use building, the parking requirements um of the entire center need to be taken into account. However, the current you with the current uses, it appears that there would be enough parking spaces, but it will need to be re-evaluated again with any new use. During technical review, Wellifer noted that new occupancy were required to meet current IFC IBC codes, a commercial hood suppression system is required for cooking, sautéing, and frying with fats, oils, and greases. If there's a fire alarm system in the building, then the hood suppression system is required to be connected to that fire alarm system. These items will be taken care of during the building review process. Therefore, staff recommends that the request by Mizu Ramen Iowa LLC for a site plan amendment to allow for a restaurant to replace a retail store in the C1CZ conditional zoning district

located at 1021 People Square be approved for the following reasons. The request is informance with the comprehensive plan of future land use map for the area. The request would um would appear not to have a negative impact traffic conditions in the area and meet the parking requirements. Third, the request would not appear to have a negative impact upon the surrounding area with the following condition that the final site plan meets all applicable city codes and regulations clean but now limited to parking, landscaping, screening, drainage, setbacks and etc. All right, thank you very much for that. Uh, are there any questions for staff from the commissioners? Uh, anyone on Zoom have any questions? Is the applicant here? Yes, I am. My name is Mai Lim. Uh, hello. Uh, could you please state your address for record? My name is Ma Lim. I'm presenting 1021 People Square for Mizu Ramen. All right. Thank you. Uh, do you do you have any questions for staff concerns? No, not at this moment. Okay. Thank you for attending. Uh, is there anyone in the council chambers that would have any questions at this time? It looks like uh you're you're pretty free of questions here. Questions for everybody. You have some comments. Uh, come up to the podium and please state your name and address. Excuse my voice. I'm losing it today, so I apologize for that. I'm Chuck Augustine and I'm an attorney at Clatt Law Firm, 531 Commercial Street in Wateroo. I represent Cedar Valley Growth Fund who owns the property adjacent and to the north of this particular piece of property and they have a significant impact or or at least they've been impacted significantly by the development of this land of the to the south. For one thing, they uh one of the points of access to this particular

piece of property is along the west 20 ft of my client's property. It's actually an easement. it's over my client's land and that uh they're concerned about increased traffic along that that portion. Secondly, my clients, they uh have an easement for access and parking over across along the north 60 ft of this particular piece of real estate and there are 17 parking spaces along that area that my client has equal access to uh for the benefit of his property to the north. Um, also the the entrance off of Kimble that has been newly constructed uh certainly has impacted adversely my client's use of of that easement that uh ingress easement uh area and parking over along the north 60 ft of this particular piece of property. for one thing, um their access was eliminated uh in in part to that area and secondly, just the amount of traffic that's now streaming in through that area has caused some concerns. Um our position is that this will increase adversely um traffic and we think it will cause a negative impact to the area. Um right now this building has five tenants. It's uh 7200 square ft. There's another building that on a on a parcel to the east as you guys know that shares uh parking with this particular piece of property. There are three tenants, two of which are restaurants, the third of which very well could become a restaurant. That's 4,57 square ft. the parking requirements for this space. Um, first of all, uh, in this particular, um, piece of property, I count 66 seats. And according to my calculations, if if I'm reading the zoning ordinance right, that would

require 26.4 spaces. Um, the other seven tenants at at least are going to require 10 spaces per per tenant. And so you're looking at 96 parking spaces that would be needed. The piece of real estate right now has 67 spaces. So we're we're we're 30 spaces short. Secondly, 17 of those spaces again can be used by my client and and from time to time are used by my client. So there's a drastically uh uh I mean short there's a drastic shortage in excuse me parking here. Um that together with the increased congestion, the increased traffic and uh uh the the conditions that would give rise that would that would come from that um give my co my client cause for concern. The final thing is there's really no room on this parcel for any snow storage. And so consequently um it would appear to me to be reasonable to assume that parking spaces will be used for that snow storage unless it is hauled off site. So, for those reasons, my client opposes this request. Okay. Thank you. Any questions? To clarify, your client's building is it's it's one 01, I believe, People Square. Okay. And that's the building to the north. To the north. Yes. I uh Okay. So, I do have a aerial photograph. It's it's going to be difficult for you guys to read that from from where you're at. I'm fairly familiar with that property. Um I could provide that. Thank you. I do have a question for Mr. Augustine. This Commissioner Schaefer. Can you hear me?

Yes, I can. I can hear um the tenants, the five tenants, can you give me hours of operation for that establishment? The the the on in this particular building, I don't have the hours of operation for those tenants. Thank you. From my knowledge, every business in this area runs basically day hours. uh restaurants will work into the night, but I think the main time that Mr. Augustine's client's business is open is generally during banker's hours, I would assume. That's correct. Yes, that's correct. Um, thank you. So, Mr. Augustine, your uh client is at the top of this page, the parking lot that we can see with the biggest parking lot with No, that's Oh, got it. Okay. Thank you. that one. And then the the large parking lot to the west would be the property of Fairway. That's correct. Okay. All right. Well, um we're going to let this commission sort this out. Thank you. Yes. Thank you. Is there anyone else in the council chambers that would like to speak on this agenda item? All right. Um, we'll go ahead and entertain a motion to close the public hearing. So, moved you. Oh, go ahead. Come on up. State your name and address. Yeah. Randy Vandery. I own the property we're talking about. So, um, Fairway allows us to park over there. Um, just there's quite a few stalls there. I don't know how exactly any many there are, but they do allow us

to park over there. So, that should be taken into consideration and um what Mr. Augustine said isn't exactly the truth of the matter. So, there's there's more to it than that, but I don't know if this is a place to have that discussion, okay, with his client. So, all right. So sir, you're the owner of the property that we're talking about change the the the motion to change the zoning today. Is that correct? The the one with TND on the on the TK. Yep. Yep. Okay. You're the only owner of that building. Okay. Yep. He owns the Smoothie building as well. Okay. Yeah. I I think I remember you from when you did that new building. So, um, yeah, it's definitely busy over there, but, uh, that's what we're going to figure out here. Okay. All right. Uh, any anyone else in the chambers that want to speak on this? Okay. I think I think we got them all. Um, now I'll entertain a motion to close public hearing. So, moveing. Second, Chaper. Thank you. You have to abstain. Okay. Um, all those in favor of closing the public hearing signify by saying I. I. I. Any opposed? I. Do we have? I'm not opposed. Yeah. Once we've established the All right. All right. Uh, motion carries. Uh, at this time, I will entertain a motion on this agenda item. Um, again, I'm not directing anyone to go a certain way. Okay. Um, I move that uh the request by

Mitsu Ramen Iowa LLC for a site plan amendment to allow for a restaurant to replace a retail store in the C1 CZ conditional zoning district located at 1021 People Square 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 appear not appear to have a negative impact on traffic conditions in the area and meet parking regulation requirements and meet the parking requirements. The request would not appear to have a ne negative impact on the surrounding area with the following condition. The site the final site plan must meet all applicable city codes and regulations including but not limited to parking, landscaping, screening, drainage, setbacks, etc. And is that the end of the that is the end of the uh conditions? So that is the end of the motion. I believe um okay, we've got a motion. Uh is there a second? Eric do not will second. Okay, we got a motion and a second. Uh, is there any discussion? Yes. Um, this is Commissioner Do not. Would we need to have a condition about um the number of parking spaces throughout the whole development from 67 to closer to the 90 number that was proposed but by the commenter? So, this is Anderson with staff. So breaking that out a little bit more um in the site analysis, the new restaurant is required to have 12 stalls. The Tropical Smoothie is required to have 10. Jersey Mike's 10. This is all per the zoning ordinance and it's it's the amount of stalls per square foot for different uses. Cost cutters is required to have 10. There is 4,800 square feet remaining in the building. Um for the restaurant portion, the restaurant

uh as I noted was only needing the 12. um if a similar use went in there for that, if you took the 4,800 divided by 200, it's 24 stalls, which would come up to the 66 parking stalls that they have on that portion. Um so we believe that the request today does meet all the parking requirements. Obviously, as new tenants are added to the additional square footage, we may have to look at potential cross parking easements with Fairway if that's required. The reason I say if that's required is there is a cross parking agreement between this site and the site to the north. um that is very much uh not overly detailed as to who can park where. So um that will probably be continued to be discussed with uh the different parties. We do believe that the request today meets the parking requirements. Thank you for that insight. Uh, this being this property being CZ means that if another restaurant were to try to go in here that it would go through this exact same process. And at that point, it would probably trigger something where we go, wait a minute, there's definitely not enough parking for another restaurant. And I think that's we have to rely on the process at this point. What how does the city respond to the concerns about snow removal? There is a cross parking agreement between them. So there are some green spaces on there. I mean if they don't have enough uh it depends on the snowfall I imagine if there's not enough snow storage um they would have to remove it from the site. They meaning the owners of the property of the respective um parking lots. That'd be correct. Is there any further discussion? Okay. Hearing none. All those in favor of approving the agenda item signify by saying I. I I I uh there is one abstension. Are there any

opposed? That motion carries. Thank you. Next up, we've got a request by Waterlue Fiber for a special permit to construct a 10x6 equipment shelter and a generator in the R4 Multiple Residence District located northwest of the intersection of University Avenue and Sergeant Road, US Highway 63, pages 54 through 62 in your packet. this darn off of staff. The applicants proposing to construct a shelter building for equipment for the um city's fiber optic network um pro special permit would not appear to have a negative impact on traffic conditions or vehicular um conditions in the area. The site is currently zoned R4 multip zone as such since the adoption of zoning ordinance 2479 in 1969. Surrounding land uses and their zoning are as follows. To the north is Highway 218 zone R4 Multiple Residence District. To the south is University Avenue and Sergeant Road, US Highway 63, zoned R4 Multiple Residence District. To the east of Sergeant Road, US 63 University Avenue resident zones R4 multiple residence district. Um to the west is a sanitary lift station and vacant land zone BP business park district. The applicants are requesting to construct a 10 x6 equipment shelter and accompanying generator um to support the fiber um waterl fiber network. This is similar to the shelter that the board of adjustment approved on September 26, 2023 at fire station 6 at 3288. Shelter is located northwest of the corner of University Avenue Sergeant Road, University US Highway 63. It will be surrounded by roads on all three sides with a sanitary lift station on the foresight and vacant land beyond designated for future development. Um it also noted that also to note that

normally we would send um courtesy notices to property owners within 250 ft but there was none within 250 ft of this proposed request. Um there will be no employees assigned to the facility therefore no parking requirements. However, they will they are showing parking for service vehicles. Um Wellifer noted similar to the previous fiber huts, um a tank permit is required for the diesel generator and fire protection permits for are required for special and alarm systems. Therefore, staff recommends that the request by Waterl Fiber for a special permit to construct an equipment shelter in the R4 multiple residence district located northwest of the intersection of University Avenue Sergeant Road be approved for the following reasons. Would appear to special permit would not have a negative impact on the neighborhood. The request is located within the primary growth area and served by existing utilities. The request would not be would be in performance of future line use maps plan. It was subject to final conditions that the final site plan meets applicable city codes, regulations, etc. including but not limited to parking, landscaping, drainage, etc. Thank you. Uh, any commissioners have questions for staff? Anybody on Zoom have questions for staff? Anyone out in the council chambers have questions for staff? real quiet here. Um, the applicant is the city technically, so I'm not going to get caught on that one this month. Let's see here. Uh, if there's Eric is here. I don't want to talk. Oh, do you want to talk about this a little bit or we've we've done a few fiber huts. Let's state your name and address for record. And uh, my name is Eric Loy, general manager for Waterl Fiber. I really don't have any questions. Um, like you said, it's similar to the one that went up at Fire Station 6 last

year. Um, just a tiny bit smaller. So, other than that, identical. Um, I believe the next agenda item is also the same thing. So, yes, just in a different location. Just different location. Okay. So, that way I don't have to make you get up and down a whole bunch. All right. Y sounds. Nothing out of the blue. Nope. Okay. Um, I thank you then. Thank you. Uh I guess if we don't have any questions, uh we can go ahead and entertain a motion. Commissioner Sherk, I'll uh make the motion to approve the request by Waterlue Fiber for a special permit to construct a 10x6 equipment shelter and generator in the CP plan commercial district located at north of Oops, I have the wrong uh address here. Yeah, you got one ahead. Yep, I got one ahead. Um, oh, uh, located northwest of the inter, uh, of the intersection of University Avenue and Sergeant Road, uh, US Highway 63. Um, and also be approved for the following reasons. Um, it would appear the special permit would not have a negative impact on the neighborhood. Uh, the request is, um, located within the primary growth area and is served by existing utilities in the area. The request would be in conformance with the future land use map and comprehensive plan for the area and then subject to the final condition that the final site plan meets all applicable city codes, regulations, etc. including but not limited to parking, landscaping, drainage, etc. Sorry for skipping. Second. All right, we got a motion and a second. Any discussion hearing? None. All those in favor of approving the motion signify by saying I. I. I. I. Any opposed? Motion carries. Uh, next up we will move on to a request by Waterlue Fiber for a special permit to construct a 10x6 equipment shelter and generator in the CP plan commercial district located north of 1650 Idaho

Street. This start off with staff. Um the site is currently zoned CP plan um commercial district and zones section since um being reszoneed from A1 agricultural district by ordinance 4982 on February 1st 2010. Surrounding land uses and their zoningers falls. To north is vacant land residences zone CP plan commercial district C1 commercial district and R2 and two family residence district. To the south is the Dollar General store and Martin Luther King Drive. Um zone CP commercial district. To the east is vacant land and residences zone CP commercial district and R21 and2 family residence district. To the west is Idaho Street vacant land and residences zone R3 RP plan residence district and R2 um one2 family residence district. Um pretty much it's the same as the previous request. Um this originally this was they were looking at several locations for this fiber shelter. um they decided to relocate it from its original planned location due to um concerns about lightning um strikes being too frequent in the area. Um so they looked at s several alternative sites and this one appears to be the best site for it. Therefore, staff recommends that the um request by Waterl Fiber for a special permit to construct a 10x6 equipment shelter and generator in this CP plan commercial district located north of 1650 Idaho Street be approved for the following reasons would appear special permit to have negative impact on the neighborhood. The request is located within the primary growth area and served by existing utilities in the area. The request would not would be in conformance with the future land use map and comprehensive plan for the area subject to the following conditions that the final site plan meets all applicable city codes, regulations, etc. including but not limited parking, landscaping, drainage, etc. Thank you. Do any

commissioners have questions for staff? Does anybody on Zoom have questions? Anybody out there? Come on up, Mr. Chair. Oh, yes. on Zoom. I I just not a question on this. It's just that the address for Waterl Fiber is wrong in all your staff reports. The address of War Fiber is 402 East 4th Street, not 425 East 4th. We got to get that updated noted, I believe. Right. Yes, sir. 425 would be Lincoln Park. Oh, okay. All right. Thank you. Thank you. Um, we got a gentleman in the council chambers that would like to speak on this. Uh, could you please state your name and address? My name is Mike Cook. I live at 3511 Sage Road, Waterloo, Iowa. But I own the land adjacent to this uh fiber thing that they've got going on. So, I just wanted to know what's the purpose of the building, what's going to go on in there, what what's it all about? And then the next thing is, did the city purchase that land or did they purchase the land? How did that go? and what was it and all that good stuff. Just trying to get some details. Uh thank you uh Mr. Cook. I think we can get you some answers here. Okay. Eric Loy Waterlue Fiber. Um so this is just a fiber hut. So it basically just houses all the electronics that we need for that portion of the network. So it's not a a building that's going to get um staffed uh frequently just for maintenance uses. So, it'll kind of just sit there. Um, what was the other question? Oh, we did purchase the land on Idaho Street. So, um, the original hut was supposed to go near Lynen Water Tower. Um, we discovered that Lynen Water Tower is very prone to lightning strikes. So, we searched for areas um or land in that same area and came up with

that location. So, yeah, we purchased it. All right. Thank you. Uh, any other questions out in the council chambers? I think we can move on to making a motion on this agenda item. Okay. This is Euing. Commissioner Yuing. I move that the request by Waterlue Fiber for a special permit to construct a 10x6 ft equipment shelter and generator in the CP planned commercial district located north of 1650 Idaho Street be approved for the following reasons. It would appear the special permit would not have a negative impact on the neighborhood. The request is located within the primary growth area and is served by the exist existing utilities in the area. The request would be in conformance with the future land use map and comprehensive plan for the area subject to the following condition. That the final site plan meet all applicable city codes, regulations, etc. including but not limited to parking, landscaping, drainage, etc. Second, Sherk. Thank you. We've got a motion and a second. Um, any discussion? Hearing none. All those in favor of approving the motion signify by saying I. I. I. Any opposed? Approve. Thank you. Any opposed? No. Motion carries. Um, we'll get into some plats here. First up, we've got a request by Wayne Clawson Engineering for the minor plat of Mason Minor Plat 1, a three lot residential subdivision in the R21 and2 family residence district located at 3575 Cedar Terrace Drive, pages 75 through 84 in your packet. This is Gman with staff. So, as stated, this is a request by Wayne Clawson Engineering for a minor plat of

the Mason's minor plat um of a three lot residential subdivision in the R21 and2 family residence district located at 3575 Cedar Terrace Drive. The applicant is requesting uh to create three residential lots from one 3.7 acre lot. The request would not appear to have a negative impact on the surrounding area as it will create two additional residential lots in an area that is primary primarily residential. The request would not appear to have a negative impact on traffic or pedestrian conditions in the area. The property is served by Cedar Terrace Drive and East Charles Road, which are both collectors. The site in question is zoned R21 and2 family residence district and has been zoned since the adoption of the zoning ordinance in 1969. The surrounding properties uh are zoned in as follows. To the north is an empty field zoned R21 and two family residence district. To the east is a empty field zoned R2. To the south are single family homes zoned R2 and A1 agricultural district. And to the west is a manufacturing shop zoned at C1CZ neighborhood commercial conditional zoning district. The surrounding area is composed of the single family homes which were built uh in the 1970s and the com the buildings on the commercial lot were built between 1968 and 2016. There are no schools in the nearby vicinity. Lloyd Randle Park is approximately 150 ft to the southeast of the property. The future land use map designates this site as low density residential. The request is in conformance with the future land use map. The applicant is requesting a minor plat of the lot at 3575 Cedar Terrace Road. Lot one will be 2 acres and contains the existing house on the lot.

Lot two will be 1 acre and lot three will contain8 acres. The new lots exceed the minimum lot size and minimum lot width required in the R2 district. There is an existing Iowa Northern Railway line 116 ft from the southwest property line of the lots. In the technical review committee, the engineering department noted that the driveway for lot three will likely have to come off East Chalus Road to avoid the intersection. This will only apply when the house is being built on lot three and not during this platting process. Uh the subdivision ordinance requires that plat submissions include such criteria as boundaries of properties, proposed streets, easements, the widths of right of way, utility locations, contours, as well as surrounding land uses. The plat does not contain all the details required. However, given the minor nature of the split, the additional information would not appear to be needed as the plat is in accordance with the intent of the subdivision ordinance. Therefore, staff recommends that the request by Wayne Clawson Engineering for the minor plat of Mason's minor plat 1, a three lot residential subdivision in the R21 and2 family residence district located at 3575 Cedar Terrace Drive, be approved for the following reasons. One, the plat is in accordance with the intent of the subdivision ordinance and can be served by existing utilities. Two, the plat meets the bulk regulations of the R21 and 2 family residence district. And three, the plat is in conformance with the future land use map for the area. Thank you. Uh, any questions for staff by commissioners? Is this one an initial plat we'll have to go through again as a final plat? This is Anderson with staff. So since it's a minor plat, no, this will be the only action going through the planning

commission. Okay, that clarifies that. Uh are there any other questions from commissioners? Is there anyone on Zoom with a question? Anyone out in the council chambers have a question on this? Is the applicant here or on Zoom? Ah, come on up. State your name. Daryl Mason, uh, property owner. Been there about five years. Um, yeah, pretty straightforward thing. It's been smooth so far. Hopefully that continues. Excuse me. All right. Um, anyone got questions for them? All right. Well, thanks for making it this far. Um, at this point I'll go ahead and entertain a motion on the agenda item. This is Commissioner Scher. Can you hear me fine? Yes. I move that the request by Wayne Clawson Engineering for the minor plat of Mason Minor Plat 1, a three lot residential subdivision in the R21 and two family residence district located at 3575 Cedar Terrace Drive be approved for the following reasons. The plat is in accordance with the intent of the subdivision ordinance and can be served by existing utilities. The plat meets the bulk regulations of the R21 and two family residence district and the plat's in conformance with the future land use for the area. Do not second. Thank you. There's a motion and a second. Uh any discussion? Hearing none. All those in favor of approving the motion signify by saying I. I. I. I. Any opposed? Motion carries. Uh, next up we'll move on to the request by the city of Waterlue for the minor plat of Austin's Plat, a two lot commercial subdivision in the CP plan commercial district located east of 122 Blackhawk

Road. This is Gman with staff. So, as stated, this is a request by city of Waterlue for the minor plat of Austin's Plat, a two lot commercial subdivision in the CP plan commercial district located east of 122 Blackhawk Road. Uh the applicant is requesting to create two new lots in the CP plan commercial district. The request would not appear to have a negative impact on the surrounding area as it will be creating two commercial lots in an area zone for commercial use. And because it is in the CP zone, the need for buffering or screening will be looked at when a site plan amendment happens for this site. The request would not appear to have a negative impact on traffic or pedestrian conditions in the area. Property is served by Blackhawk Road, a local road. There is a sidewalk along one side of Blackhawk Road. An additional sidewalk could be required along Blackhawk Road when a site plan amendment is required if it is determined that the use would uh generate a significant amount of pedestrian traffic. A sidewalk uh will be required in the deed of dedication along University Avenue. Uh the site in question is zoned CP plan commercial district and has been zoned as such since March 15, 2021 when it was reszoned from A1. the surrounding properties. Zoning and land uses are as follows. To the north is industrial b business um zoned M2 heavy industrial district. To the east is Blackhawk Creek and vacant lands zoned BP business park district. To the south is University Avenue and Hope Martin Memorial Park zoned A1 agricultural district. To the west is single family resident residences and commercial buildings zoned R2 as well as CP plan commercial and C2 commercial district. The homes uh by the property

in question were built between 1914 and 1962. The commercial buildings were built between the 1950s and the 1990s. The property is protected by a levy. Uh the future land use map designates the site as parks, open spaces, uh schools, hops, hospitals, government facilities, public areas, and airports. Uh the land was bought when flood protection improvements were occurring, and this land is not needed for flood protection. The comprehensive plan was designed to be a guide, not a blueprint for overall development and planning of the community. The applicant is requesting uh the minor plats in the CP district. Uh the lots will be approximately 1.6 acres in size. Uh the total area that will be platted is 2.85 acres. Uh the lots will contain two easements. One is a 20 foot wide sanitary sewer easement. The other is a 20 foot wide storm sewer easement. Uh the property line closest to Blackhawk Creek will be 15 ft away from the toe of the flood levy. The Edison neighborhood is adjacent to the property in question and was notified of this minor plat request and the technical review committee. Uh the engineering department uh was the one who noted that a sidewalk along University Avenue should be required in the deed of dedication and that the sidewalk along Blackhawk Road could be discussed later as the site plan amendment occurs at this site. Uh the subdivision ordinance requires that plat submissions uh including such criteria as boundaries of properties proposed streets easements and widths of rideaway utility locations contours as well as surrounding land uses. The plat does not contain all the details required. However, given the minor nature of the split, the additional information would not appear to be needed as the plat is in accordance with the intent of the subdivision ordinance. Criteria that are shown on the plaque in

include utility locations, rightway widths, easements, boundaries, and nearby subdivisions. Therefore, staff recommends that the request by the city of Waterlue for the minor plat of Austin's Plat, a two lot commercial subdivision in the CP planned commercial district located east of 122 Blackhawk Road, be approved for the following reasons. One, the plat is in accordance with the intent of the subdivision ordinance. Two, the plat will create two buildable parcels for future growth. All right. Thank you. Do any commissioners have questions for staff? Does anybody on Zoom have any questions for staff? Uh, anyone out in the council chambers got questions for staff? This is Duna. I was just uh um trying to remember where this item started in the packet on page 85. Is that correct? That is correct. Yes. Thank you. Thank you. Um, I I see what the city's doing here. Uh, being CP plan commercial, it's not directly connected to University Avenue. Is there any insight to that? I mean there there might be some access on the southern lot but Jamie Kudson city engineer University Avenue through that section is limited access so we didn't want direct access onto university from there okay uh any any other questions comments this is Anderson with staff just one note so this used to be a drainage holding pond but due to all the improvements that the city of water was able to make along University Avenue and adding in storm sewer compon components, we were able to make these development lots. So, this is definitely a smart

growth initiative uh through the city's design for the road work. All right. Um at this point, I think I'll entertain a motion on this. This is Commissioner Sherk. Um, I'll make a motion to approve the request by the city of Waterlue for the minor plat of Austin's Plat, a two lot commercial subdivision in the CP planned commercial district located east of 122 Blackhawk Road and uh to be approved for the following reasons. Uh, the plat is in accordance with the intent of the subdivision ordinance and the plat will also create two buildable parcels for future growth. We got a motion. Is there a second? Second youing. Thank you. Any discussion? Hearing none. All those in favor of approving the motion signify by saying I. I. I. I. Any oppose? I approve. Thank you. I would say I I approve. Thank Thank you, Commissioner. Do not um No opposes. Uh motion carries. Uh, next up, we'll move on to a request by Michelle Clark for an encroachment agreement to allow for a fence on city-owned rideway in the R21 and two family residence district located north of 760 Cloverdale Avenue on Lucas Street. Um, do we want to take the next two together? Um, are they the same applicant or No, but they're right next to each other. Oh, okay. Well, since they're right next to each other, I think we could go ahead and combine those two items. Sorry, George. Uh, this is Tamala with staff. Um, uh, with staff, yes, their neighbors. Um, so request by M. Michelle Clark for an encroachment agreement to allow for a fence on city- owned right

of way in the R21 and two family residence district located north of 760 Cloverdale Avenue on Lucas Street. Um, the applicant is requesting an encroachment agreement to allow a fence to remain on city- owned right ofway of Lucas Street. The request for an encroachment agreement would not appear to have a negative impact on the surrounding neighborhood as the area is on the undeveloped portion of Lucas Street. The request for an encroachment agreement would not appear to have a negative impact on vehicular pedestrian traffic in the area since the fence is on the undeveloped portion of Lucas Street. If Lucas Street were ever extended in the future, the encroachment agreement can be terminated and the fence and the fence required to be removed. The site is located on the corner of Cloverdale Avenue and Lucas Street with the sidewalk along both sides of Cloverdale Avenue as well as both Lucas Street west of Cloverdale Avenue. The site is zoned R21 and2 family residence district and has been zoned as such since adoption of ordinance in 1969. Surrounding land uses and their zoning are as follows. Northeast, South and West Zone R2, one and two family residence district with single family homes. The area is composed of single is composed of single family homes constructed from the late 1970s through the mid 1990s. The site in question was added to the area in 1994. The encroachment is not the encroachment area is not located within a floodware flood plane according to the 2020 FEMA flood plane maps. There is a 8 foot wide utility easement on the east lot line of the property in question. The request is in conformance with the future land use map as it designates this area as low density residential. The applicant is requesting encroachment agreement to continue allowing a fence on city on rideway on Lucas Street. The current fence has been up since April 2021. The portion of

Lucas Street the fence is encroaching on is undeveloped. Therefore, the city does not object to the encroachment agreement until possible future development of Lucas Street in the adjacent wooded area. The fence does intrude on the utility easement present on the property in question. Therefore, a fence over ease off fence over easement form would be would need to be need to be submitted by the applicant. Um, no comments from the tech review committee. Therefore, the staff recommends that the request by Michelle Clark for an encroachment agreement to allow for a fence on city-owned ride ofway in the R21 and two family residence district located north of 760 Cloverdale Avenue on Lucas Street be approved for the following reasons. The request would not appear to have a negative impact on the surrounding area. The request would not appear to have negative impact on the vehicular or pedestrian traffic in the area. The proposed structure conforms with the future land use map subject to the following conditions. the fully signed and executed encroachment agreement which includes provisions for the maintenance of the fence by the applicants. Access provisions to the fence to be to provide access to the rideway that will be located behind the fencing as well as access to the 8oot utility easement along the east property line of the property in question to assigned executed assigned and executed fence over easement form. Similarly for the request by Claude Manning for an encroachment encroachment agreement to allow for offense on city on ride ofway in the R21 and2 family residence district located south of 806 Cloverdale Avenue on Lucas Street. The applicant is requesting an encroachment agreement to allow a fence to remain in city own right of way of Lucas Street. Um I was wondering if you wanted me to go through everything's pretty much the same the same thing. I would just highlight the only difference would be is there's also an easement on Mr. Manning's property um to on the east lot line of the

property in question. um his fence has been up around from roughly this same time from 2020 to 2021 and there's no comments from the tech review committee and so staff recommendation would be therefore the staff recommends that the request by Claude Manny for an encroaching agreement to allow for a fence on city on rightway in the R21 and2 family residence district located south of 806 Cloverdale on Lucas Street be approved for the following reasons. The request would not appear to have a negative impact on surrounding area. The request would not appear to have a negative impact on vehicular or pedestrian traffic in the area. The proposed structure conforms with the future land use map subject to the following conditions. A fully signed and executed encroachment agreement which includes provisions for the maintenance of the fence by the applicants. Access provisions through the fence to provide access to the rightway that will be located behind the fencing as well as access to the 8oot utility easement located along the east property line of the property in question. And number two, assigned and executed fence over easement form. Any questions for staff? You made it easy for me. They they both have some utility interference there. I see. So they both have to go through the same process, right? Yep. For the fence over easement form. Uh any questions from commissioners? Um when it discusses about, you know, Lucas becoming perhaps um more developed someday, when that happens, what would happen? Would these people be forced to tear down their fences or Okay. Yes. Yeah. Basically, um it I don't know if that's a hot spot of development right now. So, um I think that fence probably has some life to it. Okay. Um any questions on Zoom? This is Michelle Clark. I just Can you hear me? Yes. This is Michelle Clark. I just wanted to

um let you know that recently my name has changed. So everything was Michelle Clark. It is now my married name which is Michelle Ism. I don't know if I need to fill out additional paperwork or change anything with my last name being different. We we can get you some new paperwork. Okay. Thank you. All right, Mr. Chair. Yes. I I just had a question. Was it were permits ever taken out for these fences? And if so, how did we miss speaking the the city rightway portion of it? Because it it's quite a ways off of their lot line. Jamie Kudson, city engineer. I don't believe there were any permits taken out for it. It was found completely accidentally as one of my staff members was going out and doing uh an inspection for a utility cut out in that area, noticed it. So, we brought it to planning's attention for them to go ahead and do the encroachment agreements. That that makes sense. Are we actually going to require permits then for this for this fence and inspections or not? I don't know that it's tall enough to require permits. It's over four feet. It requires a permit. Could be. But that' be something handled through planning. I don't I don't do the planning or don't do the fence permits. Sorry. It's it's 4 foot. Anything over four foot requires a permit. Correct. Um this is Anderson with staff. Yeah, I'll check with the the building department. I I believe I believe when we have instances like this, they do require them to have a permit. Believe we pulled a permit in 2021 for that with the state. So, you did get a permit that put it up on the door. She I think she had a Okay. Okay. We'll definitely research that. Yeah, it'll be

looked into. Um is that's something that we want to put in the conditions that there if there wasn't a permit, they have to have one. If you're fine with that, we could add that in the encroachment agreement, too, as it goes to council. Okay. Let's go ahead and go that route. Okay. Um, all right. Um, there's no other people in the council chambers. Uh, any other further questions? Uh, oh, one more. This isn't going to set any kind of like precedent or anything, is it? This is Anderson with staff. So, you know, going back number of years, I mean, we came up with the encroachment agreement, uh, option for incidences like this where maybe, you know, someone didn't know exactly where the property line was or something or, you know, sometimes a foot or two over. once we find out about it, we we need to correct the situation. So, you know, it's always been kind of put out there as a as a uh alternative to vacating. You know, in this case, we didn't want to vacate Lucas Street. We need that future connection to serve the land to the east. Um it is temporary in in nature in that again when when Lucas Street would be developed and go through, they would have to remove it. Um so, I don't think it's setting a precedent. We we've had quite a few of these and and they're all kind of unique in in their own manner. Okay. Thank you. I know sometimes when uh we talk about testy issues, uh staff does get a little bit nervous with precedents being set. So, I just wanted to make sure. Um no other questions, comments. Uh hearing none of that, we'll entertain a motion. And we do that together as well. Yes. Okay. What's the name of the second applicant? Claude Manning. Okay. Um uh uh I move that the requests requests by Michelle Clark and Claude Manning for encroachment agreements to allow for a fence on city-owned right ofway in the R21 and two family residence district located north of 760 Cloverdale Avenue on Lucas Street be approved for the following reasons. One,

the request would not appear to have a negative impact on the surrounding area. Two, the request would not appear to have a negative impact on vehicular or pedestrian traffic in the area. Three, the proposed structure conforms with the future land use map subject to the following conditions. One, a fully signed and executed encroachment agreement which includes provisions for the maintenance of the fence by the applicants. access provisions through the fence to provide access to the right of way that will be located behind the fencing as well as access to the 8-foot utility easement located along the east property line of the property in question. Two, assigned and executed fence over easement form. Three, proper permitting for each fence. And Michelle, you said you change. What name should we go by, Michelle? My last name is I S O N. Uh do not second. Thank you. Um we noted the name change there. Um we got a motion and a second. Any discussion hearing? If they don't if they don't have the um do they have the uh ability to go through the fences right now to get to the back as it says in the as it says in the uh conditions um access provisions through the fence to provide access to the right of way that will be located behind the fencing. Do they have that? So essentially, you know, if if this Anderson was staff, so essentially if Mid America or somebody had to go through there, I mean, they would have the ability to take the fence panel off if they needed to. And this is saying that is okay. I was wondering if we were going to require them to put in a gate or if that's what it was. Okay. Thank you. Question answered. Yep. Um All right. Um any further discussion hearing? None. All those in favor signify by saying I. I. I. Any opposed? Motion. I'm not opposed. I was I'm good.

Thank you. We got to get some of that waterlue fiber. [Music] Um anyway, good. Uh motion carries. I'll entertain a motion. Oh, do we got any other good and welfare? Any other items here? I don't think so. Old business. Uh John John's gonna say something. Oh no. You better not be retiring. Heck no. That's at least a couple decade a decade away, but more than a decade. No. Um, just to let you know, there has been some or um some laws passed by the state, so you'll probably see some ordinances coming through soon to adjust to those new laws. Ah, so including accessory dwelling units that are now legal. Oh, that's fun. Um, will there be any loosening of oversight on some items that we often deal with? Um, for example, if there's a simple plat, will there be still as restrictive? Um, you know, as the city gets larger and business picks up, these meetings could in theory go on until 9:00 at night or something. I know it's not. And what's the problem with that? Come on. Aren't you dedicated? I am dedicated and I'll get the work done but geez I'm a human too board meeting went till 9:30 if it goes to 9:00 I'm leaving right I mean this is Anderson with staff so I mean we we are generally looking at you know yeah exactly what you're saying if there's efficiencies we can make through some of the standard approvals that we see or changes that we're seeing other communities doing or some that we can come up with you have any ideas or suggestions please share those with us as we're going through the zoning ordinance amendment process. You know, if we can hit a couple of different things that may make some sense, we

will. All right, that sounds good. But anything we do, we have to get through Eric. So, that's Yeah. And at least at least have us uh our fiscal year comes to an end here in a couple months. At least have the the year- end report on our department finances, but we don't have to go super in depth. Um with that, I'll entertain a motion to adjurnn. So, move you. Second. Sherk. All those in favor? Second. [Music]