Planning, Programming & Zoning Commission - Regular Meeting

Uh, can we be heard on Zoom right now? Would someone nod or something? Okay, good. Uh, it is 4 PM and we'll call this planning, Programming, and Zoning Commission meeting to order. Uh, first up, I will entertain a approval of the July 8th, 2025 agenda. So moved. Do not second youing. All right, there's a motion and a second. Any discussion? All those in favor of approving the agenda signify by saying I. I. Any opposed? Motion carries. Next up, uh we'll do a motion to approve the minutes of the regular meeting on June 10th, 2025. Go over them real quick and when someone's comfortable, I'll entertain a motion. So moved. Shelberg second poe. There's a motion and a second. Uh all those in favor of approving the agenda signify by saying I. I. I. Any opposed? Motion carries. Uh next up, we will u entertain oral presentations on any non-aggenda items. Uh if there's anyone on Zoom or in the council chambers that would like to speak on a non-aggenda item, uh please come up to the podium or uh sign and get get our attention on Zoom. We do not have any oral presentations at this time. So we will go into our new business at this time. We'll Oh, the time is 4:03 p.m. and a hearing is scheduled at this time. for a request by Malcolm, pardon me, Cleop. Cleop Malcolm Cleop to reszone approximately. 27 acres of land from C2 Commercial District to C2CZ conditional zoning district to allow an aquaculture shrimp

farming wholesale business located at 2625 Falls Avenue, pages 7 through 16 in the packet. Um, at this time we should receive and place on file a statement of verification signed by Alyssa Little stating I, Alyssa Little. Oh, Alyssa Little, stating I, Alyssa Little, do hereby certify that a copy of the attached letter, aerial photo, and site plan was mailed to each individual on the attached list by regular mail on June 26, 2025. Could we have a motion to receive and place this notice on file? So moved, Shelberg. Second Euing. There's a motion and a second. Uh all those in favor of receiving and placing this notice on file signify by saying I. I. I. Any opposed? Motion carries. Um we can go into the staff report now. This is Tamala with staff. The applicant is requesting to reszone 27 acres of land from C2 commercial district to C2CZ conditional zoning district to allow an aquaculture shrimp farming wholesale business. The proposed reason would not appear to have an impact on the surrounding neighborhood and land use. The proposed reason would not appear to have an impact on vehicular and pedestrian traffic as the reasonzoning is to accommodate a wholesale agriculture farming business. Therefore, it should not have impact it should not impact vehicular or pedestrian congestion since it is not a retail use. The proposed reszoning area is currently zoned C2 commercial district and has been zoned as such since 1969 surrounding land use and their zoning regulations. Northeast, south, and west commercial and residential uses zoned C2 commercial district. Residential

properties were built as early as 1929 through the 1940s and 1960s. Similarly, commercial uses have been built as early as the 1940s. There is a a 12-in water man along Falls Avenue. The future land use map designates this area as mixed commercial, medium to high density, residential, professional offices, neighborhood commercial. The intended use would not be in conformance with the future land use map, hence the reasonzoning request. The applicant is requesting to reszone approximately 0.27 acres of land from C2 commercial district to C2CZ conditional zoning district to allow an aquaculture farming shrimp farming wholesale business. The C2 commercial district does allow for pet stores and aquariums, but it was deemed that an aquaculture farming business is a different use, especially considering that it would be a wholesale business operation. The proposed the proposed building addition would require a setback variance. On the June 24th, 2025 board of adjustment meeting, the board tabled the 3-foot sideyard and 3-foot rear yard setback variance request to the board of adjustment meeting on July 22nd, 2025. Engineering strongly recommends a building pre-construction meeting to coordinate a plan for sewer, storm water, and other infrastructure prior to construction. Engineer would like to inform the applicant that the limited amount of space if a setback variance is approved could lead to potential issues with implementing storm water detention. Engineer would also recommend that the applicant further discuss their project with the waste man with waste management regarding wastewater. Therefore, staff recommends that the request by Malcolm Cleop to reszone approximately 0.27 27 acres of land from C2 commercial district to C2CZ conditional zoning district to allow an aquaculture shrimp farm shrimp farming wholesale business located at 2625 Falls Avenue 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 a negative impact upon pedestrian and traffic conditions within the surrounding area. The request is in conformance with the comprehensive plan future land use map which shows this area is mixed commercial. Thank you. This is Shrader with staff. Just to note the board of adjustment uh tabled this uh primarily to allow the reszone to proceed and and not have any uh action that they would do um potentially weigh on the reszone process. Um but I just wanted to note that the variance is a separate issue. The reason can proceed. Um even if the reszone would be approved and a variance not approved, um they can still move forward with the plans. They would just have to alter dimensions to not require a variance. Okay. So that answered my first question. Yeah, that actually answered my my question. Thank you. Um are there any other questions from commissioners? So this is do not and I just wanted to know if the um the request resolved their issues with waste management as well. This is Shider with staff. So they're not necessarily issues. They're just um um concerns that engineering was noting and um Jamie is here. He can address this as well, but uh if they do get the variances, they're not going to have a lot of room on on the site. um probably they would have to go with underground detention um which is a viable option. It's just tends to be more expensive than other detention options. Has the applicant stated how many pounds of shrimp that will be farmed there or grown there and what kind of vehicles are picking the the product up in? I don't this this might be a good opportunity for the applicant to step

up. Yeah. Sounds very interesting. Yeah, I can answer that question. Approximately based on the area, we could do as much as 12 tanks. More or less like a above ground swimming pool is what you would see in everybody's neighborhood. Each tank is capable of handling about um thousand fingerlings or post larva meaning the small shrimp and is expected to be grown out in about three to three and a half months and about 250 pounds every other week. Oh, okay. Small scale to start with, but there are a few others shrimp farmers in the area, one by Dyresville and one by Story City, and they have been very successful doing this. And so just delivery vans can pick up easily. I have an access gate that I will open on both sides. Oh, okay. So I I believe most of the products will go to Chicago because of the Asian market, but I would like to sell local. Sure. That's my goal first. Our state. And for the record, your address is where at? 2625 False Avenue. Okay. Thank you. We we make everyone do that that comes up to the podium. Okay. I I could also address the waste management if you want at this point in time. Okay. The the system we're going to use is called RAS, recirculating aquaculture system, which would mean the water is recycled back for the shrimp uh cycle. It's just like operating the sea. Water is recycled using the Boflux system where we would feed the water with the ne uh necessary requirements to sustain the shrimp as if they're living in the sea. Okay. So the water is filtered back through a separate tank and recycle back. So we would actually end up losing water

because we want we would like to maintain the temperature to be humid 80°. So we would lose about 8 to 10%. So we would have to add water at some point in time. So worst scenario is if somebody sabotaged the building that will be the only water coming out but as far as I know it's contained inside but we'll address all the issues required for waste management if needed. All right that's very interesting. Thank you. Um any other questions from commissioners? Is there anybody on Zoom that has a question? Uh at this point I think we can go ahead and entertain a motion to close the public hearing. So moved you second sherk. We got a motion in a second. All in favor of closing the public hearing signify by saying I. I. I. I. Any opposed? Motion carries. Uh next up I can entertain a motion on the agenda item. This is Shberg. I'll make a motion that we approve the recommendation or approve the request by Malcolm Cleop to reszone approximately 27 acres of land from C2 Commercial District to C2CZ conditional zoning district to allow for an aquaculture shrimp farming wholesale business located at 2625 Falls Avenue. Second. Do not There's a motion and a second. Uh any discussion hearing? None. All those in favor of approving the request signify by saying I. I. Any opposed? Motion carries. Thank you. Um, next up we've got uh it is 4:11 p.m. and a hearing is scheduled at this time for a request by the city of Waterlue to reszone approximately.19

acres from C2 Commercial District to R3 Multiple Residence District to allow Iowa Heartland Habitat for Humanity to split two lots into three, but maintain a single zoning on the three lots located at 512 Almond Street, pages 17 through 24. At this time, we should receive and place on file a statement of verification signed by John Dornoff stating uh a verification signed by Alyssa Little stating, "I, Alyssa Little, do hereby certify that a copy of the attached letter, aerial photo, and site plan was mailed to each individual on the attached list by regular mail on June 26, 2025. Could we have a motion to receive and place this notice on file?" So moved. Do not second. Poe. We got a motion and a second. Uh all those in favor of receiving and placing the notice on file signify by saying I. I. I. Any opposed? Motion carries. This is Dornoff with staff. The applicant's requesting um to reszone approximately 0.19 acres. Iowa Heartland Habitat for Humanity is planning to split two lots into three, creating a lot um with two zoning designations. Um therefore this reszone will allow all three lots to share the common zoning. The area in question is currently zone C2 multiple residence C2 um commercial um commercial district and has been zoned section since the adoption of zoning ordinance 2479 in 1969. Surrounding land uses zoningers falls. To the north, commercial and residential zone C2 commercial district. To the south is commercial and residential zone C2 commercial district and R3 multiple residence district. To the east is commercial residential and community center zone C2 commercial district. To the west is residential zone R3 multiple residence district.

Iowa Heartland Habitat for owns 512 Omen Street and the adjacent lot to the west. The city of Waterlue will be de um demolishing the abandoned commercial building located at 512 almond street which was approved by council last night and the Iowa Heartland Habitat for Manity is planning to split the two lots into three. Um in order to construct three single um single family homes. Um the property at 512 Almond Street is currently zone C2 commercial district and the adjacent lot is current is presently zone R3 multiple residence district. in order not to have a lot with two zoning designations. Once the split takes place, the city of Waterl is requesting that the site of the former commercial building be reszoned R3 multiple residence district to match the zone um the adjacent empty lot. Um the request is being made by the city of Wateroo since Iowa Habitat for Humanity could build a single family home in a C2 commercial district, but the city would like to avoid having um a lot with two stony destinations. During tech review, new Canudson noted that the houses will need to have driveways off the alley to which um Shrader responded that the site plan in shows all three homes having detached garages accessed off the alley. um Iowa har Iowa hardland habitat for many was splitting the lot into uh it into a two um the two two lots into three in order to create three buildable lots. Um they did require variance from the board of adjustment which was approved at their um last meeting. Therefore, staff recommends that the request by um the city of Waterl to resz on approximately 0.19 acres from C2 commercial district to R3 multiple residence district allow for Iowa Habitat um Iowa Heartland Habitat for Humanity to split two lots into three but maintain sing um one zone um along the three lots be approved for the following reasons. The request would

not appear to have a negative impact surround the area. The request would not appear to um the request would allow the three lots to created by Iowa Heartland Habitat for Manning to have residential zoning and the reason will keep uh a single lot from having two different zoning designations. Excellent. Uh do any commissioners have questions for staff? Uh is there anyone out in the council chambers that have questions for staff? Is there anyone on Zoom that has questions for staff? Quiet people today. Um, without any questions, I will entertain a motion to close public hearing. So move. Sure. Second, Paul. We got a motion, a second. All those in favor of closing the public hearing signify by saying I. I. I. Any opposed? Motion carries. Um, at this time I will entertain a motion to uh I'll entertain a motion on the agenda item. This is do not. I move that the staff recommendation uh to adopt the item as presented um be that the item be adopted to to approve the item. Yes. Okay. Second, Joelberg. There is a motion and a second to approve the request by the city to reszone.19 acres. Uh is there any discussion? I'm going to have to abstain from this one. I was the city's attorney on this case, so little bit of a competition. All right, that's okay. Um any other comments, questions? Hearing none. All those in favor of approving the request signify by saying I. I. Any opposed? Abstension. Thank you. Motion carries. Do we need to read this into the record? I'm I can read it into the record if we

need to. Um at least the agenda item uh usually crashing behind it. Oh, is it the same thing? So, I move that even come to this meeting. Oh, we got we got through it. Oh, no. No, it's not hard. It's not good. We're good. Okay. Thank you. If I have any doubt about clarity, I will make sure I clarify. Um, right. Uh, next up, uh, the time is 4:18 p.m. and, uh, hearing is scheduled at this time for a request by the city of Waterl to reszone approximately 0.15 acres of land from R2CZ conditional zoning district to R2 one and two family residence district located west of 207 Hope Avenue, pages 25 through 30 in the packet. At this time, we should receive and place on file a statement of verification signed by Alyssa Little stating, "I, Alyssa Little, do hereby certify that a copy of the attached letter, aerial photo, and site plan was mailed to each individual on the attached list by regular mail on June 26, 2025. Could we have a motion to receive and place this notice on file?" So, moved. You second, Shberg. Okay. Uh, all those in favor of receiving and placing the notice on file signify by saying I. I. I. Any opposed? Motion carries. Mrs. Scowman with staff. The applicant is requesting to reszone a piece of land to get rid of the conditional zoning as it is no longer needed because it is currently street ride ofway. The proposal would not appear to have a negative impact on the surrounding area or on vehicular or pedestrian traffic. The area is zoned R2CZ conditional zoning district and has been s zoned as such since February 2, 1998 when it was zoned from R21 and2 family residence district. Surrounding land uses and their zoning are as follow. To the north

is uh land in the Logan Avenue right ofway zoned R21 and two family residence district. to the south, east, and west are residential homes zoned R21 and two family residence district. The area is composed mostly of single family homes and the Logan Avenue uh which is also Highway 63. The surrounding homes were built from 1912 through the 1950s. Uh, the properties that became part of Logan Avenue/highway 63 Street Ride ofway had the structures on them demolished or relocated between 2010 and 2011. The applicant is requesting to reszone approximately 0.15 acres of land from R2CZ conditional zoning district to R21 and two family residence district. This reszone is being done in an effort to clean up the zoning uh throughout the city by getting rid of a conditional zoning district that is no longer needed. The conditional zoning was approved to allow for motorcycle repair business from the garage of the house that used to be located on that lot. The house that used to be in the area in question was demolished between the end of 2010 or beginning of 2011 uh to become part of the Logan Avenue Highway 63 and it's right away technical review committee had no concerns uh with this request. Therefore, staff recommends that the request by the city of Waterlue to reszone approximately 0.15 acres of land from R2CZ conditional zoning district to R21 and2 family residence district west of 207 Hope Avenue be approved for the following reasons. One, the conditional zoning is no longer needed. And two, the request would appear to be in conformance with the future land use map and will clean up the zoning map. Excellent. Thank you. Do any commissioners have questions for staff?

Yes, this is do not. Have the issues or the questions um related to the Iowa Department of Transportation been resolved? What issue? Uh am I reading the wrong item? Um this is item three, isn't it? Could um five acres of land? Yeah. On page six in the packet, there's a reference to Canudson asking who owns the um lot, then it talks about the Iowa Department of Transportation. That wasn't noted as a concern. It was just a a question and the question answered. Okay. Isn't that for that's for the is that for the next agenda item? No, that's for this one. Oh, okay. That he was referencing. Yeah, I thought I was reading the wrong thing, too. So, no, it's it's for this one, but it was just the it was asked who actually owns the lot, and it is the uh state of Iowa under the Iowa Department of Transportation since it was bought for right away for US Highway 63. Yeah. And then and then you're right, uh, Philip, that there's a whole section about the Iowa DOT for the next item, B1. Glad we got that resolved. Um, any other questions? Okay. Um, I'll entertain a motion to close public hearing. So moved. Sherk. Second. Um, all those in favor of closing the public hearing signify by saying I. I. Any opposed? Uh, motion carries. Uh, next up, I'll entertain a motion on the agenda item. Mrs. PO I recommend that we move forward with this request uh to reszone the 0.15 acres of land from R2CZ conditional zoning district to R21 and2

family resident district west of 207 Hope Avenue be approved uh for the listed reasons below. Second do not Thank you. We got a motion and a second. Any discussion? I will give a nod to the staff for slipping this in on a low workload month. Um I like it. I know that these things have to be done over time. So it's better to not do it all at once. This is Shredder with staff and just um a note on that we are going to go through and identify others but we will try and bring them through um as we have light agendas. All right. Uh any other discussion? All those in favor of approving the agenda item signify by saying I. I. I. Any opposed? Motion carries. Uh, last up, we've got a request by Harold Reichkes Surveying on behalf of Gregory H. Stefen for the minor plat of parcel CND and the R21 and two family residence district located southeast of 4192 Logan Avenue, US Highway 63, pages 31 through 40 on your packet. This start off with staff. The applicants requesting a minor plat of two lots in order to construct single family homes. Propos would not appear to have a negative impact surrounding area. The area is currently made up of a storage business at the corner of Big Rock and Logan Avenue residences and agricultural. Um would not appear to have a negative impact vehicular or pedestrian traffic movements in the area as the home will be served by Logan Avenue US Highway 63 which classified as a principal arterial. Um the area is zoned R2 and two family residence district having been zoned as such since the adoption of zoning ordinance number 5569 on August 17th 2020 which was reszone the property from A1 agricultural district to R2. Surrounding land uses and zoning falls to the north is residential and agricultural zoned R2 one and two family resident district and

A1 agricultural district. To the south is residential and commercial zone A1 agricultural district and C2 commercial district. To the east is agricultural zone A1 agricultural district. And to the west is residential Logan Avenue and agricultural zone C2 commercial district and A1 agricultural district. Homes in the area were built between 1879 and 2021 and commercial properties were built in 2006. Um there are no utilities in the area. The nearest utilities are located in Big Rock Road. The homes will have to utilize a well and septic system and but will be required to hook up a public sewer and water if they become available in the future. The applicants requesting a minor platable lots in order to construct single family homes. The property was reszoned by ordinance 5569 in 2020 in order to construct one new single family home in addition to the existing home on the property that was built in 1930. Conditions of zoning include a provision that the property owner would need to return to the planning program and zoning commission and city council for a site plan amendment for additional homes which was approved by count by ordinance 5785 on April 21st, 2025. The proposed new homes do meet the requirements of the R21 and2 family residence district. They keeping with the future land use map designates this area's low density residential. The um plat includes a legal description, property lines, dimensions, date, certificate of the survey and proper light se lot sequence. While it does not meet all the requirements of preliminary and final plat given the minor nature of the plat, the additional information would not appear to be necessary. Um during tech review, the Iowa Department of Transportation emailed asking if there would be more development than these two homes and asked um what we meant by a MUTCD sign to which Dornoff responded that additional development would require a full platting process and the extension

of sewers which would be very expensive. Um and emailed I do example the sign which they said was satisfactory. ID dot also asked for verification that driveway is currently addressed as 4192 Logan Avenue to which Dornoff responded it was. Therefore, staff recommends that the request by um Harold Reich's survey on behalf of Gregory H. Stefen for the minor plat of parcel CND in the R212 family residence district located southeast of 4192 Logan Avenue be approved for defined reasons. Their request would not appear to have a negative impact on traffic conditions in the area. Their request will not appear to have a negative impact on surround area with conditions being met below. Um homes to the north are zoned R2 one and two family resident district zoning to the south of C2 commercial district. The request would allow two new single family homes. Their request would not would appear to meet the intent of the zoning ordinance with the following conditions. That the homes be hooked up to sewer and water if they're extended to the area in the future and that um an approved directional sign be installed on O Logan Avenue. Thank you. Do any commissioners have questions for staff? Yes, this is do not. I'm just double checking just for the record that the questions by um the Iowa Department of Transportation and concerns um have been resolved because I was putting the question in the wrong place earlier. Yes, the DOT was happy with all of the answers that we provided them. Okay. All right. Um, follow-up question. Usually when the DOT starts having concerns at some point and we're at that threshold where uh I don't know if fire access to these properties is adequate. Uh, could I get some insight on if the fire department said anything on it?

Yeah, the straighter was staff. No, the fire did not address anything. this um from the original parcel with one home. The this would bring it up to four, the original one, the the the new one that was approved a few years ago. And then these two additional. Anything more than that would be considered a major subdivision that would need to figure out how it's going to have proper services and proper access, which would probably be either a public road or some sort of Yeah. private road that um would meet minimum access. widths, which is I believe 50 feet is the minimum once you get to a major subdivision. All right. And just a quick qu um answer on Iowa DOT. They're currently um going through the area examining, you know, driveway access, that kind of thing off of Highway 63 right now to the north. So they're anytime something's coming up, they're asking questions right now so they can keep updated and um as they design make their plans for the future of that highway. Thank you. Um I see the the road or the the subdivision itself is not directly touching Highway 63, so it would not impact any future trail development, etc. Correct. All right. Um any any other questions? Anyone in the council chambers got questions? Anyone on Zoom have questions? Is the applicant on Zoom? Nope. Okay. Um, no other questions. I think we can entertain a motion on the item. This is Schoberg. I make a motion that we recommend the request by Harold Reeks surveying on behalf of Gregory H. Stefen for the minor plat of parcel C and D in the R2 one and two two family residence district be located southeast of 4192 Logan Avenue be approved with the two following conditions. One that the homes

be hooked up to sewer and water if they are extended to the area in the future and two that an approved directional sign be installed along Logan Avenue. Second sherk. Okay, we've got a motion and a second. Any discussion? Hearing none. All those in favor of approving the agenda item signify by saying I. I. I. Any opposed. Motion carries. Um, next up, uh, I think old business discussion or discussion discussion is what it is. Uh, any any new discussion items? Uh, with this being July next month would be a great opportunity to have at least a annual report on the department's finances. Um, could I kindly ask that we just get a brief report on that so we can see how we did over the fiscal year? All right. Um, I will if there's no other discussion, I will entertain a motion to adjurnn. So moved. Shelberg second. Ying. All those in favor signify by saying I. All right.