Planning, Programming & Zoning Commission - Regular Meeting

And time is 401pm and I hear Oh, and I will call this planning program and zoning Commission meeting order first up, I will entertain a motion to approve the August 11 agenda. This is motion made second. Thank you. There's a motion a 2nd discussion. Hearing none all those in favor of approving the August 11, 2026 agenda signify by saying aye aye opposed motion carries next up. I will when someone's comfortable, I'll entertain a motion to approve the minutes of the regular meeting on July 14, 2026.

I do have a correction of the minutes on page seven, and I don't know what items that it's actually referring to. This is Eric, do not, speaking here. So on page seven, when it's above D. Platts in that section where it says it was moved by Schoelberg and seconded by Poe, was Poe in attendance at the last meeting?

was not uh it says yeah it says poe on mine but um i was absent and it's noted at the top of the at the top of the minutes that i was absent okay so was that was that me then that's do not okay so oh yeah there it is yeah oh okay do not okay yeah There was a lot going on last month, so it's kind of understandable.

Are there any other corrections?

That's the only one I caught. Okay. Thank you.

All right. With that, I'll entertain a motion to approve the corrected minutes.

Moved.

2nd, sure, thank you any further discussion. All those in favor of approving the corrected minutes signify by saying, aye aye aye any opposed. Motion carries the time is 403 PM and a hearing is scheduled at this time for a request by. Sorry if I get the name wrong. Uh, to rezone approximately 5.29 acres from a 1 agricultural district to our 2 1 and 2 family residence district in order to split the last to allow for the construction of single family homes located south of 1220 Bishop Avenue to 1304 Bishop Avenue pages 11 through 18. In the packet at this time, we should receive in 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 29th, 2026. could we have a motion to receive and place this notice on file? All right, all those in favor of receiving and placing this notes on file signify by saying aye.

Aye.

Any opposed? Motion carries.

The staff the reason request would not appear to have a negative impact on the surrounding areas the areas comprised of primarily of residential uses the proposed reason request would not appear to have a negative impact on vehicular or pedestrian traffic conditions in the area and The site is served by Bishop Avenue, which is classified as a local road. The area in question has been zoned A1 Agricultural District since the adoption of the zoning ordinance in 1969. Surrounding land uses and their zoning designations are as follows. To the north is residential properties on a 1 agricultural district. The South is residential properties on a 1 cultural district to the East is residential properties on our 2 1 and 2 family residents district and to the West is residential properties on our 2 1 and 2 family residents district. Uh, the surrounding area consists primarily of single family dwellings built between 1940 and 1949. No portion of the reason areas located within the special flood hazard area. The stormwater detention plan will not be needed for this request. There are overhead utility lines running along Bishop Avenue. There is a 12 inch sanitary sewer line and an eight inch water main running in the right of way for Bishop Avenue. There is also an easement over the parcel between 1220 Bishop Avenue and 1304 Bishop Avenue, which is vacated city right of way. The reason request meets the requirements of the zoning ordinance is all of the buildable parcels are wider than fifty feet and larger than six thousand square feet. The applicant is not looking to subdivide the property at this time, but maybe looking to subdivide the property at some point in the future. Further approvals may be required for splitting of lots or a larger subdivision of the land. If a subdivision plot is needed to split the parcels, then a drainage plan will be required. The applicant is proposing to rezone 5.29 acres. There are five existing parcels in the rezone area. One of the lots is covered by an easement and is not buildable. It was a city right-of-way that was vacated by ordinance number 4769. April of 2005 there are two homes on two of the other parcels the rezone from a agricultural district are two one and two family residents district will allow for the parcels to be split to create more buildable Lots the reason would allow for homes to be immediately built on one of the Lots one of the Lots would be buildable after an access easement was granted for that lot and as it does not have street frontage. If homes were built on that lot, the parcels could be split in the future still. In the technical review committee, the engineering department noted that a drainage plan may be needed in the future, depending on how the parcels get split. The future land use map, a component of the comprehensive plan, designates this area as low density residential, one and two family. This request is in compliance with that designation. Therefore, staff recommends that the request by Yashpal Saini to rezone approximately 5.29 acres from A1 Agricultural District to R2 1 and 2 Family Residence District in order to split the lots to allow for the construction of single-family homes located south of 1220 Bishop to 1704 Bishop Approved for the following reasons one the request is in conformance with the comprehensive plan and future land use map for this area to the request would not appear to have a negative impact on traffic conditions in the area and 3, the request would not appear to have a negative impact on the surrounding area and would allow for 1 and 2 family homes to be built. And with the following conditions that the final site plan, it's all applicable city codes, regulations, et cetera, including, but not limited to parking, landscaping, screening, training, et cetera.

All right, thank you for stuff. Do any commissioners have questions for staff?

No, just out of curiosity, for that easement going through the middle of the parcel there, is that they're saying that they cannot build on that, or since it was vacated, could they use that on page 14? Is that the overhead utility?

Since there's an easement running in between those two homes, we wouldn't allow them to put any structures in that easement.

This is Schroeder with staff. Right-of-way was vacated, so it's no longer public right-of-way, but an easement was retained, so utilities can still go there.

That's all I add.

Thank you.

Is the applicant here? No? Okay. Is there anybody in the council chambers that would like to speak on this agenda item? Quiet bunch today. I will entertain a motion to close the public hearing. So, sure 2nd, thank you all those in favor of closing the public hearing signify by saying aye aye aye any opposed. Motion carries I will entertain a motion on the agenda item.

This is Schaefer I move we recommend approval of the request by to rezone approximately 5.29 acres from a 1 agricultural district to our 2 1 and 2 family residence district in order to split the lots to allow for the construction of single family homes located south of 1220 Bishop 21304 Bishop. Also with the condition that the final site plan meets all applicable city codes regulations including but not limited to parking landscaping screenings screening and drainage Second do not thank you.

There is a motion in a second. Is there any discussion? Hearing none all those in favor of approving the agenda item signify by saying aye Any opposed? Motion carries. Thank you next We have a request by Cedar Valley Catholic schools for a special permit to allow for expansion of a school and the are for multiple residents district and the are to 1 and 2 family residents district located at 3451 Hammond Avenue pages 19 through 29 in the packet.

Just starting off with staff request would not appear to have a negative impact on surrounding area as a professional per minutes on an existing site. The majority of the property in question is zoned R4, Multiple Residence District, since being rezoned from R2, 102 Family Residence District by ordinance 2651 on October 1st, 1973. But the west side, which is primarily a parking lot, It's owned our 212 family residence district since the adoption zoning ordinance in 1969 to North is residential uses on our 4 multiple residence district and our 212 family residence district to the East is multiple family residential and commercial zones are for multiple residents. District a 1, a cultural district and C2 commercial district. To the south is multi family residential for man drive and professional off zones are two one and two family residents district are for multiple residents district and C to commercial district. And to the west is Columbus high school ball fields residential and religious facilities on our two one and two family residents district are three multiple residents district are for multiple residents district and a one agricultural district. If changes are planned to the property, a drainage plan may be required. Cedar Valley Catholic schools is requesting a special permit to turn the property located 3451 into a school use. The zoning ordinance requires that educational facility obtained a special permit issued by the board adjustment after recommendation from the planning and zoning commission. This is due in part to the ability to develop in many zoning classifications as well as the impacts of such development can have on a public infrastructure, such as traffic, sewer, et cetera. The building was originally built in nineteen eighty and used by GMAC mortgage for many years until the two thousand thirteen two thousand fourteen time period after. Residential capital, the parent company went bankrupt and was purchased by another financial company who later close the Waterloo operations over a period of months. The building was purchased in May 2020 by star Waterloo LLC and request a special permit to turn the building into and parking lot into self storage facility. However, special permit request was withdrawn before it came before the planning programming and zoning commission. In November 2020, Stratacash Arkham Lake LLC purchased the building to use as a network operations center, but saw only sporadic use due to issues with the parent company. The property is now being donated to the Valley Catholic Schools. While the property is across the street from the play fields and main campus of Columbus High School, the schools are planning to operate this site independently from the high school and avoid having daily traffic between the two facilities. How the property will ultimately be used has not been determined, but it could be used before and after school programs, parking and other school related activities. The fire department noted that a change of use of the building will need to be reviewed by a design professional and will need to be reviewed by the state of Iowa fire marshal's office. The building department will need to see plans what is going to be done with the building. Therefore, staff recommends that the request by Cedar Valley Catholic Schools for a special permit to allow for expansion of the school in the R4 Multiple Residence District and R212 Family Residence District located at 3451 Hammond Avenue be approved for the following reasons. The request would not appear to have a negative impact on the area. So he's used for commercial office for morning years. The request would not appear to have a negative impact on particular pedestrian traffic in the area. Quests is in for us at the future line use map and comprehensive plan for the area. The site is largely set empty for many years and we'll find a new use subject to the final to the following conditions that the final site plan means all city codes regulations, et cetera, including, but not limited to parking, landscaping, drainage, et cetera.

Thank you. Do any commissioners have questions for staff?

I have a statement. I will not be able to participate in voting in this request, in this item, because I sit on the seat of Catholic schools. So I'm recusing myself for this item.

Things like that happen. It's kind of a small town. I got two questions, Lystico. First off, the use isn't actually finalized for the school. Ultimately, it could impact traffic. For example, we know that when softball, baseball's going on on Hammond, traffic's busy there, parking's going on. That's fine. Are there still any plans for maybe changing how traffic is handled at Hammond and Ridgeway?

Jamie Knutson, city engineer. Excuse me, Jamie Knutson, city engineer. The city has received, I believe, three grants at this point to replace the intersection of Ridgeway and Hammond. It's currently a four-way stop with a roundabout at that location. How soon that will happen, they're just starting the process of providing concept statements and things to the DOT to start the design. So it's probably at least another year, if not 18 months out. But that's coming up.

Very good. Thank you. My, my other question for staff, um, there is a pond on this property. Could that be, um, used as. A qualifier for stormwater retention.

Jamie Kutzen, city engineer. I would have to go back and look. My guess is that yes, it could, but it's probably depending upon what the schools decide to do with it and a whole other bunch of variables if they add more paving or take paving out and different things that it may or may not be big enough for what is required to meet the current ordinance, but that's something that we would work with the schools if and when they decide what they're going to do with it and if they're going to add more paving or what have you, so. But currently, if they don't change anything, they're not required to change anything for detention.

All right. Thank you. Is there any other questions for staff?

No?

Is the applicant here?

Yes.

Come on up. State your name and address. Maybe speak a little bit about this, if you wish.

I'm the chief administrator for Cedar Valley Catholic Schools. Been with the organization for the last 10 years. My home address is 629 Alpine Drive in Waterloo. So essentially I live in a building right now with Westminster over on Kimball Avenue. So again, this exciting opportunity. Looking forward to putting enrollment growth into a new site and to do so without having to build a brand new building.

All right, so in a nutshell, you guys have a need for a building already with younger students, and this seems like a pretty decent solution to it.

Yes, absolutely.

All right, are there any other questions from commissioners for the applicant?

No?

All right, thank you so much for your time.

Yeah, thank you.

Um, well, I don't think with that, we probably make a motion on the agenda item.

This is Rucker. I'll make the motion to approve the request by Cedar Valley Catholic Schools for a special permit to allow for expansion of a school in the R4 multiple residence district and R2 one and two family residence district located at 3451 Hammond Avenue, subject to the following conditions, that the site plan meets all of the applicable city codes, regulations, et cetera, including but not limited to parking, landscaping, drainage, et cetera.

Second. Sure. Thank you. There's a motion and a second. Is there any discussion? Hearing none, all those signify by saying aye. Aye.

One abstention.

We got one abstention. Any opposed? Do I need to? Did he excuse himself? We still technically have quorum. Okay. Because absence and abstention are 2 separate items. Okay, so that motion carries. Um. At this point, if there are people that would like to speak on non agenda items, they can come on up to the podium, state their name and address and then they will have 5 minutes to speak on that non agenda item.

Thank you.

My name is Jay Grote, residing at 2229 Edgemont Avenue, Apartment 7 in Waterloo. Coming up today to advocate again for the citizens of Waterloo who are speaking up in opposition to the data centre. At the last meeting, in your meeting notes, you'll note that we called for a moratorium and to table the issue of approving the data centre when it comes to this panel. I'm also bringing to the attention of the panel that Myself and a group of other individuals have submitted documents asking for inputs and request on information from the Council on their. Technical expertise regarding information about the data Center that goes pretty in depth into some of the information that we would like to see addressed that would help with our concerns and help. build a prosperous Waterloo. The other thing that I also want to draw to the attention of the council is also the publication of a new data center evaluation toolkit published by the University of Iowa with the Tippie College of oh environmental law i believe that that would be a great asset for all uh involved including the technical review committee and city council members to begin looking at along with our questions to begin evaluating the purposes and the usefulness of a data center especially one consisting of eighty thousand square feet as a starting size for the city of waterloo that would be very beneficial if you could all start beginning to uh get yourself educated on that we've brought many concerns and we do want to see that uh you know, action on our concerns. We appreciate all your listening and all the time that you've spent putting the attention towards this matter. But as a reminder, we the citizens of Waterloo who have opposition to this are still here and very concerned about that. Thank you so much for your time.

Thank you. That thing from the University of Iowa that's in conjunction with the Hubbell Environmental Law Initiative I have been looking at is not my only source of stuff. But if we do come to a vote on this, I'll urge folks to kind of compose themselves as Jake here did. In a way that they cite sources, and that way people maybe don't repeat themselves because there becomes a point where there's a lot of people talking, repeating themselves, and maybe that doesn't do as much as where solid facts that are cited keeps things going in the right direction. He stole my thunder on that source, by the way, but it is up there. You can check it out. Right now, because we don't have anything like that. In front of us, we can't apply apply all the variables to it. So I'll leave it at that. Are there any other non agenda items?

I'm going to thank you in advance for your patience because I'm ill-prepared. My name is Victor Rottinghaus. I live at 113 Allen. Last night I was awarded the contract at 1410 Independence for the old school over there. We're looking at some serious issues, as you probably know, asbestos remediation, other issues with the dilapidation of the building. So I came down to talk to Eric. I was going to see how we can get it fast tracked to get approval for rezoning because I've only got 60 days for the due diligence period. And the reason that is truncated is because my goal was to close before winter so that the city and school board would not have to fit the $50,000 heating bill. So in order to get closed before winter in the city, not have to pay that money, I need some answers quickly on whether or not or how we're able to rezone that. So I'm just looking for a little bit of direction there. And also, if I can get some kind of preliminary approval that we could subdivide it into some outlets for four plexes and also rezone it, of course, as residential mixed use. The reason I want to develop it as four plexes is because then the VA will fund each unit at 100% rating for a veteran. So no money out of pocket for a veteran. The rest of my goal is to lease those other three units in that four plex out so that a veteran would have a highly subsidized lifestyle. As you probably have heard, you know, like tunnels to towers and there's other nonprofits that give away houses. Problem is there's still a liability of insurance upkeep utilities. So I aim to mitigate that through my plan. But in order to make all that work, I need a little help.

Thank you Eric Schrader city planner, so I am not familiar with this property or the zoning of this property so We can certainly get in touch later to talk about the rezone process I'm not familiar with what the site is zoned now its own commercial is what I showed Okay, do you know what commercial it just said commercial?

I mean it's school

Yeah, if you're looking at the assessment assessed as C commercial, that has nothing to do with zoning.

Okay. What's the address on that school at? Where's that at?

1410 Independence Avenue, Waterloo 03. Oh, the old Expo?

It's Old McKenzie Street. That became Expo.

Okay, so that's right on the edge of residential.

It's zoned residential. It's zoned multifamily residential. Okay.

Okay, and I, the other help that I need is in the subdivision for the outlets, so it may already be zoned multifamily.

We'll review that. So you may not need a rezone the splitting it into outlets. That's a plotting process. That's a fairly lengthy process, hiring an engineer, going through a preliminary plat final plat. It's a very technical process, but it's, I mean, if it's zoned appropriately for that, then it's, like I said, a technical process, not necessarily more of a are you allowed to do it process. But yeah, we can review that.

I came down to talk to Noel and they said everybody was in the meeting. I was like... Okay.

Well, our staff is awesome at this. So the fact that the structure that you're planning on working on is already in the correct zoning is great. If you do go to get the platting done on the other sides of that, you will have to come up with a site plan amendment and they will request things like property lines and setbacks and probably a stormwater retention plan or SWPPP is what they call that and But that is, I think that can actually be done after the primary use is being used correctly and what it's zoned for. Correct me if I'm wrong on that.

If they're going to be building new buildings, no, they would need all of that in place for the construction. Yeah.

I don't think they would split it anyway because it's combined with Highland Elementary.

So, yeah, if I need those approvals by October 1st, when would you need to know by and when would I need to have all of my information in.

I mean, I'm not sure what all approvals you need, so we'll, we'll meet offline and what exactly you're looking for.

You got us contact information. Yes. Okay. All right. Any other non agenda items that anyone would like to speak on.

Okay, with that, I'll entertain a motion to adjourn. Just real quick, under discussion, I just had a couple of things I wanted to bring up. First off, I wanted to point out that the next Planning and Zoning Commission meeting is September 1st, which is the first Tuesday of the month instead of the second Tuesday, so just kind of pointing that out. That's due to the Labor Day holiday, which is causing the City Council meeting to move to the second Tuesday. forcing the Planning and Zoning Commission to move Correct, yep, yep. And then the other thing I wanted to mention that you may or may not have already been aware of, but Planner Adarsh Tamala recently took a job in California, so he is no longer with us, so we have already started the hiring process to get a new planner.

All right, and I have an announcement or a statement that this will be my last meeting for being on this commission. because my term on the Waterloo Commission on Human Rights ends in mid-August, so August 21st, and I have chosen not to reapply to that commission. So now we have a spot open.

Thank you for serving the city for all these years.