Planning, Programming & Zoning Commission - Regular Meeting

Good afternoon. I will call this planning, programming, and zoning meeting to order. Uh first up, I will uh need an approval of the August 12th, 2025 agenda. Uh please note we could combine items C1 and D1.

Um I have a question. Okay. Are we going to be discussing uh B2 or are we offering a table of B2? No, no. B1 it we're going to be discussing it. staff is recommending that you at the end table it, but we're going to be discussing it. The applicant will have an opportunity to talk. Okay. So, I move to approve this is do not I move to approve the agenda as um as recommended with the amendments of combining items C1 and D1. Second, sherk.

All those in favor signify by saying I. I. I. Any oppose? Motion carries. Next up, uh when somebody's comfortable with going over the minutes here and they feel they're right, go ahead and uh make a motion to approve the minutes from the last meeting on July 8th. This is Commissioner Schaefer with an motion to approve the minutes from July. Second. There's a motion and a second. Uh, all those in favor of approving the minutes signify by saying I. I. I.

Any opposed? Motion carries. At this time, uh, we'll allow people to come up and speak on any non-aggenda items. I think we know most people are here for a particular item, but if there's anything that's a non-aggenda item, uh, you may come up to the podium, state your name, and speak on it. Is there anybody on Zoom that would like to speak on a non agenda item? I'd like to speak for a non-aggenda item.

Okay. Okay. Come on up and state your name and address. Mike Henning, 138 Sideill Drive, Wateroo, Iowa. Agenda item. I'd like to to have a couple questions for planning and zoning is uh uh relates to Paradise Estates, which is a totally different development than I think is on the agenda tonight. Is that correct? Correct.

Okay. Um I'm just would like and appreciate an update from planning and zoning or you can tell me who the right people are. But in on November 9th of 2023, the Waterlue uh courier article said that dozens of new homes are expected to be built this spring in southern Water to the benefit of area employees and families with children in a nearby elementary school, which is Orange Elementary. Uh Cheryl Holders came together. There's a whole group of people. There's pictures of them in the out in the in Paradise Estates. There was nobody from the school or nobody from the neighborhood there, but it was a big party. So shareholders came together on the paved drive to celebrate what's called Waterlue's largest housing project in at least 20 years. Ground was broken on the first of 64 homes and expected to be 240 to 50 250 lots as part of the first edition. First edition is 64 lots and work technically began in September and and water, sewer lines, storm stuff is all put in the ground. Stop out and take a look. It's a great neighborhood. We expect dozens of houses to be started by the spring of 2024. As of to date, there's been six houses started. About one of them, as far as I know, has been completed. It started being open houses for it. Was started in April of this year for the first house. The first ones are supposed to be a year ago. It's still not sold. The whole place generally looks like a weed yard.

130 acres of weeds. How do we get an update on what's the status? U Eric Schrader, city planner. I I'm aware that the project is um moving forward a little slower than it was originally anticipated. A little slower. I am not aware of the details as to why or what any sort of new timeline is. So, I can reach out to null Anderson, the director of community planning and development, and maybe we can reach out to the developer and see if we can get some sort of update that we can pass along to the neighborhood.

Okay. So, that's what'll happen. You'll get a hold of No. We'll get an update from Corey. Wonderful. Because it does look like a weed patch. We'll see what we can do. Thank you. Is there anybody else in the chambers that would like to speak on a non-aggenda item? All right. Um, we'll go ahead and get into new business here. Um, first up, we've got an encroachment agreement here. A request by Brent Bolan for an encroachment agreement to allow for patio pergola and fence in the city- owned alley rightway in the R11 and two family residence district located at 130 Columbia Circle. Uh, this is a hearing item here, right?

No, it's not a hearing.

Okay. Okay. So, let me go right into the staff report. This is Tamala with staff. The applicant is requesting the approval of an encroaching agreement to allow for a patio, pergola, and fence partially within the cityowned alley rightway. The request does not appear to have a negative impact on the surrounding neighborhood or land use. The request does not appear to have a negative impact on pedestrian or traffic conditions in the area as the encroachment areas in the rear of the site in question. The lot in question is zoned R1 one and two family residence district and has been zoned as such since the adoption of the zoning code in 1969. Surrounding land use and their zoning are as follows. Northeast, south, and west residential developments zoned R1 one and two family residence district. The adjacent surrounding properties are residential that were developed as early as 1919 through the 1940s. No portion of the lot in question is located within a special flood hazard area. There is a 6-in water mane running along Columbia Circle. There are no easements on the site in question. The future land use map designates this area as low density residential. The request is in conformance with the future land use map. The patio and fence already exist in the rear yard of the site in question and extend partially into the alley rightway. The patio and fence were built into the city-owned alley rightway by a previous owner. The applicant, the current homeowner, was not aware that they were partially built into the alley rightway when they tried to acquire a permit to place a pergola on top of it. The applicant plans to build a 12x6 ft pergola on top of the existing patio and is requesting an encroachment agreement to do so since it will be partially in the city-owned alley rightway. The request would not would not obstruct any easements because there are none on the site in question. The alley was platted along the rear property lines of all homes in that

block and there's no developed alley for most of the block and it is just grass. the city. There's a city-owned parcel on the inside of the alley designated as a neighborhood park. There are no known utilities within the alley. There are several other properties within the block with similar encroachments into the alley. Most notably is a garage atif at 517 Campbell Avenue as well as as well as fencing of several properties. Therefore, staff recommends that the request by BM Bolan for an encroachment agreement to allow a patio pergola and fence in the city owned Ellie rightway in the R11 and2 family residence district located at 130 Columbia Circle be approved for the following reasons. The request would not appear to ne negative impact on the surrounding area. The request would not appear to have a negative impact on the pedestrian or traffic conditions in the area and and subject to the following conditions assigned and executed encroachment agreement. Any questions for staff? Um, this is do not. Can I ask a dumb question? What's a pergola? What's a perula?

This is tomorrow with staff. It's kind of like in our packet. Shaded. There there should be a picture in the packet, but it's kind of a shaded covered um not enclosed. Call it a gazebo. Kind of a gazebo. Okay. Well, I wouldn't know where a gazebo was. See, we got any other questions for staff. Is the applicant here? Um, does are there any questions for the applicant? I I mean, it's pretty self-explanatory here. So, if if there are no questions, I think we can entertain a motion on the agenda item.

This is Commissioner Sherk. I'll uh make a motion to approve the request by Brent Bolan for an encroachment agreement to allow a patio pergola and fence in the city- owned alley right ofway in the R11 and2 family residence district located at 130 Columbia Circle and with uh the following conditions. Um a signed and executed encroachment agreement. Second. Do not. All right, we got a motion and a second. Any discussion? All those in favor of approving the agenda item signify by saying I. I. I.

Any opposed. Motion carries. Thank you. Next up, we've got a vacate request by Waterfall Plaza LLC for the vacate of Cedar Street from West Park Avenue to West Fourth Street in the C3 Central Business District located adjacent to 10 West 4th Street. Staff report staff report.

This is tomorrow with staff. The applicant is requesting to vacate Cedar Street from West Park Avenue to West 4th Street. The request to vacate Cedar Street could appear to have a negative impact on the surrounding neighborhood or land use as there is no development agreement in place or fully describe redevelopment plan of why the vacation should be processed or should proceed. The request could appear to have a negative impact on vehicular or pedestrian traffic movements in the area as Cedar Street is not is not considered a bike trail but does make a pedestrian connection. The flood wall is abudding the Cedar River here. The Cedar Street works as a connecting point of the riverfront's Renaissance's riverwalk loop. There is a sidewalk along the street in question on the northeasterly side next to 10 West Fourth Street. There are portions of sidewalk on the southwest side, but does not go all the way through. A pedestrian connection between West Park Avenue and West Fourth Street should be maintained. The area of the proposed vacate is in the C3 central business district. Surrounding land uses and their zoning designation are as follows. Northeast, south, and west zone C3 central business district with the for with the historic former courier building to the south and historic YMCA/ River Plaza building to the north. The adjacent buildings have been around since the 1930s and the larger metal warehouse to the south is set to be removed as a part of the 70 unit development planned for buildings to the south former courier. Vacation of Cedar Street could would not appear to have a negative effect on drainage with easements maintained for existing infrastructure. The vacant area is located within the X protected by levy flood zone. According to the 2024 female flood plane maps, the nearest open spaces are Markx Park located 500 ft to the northwest and Veterans Memorial Hall and Soldier/Sailors Park located 500

feet to the southeast and Pioneer Park located point 0.4 miles to the southeast. There is a 10-inch wide water man and a 15 foot wide sanitary easement that cuts into Cedar Street. There is storm sewer and sanitary sewer in portions of the vacated area and an easement would need to be retained. The future land use map designates the property as commercial. This request is in conformance with the future land use map. The request is to vacate Cedar Street from West Park Avenue to West Fourth Street in the C3 Central Business District located adjacent to 10 West Fourth Street. V vacating the street could have a negative impact depending on its proposed usage. Planning is trying to determine the usage of Cedar Street and would also like to have a development agreement in place before vacating Cedar Street. A pedestrian connection is needed from West Park Avenue to West Fourth Street, which could be along the southwesterly side of the road if the sidewalk were extended to West Fourth Street. The sidewalk area would either need to be excluded from the vacate or the easement or an easement retained. Additionally, um, strike. Additionally, the offer price does not meet the sale of property policy. That was before I got a chance to talk with the applicant. Um, uh, downtown Waterlue is a typical grid pattern style with many historic buildings in place. The city has worked to vacate streets where it may make sense for a redevelopment project to enhance downtown Waterlue for new business, new residential and new opportunistic type projects. The city is cautious to vacate any streets without a larger redevelopment plan and potential develop development agreement in place. Staff has not yet seen a definitive has has not seen definitive plans or layouts for review for how the applicant would change the layout, provide the pedestrian connection and potentially use potentially use the vacated area to benefit a new project in downtown Waterlue.

Engineering stated that they do not support the vacant request and need more clarification from the applicant because of the existing storm, sewer, gas, and utility easement. Engineering mentioned that they still need access through Cedar Street to access the flood wall along the river. Even if it is vacated, an easement would need to be dedicated because of existing infrastructure and the need for access. Waterworks agrees with engineering as there is a water mane in the requested vacay area. The fire department voiced that access would be an issue if Cedar Street is vacated. Therefore, staff recommends that the request by Waterfall Plaza LLC for the vacate of Cedar Street from West Park Avenue to West Fourth Street in the C3 Central Business District located adjacent to 10 West 4th Street be tables for the following reasons. The request could appear to have a negative impact in the surrounding area without having a definitive redevelopment plan layout and review in place. The request could appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area as this segment of Cedar Street works to complete the Riverwalk loop from first to 18 streets. Planning is looking into acquiring more information regarding the usage of Cedar Street and entering into a development agreement regarding usage and easements. The city of Wateroo is actively engaged with the development agreement for the block on the south side of Street Cedar Street, including the potential acquisition of land for further development. Any questions for staff?

No questions for staff. Is the applicant I think is the applicant on Zoom? I hope so. Can you guys hear me? Yes. Could you state your name and address, please? My name is Dan Alton. Um, the address is 2707 Congress Street, San Diego, California. Okay. Thank you. Um, do you do you have any insight onto why there's a request here? What are the plans if this vacate were to go through?

Um, yes. No, I appreciate the opportunity of uh speaking with you and let me get my apology out of the way first. It's uh two things. One, I've never done a Zoom before. This is my first time, believe it or not. And usually I like to kind of conduct these kind of things in person. So, my my apology for not being there um at this time. I was scheduled to to be in town next week. And unfortunately, this meeting is a little bit before that. So, this property has been vacant or almost totally vacant uh since the last six years. I purchased the property in April and since that time I've been working on trying to stabilize um just the building and and the asset itself. The request for the vacate is made because of feedback and what I've observed on the property. There's not enough parking. Um the whole purpose of asking for the vacating is to be able to provide more parking for the property. Um, initially when I inquired about doing the application for the vacating, there seemed to be two options available. One was to enter into a development agreement and then be able to acquire the property for next to nothing. And the other option was to be able to come to a uh almost a pre-calculated uh purchase price and buy it in in a cash format. um at that time that I filled out and submitted the application, there was no knowledge that this committee in this meeting needed to have um site plans or specific um plans in mind in terms of what was going to be done apart from my presentation. So for that, if that's my error, I apologize. But all the information that I got in good faith was that any development agreement and or any specifics of what can be done to the property could be done even after the initial application to vacate was submitted.

My plan for this parcel, if you will, including the sidewalk, is to just merely provide parking. It's an unbuildable lot and so there's not going to be any building on top of it. the easements acrew with the sale and I know at least one staff member indicated that they wanted to know whether I was going to go with diagonal or horizontal or box kind of parking. I'm not certain how relevant that that is to the decision this commission can make about whether the vacating should go through or not. Um the property itself is a multi-use retail and office space. My agenda and goal with the property is to keep it in its current state status. It's a historic building. I bought the building with that intent in mind and that intent has not changed. So there's no there's no major development plan in place for me to uh I don't know turn them into residential or put a boutique hotel or anything like that. The agenda that I have for the property is to be able to utilize its commercial space both on retail and commercial and provide parking. The parking also helps from a security perspective. The way that traffic flows at the moment, traffic meaning pedestrian traffic, they go right by the building on basically the north end of Cedar Street. And as recently as a few weeks ago before I came into back out of Waterlue, um I I forgot what event it was, but you had um we had a number of uh walking pedestrians that came by and knocked the security camera off um off the wall. We've identified who the individual was and I've been in contact with them. But the thought here would be that if the vacating was permitted, there'd be a sidewalk on the south side that would give pedestrians an opportunity to travel from Cedar, excuse me, from Fourth Street all the way to um to Park Avenue. Uh so the concern, one of the

concerns that was brought up in the staff's recommendation is that there was no um uh carry forward and that would be the plan on the south side of the street. Quite honestly, my request of this commission is that um this this application be considered and voted on instead of being tabled. I I don't understand the reason for the tableabling um nor the benefit of it. Uh, I've made attempts to be able to contact staff to get an idea as to what the requirements are. And again, unless I've got it wrong, there were two options available and I picked the option that did not require development program or development agreement to be in place. Um, and my my goal and agenda at the moment is simply to use that area for parking.

Thank you. Do any commissioners have questions for the applicant? All right. Uh, is there anybody in the council chambers that would like to speak on this agenda item? Dave Bosen, city council leaison to your board. My only concern is that last Monday we spent $500,000 to buy 132 feet of land from from that curb towards Courier Building for future development. I'm concerned that this vacate could affect that future development. All right. Thank you.

If I might, I guess the question I have, I'm sorry if somebody could elaborate on that a little bit. What was that commentary, please?

Dave Bos and I'm the city council leaison to planning and zoning. Last Monday night, the the city council voted to to spend a half a million dollars to buy 132 feet of land from Cedar Street to the south for future development. My concern with that is that if we vacate this street, how's that going to affect that future development and our ability to market that parcel? All right. Mike Henning, 138 Side Hill Drive, Wateroo. Which building are you buying or looking at, sir? Are you building the Courier building? Are you looking at the old YMCA building or

I'm just curious if if I might if I might clarify. It's not a building, sir. I I already own the YMCA, the old YMCA. That building is mine. This vacating request is merely for uh Cedar Street and a sidewalk portion abuing Cedar Street on my property. I think the city would be city's responsibility to figure out parking and stuff like that on public streets, isn't it?

As of right now, it would be the city's job more or less to figure out how parking is handled on that city street. But if the street were to be vacated, it would then fall on the the owner of that, right? It would be no longer be a public street. It would no longer be a public street. Yeah, that's a problem as I see it. And and you have a streets committee. Don't you still have a safe streets committee from from years ago? The complete streets street what's what do you call it? Complete streets. Complete streets. Yeah. going to go to that committee for figuring out and working with this gentleman to

that that might be outside of the scope of what they do because they tend to just make sure that there's different modes of travel available for citizens. Um well, you're looking at potentially blocking a piece of that, aren't you? Putting in a private parking lot. What's that? Yeah. I don't that doesn't make sense to me at all. to vacate that street. I'm sorry. Thank you. Any further questions, comments? Oh, not questions, comments on this agenda item. All right. Hearing none, then uh I will entertain a motion on this agenda item.

Mr. Staff, I would just note staff was recommending tableabling. the applicant has asked you to not table and to take action. That's up to the commission. But, you know, if the item is to not be tabled, then it would be the staff's recommendation for denial. A and I uh when I say I entertain a motion on that, I'm not saying what to do. I'm not saying deny it. It could be tabled. It could be not tabled. This is up to us to come together and decide. Should we discuss or should one of us just propose a a a motion? If a motion and a second will lead to discussion. Yes.

Um okay. So I would like to make a motion um that the request by Waterfall Plaza LLC for the vacate of Cedar Street from West Park Avenue to West Fourth Street in the C3 Central Business District located adjacent to 10 West 4th Street be denied for the following reasons. Uh, the request would appear to have a negative impact on the surrounding area without having a definitive redevelopment plan, layout, and review in place. The request could appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area as this segment of Cedar Street works to complete the river river walk loop from first to 18th streets. That's a tongue twister. Planning is looking into acquiring more information regarding the usage of Cedar Street and entering into and there is no development agreement regarding usage and easements. The city of Waterl is actively engaged with a development agreement for the block on the south side of Cedar Street including the potential acquisition of land for further development.

I second that motion to deny. There is a motion and a second. Is there any discussion? I have one question. Um, I mean, we're kind of being I feel like we're being forced into making a decision because he didn't want it tabled. And, you know, I'm curious to I'm curious to to force it into a plan so so that we can see what it is. I mean, if he doesn't if he doesn't if he wants a motion to decline it or approve it, I guess that's his call. But I I find that disappointing a little bit.

Could he reapply if it were denied with uh more plan and paperwork and have everything ready for a new motion? This is Shreder with staff. Um the planning commission's action is just a recommendation. So depending on the outcome of this uh motion here, um the applicant would still have the option of moving that on to the city council. Um uh but could he come back to this body? But he could come back to this body or even if it's goes all the way through and were denied by city council there there is a a like a four month waiting period but then you can reapply even that way too.

This is do not and what you just described about the process could also be done with the tableing but at this point if we were voting right now I'd vote against it. I'd vote to deny the motion. Uh, thank you.

Uh, Chairman and committee, I'm sorry. I I don't mean to be out of order and if I'm not allowed to say anything, you can let me know, but I want to make certain that everyone's clear on the position that I'm at because there hasn't been a lot of questions directed to me and maybe the uh the information I've given you isn't um complete enough. The only reason that it seemed like I was asking for you guys to make a decision at this meeting is simply because of my understanding that even if this was approved that there is subsequently to this meeting an opportunity for uh the tightening of the understanding of whatever needs to be done um for this vacating including the the adjustment of price. So, if that understanding is wrong, meaning that this committee needs and wanted to and was expecting to see a a site plan or a more definitive understanding as to what my agenda for the property is, then by all means, um, consider a a tableabling of it. Otherwise, I I was under the impression this meeting was basically the first of many steps yet before the vacating of the property could take place. Thank you. Is there uh any further discussion on this agenda item?

Just as a a point of order, the applicant did note a openingness to the item being tabled and a motion to table would supersede um the motion currently. Withdraw my motion. Yeah, a motion to table supersedes. You wouldn't need to. Okay. So, is that something you'd like to do? I can withdraw my motion. Okay. I I withdraw my motion. Thank you. Um would somebody then consider tableabling the agenda item to table? You mean? Yeah,

I can agree to move to table. I would just say my my concerns would still be um would still be valid according to what's outlined in the packet under the U concern under the technical review committee as outlined in the packet. So it would my concerns would still be present is what I'm trying to say. So there's a motion. Is there a second? Do we need to read the motion in its entirety regarding the tableling? Okay. No, I I move to table the item. Okay. Scott second it. There's a second. Any discussion hearing? You have to abstain. Just so I was clarifying that.

Okay, we got one abstension. Um, I don't think we're going to need to roll call this one. Uh, all those in favor of tableabling the agenda item signify by saying I. I. Any opposed? That motion carries. One abstension with the one obsession. Yep. Um, yeah, this this commission's pretty lucky and fortunate. The staff usually have some pretty detailed site plans. So, it's uh something that we we usually rely on and we like to make sure that we don't have any surprises. So, I mean, we are the planning commission. So, um we'd like to know what the plan is.

Yeah, we like to know what the plan is. Um next up, we've got a request by Midwest Development Company on behalf of the city of Waterlue to reszone approximately 24.27 27 acres from R1 one and two family residence district to R1 RP plan residence district to construct 70 homes located south of Orange Road and west of Kimell Avenue. And this is also combined with the preliminary plat of Highland Meadows Edition, same location. Yeah. Is this the one where we got a hearing?

Yep. Okay. Let me get that pulled up. Yeah, you can read it. Uh, the time is 4:32 p.m. and a hearing is scheduled at this time. Um, 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. Moved. Sorry.

Second. I'll double check, but I think that date might be an air, so I'll should have been a a date in July that it was mailed. Okay, thank you. Okay, we got a motion and a second. All those in favor of receiving and placing this notice on file signify by saying I. I. Any opposed?

Motion carries. Let's see. We got 6. Now we can go into the staff report. This is Gman with staff. As stated, this is a request by Midwest Development Company on behalf of the city of Waterlue to reszone approximately 24.27 acres from R1 1 and two family residence district to R1RP planned residence district to construct 70 homes located south of Orange Road and west of Kimble Avenue. The proposed reszone would not appear to have a negative impact on the surrounding neighborhood and land use. Although the lots are a little smaller than many in this area, they are very typical of newer subdivisions, including the new Paradise Estate subdivision being built around the new Orange School site just northeast of the proposed development. West Orange Road and Kimell Avenue, uh, both of which are classified as collectors, serve this the site in question. Neither Kimble Avenue nor West Orange Road currently have sidewalks, although the preliminary plat is showing that sidewalks will be installed along the length of West Orange Road and Kimell Avenue that are along the portions of the proposed preliminary plat area if existing homeowners would want further sidewalks on their property that would be explored outside of this project. The proposed reszone area is currently zoned R11 and two family residence district and has been zoned as such since the adoption of the zoning ordinance 1969. Surrounding land uses and their zoning designations are as follows. To the north is West Orange Road and residential zoned R1, one and two family residence district. To the south is agricultural land and residences zoned R11 and2 family residence district. To the east is

residential Kimble Avenue agricultural lands and a religious facility zoned R11 and2 family residence district and A1 agricultural district. And to the west are residences and agricultural land zoned R11 and2 family residence district. The surrounding residences were primarily built between 1910 and 1977 and a religious facility was built in 1913. No buffering or screening will be required as the proposed residential development would be abudded would be abuing existing residential development. A drainage and sweat plan will need to be submitted as part of the platting process. Preliminary plat does show a proposed detention facility. The area is not in a special flood hazard area as does as established by the FEMA flood insurance rate map. Orange Elementary School is located 1,00 ft to the northeast. Orange was built with two public play areas and basketball courts. There are no other schools in the immediate vicinity as this is the former Orange Elementary School site. Licky Park is located approximately 1300 ft to the northwest and is 11 12 acres. There are 8 in sanitary sewer lines running in both West Orange Road and Kimell Avenue. There is a 12-in water main line running along both Kimble Avenue and West Orange Road. There are electrical overhead electrical lines running along the west side of Kimble Avenue and the north side of West Orange Road. The future land use map designates this area as low density residential. This request is in conformance with the future land use map and comprehensive plan. The applicant is requesting to reszone approximately 24.27 27 acres of land from R1 to R1RP. The zoning ordinance states that the RP district is intended

to provide a means for the development of tracks of land on a unit basis, allowing greater flexibility and diversification of land uses and building locations than the conventional single lot method. It is the intent of this section that the basic principles of good land use planning be maintained and that sound zoning standards as set forth in this ordinance concerning population density, adequate light and air, recreation, open space, and building be preserved. The site in question was home to the former Orange School, which was opened in 1915. It closed after the 2012 2013 school year and was replaced by the new Orange Elementary School located to the northeast. The applicants are requesting to reszone and a separate preliminary plat to construct a 70 lot residential subdivision. The lots will have a range u between 6,950 ft.16 acres to 19,186 ft.44 acres. The average lot size is 10,815 square ft, uh, which is a quarter of an acre. The base R1 district has a minimum lot size of 9,000 square ft. 53 of the 70 lots, 75% are larger than 9,000 square feet. Reszoning the Reszoning to R1RP district allows the applicant to situate the lots to fully utilize the land. The lots have a width that is a minimum of 55 ft at the setback distance. For comparison, the nearby Paradise Estates has the width ranging uh from 50 ft to 160 ft with the average of 90 and 1/2 ft. Paradise Estates also has an average lot size of 18,295 square ft.42 acres with their smaller lots being 10,454

square feet.24 24 acres. The existing residential lots in the area range uh in size from.33 acres to 1.29 acres with the average lot size being 0.58 acres. However, are primarily developed with ranch or split foyer home designs which typically typically require larger lot sizes and lot widths. According to the United States Census Bureau, 59% of new single family houses completed in 2024 were on lots that are 8,999 square ft or less. This shows that having lots smaller than 9,000 square feet is not abnormal across the nation and only 25% of the proposed lots on this development are smaller than 9,000 square ft. The applicants will have five tracks in addition to the 70 buildable lots. The applicant will be dedicating track A 4.24 acres to the city as public rideway for streets and sidewalks. The street rideway width is 60 ft wide. The sidewalks that will be built all along the streets including the portions of West Orange Road and Kimell Avenue that border the area will be 4T wide. Tracks B and C 2.53 acres collectively will be privately owned and maintained. They will be used at for detention basins for open space and storm water management. Tract D.02 acres is anticipated to be deed to the property owner at 155 West Orange Road. Tract E.08 acres is anticipated to be deed to the property owner at 6114 Kimble Avenue. There is no commercial use plan for this site. commercial uses are not allowed in the R1RP district, so no commercial uses could go in the development. The zoning ordinance requires that the

maximum number of dwelling units permitted in the RP district is determined by dividing the net development area by the minimum lot area of the zoning district the development is located in, in this case, the R1 district, and multiplying by 125%. For this development, the net area development is 20.03 acres. The maximum number of dwellings allowed would be 121 dwelling units. The proposed development is well under this maximum by only proposing to build 70 single family homes. The preliminary plat shows that lots will be built to the setback requirements for the R1 district. Reszoning to the R1RP district allows the applicant to situate the lots to fully utilize the land. Uh the available street frontage u the flexibility with the R1RP district allows the developer to offer a variety of lot sizes while ensuring the development is aesthetically pleasing and will blend in with the existing development in the area. and the technical review committee. The applicants asked some clarifying questions about the reszone and plat, but no concerns or comments were expressed by the city departments. Therefore, staff recommends that the request by Midwest Development Co. on behalf of the city of Waterlue to reszone approximately 24.27 27 acres from R11 and2 family residence district to R1RP planned residence district to construct 70 homes located south of Orange Road and west of Kimell Avenue be approved for the following reasons. One, the request would not appear to have a negative impact on the surrounding area as it would qualify as infill development by going on a site with existing infrastructure in place on the borders. Two, the request will create new infill lots in a developed part of the city as this is a former school

site. Three, the request is in conformance with the comprehensive plan and future land use map which shows this area as low density residential. Four, the request is in conformance with the 2030 vision plan which emphasizes new housing opportunities and development in the city of Waterlue. Skoman's Homes has been a leading home builder in Waterlue for a number of years. In terms of units being built at over $300,000 per home anticipated, this represents a 21 million uh plus dollar investment in the community to work and help grow the tax base, add to the population, and grow Waterlue as a community in close proximity to a newer school for additional students as well. and subject to the following conditions. That the property be limited to single family homes and that the final site plan meet all applicable city codes, regulations, etc. including but not limited to parking, landscaping, drainage, etc.

Thank you. Uh, were there any extra things you'd have to say on the plat request or was it the same one? There's one additional section for the plat uh that just goes over uh some specific things. Um, so the preliminary plat document shows all the required items uh that we require for the preliminary plat. Uh some including legal descriptions, existing topographic contours, property lines, building setback lines, date, north arrow scales, owners, sanitary sewer locations, water system locations, storm sewer locations, adjoining subdivisions, existing structures within the plat site of individual lots, rightway widths, street surfacing, street widths, street light locations, vegetation locations, grading plans, preliminary and street names. Uh the proposed street names are Highland Meadows Drive, Willow Brook, Will Willowbrook Wayway, Oak Hill Way, and uh Bridgewood Court. And that is the unique parts to the plaque.

All right. Thank you. Do any commissioners have questions for staff? All right. Um is the applicant here? Could you please state your name and address for public record?

Yes, I'm Lauren Hoffman with Holland Hall Engineers uh 1860 Boyon Road, Hayawa. I also have Jason Stone who is the engineer record uh for the project. I am a landscape architect and planner. Uh, so I I just hit on a few uh few things. Joseph, you did a great job hitting on a number of topics. I'll maybe just elaborate on a few and then add have a few other talking points. Um, first uh give a traffic summary. Uh, Orange Road is classified as a major collector with the average annual daily traffic of 380 vehicles per day. Uh, Kimell is also a major collector with uh 830. So, uh I don't know if I said this right. Orange Road was 380, Kimble 830.

Uh new new traffic generated by this development expected to be minimal. Uh the AM peak, this is uh during the peak hour is 49 uh trips. Uh uh the PM peak is 66, which would occur slightly before and after school. Uh Kimble uh I'm sorry, Orange Road and Kimell have excess capacity to handle site traffic uh of 2,800 uh vehicles per day uh for a stop sign control. Um more than 2,800 is when pavement widening and turn lanes would be added. And again, just kind of remind you um Kimble being the largest having uh 830. So there's a fair amount of growth potential before any significant uh concerns for for those two corridors. Um the new street intersection spacing exceeds the minimum 150. Uh we have 300 uh and then 500. Um I just kind of summarize real quick on uh drainage. Um, a year ago, we were just getting ready to come before you guys and uh, we felt that it was important for us to do our due diligence due diligence and make sure we had all the easements in place and negotiations with the downstream neighbors to make sure we could accommodate drainage. Um and so that believe it or not it's taken nearly a year to get those easements in place but uh we we do have easements secured to allow that uh that to happen. We do have two storm water management basins on the site. One in the north uh east corner and one in the south uh east corner. Um there's two primary drainage sheds on the on the parcel. uh smaller of the two would be draining towards the northeast and then the bulk of the remaining of the site would drain to the

to the the other larger basin in the south. Um on topic of soils uh this the city has completed a phase one phase two report to check on soil contaminations. They were submitted to the DNR for review. Uh basically a summary of that for soils and groundwater. U no contamination detected above IDNR standard uh levels. Uh soil vapors um there were some detected but concentrations were below below EPA levels as far as needing to do any additional uh remediation. Uh in summary, the detected contaminant concentrations represent minimal risk and should not inhibit redevelopment. Uh and that no further rest investigation was recommended uh within the within those reports. Uh trees um for the most part the majority of the trees will be saved. Um, in fact, uh, after our neighborhood meeting, um, last month, we did some additional revisions. So, hearing the concerns, you know, of not wanting to impact negative negative negative Philly, the the neighbors or neighborhood uh, the basin in the north uh, east corner. We did some modifications. I shifted it away from Orange Road. We did lose one lot, but we were able to say there's a a row of evergreen trees or five or I think four or five large evergreen trees along there and then another deciduous tree. Um we're able to basically make that adjustment and have a a nice little green space at the front core uh corner kind of the doorstep to the development. Um, so we had a neighborhood meeting held on

7:23. Um, that had a a large turnout. Some of the key uh points of discussion at that meeting were traffic uh concerns of speed along Kimble. Um during our staff meeting here last week talking about the plumbary plat. Um, city traffic department uh said they would be completing an evaluation of the conditions to determine if a traffic study is needed and uh will be completed while schools in session and factoring that uh factoring this development in as well. Um there was a question about when the latest data for the traffic uh information was obtained. Uh we have since confirmed it was for Kimble it was last counted by the DOT in 2021 and for Orange Road uh last counted in 2017. The DOT has recently completed counts um in the past couple weeks but the data is not yet available. Um another topic was water pressure concerns. Uh in talking with city staff, I understand that plans are completed and negotiations are underway uh for uh getting the proper land or getting land for a pressure tank or system booster pump. Uh my understanding is that this booster pump is slated to be up and running in the fall of 2026. So likely before any of these homes would maybe have a few if this passes here tonight. but uh less than a handful by that time. Um phase one, phase two reports, there were some concerns about those. Just wanting some clarification on that uh at the neighborhood meeting. They were completed and were submitted to the DNR for review and uh additional direction from the DNR. Um then concerns of a asbestous from the

school demo. Um the school had hired an asest a best asbestous abatement company and report sent to the residents for review. It includes a DNR notification of abatement where material was removed uh in detail showing how much was removed and where it went. Um if any additional asbestous is encountered during construction, the city will work to have the material tested and abated as required by law. um outcomes of of the meeting, the neighborhood meeting. Um uh minor things for the most part. Uh there's a a cemetery access road along the south uh of the property south downstream of the larger of the two detention basins. uh a neighbor had asked to incorporate curving along the south side of that uh uh paved uh cemetery access to provide some additional protection to their property and uh so that has been added to the plumeary plat. Uh we like I said uh earlier we we reconfigured the storm water management in the north the basin in the northeast corner to preserve large trees along Orange Road. And uh we are we will be adding pollinator plantings uh prairie areas and strategic locations in the vicinity of the storm water management areas at a request of the neighbors. Um, I'll just hit on a few other general planning topics and then I'll turn it over. Um, on zoning and land use, uh, you know, we we've been I personally have been doing this sort of development work for the last uh, decades plus. Um kind of topic we hear is folks uh in

these settings they you know they've had their homes built years and years ago and a new development comes up near them and the lots are sizably smaller. Um as Joseph had mentioned the trends u is there's documentation that uh um the trends over the last 50 years the shift has driven so for these smaller lots there's a combination of factors including lot shortages affordability concerns evolving customer preferences and impact of zoning regulations. Um, despite of shrinking lot sizes, the median size of new family homes has steadily increased over the last several decades. This has resulted in a rising building to lot uh size ratio increasing. Uh, in summary, the evaluations of the homes anticipated for this development will be in line or above that of the surrounding neighborhood. Um based on other single family residential projects we've worked helped over helped design over the past two decades, we found that a new neighbors in this case this development have not negatively not negatively impacted existing uh neighboring valuations. Um I have years ago I took training in uh lead which is uh lead MD which is leadership in energy and environmental design. U the US green building council uh is a governing body that provides and recommendation encourages smart growth. Um so a little bit about lead ND and again the ND stands for neighborhood development. Uh lead ND encourages

sustainable walking walkable neighborhoods and particularly uh they uh promote or want you to look at uh infill development. Infill projects which build on previously developed land with within existing city areas are the key focus of lead ND. Um, lead ND recognizes the benefit of building within existing city areas such as utilizing existing infrastructure, reducing sprawl, and revitalizing underutilized land. Infill uh development defined is um it involves constructing on vacant or underutilized land with within established city areas. This contrasts with green field development which expands into undeveloped areas. uh lead ND and infill incentives. Uh basically this uh governing body awards points point system uh to projects that demonstrate sustainable practices including building on infill sites. This can include points for location um which is proximity to existing infrastructure, public transportation and amenities, density, uh compact development that maximizes land use, connectivity, creating walkable streets and interconnected pathways. A brownfield redevelopment, restoring contaminated land. Some of the benefits of infill development are reduced sp and reduce sprawl, efficient infrastructure. Again, just a reminder that we have sanitary sewer and water uh water mains readily available at the doorstep of the project. Uh community revitalization infill development can revitalize underutilized areas bringing new life and economic activity to neighborhoods.

And so with that, I uh I turn it over for any questions. Uh Hunter Scogman is here uh representing Midwest Development as well. Um, so with that, I'll turn it back to you guys. Thank you. Thank you. Do any commissioners have questions for the applicant?

Um, I thank you for that insight. Uh, I actually have more questions for staff than anything. Uh, primarily the the water pressure is a big one. So, it's no secret that the Orange neighborhood area has low water pressure, and I was wondering what kind of plans as a city do we have to remedy that and get ahead of the curve before uh 70 more homes are built in that vicinity?

You want that one, n Anderson, community planning development director. Um, so we have been in com conversation with the Waterlue Waterworks. They have uh a firm under design to go ahead and add infrastructure out there for increased water pressure and I believe they're looking to basically finalize the location of where that would be located and are moving ahead to put in that infrastructure. All right. Um, they're looking at a couple of different locations to finalize out there and then they'll move ahead um very shortly.

That would be up to Waterworks to share the information for their locations. Yeah. Uh, it's the date will be 26 is what I'm getting out of that. Um, my other question for staff would be, uh, can Orange Elementary handle a big influx of new students? No. And Anderson, community planning development director. So, the Waterlue Schools is a part of our technical review committee. Um, in speaking with them over several uh, sites um, or former school sites and all that, they've never had any concerns with being able to meet the student uh, population needs.

Okay. Thank you. Um, are there any other anything else from commissioners? No. At this time, I will um allow people in the council chambers to speak on this agenda item. Uh, we will limit comments to five minutes per speaker. Uh, if you do wish to speak on this item, please state your name and address for public record. Barbara Henning, 138 Side Hill Drive. Just wanted to give you a brief timeline and this is really brief. The reason this whole development started as far as I understand is because there was a church there and there was lots of country schools and they decided to build Orange School in about 1915. The church had been there a long time. Well, then in 1920 a bunch of the farmers in Orange Township were retiring and they didn't want to move to Waterlue. They wanted to move by their church and that's how all the most all those houses on Kimble were built. Then in 1964, the schools merged. Orange had its own school system. Um my house was built in 1966. I moved in in 1979. The new school was built in 2012. and Paradise Acres was in 2023 it got started. I just had a few questions and I guess the first question is for the city and I want to know because I did not get to that meeting and I apologize but um were the neighbors given a chance to purchase adjoining land to their to add on to their properties because there's some jagged I don't know did anyone approach the city?

Okay. Okay. Well, I think it would have been for the neighbors to contact the city, but I don't know. Didn't know it was for sale. I give you a dollar.

So, but I think that might be in a buffering of the neighborhood. But anyway, um and I just did some math here. The Paradise Estates is 130 acres and it's going to have 259 h houses and the school was 24 acres. But by the time the acres to build on our 20 acres, I live on one acre and I we love living on one acre. I know we've lived there 46 years and a lot of these people have lived there a long time. So those are just some things I wanted to point out. I also wanted to point out my children went to um orange school on in the old orange school and I lived exactly two blocks away, but I really didn't want my kids walking to school because you were walking on Kimble or you were walking on Orange and either of those was not a good situation. Um I think that's all I have to say. I just wanted to give you guys some background where this was all coming from. We also live on the bus on the parent pickup street. Licky is the parent pickup street and I'm not sure how many of these how wonderful you're making these walkways so kids can walk to school. I think that's a really major issue. And um I just want to point out that with this all this influx of housing, my theory is I hear Spogman Home is building in Paradise Estate. So, my little advertisement is why don't we get some homes built over there first? Thank you.

Thank you. Is there anybody else in the council chambers that would like to speak on this agenda item?

Uh Corey Hodap, uh CJ's Construction, uh 2915 North Debuke Street. I'm the developer of uh Paradise Estates. Um, so a lot of these issues that I worked on with uh the Orange Neighborhood for two years um because I've been on this project for four years that I answered like traffic relations um walkways uh the school bus in and out. There was a huge issue with that. Um how are we going to address that? How are we going to resolve that? How is traffic going to leave our neighborhood impact Kimble and and then Orange Road? all those things came up. Um, and it was a big issue and now we're throwing 70 more houses at it, which is more traffic. I understand, but the the calcs all work out. That's I understand all that. The other issue was um the water pressure out there. Water pressure has been an issue. Uh, we knew about it when we were coming, but we had to resolve or figure out what we're going to do to uh overcome that issue. Um so in the meantime I've been working with the waterworks department and we've come out with agreement on um a piece of ground to try to increase the pressure create a booster station. Um whether or not it's going to go there or not I don't know that but that was

part of the agreement I had with Orange County or Orange um neighborhood. Um so I've done a lot of leg work trying to get this all in there. Um, I paid premium dollar for my subdivision to come into that town or into that area.

And it's kind of almost like I'm getting stabbed in the back, I feel. Um, I understand the city's position because, you know, it's all about growth and all about getting housing for people out there, but it really impacts my subdivision when we have, you know, 200 plus lots that are coming into the area. Um, how to handle that, how to be able to weather the storm. I mean, right now is not the best time in the world to be selling homes anyway with the interest rates being so high. So, we've we've had several hang-ups through the whole four years of trying to get this thing through. Um, and I just want you to know what's going on out there. You know, um, it's a tough road and, you know, with them coming in, their pricing is going to be obviously way cheaper than mine. So, what do I do about that? How do I adjust? You know, I'm at max. I can't go down. you know, I can't borrow any more against it to offset, you know, what we're up against. So, you know, our prices are our prices. Um, it just be a different story if that if what they're trying to do is on the north side of town or away from my subdivision to where, you know, we set the presence of, you know, this is the price, this is what we're bringing to town, right? And that was one of the big issues with Orange Neighborhood is we had to, you know, we did they didn't want any lower houses than $300,000, but you know, obviously we couldn't even get there if we wanted to. So, um, the infrastructure costs were, you know, we had to widen our streets, we had to put roundabouts in, we had to do a lot of different things that cost a lot of extra money. Um, I'm just voicing my opinion, you know, um, about, you know, the differences between the two neighborhoods. So I I remember that meeting very well. I remember things. Every detail was went over with a fine tooth comb. Even the the boulevard at the entry to the neighborhood was

speculated for many minutes. And uh yeah, it it was tough getting in in there. And I definitely took notice on how you worked with that the the the neighborhood. And I I know that when developers work with the existing neighborhood, things go a lot better in the end. So, uh I I definitely appreciate that. Um are you still in phase one of that development? Yeah, I mean we we've only sold two lots out there. So,

actually three three lots. Yeah. One of the schools so they could have an access point so they didn't have to come on Kimble because it was creating a traffic congestion that uh everybody has been complaining about. So, um I don't know when the school's actually going to start on it, but they're actually come out onto our road, Paradise Boulevard, and then get on to Kimble. So, it alleviates the traffic that's coming off of Kimble, like separates the buses from the general traffic, I guess. So, to help that issue out. So, all right. Thank you. Anyway, thank you.

Um Yeah. Mike Henning, 138 Side Hill Drive, Orange Neighborhood Association in Wateroo. And I would like to thank Corey. He's been good to work with. I didn't see he was here, but uh uh since he's came on board and stuff, they've raised the road. You can see what's going on. Uh still needs to get the weeds cut down and stuff like that. Make it look like a neighborhood. Um, and sorry, houses are selling slowly. But on to the uh this new proposed area. What area in there is reserved for park and recreation for kids that that have been moving to the area? Because we're concerned, like my wife said, uh, crossing Orange Road, crossing Kibble is nasty. And, uh, Liy Park is a long ways away. I noted in the report it said those are public two public areas at around the school for kid recreation and stuff but that's within the fence of the waterlue school and they don't want little kids in there and stuff during school hours and stuff is that is that really a public area it belongs to the water school system so that's not even doesn't make sense so what what area is dedicated ated to parks and recreation so kids can play when you get 70 houses or even the first two houses is my question.

That's is that the staff or the developer? Is there uh green space in this plat?

Uh Lauren Hoffman, Holland Hall Engineers, 1860 Boyon Road, High Water. Uh there currently is no uh park or green space. There is green space slated at the north uh east corner. Um however, it is not necessarily intended for it could be like passive recreation, but there's no like large enough for uh like active play. Uh there could potentially be a swing set or um you know play equipment, certainly a sizable enough pad for that. Um, however, I guess in my years of experience, having a neighborhood park the size of Licky within a quarter mile is well within the reasonable uh standards for recreation for serving a neighborhood. Okay.

I happen to disagree with that point. Uh, that is a long ways away in out in that area. It's uh but also putting a swing set at the corner of Orange and Kimble, both collector roads. Wow. I wouldn't put my kids in that area. There is a red hanging light over that intersection because people been killed at that intersection. So, for what it's worth, thank you. Uh, next.

Hello, Judy Sadler, a resident of Orange Township, 6122 Kimell Avenue. Um, I just have a few questions uh to ask if that's okay. Uh, I just want to point out that the land that we're is in question right now to be replatted or reszoned, that has not been abandoned land. That has been used land. We have lived in Orange Township for over 40 years. Um, when we first moved there, it was part of the old Orange School. Had a football field, had a baseball field, two soccer fields, and a track. So there was games out there. Uh our kids would play games at night after school or during the summer, baseball games. The whole neighborhood was out there. Um that's where kids learned to go play soccer, play baseball, fly kites. Uh we use it winter and summer, snowmobile, uh cross country ski, all those sorts of things. Uh sledding. So the soccer fields, while the football field was taken down and the baseball field was taken down, the soccer fields still remain and two soccer fields are still located there. They are used all summer by a high school for practice and by two, one Bosnian and Latino soccer league. They do games, they do practice. Uh Columbus High does practice there and they very much appreciate the opportunity to use that space and they're very respectful of the space. Uh they they keep it meticulously um groomed for soccer games, soccer practice and all that. Clean up any plastic bags or whatever litter after the games. Um, and for decades, all the residents back there have appreciated the land. That's where we go to walk our dogs, just to reflect on nature. The school system at Orange, they built a

wetlands area and, you know, a lot of adults helped built a deck and there's lily ponds, there's frogs, there's monarch butterfly. We've planted trees. We've planted uh flowers. We've, you know, maintained trash in the back when some kids go back there and party in the back in the day. But it's without any public disclosure. We find out be after the fact that the city is now proposing to sell all this land for $1 to a private entity, not approaching the land owners. And we all have big laws. We're we're very fortunate. That's why we all love living there because we can just go out our back door and take a one and a half mile walk up to the cemetery, turn around, come back. Um we don't have to cross any streets. so we don't have to use an automobile to drive somewhere to take a walk. Um, and we all appreciate it and respect it and it means a lot to us. It's kind of the fabric of our neighborhood. It's a gathering place. Um, and we wish I think many of us would have paid fair market value for how many however many acres that one could afford just to keep that from being turned into 70some houses on 25 acres of land just to bulldoze it into nothing but much tinier houses. I disagree with the statement that it would that the proposed um additions would blend in with the current neighborhood. It absolutely won't. It just absolutely will not. I have another question if I'm allowed to ask. Did the city take competitive

bids for this project? Did the city do any sort of assessment that actually validates demand for housing of that size or a certain price? I mean, if houses aren't selling, where's the demand? It just it doesn't make any sense. Why not collaborate rather than compete with Paradise Estates? That's already got infrastructure in place. you're not going to use residential tiff dollars to subsidize that. Um, and it's just a win-win for everybody to collaborate rather than compete because you'll end up with two unused or undeveloped developments for no reason at all. the the city itself doesn't decide these subdivisions. When someone decides to come up with the project, they look if it's a viable decision and if it's worth investing their money into it. Generally,

whose money into it? The developers money. I'm not I guess I haven't yet. They get the lot. They have to build the in infrastructure and then that that cost who offered the who sold the or is proposed to sell the land to the developer for a dollar? The city. The city. The city. Okay. How did you come to that decision? And was any other developer offered that deal? First come, first come, first serve.

Mrs. Shrader was staff. The city of Waterlue entered into a development agreement with the developer to sell the property. Under the terms of the development agreement, that sale went through the um public sale process accordance with the city's sale of property policy. So residents of that area don't receive that information or is that available online and we just didn't know? It's available online. Did you notify us of that? Why was it orange? neighborhood association notified like we were supposed to be notified about anything thatffects our area. We got one speaker at a time but

well that was my question. I'm not aware that sale of property is covered by that but this this area was conveyed from the water community schools to the city of water when the schools relocated the school. It was always the intention that this would be a development site. Always.

No. No. And Anderson, community planning development director. If I can jump in. Uh the city of Wateroo has partnered with the Waterlue schools for the redevelopment of several former school sites, including the Irving School, uh the former Lincoln School, uh the former Van Eaton School, and recently the former Edison school site. Um upon taking possession of this land, I think it was in 2014 or 2016 when the city acquired this um from the Waterlue school system, um we noted then that the intention was for infill housing residential just like we've done at the other school sites and we've been working uh to find a developer um and we we Scman approached us a while back to try and figure out the best way to lay this out and to move ahead and that's the action we're at today. So they approached you but no other competitive bids were sought.

We have uh in the past at times gone out for a request for proposal. Um generally we don't get a whole lot of uh multiple parties in those. So a lot of times we just go with a a viable uh housing developer through a public sale process. Notice in the paper public hearing before the city council notification in this case we had a notification with orange neighborhood and this this site is still owned by the city of water. So there's been no official process yet to notify for this is the process where we're starting. So what? So it's still for sale.

Yeah, it's still city waterlue city council will make the decision to move ahead with who to sell it to. How do we who to sell to? How to sell? Okay. How can the city of water on that list? By the way, the city of Waterl is prohibited from selling land for $1 without a development agreement that provides the increased taxable value that offsets that value. Okay. But can the land be sold at fair market valu? Can the land? Yes. Okay. Would the city choose to do that is a separate question because then we're not going to get the tax base off of the 70 new homes. Why not? Why not

taxes and no infrastructure has to be put in? Why can't you get the taxes off those houses? Those those houses right there. The 70 houses proposed wouldn't be built if it was sold as um parkland. Okay. Are there Thank you for receiving fair market value for the land. So there would be substantial amount of money.

The city of Waterlue can sell land at fair market value. The city of Waterlue typically does not. The city of Waterlue typically sells land under a development agreement frequently for a dollar based on the increased taxable value to be generated by a development. And how do you justify that when there's an undeveloped well a development that's already has infrastructure 4/10en of a mile away from where you're proposing the development and the kids won't have to cross a street to get to school at Orange. Just a thought. Thank you. Thank you. Would anyone else like to speak on this agenda item?

Good afternoon. My name is Blair Boon. I live at 6236 Kimble. Um I'm kind of at the the low end of what the development would be. So I've had a lot of drainage concerns. Um all the water would be going into my backyard if the plans were not going to work. I know, I trust you guys, but uh my main concerns are the water supply. Um it doesn't sound like we have a plan. Um if we're going to have all of these houses built, the water pressure already is an issue and we don't have any answers on where that's going to go. My other issue is the sanitary uh sanitary and the storm sewer. Um we need reassurance that we're not going to have sewer back up into our basements. Basically, the people that live on Kimble, again, we're on the lower end. all of these new developments. If the existing development for Paradise, if that were to fill up and the new one, I need to make sure that that that's not going to happen to all of our neighbors and ourselves. Um, if that's not going to be an issue, I would like to see the consultant reports regarding both of the storm sewer and the sanitary sewer. Um, we just don't want any more vacant lots like to the north of us. I don't know why we're putting another development in when the one to the north of us has been sitting there and three or four lots, did he say, have been sold and one was to the school. Maybe one will be sold for the water pressure issue. Um, I don't know. The other issue with that is that the city or whomever has not been enforcing the the mowing of the grass up there, if you drive by, it looks like they've I think they mowed it sort of recently. I know other neighbors have complained that they're farming and the weeds have been kicking up season to their farmland and they've had to spend a lot of money to mitigate the weeds and everything in their fields. Um that being said, um we are using the the space um the neighborhood association,

we've been trying to get people up there. Um the soccer people come every year, they have their tournaments there, kids are using it. Um, out of all the the public spaces as far as the parks in Waterlue, there are only two south of Highway 20 in Waterlue, two additional ones in Evansdale. This is space that we're not going to get back. And I want you guys to consider that. We can put in developments anywhere else, but this is city property right now. And you guys don't see I don't know. The developer doesn't seem to think it's important to add another park if they're trying to attract people to live there. I'm assuming they're thinking these are going to be families. Families are going to want a park and Kimble is a busy road and it's just going to get busier now. Um I don't know. I I'm worried that we're not going to get these houses filled just because according to your guys's website, the city of Waterlue, the median household income is only 48 or $48,000 a year and the average the average household income is 61,933 and these are going to be $350,000 houses plus the increase in the taxes that we all saw. Um, population growth in Blackout County, it's not really going anywhere. And the population growth that we are seeing is not in water. It's in Cedar Falls and it's in Hudson. The population in Waterl has been fairly stagnant for, I believe, the last 30 years. So, I don't know why we're thinking that this is going to bring people into the community when we have a development up the road that shows that it's not. Um, according to realtor.com, today there are 301 houses for sale currently in Wateroo. Thank you. Thank you.

My name is Len Mohler. I re at 320 West Orange Road. And I'm trying to figure out how to I can segue in here and still make some sense. I've lived out in Orange for 41 years. I am 70 years old. I spent half of my life on the Woo Police Department. Half of that uh 35 years on the Woo Police Department was as a detective, which as known a lot of other you city guys know, we detectives got called in in the middle of the night and go to work and get assigned major cases when somebody's been wronged and try to figure out who did it and and why something happened. As soon as this, we went through all this back in 2018 with Paradise Estates and now we're we're on the same side of the fence as Paradise Estates. Um, November 23, the city of Wateroo and Null and the city council members, uh, they were out there on November 23 with their shovels in the cold welcoming, uh, Corey Hodak and CJ's construction into the area. They were all out there with their shovels digging. Thad, you'd come into our neighborhood. We need houses built. and uh the community house water's largest housing project in at least 20 years. Back in November 23, they said that the community needs housing. It's a definite need. There's a lot of people looking for lots to build and there's just not very many lots. So, there should be a demand. back in November 23. The city's and here's a picture of the mayor and the city councilman and Corey and his wife and and everybody out there welcomecoming these guys to our neighborhood to build this place where

we desperately need new houses. 240 to 250 houses. November 23, 6 months later, June of 24, Perry or uh the other developer Scogman and and those they approach a friend of mine. Seven months later, seven months later after this big housing development is going to start up. seven months they go down to Luke Scarboro who is the first house on the north side of the cemetery drive of the cemetery that is 163 years old. This same drive has been serving a purpose. That's where Orange Cemetery was built. They came out and talked to Luke who used to be a Woo cop and he's a good friend of mine. He says, "You ain't going to believe what happened today." They came out uh and talked with Highland Medals and SKman. They came out and talked with me and they want to put an addition out here. They want part of my drive. They he's the first house on the north side of the cemetery drive. They want they need some of that because they need to put a sewer something in there. And they put a one put a holding pond on the west side of my property. I won't use the exact same language Luke used when he called me up. He says, "I told him to go pound sand. I don't want nothing to do with your development. We got development going over here. I don't want houses behind me. I don't want you tearing up my property. I want nothing to do with this. I want you I don't want you to have nothing to do with this. I don't want any development around me at all. That was seven months after this big article in the paper welcoming this new Paradise Estates to Waterlue to all these houses that we need.

Fast forward May 25 about a year and a half after welcoming Paradise Estates. There's another article in the paper a year and a half after welcoming Paradise Estates. In addition to uh tiff increments, tiff uh these the tiff areas for businesses and industry, we're now going to be work uh doing res residential tiffs. And I'm not an expert on this stuff. None of us are experts on this. the developers, they sit there all day long and and they sound good and look good and bring all this stuff up here, but we're just a bunch of older people, some retired, some still working, try trying to make and present the best image that we can of what's going and none of these people is not near the number of people that should be up here today, but people are working and they just can't all be here. So, a year and a half later, there's an article in the courier about residential tests are coming. Per no Anderson, the city has been working on the option of residential tests for a while. Well, back in June of 24, as I just stated, seven months after the big article about the largest uh development in Waterlue, 200 plus houses, after this is going up, the other developer, this crystal ball must have really been working good that day because 7 months after this huge development is going on, they feel it's a good gamble to go up and talk to Luke Scarboro and and try to talk this guy into taking money so that they and get an easement on the driveway and behind them and and the crystal ball must have been working really well because they felt that was a good bet to go talk to him about this. Yeah, I know. The county

attorney used to say when I interviewed people who say go 45 minutes forward to get to the meat of the interview and then you're going to be good with one of Muller's interviews. I'm coming up on five minutes already. Yeah, you are. Can I talk to one of these people? Can I take her space there and I'll be done in two to three minutes. But the good stuff's coming. I'm I'm going to make it quick. I'm going to skip some stuff here.

So, the largest project, he went out and tried to get Scarbo to uh sell them sign off on it. The Orange Cemetery Board of Board. There's three of them. Earlier this year, uh, Highland Metals and the city and them met and they come together and the three of them signed off to agree to let them put a sewer line in the middle of this the driveway that's been there before Christ was born for the cemetery. And uh I went and talked with each one of them because the question that a lot of us had was did they have the right to sign off on that for the there's the three board members and then there's the association. I went and talked with them and a funny thing happened. Well, I'mma back up just a tad. Let's back up to the meeting that at the church and I'm going to take another spot. This is good stuff. You're going to enjoy this.

You can't take another spot.

At the church. At the church. We learned uh Scoldman came out there and showed pictures of this stuff. We went through this whole meeting. Our one-hour meeting turned into an hour and a half, hour 45. I'm sitting there with my dumb cop thing and we're all saying, "This makes absolutely no sense. 200 feet away is another addition going and you're going to build right here. What the heck is going on?" And at the end of the meeting, I towards the end of the meeting, I stood up and and said to Mr. Scopman, I says, "What am I missing here?" We've talked about how you feel this is a good addition, yada yada yada, but what kind of agreement do you have with the city if it makes it past you planning and zoning? If it makes it past the city council meetings, the three readings, what conversation, something to the effect of what conversation, what arrangement do you have with the city if it makes it past all that? What what do you have with the city to purchase this land? What's the agreement? There was no immediate answer. I mean 5 10 seconds passed. I looked right at no. I says no. What conversation has a city had? What agreement is there in case it makes it past planning and zoning and the city council? What? No. I'll never forget it. He stood up and almost he wasn't very excited. He said, "Well, we're going to sell it to him for a dollar." There you have it, folks. It all makes a lot of sense now. It's going to be a residential tiff. They pay their taxes. Whoever builds the house for 10 years, half of it goes back to the the developer and so they're getting the ground for free.

As a city, our best interest to keep our books afloat is to grow with the changing legislative. The point in all this is the point the point in all this we have to move on though. Okay.

I I'm I'm getting too long and I sincerely apologize for that. Sometimes you got to look, we went through that whole hour, supposed to be an hour, an hour and a half, hour and 45 minutes. If I would have asked that question, what kind of communication have you had with the city, we would have never found out about the tiff. I went to the three and if I would have never found out about the tiff. Uh, nobody would have. And and as a cop's point of view, if sometimes it's not what they tell you, it's what they don't tell you. That tells you a lot. I went to the three board members of the cemetery. None of them had I talked with them individually. Three old boys. Do you have any idea what they're paying for that land? No, I don't. They're getting it for a dollar. Really? Yeah. What about Scarboro? Do you think did you guys get paid? No. What?

Uh yeah. Is this a filibuster?

Well, no. This is bunch of people that have lived in a historical part of Waterlue for a lot of years and and you can hear a lot of stuff about the water and the streets and so forth and so on and uh but uh this development is not going to fit, ma'am. It's not going to fit in our area. We got paradise across the way. So, I know where that boat's going right there. And uh but think about the people that you're serving. And I hate it when cops people try to tell cops how to do their business. But all we're asking is please think about the people and sometimes this is the way it is in the city. Take care of the ones that are here already to have one development over here and another one start. That makes absolutely no sense at all. And I I apologize for going longer than I should.

You're like twice the time limit. Thank you. As gently as possible. I know that there's a lot if uh if people can't respect the time limits, we will close the public hearing.

Yeah. As gently as possible, I know that there's a lot of emotion in this room and a lot of anger and a lot of feeling, but uh and it's getting expressed at this board. This board only has the remit to take a look at um the information that we are given and uh by the city by people who come to speak at the podium to give us which which a lot of the speakers have today given information. We have been kind to give back information when asked. we're not under any obligation to do so, but we are citizens of this uh city as well and we care about it as well and and we know that you care about where you live. So that the questions that we can answer, we do try to answer, but we're not a um a board to be um sort of needled into giving information that you know comes from other sorts of uh bodies within the city like the city council and the mayor and all those other kinds of things. Even though a lot of the people up here at this dis knows know how those things work, we're we're being trying to be kind in in giving information that we that we know, but we're not under and he's a very Cody is a very kind person, but we're not under any obligation to um give you a legal education about how this stuff works, to you know um answer all your questions about um how all of this came to be. Um the city is a land owner like any other land owner with a few more restrictions and it can decide in how to sell property for the most part any way it wants to. Um it doesn't have to just like you can't be forced to sell your property to someone you don't want to or you know that sort of thing. So, um, please, I ask you kindly to keep in mind what this board does, that it's not the entire city government, that a lot of other parts of the city, and I

know that you're upset with the city, so we're receiving a lot of that, but that um, we will try to answer the questions that we can. Sometimes we're going to have to say we don't know or give you an answer that's unsatisfactory. And sometimes sometimes things happen with city government that that people aren't um that people don't like. But if you truly want to convince us to change our vote, um I I don't think that staying up at the podium longer than your than than what you're asked to is probably a good way to go about that. So anyway, ma'am,

my name is Kelly Walters. Um we moved into Orange approximately 5 years ago. My husband's family farm is on the way to Orange. They are over. Could we get your address for the

130 West Orange Road? My husband and I had been trying for almost 20 years to buy a house out in Orange because he was raised out there. The school he was raised at the original Orange. We're five generations going to the Orange School between the old and the new one. Family farm is on its way. Okay. Like I said, it's a century farm. that whole area my husband was raised in, he wanted to raise his children in. Yeah, it took us a while to get there, but please reconsider this housing addition because the one that they've already caught across from our family farm, which my brother-in-law is paying way too much money to get the weeds and the thistles and the milkweed and all that kind of stuff out of his crops. and the fact that uh uh the possum and the raccoon are terrorizing everything on the farm. But reconsider because they haven't been able to sell anything there. You're talking about houses that are going to be in the same ballpark price-wise. Okay. Why would we have two open when they're going to be able to do what? 250 homes in that other addition. It makes no sense. Could you please put it off for another 20, 25, 30 years? Not I'm not joking because as of right now, we don't need that also.

Okay. Thank you. Thank you. Got one more here. Hi, Gary Sadler. 6122 Kimell Avenue, Waterloo. Highland Meadows. Who picked that name? Why couldn't it be Orange Meadows? The lot sizes pretty narrow. And you can build a house 5 foot off your lot line in this new addition you're proposing. I disagree. traffic study that was done when school was not in.

That's what I understand. Holland Hall claims that they're going to save most of the trees. Well, most of the trees are uh in the nature area down at the bottom of the hill where the swamp is. That's where most of the trees are. So, looks to me as though you guys are going to wipe that area out. Um, I think the school they Yeah, they claim we can handle it. We can handle it, but the classrooms are going to be crowded. I I can see it coming. If all these houses are built, all the lots are are bought and they all have a one child or four, who knows? uh the deed property on this new addition which I'm going to call Orange Meadows. Um it went to who and why is my question and um you know I say if you see something say something. I don't care who you work for. All the schools that have been knocked down in Warloo and infilled with new lots. I don't know the total number. We talked about that a little bit the last time we met. No. And you said they've all been developed. How many have been sold out of the 250 or 400?

Exactly. I'd like to know that answer. Um, yeah, let's get the infield stuff that's already been developed developed. You know, you got the the infrastructurees there. Let's get the houses up. Get your tax base up. I'd reconsider this addition at this time. Thanks.

Thank you. Hello, I'm Melanie Laurens, 124 West Orange. Um, I've I've got some pictures of the land here that I took. If you guys just want to spread out, would you mind? You guys can just look at there. A lot better pictures than what I was seeing up there. Um, because I just Holland Ho was talking about how it's infill and I want to lessen sprawl. But I just want to show you that this is not just some empty field. This is um the proposed edition is on a beautiful green space. It's been beautiful green space since the school has come down. um that the residents of Orange and the a larger community utilize. Um I live across the street uh across the street from the proposed addition space. Um it's a beautiful space and every day I I spend a lot of time outside in the front yard with my toddler and we see so many people walking there, dog walking, people riding bikes. Um a lot of people in our neighborhood now have uh small type utility vehicles that they drive in there for fun. Um, not to mention, we heard about the sledding and the soccer fields. So, it definitely is a utilized space. It's like a second uh neighborhood park for us. Um, and there's also the trees are also home to lots of uh owls and birds. It's so fun to go out in the evening and hear all the owls out there. Um, living out in Orange is a bit like country living um but with neighbors. We are uh south of town away from the hustle and bustle. We're surrounded by corn fields and we all have these uh large wonderful lots that we've talked about. They're all like a half acre large. Um we have mature trees, gardens, plenty of room to breathe and we really enjoy our community green spaces such as the old school site. Um and the information on this new addition says the proposed reszone area would not appear to have negative impact on the surrounding neighborhood and land use, but I think you can hear that we all pretty much

disagree with that. Um, whoever wrote that clearly doesn't live in Orange or hasn't spent much time there because we definitely utilize this beautiful green space. Um, the addition really encroaches on our homes, uh, our neighborhood in our green space. Um, not only does it remove recreational space, but as you've heard, the entire project doesn't fit our neighborhood profile, and I'm referring to the the very small lot sizes. We all have very big the houses for those uh, directly across the street from me. The lot sizes are 0 23 acres, 0.17, 0.16, and 0 23. So, I would be looking across the street right at like four houses. It's like stacked in a row or maybe even somebody's fence. I don't know. It's not very uh inviting. So, um yes.

And uh as a side note, he was talking about how it took like a year to get this thing rolling um with the easements. Like they said they had approached neighbors who actually lived there and the neighbors said, "No, thank And then so they went to the Orange Cemetery Association. None of those people live in the area. Probably don't really even sure what it looks like. So, and they said yes. And that's how they got approval. Uh just to make that clear. Um and so that's why I just want to say uh please reconsider this addition for the sake of the neighbors and the sake of um people who live in that neighborhood. Thank you.

Thank you. Is there anybody else in the council chambers that would like to speak on this agenda item? Hi, my name is Garland Ango. I live at 144 Windsor Drive in Waterlue. Mr. And I work for uh Mr. Anderson in the afternoons. Being a business person, I thinking about the city and obviously they make a lot of different decisions other than business like decision, but as a business person, I would be thinking you would make it available to any other qualified developers if it were to go through sitting next to Corey Hodap here and he knew nothing about it and he is a qualified developer. So, um anyway, um that's my and I would say develop what's already there with Paradise Estates and then if it uh when it does fill um reconsider it at that time. Thank you.

Thank you. And see here, we got one more coming up. [Music] My name is Barb Gther. I live at 6131 Kimell Avenue. I was not going to talk tonight. Um, my family, my husband and I have lived in Orange for over 36 years. We bought out there because we did not want to live in Waterlue where you can open your window and see right into the neighbor's window. We like where we live. We live across the street um from where this development is going. Granted, there are neighbors in between us and the development. We were never given any information. We had no idea about this. When a neighbor across the street shared information with me, I contacted the city and I talked with null and this goes back to like January of 24. Um, I told him I wanted to be kept ab breast. I wanted all the paperwork that the others were getting. I know for a fact that not only I did not get it, many people along the road where I live did not receive it. Many people further north of Orange Road did not receive this information. There are a lot of us who had no idea. The only thing I have here is a map that I was given at the meeting at the South Waterlue Church of the Brethren the other night. That is the only paperwork I have outside of what I grabbed here. I was told by Null that I would be kept a breast. He was given my email. He was given my address, my phone number. I have received nothing. And if they think that this is not going to affect my home, my property, it they're wrong. We have seven grandchildren that like to play in the area. Our our house is fairly close

to the road as it is. We try to keep them outside, but it's like hurting cats sometimes. You can't always keep them in the backyard. Sometimes they want to be up front. I just would request I know they recently changed an area of um Kimble Avenue to 25 mile per hour, but nobody addresses that. Nobody follows it. um except those of us who live there. We have had dump trucks when they were working on the the addition to the north of the school. We had dump trucks that were going 40, 50 miles an hour through Orange. And there's kids that play. There's kids that cross the road. I cross the road to get my mail as do many others in in the area. I am not trying to stop any progress, but look into it. We've got this other area that needs to be developed right now outside of the days after the meeting at the South Waterlue Church of the Brethren. That area was looking very shambly. It it was the weeds were this high and it did not look good. After our meeting, I'm sure the city contacted them because they were out there the very next day when I drove into Waterloo. They were working and clearing some of the weeds. They were cutting, weed whacking, what have you. We appreciate that it's done, but I hope it's not going to be not done again until next year. Because if I did that with my yard, I can guarantee you I would be getting a notice from the city. and it's not fair to any of us that live out there that take pride in our our homes. So, I would just like the council and I appreciate your time. I appreciate you listening to us, but consider this when you're making

your decision because you are the ones making the decision for the city. This does affect a a larger community than the few people that live directly along Orange where this is going to be and along Kimell where this is going to be. There are many others further north of Orange and also across Kimell who did not get these letters, did not get this information. We're not aware of this and we don't get the firsthand information. So, I appreciate your time, but I would like to be put back on the mailing list, which I've never been on. So, I've requested that many times and um I would like to be as would I'm sure many of my other neighbors who are not on it. Thank you.

Thank you,

Mike Henning, 138 Sideill Drive down in Orange. Uh, two quick things. One is this lease got me really concerned. I work with null and some of the others and we put together a communication agreement to keep the Orange residents in the Orange Neighborhood Association from the site of Abor 21 to South Waterl City limits up to the bridges informed of anything that might infect Orange Neighborhood Association. I'm not the current chairman of that, but apparently that communication has been ignored by the city because it sounds like a lot of people have not been getting notified on what the hell is going on. That's very concerning. I'll go dig that thing out and I'll make damn sure that Britney knows about it and we'll get I'll go talk to the mayor. We we'll go from there on that topic. Another topic that's been talked about has been the school system and I volunteered in the new school since before it was actually opened up working with the the principal Terry Tras and company and we volunteer basically weekly and even anyway whole lot of volunteering in that school since 2013 when it opened and that school started out yeah about twothirds full whatever it was nice we had classrooms to do things like Lego League and other stuff. The last two years, every classroom is used for classes. Every classroom the last two years. And now we're going to throw 70 houses and a whole bunch other pretty tough. But I know the school rearranges schools and all that stuff. That stuff takes place, but that place is fulging at the seams.

Mike, we're supposed to speak one time per person. Uh, he caught you. Yeah, that's you're supposed to speak one time per person, not a second time. So, should have told me that before I started talking. Yeah, sorry. Maybe on like this. We need to have like a Well, this patience here.

Sorry, I'll keep this short. I know it's getting long. My Hunter Scogman, 417 First Avenue. Um, so just a couple things. Uh, we are phasing this thing in slowly. So, it's going to be between 15 and 20 lots per phase. So it's we're not building all 70 houses at the same time. I just want to make sure that's clear. And the second thing is this is no disrespect to any other developer builder, but we've built over 100 houses in water. And I think if you look at the areas we've developed in Cedar Falls and water over the past 25 years, they're all well-maintained. Uh people want to live in them. It's a destination for people. They're great neighborhoods. Um so I think we've I think we've done a good job if you look at the our track record here. And if you have any questions, I'll answer them. Thanks.

Thank you. All right. Uh,

Lauren Hoffman, 1860 Boy Road. Hi, uh, H Highwalk. Just uh, up here a second time just to kind of do some clarification on a few things that came up. Uh, first on, uh, neighborhood correspondence. Uh there were some uh items uh action items that were came up at the neighborhood meeting and uh those reports and the followup on those action items were sent to Britney the the president of the HOA. So if there's some other communication that we need to be aware of, please let us know. But we were understanding that she was disseminating that information out to the group. It is not in the HOA. I'm sorry. Neighborhood. Sorry. Hey.

Yeah, sure. Um uh there was also comment about the trees. Yes, there I I I maybe I misled anybody by saying that we were going to save all the trees. That's not it's not possible. There's there are some trees kind of in the cl in the center where there's some steep slopes where the former school had, you know, had two stories on one side, one story on the other. Yeah, there's a cluster of scrub trees, I call them for the most part. Yes, there's a few uh some desirabs, but for the most part, the smaller trees, those will have to come down. But the trees that we're preserving or making efforts to are along the perimeter where these neighbors would have properties that would be in close proximity. Um that's all I have. Thank you.

Thank you. I don't see anyone coming to speak on this item. Um I think we'll go ahead and entertain a motion to close the public hearing. So moved. Do not seconding. All those in favor of closing the public hearing signify by saying I. I. I. Okay. So, um, now this is the part where we come together and, uh, figure out what we're going to do here.

Yeah. This is the classic, um, you know, in law school, you learn about the the classic problems of of people living near each other and the the classic problems of property and and how property ownership works. And sometimes, you know, you uh get to know a piece of property for uh don't worry, we'll get to null after.

Okay. You get to know a piece of property and feel some ownership over it when you don't have legal ownership. You um you uh spend time there. You do things there um legally, unless you have some kind of easement or lease agreement or other agreement. Um, basically what you're doing is trespassing and nobody's but nobody's doing anything about the trespassing. So, I do understand all the emotions in the room and I do understand how people feel ownership and and um love for a piece of property that they really don't have um any legal title to. and all of the stuff that's in this uh booklet that we get. Although the the words um that people hear um uh seem to make them think that there will be no impact to property, um these are very very te technical words with very very technical definitions from ordinances and from um um just uh textbooks and and uh how city planning and planning in general is done. And um this is a very technical book and a very technical um uh each one of these words in here kind of stands for a paragraph of you know a litany of things that go with that thing. Um and uh it's not really plain English because it it uh it means so many other things the way that the definitions are written in in ordinances and so on and so forth. Um sometimes when you have property ownership um you own your little piece of property and you you don't have control over what happens to the property around you and that's just how property ownership in our country generally works unless there are local laws um you know uh against it. Um, and unfortunately sometimes we get used to our place of living being one way for 40, 50, 60, 70, 80 years, and suddenly it's another way. And we're

never going to agree about um what is best, what is right, what is best for the city, what is best for this little this um association, what is best for the people in North Waterl, what is best for the whole city, what is best for the people. We're never going to agree. um we can probably never get to agreement, but that's why we have um city government systems and city government voting and um that's how we push through the things that we don't agree on and sometimes the things that we want to happen happen and sometimes they don't um and we just go on as a city. So, I have heard and listened to and feel um everything that everybody said in this room tonight um and um taken it into account and um we all have even though even though sometimes it's hard for us to listen and sometimes it comes at us with a lot of force um we we do listen we do hear you

null. Thank you Janelle.

All right, just a couple questions that were asked. I just want to get the answers to the commission. No Anderson, community planning development director. Um the Waterlue Waterworks general manager said we could be out to bid this fall as soon as we finalize our site selection which we're working on and it will not take long to complete once started. So yes, it could be started this fall and done in 2026. Uh the school uh district uh representative uh noted that they do not have any concerns with students um being generated for Orange School there. As you know, some of the students that would be there now may be gone by the time the new students would come in with new families and all that. So, it it's a it's a cycle. And then I'm I'm uh apologies to anyone that didn't get notified. I know that my staff I he's not here today that is in charge of it. I texted him. He said he did send out the notification to the neighborhood association contact. If there's anyone else that specifically wants us to email them directly, please uh send that to the planning office and we'll we'll be able to do that to you. Uh normally we send those through the neighborhood association. And then if anyone has any questions on residential tiffs, I'm more than happy to explain it to you if you really want to sit through that. Um, someone noted that the populations of Hudson and Cedar Falls are going up faster than Waterlue and they are using residential tiffs. So, we are working to compete with them uh to get building here instead of there.

Thank you.

Thank you. I I think back on my time as community development chair um I'll have to reach back. I I still work I I remember working with them and have contacts, but that's where our neighborhood like neighborhood services and whatnot. They're they're under that umbrella so I can also kind of make sure that all the gears in the city are kind of turnurning working together. Uh we definitely want people to be informed. Uh th this particular item reminds me of the last meeting that I missed a few years ago. where we had a proposal for a coffee shop and now there's like three or four of them there and you you look and you go, "Holy moly, right? Do we need that much coffee in one block?" And this is a little bit more serious. So bear with me. When we look at stuff, at least when I look at stuff, I look at it and I go, "Is it safe?" In this case, yes. this is 100% safe and it's well within all the guidelines. Is it practical? I'm not 100% sold on that and that that's my remark and discussion on this as you vote. So, um is there any other between us as commissioners? Does anyone have any other thoughts, questions, comments? I want to make sure that we get this right. Oh,

I um I definitely heard everybody here tonight and uh things are never perfect. Uh there's no perfect plan. Um but I have heard the concerns tonight. Okay.

Yeah. And this is due not I want to I want to agree with especially uh Commissioner Euing's um earlier comment, not the comment that you just made, but the earlier one. I want to agree with that. And I also want to say I'm kind of undecided on this issue because I understand both positions. I understand how it's uh laid out in item number four under the staff recommendation in the packet, but I also understand what the people are saying in the audience. So, I understand both and I don't know how I'm going to vote until I vote. All right. Um, we'll go ahead and I'll entertain a motion on the item.

And just so you know, I'll probably do a roll call vote. Yeah, that sounds like one that roll. Do you want to read the motion and we can discuss? Yeah, because we have to have a motion and it is reading it for the reason. just and and the second and and the preliminary and the preliminary pretty much otherwise the same so you don't have to reread it. Yeah. Yep. Okay. I think I'm on the correct page. Page 31. Correct. Okay. Yes.

All right. Um I move that the city of Waterl reszone approximately 24.27 27 acres from R1 1 and two family residence district to R1 RP planned residence district to construct 70 homes located south of Orange Road and west of Kimell Avenue be approved for the following reasons. One, the request would not appear to have a negative impact on the surrounding area as it would qualify as infill development by going on a site with existing infrastructure in place on borders. And I pause there and I say that negative impact doesn't mean zero change. That's one of those technical things that I was talking about. Um here every everything every day has changed. Um the request will create new infill lots in a developed part of the city as this is a former school site. The request is in conformance with the comprehensive plan and future land use map which shows this area as lowdensity residential. The request is in conformance with the 2020 vision plan which emphasizes new housing opportunities and development in the city of water. Scogman Homes has been a leading home builder in Waterl for a number of years in terms of units being built at over 300,000 per home anticipated. This represents a 21 million plus investment in the community to work and help grow the tax base, add to the population and grow water as a community in close proximity to a newer school for addition additional students as well. And the motion is both for the reszoning R1 to R um R11 and two family residence R R two R1 RP as well as the platt as well as to plat the and that's what we need in the motion, right? Okay. Um, and subject to the following conditions. I just wanted to go back and make sure I got everything in the motion. That the property be limited to

single family homes. That the final site plan meets all applicable city codes, regulations, etc. including but not limited to parking, landscaping, drainage, etc. Thus endeth the motion. Now beginth the discussion. Well, we got to get a second. Oh, yeah. Is there a second? Wait, I'll second it. Thank you. Okay. Discussion. I think we had a lot of it. We did. Okay. We did. Um well, uh hearing no discussion, I'm going to go through a roll call vote then. Commissioner Ewing, I

I Commissioner Voit. I Commissioner Sure. Yeah. I Okay. Uh, Commissioner Lic. Wow, they really butchered my name on this. Commissioner Lico, I'm going to vote I'm actually going to vote with the people on this one and vote a Commissioner Schaefer. I I Commissioner Do. No. We got

four to two in favor. Motion carries. This is just a recommendation and it's just the first part of the process.

Um I recommend that that if you want to be further involved in the process, you should. Um but there's you know a big difference between um what you would like um as far as you know notification those things um and what the law prescribes. So you know maybe the association can pull some funds together for a property attorney. Maybe maybe the association can pull some funds together to walk you through how this process works and where you may be able to have more of an effect on that process. So, this is just a step and um educate yourselves and learn about city government and I think our city will be better for that.

All right. Thank you. We've got one item. We've got one item left. It is a request by VJ Engineering on behalf of Three Stooges LLC for the final plat of the Martin Road subdivision, a three lot commercial subdivision in the M2P planned industrial district located at 1330 to 1350 Martin Road.

This is Tamala with staff. The applicant is requesting to approve the final platin road subdivision at three lot industrial subdivision. I'm sorry. Could we just Could we just pause on the maybe I just want to be able to hear staff. Oh, I mean, yeah, they should keep going, but let's pause on the staff. So, yeah, I just want to be able from the audience to be able to hear staff. Yeah. Thank you. Okay. Thank you.

Yeah, no problem. Um, the request would not appear to have negative impact on the surrounding neighborhood. The proposed final plot would not appear to have negative impact upon vehicular and predictive traffic conditions in the area as the plattered as the area being plotted is already developed. Sergeant road trail is located along Sergeant Road US Highway 63.2 miles to the southeast.

The area of the proposed plat is zon M2P um and has been zoned as such and has been being reszoned from a from A1 on May 3rd, 2004. industrial development between 1981 and 2023. The property is located with a 100red-year flood plane. Um, however, all three buildings were built to meet flood plane requirements by being 1 foot above the base flood elevations. There is a 8 in sanitary sewer line on Martin Road and overhead electric along the east side of the road. Future land use map designates as ind industrial and the plaque conforms to that. Um the applicant is requesting the final plat of Martin Road. All three buildings were built to meet floodprint requirements. There are no track showing and no additional infrastructure is required for the plat. The final plat includes the following items. Legal description, property lines dimensions, date, adjoining subdivision, detail dedication, engineer certificate of survey, easements, proper lot sequence. Since it's already a planned district and the subdivision is already built, building dimensions are not required. Final plat subdivision ordinance code. Therefore, staff recommends that the request by VJ Engineering on behalf of Three Stooges LLC for the final plat of Martin Road subdivision, a three lot industrial subdivision and the M2P plan industrial district located at 13:30 1350 Martin Road be approved for the following reasons. The plat should not would not have a negative impact on the surrounding area. The plat would not have a negative impact on traffic conditions. The plat meets the requirements of the subdivision code. Any questions for staff? This one's been going through for a while here. Uh there's no surprises out of this one. Any any questions? No. Is the applicant on? No. Um I'll entertain a motion on the item.

So this is Commissioner Duna. I move that we um adopt the staff recommendation according to what is in the packet to um on behalf of Three Studios LLC for the final plat of Martin Road subdivision. Am I reading the right one?

Okay. Sublot Industrial Subdivision in the M2 planned um industrial district at 13:30 to 1350 Martin Road be approved for the following reasons as outlined. The plaque should not have a negative impact on the surrounding area. The plaque should not have a negative impact on traffic conditions in the area and the plant meets the requirements of the subdivision ordinance. Second. Any discussion? All those in favor of approving the agenda item signify by saying I. I.

Any opposed? Motion carries. Um all right. Uh any discussion? Anything else here? I've got two items actually because we're here. Um, why is our revenue only at 56%. Sorry. I mean, I asked for the report. Of course, I'm going to read it.

This is Strader with staff. Um, yes. So, we did at the request of the chair, we did include the U budget um report which covers through the the end of the fiscal year. So yeah, it does show revenue at 56%. So we were um pretty significantly But we were also under on expenses. So

yeah. Yeah, I've seen that part. I was like, good job. 91%. So, no, that's good. Um, little budget oversight is good. And then, uh, the other item I had is November, that meeting, I believe, will be November 12th. And with November 11th being Veterans Day, I just wanted to make sure that there would be no conflict with the city council meeting or anything on that Tuesday. Oh, because the the meeting the city council meeting is usually on Monday. Yeah, it's usually on a Monday. And then if if it was their week to have it, would it get pushed? Okay. So So we won't have any conflict then. Okay. Be November 11th is the t Tuesday.

Oh, okay. So it'll be the 11th. Oh, but there's but there's no council meeting. Um, November 11th is a holiday. So, I just want to make sure we get ahead of that because y'all's getting a day off, I'm assuming, right? Yeah. Yeah. Okay. So, we might want to look ahead on that one. Other than that, um, motion to adjurnn. Can we have the meeting on the first Tuesday at all or is that because of the council meeting? That would be

straight with staff. We can look at that. It might be a possibility. No, we moved them from the first Tuesday to the second Tuesday to help avoid holidays. I mean, we moved it for a couple of different reasons. Yeah. But one of the main ones was to avoid holidays. And I'm trying to avoid the holiday. Yeah. Okay. Okay. Anyone motion to adjurnn? So move sherk. Okay. All those in favor? I I oppose. Thank you. Thank you for your