Planning, Programming & Zoning Commission - Regular Meeting

Uh we will call this planning program and zoning commission meeting to order. Uh first up we'll have an approval of the October 14th 2025 agenda. So moved do not second. All those in favor signify by saying I. I. Any opposed? Motion carries. Next up, whenever someone's comfortable, will I'll entertain a motion to approve the minutes of the regular meeting held on September 9th, 2025. So move, Brooker. Second, Chberg. All right. Motion, a second. Uh, all those in favor of approving the minutes signify by saying I. I. I. I. Any

oppose? Motion carries. Uh at this point in time, we will uh allow people to come up to the podium and speak on non-aggenda items. Uh please state your name and address if you so wish to. Is there anybody on Zoom that would like to speak on a non-aggenda item? Quiet takers here. Uh we got a lot of business here, so we're going to go ahead and roll into new business. Uh first up, we have a request by Robson Homes to reszone approximately 37.07 acres from R3 multiple residence district to R3 RP multiple residence district located. That doesn't read right. Multiple

you went to prison. No, it's our three. It's Anyway, once R3 RP planned plan, Yep. Excuse me. Planned Multiple Residence District.

That's why I didn't get that course. Um, located east of Omaha Avenue, pages 11 through 20 or packet. The time is 4:02 p.m. and a hearing is scheduled at this time. Uh, 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 April 24th, 2025." Could we have a motion to receive and place this notice on file? So moved. Second, Paul. Okay.

Uh, all those in favor signify by saying I. I. Any opposed?

Motion carries. Going to the staff report. This is tomorrow with staff. Robson Homes is requesting to reszone approximately 37.07 acres from R3 multiple residence district to R3 RP plan multiple residence district to allow for a development consistent with the surrounding area. The proposed reason would not appear to have negative impact on the surrounding neighborhood and land use as the development to the west is zone R3 RP plan residence district. The proposed reason would not appear to have a negative impact on vehicular and pedestrian traffic as the surrounding area is primarily twin homes and single family homes with some forplexes. The site is located to the east of Omaha Avenue which is designated as a local street. There are sidewalks along both sides of Grindstone Circle, Morning Morning Dove Drive and Omaha Avenue. There are no trails in the immediate vicinity, but one is being constructed along Leaport Road as a part of the as a part of the road construction project uh 1/4 mile to the east. The area is currently zoned R3 multiple residence district and has been zoned as such since it was reszoned from A1 Agriculture District on October 6, 1980. Surrounding land uses and their zoning. To the north, commercial development zoned S1 Shopping Center District to the south, vacant land and Cedar Valley Lawn Care Zoned A1 Agricultural District. To the east, vacant land zoned R3 multiple residence district. To the west, residential development zoned R3 RPL residence district. Commercial buildings to the north were constructed between 1994 and 2013. Nearby residential dwellings have been constructed constructed from 2010 to the present. The proposed reason would not project impact on drainage. The area is not in a special flood hazard area. There is a there's 10-ft utility easements platted on the frontage of lots in the Prairie

Meadow Estates first edition subdivision which is in the proposed reszone area. Future land use map designates this area as mixed commercial, medium to high density, residential, professional offices, neighborhood commercial. This request is in conformance with the future land use map and comprehensive plan. The applicant is requesting to reszone approximately 37.07 acres of land from R3 to R3 RP. The zoning ordinance states that are 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. This resoning request is to make proposed reszoned area to make the proposed reszone area consistent with the zoning for the budding residential development to the west as the residential development would be similar in character inside. Prairie Meadow Estates's first edition is platted to develop a 49 lot residential subdivision in the proposed reszone area. The final plat for Perry met Estates's first edition was passed on January 21st, 2025. Uh fire department noted that for future development an access point must be provided. Uh platting is not required for this reszone request although reszone although the reszone includes 27 acres of future development land to the east that will be platted in the future. Therefore staff recommends that the request by Robson Homes to to reszone approximately 37.07 07 acres from R3 multiple residence district to R3 RP plan multiple residence district located east of Om O Omaha Avenue be approved for the following reasons. The reason would not appear to have a negative impact on the surrounding area. The reason would not appear to have a negative impact on the traffic conditions in the area. The reason would be in character with the surrounding residential development. Any questions for staff?

Uh this is Shoberg. Uh initial question. Uh fire noted that uh for future development an access point must be provided. Is that for future beyond what we're approving tonight? This is trader with staff. Yes, that's for additional development beyond this. Okay. This is white. I have a I have a question. In the uh packet it says did not would not appear to have a negative impact on vehicular or pedestrian traffic. Um and I'm looking at the size of what they want to do. I mean, how can you say vehicular and pedestrian traffic are not going to be impacted?

This is straighter with staff. Um I could don't believe the traffic engineer is here, but at the technical review committee uh meeting, there was no issues on uh traffic congestion being noted. These are all local residential streets um with generally speaking very low traffic on these streets are generally going to be residents of these homes going to and from and not anticipate any issues. All right. Any further questions for staff um at this time? Uh for those of you who wish to speak for or against this request, we would ask that you please come to the microphone and identify yourself by name and address. The members of the commission should also identify themselves before speaking in the microphones, which they do excellently. Um good afternoon. My name is Carolyn Carpenter. I live at 717 Grindstone Circle and um the conversation you just had about the vehicular traffic is one of our concerns um because we have just completed one uh phase of construction on Omaha and traffic has become quite a bit more and our concern neighbors and myself is that um if you have another street beyond which is Mystic, that's what they're talking about, what this is about. Um there are only two streets coming into

that entire neighborhood. Now, at one time that was fine, but now we've added um Grindstone, which is where I live, and Omaha, which is, like I said, that's pretty much complete now, and and people are starting to buy and fill in. Now, if we have another street, Mystic beyond that, um there are only two ways in and out. One is between uh Walmart and HY, and one is out past Home Depot. And it is felt that there should be another uh point of access to this neighborhood going out towards Leaport Road, Hess, whatever you want to call it. um for a lot of reasons. For the safety of the neighborhood, if there should be an emergency response time, um all this construction that will be done again is going to be coming in past our street. Yes, they can come in on those two places, but they still are going to be coming through. Now, we've just completed that whole process with Omaha. So, um, for multiple reasons, we would like the city to consider getting another outlet or access area to this this neighborhood before there is more construction and there are more homes and it's denser population in that area. So, that's something um we would like you to consider. And I don't know what the rest of the process is after today's meeting, but we certainly would like to be, you know, apprised of when the next time it will be discussed. And I'm sure there will be more people that might want to be involved um depending on how things go today. Um,

I also was curious um how the uh list the mailing list was compiled for the letter that went out because this is far from comprehensive for the neighborhood and the most of the neighbors that I know were not aware that this was going on. I talked to several and that's why I'm speaking for them as well as myself, but I only knew two people on this list. And like I said, I I kind of went around canvased my neighbors that were not on the list. And so, how how do you compile a list and expect you're going to get feedback from um it's a pretty goodized neighborhood up there now. Um,

can anybody tell me how the list was compiled?

Sure can. Eric Schrader, city planner, by code, the um a reszone request is required to be sent notice to uh property owners uh of record through the assessor's uh records uh to all properties within 250 ft of the area to be reszoned. So that we use a uh geographic information system uh computer program uh that selects we can select the property that's being reszoned. We can buffer that property at 250 ft distance and then select all parcels that fall within that. And that's in the letter that was mailed out. It includes that map that we create.

Yeah. Uh and then from there we select uh all of the tax mail to addresses of record uh of those parcels that are within 250 ft and mail out notice to all of those. Well, I don't believe this is comprehensive because the neighbors that I spoke to h have lived there. One couple was longer than than myself and they own their property. It's not like they're renters. There are other people that have lived there shortly after I moved in. Would that be on Grindstone? Yeah, Grindstone is more than 250 ft away from the Rezone area. Then why did I get a letter? I am not sure.

Are you on the far edge of that street closest to the development? I'm um the first building off is it Darby down towards Crossroads. I am in the first building on the Omaha side of Grindstone, but there are people on Morning Dove that are on this list. And I thought Morning Dove was farther than myself. So

Morning Dove curves around and the east west portion of Morning Dove tease into the proposed Mystic Drive and extends east of Omaha Avenue. Okay. I still don't feel it's a comprehensive list. So that's why I wanted to know um how you came up with it. So, um, so I've expressed my concerns. Can anybody give me an idea of what the next step is for us? Uh, will you be making a decision today?

This is Shrader with staff. So this reszone request requesting to reszone the area from R3 multiple residence district to R3RP planned residence district is before the planning commission today. They will make a recommendation only. That recommendation will go on to the city council. Um I John is the council date already set for Yeah. November 3rd. November 3rd. So, it will be on the city council agenda on November 3rd. Although, I would note that this area is already zoned R3, multiple residence district. Right.

The first phase of what's within this area along Mystic Drive has an approved plat and development um has already commenced. They're requesting this reszone to allow some flexibility in the density requirement for a few of the lots. Uh but if this reszone were not to move forward, that doesn't change that they can proceed with the development. It would just change what they could build on individual lots. And how would that change? There's a what what does RP

planned residence district? Um the plan district means it's subject to an approved plan and they've submitted a site plan for how they're proposing to lay that out.

Uh and then if that would be approved before they could make any changes to the plan, they would have to come back through this approval process. So for instance, the additional land to the east that's included in the reszone doesn't have a site plan currently. Okay. So, they'll need to come back through a site plan amendment approval process on that. But the plan district also provides flexibility in like density requirements, lot coverage requirements. And that's a couple of the smaller lots they were running into uh issues on meeting that. So, that's why it's been requested to be reszoned to RP. Would that include commercial? No.

No. Okay. Well, again, I would say that our primary concern is that um we would like the city to look at providing access into that neighborhood from that side from Leaport Road. Hes I can't remember what connecting street would be down there. Uh crossroads boulevard. I I don't know. But we feel there should be a third entrance into the neighborhood. Um,

and the city does agree with that. The the long-term master plan for this area does show connection to both Leaport Road to the east and to Crossroads Boulevard via crossing of that drainage ditch there to the north. Um, but that is anticipated to be in a future phase, not this uh phase of Mystic Drive. All right. Thank you for your time. Uh, is anyone else wishing to speak on this agenda item? Um, hearing none, I'll entertain a motion to close the public hearing.

So moved, Shelberg, second. All those in favor of closing the public hearing signify by saying I. I. I. Any opposed? Motion carries. Uh at this point in time uh I will entertain a motion on the agenda item. This is Shelberg. I would make a motion that the request by Robson Homes to resone approximately 37.07 acres from R3 multiple residence district to R3 RP planned multiple residence district be approved with no conditions. Second. Do not

There is a motion and a second. Any discussion? All those in favor of approving the agenda item signify by saying I. I. Any opposed?

Motion carries. All right. The time is 4:19 p.m. and a hearing is scheduled at this time for a request by Troy Morris Jr. for a site plan amendment to allow for a restaurant, ice cream shop, and sign shop in a former funeral home in the S1 shopping center district located at 3146 Kimble Avenue. pages 21 through 31 in your packet. At this time, we should receive and place on file a statement of verification signed by Alyssa Little stating, "I, Alyssa Little, do hereby certify that a copy of the attached letter, aerial photo, and site plan was mailed to each individual on the attached list by regular mail on September 25th, 2025." Uh, could we have a a motion to receive and place this notice on file?

So, move PO second vote. All right, we got a motion and a second. Um, all those in favor signify by saying I. I. I.

Any opposed? Motion carries. Staff report. This is Gman with staff. As stated, the applicant is requesting a site plan amendment to allow for a sign shop, restaurant, and ice cream shop in addition to the existing sandwich shop in an existing building. The request would not appear to have a negative impact on the surrounding area. The proposed site plan amendment would not appear to have a negative impact on vehicular or pedestrian traffic conditions in the area. The site is located along the intersection of Kimell Avenue and Park Lane. Kimell Avenue is classified as a minor arterial and Park Lane is classified as a local street. The parking lot is accessed via the Kimble Avenue frontage road. There are sidewalks along the south side of Park Lane and along Kimell Avenue frontage road. The property in question is zoned S1 Shopping Center District since the adoption of the zoning ordinance in 1969. Surrounding land uses and their zoning designations are as follows. To the north is medical offices and commercial zoned S1 shopping center District. To the south is Bank Iowa zoned R4CZ multiple residence conditional zoning district. To the east is vacant land zoned S1 shopping center D district and single family homes zoned R2 one and two family residence district to the west are professional offices zoned S1 shopping center District the surrounding area consists of professional offices and commercial buildings constructed around the 1970s through the 2000s and single family homes constructed between 1960 and 1970. Um, Hoover Middle School, Lou Henry Elementary School, and Pollson Park are located approximately a half mile to the southwest of the property. There is a

12-in storm sewer line, a 12-in water main, and an 8 in sanitary sewer running along Kimell Avenue, as well as a 15 uh inch storm sewer traveling along the southeast corner of the property. The future land use map designates this area as commercial. The proposed site plan amendment would be in conformance with the comprehensive plan of future land use map. The applicant is requesting a site plan amendment to allow for a sign shop in an existing building as well as the other uses. The applicant recently went through a site plan amendment process to allow for a sandwich shop to be located in the same building. That request was approved by the city council in February. At the time, the applicant knew that other uses would be going into the building, but did not know what they would be and was told uh that he would when he was ready, he would have to come back for a site plan amendment uh when he's ready to put the other businesses into the building. The applicant is planning on adding a restaurant, additional spaces for Troy Sandwiches, a sign shop, and an ice cream shop. The sign shop is what will be opening first, and the ice cream shop and restaurant will open sometime in the future. For standard type restaurants, one parking space is required for each 100 square feet of floor area devoted to patron use with a minimum of 10 spaces. The sandwich shop and ice cream shop requires 10 spaces each. The restaurant requires 37 spaces. Um the sign shop requires one parking space for each 250 square ft of office floor area and one space for each two persons employed on the maximum shift. The sign shop has an office space that will be 100 square feet and a maximum of three employees on a sign shift. So, three parking spaces are required for the sign shop. The total number of parking spaces required is 60. The parking lot uh for

the building has 43 parking spots. The applicant does have a letter from the neighboring uh property owner at 3151 Brockway Road to allow the applicant to use any of his 54 parking spots after 5:00 p.m. Which means there would be 97 available parking stalls after 5:00 p.m. Business hours may also vary, so some of the uses may be closed while others are open, which would help park the parking situation. The S1 zoning district does allow for flexibility when it comes to parking to take advantage of shared such shared parking arrangements. In the technical review committee, the building department noted that the applicant will need to get an architect on the project. They also noted uh that they would like to know what the area labeled as TBD on the site plan will be used for as they had heard that it would might be used for a worship area. Um, therefore, staff recommends that the request by Troy Morris for a site plan amendment to allow for a restaurant, ice cream shop, and sign shop in the a former funeral home in the S1 shopping center district located at 3146 Kimble Avenue be approved for the following reasons. One, the request is in conformance with the comprehensive plan and future land use map for this area. Two, the request would not appear to have a negative impact on traffic conditions in the area. Three, the request would not appear to have a negative impact on the surrounding area and with the following conditions that there be no outside storage.

Thank you. Uh any questions for staff from this is do not I thought there there was a stand there was a sandwich shop already operating as a business in that on that site. Yes, this is everything in addition to the sandwich shop. Okay. I believe we approved that about a year ago. Yep. Um this is Po. Uh when he when the applicant states sign shop, what what does he mean? What's a sign shop? Um like a Nagel signs. Oh yeah, I I'll defer to the applicant. Come on up. The manufacturer of signups. Please state your name and address.

Troy Morris, 3146 Kimell Avenue here in Waterl. Um, as far as sign shop goes, it's it's not a manufacturing facility. So, we're not going to be making big pylon signs, monument signs, stuff like that. Really, the intent is small commercial signage, interior ADA, directional signage, um, dimensional lettering, uh, stuff that you would find in a building like this. Most of our current workload for our company in California is interior signage. Okay. Thank you. Yep. Exactly. All right. Are there any other questions for the applicant?

Uh yeah, I have a couple. One is on this uh on our packet here. Basically, you're short 17 spaces. Um and in the paragraph, it says there's 54 uh you know, the use of his 54 parking spots. the neighbor, the packet says after 5:00 PM. His letter does not say that exactly. It he uh he says you got 54 parking spots, but he doesn't say after 5:00.

He doesn't care. Initially, that after 5:00 p.m. was part of our very first conversation back in February when we met here. And so, somebody just remembered that and added it because it doesn't it's not in the scope of his letter now. He doesn't care when we use the spots. uh for the record. Oh, sorry. Go ahead. So, my qu my follow-up question to that is I mean, he's got a required number of parking spots, right? So, you know, what's his required parking spots? What's their required parking spots? And do the two add up to enough available parking spots or are we looking at overlooking that on a variance basis or whatever?

This is Shider with staff. I don't know that we've looked at the actual number of his and how much excess he has. Uh but this property is zoned S1 which does allow flexibility in parking. So it doesn't need a separate variance as long as uh it is approved as part of this site plan amendment process. And that is specifically to allow um this type of flexibility and to take into consideration um shared parking uh multiple uses with differing peak hours and therefore a general um the dinner restaurant, for example, won't even be open till 5. And so none of that dinner parking is going to be required. Once our dinner restaurant opens, our sandwich shop is going to be closed. So, they're not going to share a parking lot.

Okay. Um, then the other question I have in going through this is on page 29, um, it shows a storage uh, a storage area on the top of the floor plan. I don't have any idea which north is on this, but it's at the top as it's printed. Um, and I'm assuming that by based on the calculations back on page 25 that no account was made for storage area, if it's dedicated to a business, my understanding in my profession is you don't have to take it, but if that space becomes alternate use later, then that's going to affect the required parking spaces. So that that space now has a rollup door and when the sign company begins to work and we are installing decals on customers cars and such that space is where we will pull the cars in and out of the weather to uh to it's right now it's just garage is what it is. So I don't know how that affects the usage of what you're doing or what

if it would change in the future then it would um factor into the parking requirement but changes in uses since this is S1 which is a planned district site plan specific use specific a change in use can be minor if it's similar to one already approved um but it would not be minor if it would be causing additional um parking issue that would have to be addressed. So then it would have to come back through this site plan amendment approval process. Okay, that's the end of my questions. All right, I got one that's a little easier for you.

Yeah, Commissioner Lico to Co. Um I I take personal inventory of agenda items down the road and see if they worked out or if they didn't and stuff and obviously I've driven by your your sandwich shop and stuff and you can answer this and I already know the answer, but uh have you really been struggling for parking anyway? No. All right. Yeah. No. Um I have a question. Uh this is do not in the technical review committee. I'm reading down toward the toward the bottom of page 25. So is it um in the technical review committee the building department noted that the applicant will need to get an architect on the project. There is one already on the project.

Okay. Yeah. It's single source right behind us. Um they are the ones actually who provided all the drawings. You can see on that their logo is up in the corner, but I didn't have a digital copy because Damian was out of town when I submitted this. So, I took a picture with my camera phone, scanned it in, and that's why it's as generic as it is. Okay. Thank you. Any other questions for the applicant? The only other one is uh in regards to the religious the potential for religious activity on site. Is that true or just someone heard that?

Well, I don't want to say that it could never happen because if it it the intent is to have a music center as part of our dinner restaurant. So, that to be determined area eventually, I'm sure we're going to have to come back and maybe do a minor adjustment or something at that point, but eventually that's going to be dining room seating. And so, there's going to be a stage in there and there's going to be live music. And so once a month we might hold a worship music night in there. Um something like that. Will it be a church? Absolutely not. Um but I don't want to limit what our plans are as far as the type of music and the genre and stuff. So all right, that's it for me. All right. Thank you so much.

Of course. Thank you. Um no other questions. Um I think you can sit down now. Thank you. Uh, is there anyone else that would like to speak on this agenda item, Mr. Chair? Yes.

Dave Dave Bolson, city council lean on the planning and zoning. When I'm looking at this this parking map, there's there's no concrete access between the parking uh and that other building to Troy's parking lot. How do you maintain that in the winter time when you got, you know, 18 inches of snow between those two parking lots? I I honestly think that there should be something that connects those two parking lots that has as that has a permanent hard surface if you're going to require that portion of the parking to to be part of the overall parking plan. 16 of those parking spaces you the only access you have is to go out to Brockway, go down to the next drive and come back. But still you have grass in between Troy's and and the parking that that's off of Brockway. So, can I answer? Is that for me? Yeah. Um, my expectation I don't know where to look to see you. Um, my expectation was that we would actually create a concrete path through that grass section because I wouldn't want my patrons to have to walk in the mud and the snow.

Thank you. That clears that up. I appreciate that. Of course, it's not on the draw. It's not on the drawing now, but you're you're you're still going to do that. Absolutely. Okay. Okay. Thank you very much. No problem. All right. Thank you. Anyone else wish to speak on this agenda item? Uh hearing none, I'll entertain a motion to close the public hearing. So moved. Recker. Second. Do not. All those in favor of closing the public hearing signify by saying I. I. I.

Any opposed? Motion carries. Um at this point, we'll entertain a motion on the agenda item. This is Poe. Um, I agree with staff that the the request by Troy Morris for a site plan amendment to allow for a restaurant, ice cream shop, and sign shop in a former funeral home in the S1 shopping center district located at 3146 Kimell Avenue be approved with no um or subject subject to the the request is in conformance with the comprehensive plan and future land use map for this area. Uh, is that the one that's no outside storage?

Oh, subject to that. There is no outside storage on the on the land. Sorry about that. There we go. All right. There's a motion. Second, Shelberg. All right. Uh, there's a motion, a second. Any discussion? All those in favor of approving the agenda item signify by saying I. I. I. So move.

Any opposed? Motion carries. All right. The time is 4:35 p.m. and a hearing is scheduled at this time for a request by XL Electric LLC for a site plan amendment for the construction of a 5,000t building in the BP Business Park District located south of 3211 Titan Trail, pages 32 through 41. Uh, at this time we should re 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 October 2nd, 2025."

That would be wrong. I don't receive anything. Uhoh. Are you within 250 ft? No. So then you Well, yeah, I sort of am. I got a business there. So,

is it one of the light blues? I can't tell this but potentially I guess trader with staff the let's see if we have the according to the records we have there were four property owners uh within 250 ft and ATC RH Waterlue LLC, Deer Creek Development, H Heartland Vineyard, and Prairie Legacy Ventures.

Okay. Okay. Could we have a motion to receive and place this notice on file? So move, Brooker. All right. Second, Bo. Okay. All those in favor uh signify by saying I. I all opposed. Any opposed? I'm abstaining from this issue because I have a I have to talk about it. So, okay. This is a this is a

we're going to go ahead and zero and wait abstain. Okay. All right. We'll go with the staff report. Should be 601. There's seven of us here. one on I haven't heard anyone saying she's up there. Is that Sher? That's Kristen. Okay.

Okay. Uh this is Galman with staff as stated. Uh the applicant is requesting a site plan amendment to allow for a 50 foot by 100 foot 5,000 square foot building uh for the electrical contractor's building. The request would not appear to have a negative impact on the surrounding area. The proposed site plan amendment would not appear to have a negative impact on vehicular or pedestrian traffic conditions in the area. The site is located along Titan Trail, which is classified as a local street. Sidewalks are required to be built along the southeasterly side of Titan Trail. There is a trail at the rear of the property along Sergeant Road, US Highway 63. The property in question is zoned BP Business Park District since it was reszoned from M2P in March of 2008. Surrounding land uses and their zoning designations are as follows. To the north is vacant land in a church zoned BP business park district. To the south is Sergeant Road in a commercial building zoned BP Business Park. To the east is Sergeant Road in a trail zoned A1 Agricultural District. to the west is vacant land zone BP business park district business park um a drainage plan will be needed before the building permit can be issued the surrounding area consists of vacant land and commercial building at church and Sergeant Road the commercial building Hawkeye Stages was built in 2016 and the commercial bu the church building was built in 2008 the majority of the property in question is located within a special flood hazard area zone AE 100year flood plane as indicated by the Federal Insurance Administration's flood insurance rate map community number 190025 and panel number 0284G dated May 8, 2024. The area must be filled so that the building is above the minimum flood protection.

The future land use map designates this area as business park. The proposed site plan amendment would be in conformance with the comprehensive plan and future land use map for this area. The applicant is requesting to build a 50tx 100 foot 5,000 ft building. The building will be used to store their work vehicles and materials for the electrical con electrical contractor business. The site plan states that there will be 10 parking spaces. This will be enough to meet the parking requirements as only six spaces are required by the Odin ordinance. The building will have a sideyard sideyard setback of 10 ft. The parking lot in front of the building will be set back from the sidewalk and will be 50 feet deep. The building will be approximately 18 ft tall. Sidewalks are required to be built along the southeasterly side of Titan Trail and the sidewalk is shown on their site plan. In the technical review committee meeting, the engineering department noted that they will need sight plans and drainage plans. Waterworks noted that there's a 25 ft easement for a water man along the back of the property which will restrict what the area can be used for. In an email after that staff report was sent out, the applicant did uh provide us with uh exterior of the buildings. He stated that the plans for the building exterior will be a charcoal gray metal for the roof. East, north, and south exterior walls of the building will be a royal blue metal finish with a light gray Wayne's coat. The west side facing Titan Trail will be a royal blue with a grayish staggered stone uh in place of the Wayne's coat. Windows and back door and doors will be black. Doors will have windows in them as well as six uh 4 foot by 3ft sliding windows placed on the building. and he did provide us an updated building elevations which we did hand out uh prior to the meeting being

started. Therefore, staff recommends that the request by Excel Electric LLC for a site plan amendment for the construction of a 5,000qt building in the BP Business Park District located south of 3211 Titan Trail be approved for the following reasons. One, the request is in conformance with the comprehensive plan and future land use map for this area. Two, the request would not appear to have a negative impact on the surrounding area. And with the following conditions, that the final site plan meet all applicable city codes, regulations, etc., not including but not limited to parking, landscaping, screening, drainage, etc. and two that the additional aesthetically pleasing design elements are added to the building to keep the building in character with other buildings in the area such as masonary block EFS systems on the building walls facing Titan Trail and Highway 63.

Thank you. Are there any questions for staff? Yes. So on page 35 um the two clauses that discussed concerns those have been resolved right the uh the 25 foot easement for water man along the back of the property which will restrict uses um questions about that have been resolved and also the aesthetically uh the aesthetically pleasing clause things regarding that has been resolved then according to what you'd said in the staff report in the email coming after

the trader with staff the um water mane easement wasn't anything that needed to be resolved it was just a note that they provided that there is an easement that will impact what can go in that 25 ft um I'm not sure what the other one you're referring to is it's at the bottom of the page 35 the it talks about the additional aesthetically pleasing right yes that was addressed by the updated um plan that was provided. Thank you. Okay. Any other questions from the commission?

Well, I have a question but I'm recusing myself from this particular conversation because I own a building on um Greyhound and and Ridgeway. Okay. I built it 15 years ago and when I built it, I had to sign a development agreement uh with the city that basically said um had to be masonry, had to be couldn't be metal. Uh you know, the whole the whole nine yards. I'm not the only one out there that got restricted by that. I mean, we have a post office across the street. We have medical buildings. and all of a sudden 10 or 15 years later the place is being flooded by metal buildings and I don't much appreciate that because it devalues what I built 15 years ago. So, my question is, how did how did I how was I forced into buying or or signing an agreement for no metal buildings and all of a sudden you you you know, you've got that that truck wash that's there. You built a gas station down the way. You got two other medical uh uh metal buildings across the street from where Warren Transport, but the building I don't I don't I don't understand the development here and I and I you know quite frankly I'm disappointed. So I don't you know I tried to find the development agreement before I came because I just read this this afternoon uh truthfully full transparent but I have it. I'm going to find it. This is Shrader with staff. I believe uh Mr. Anderson is online and might be able to elaborate a little bit more, but I will just kind of go into a little bit of detail in in that this area was developed over time with multiple different subdivisions. I think eight different subdivisions

um different additions and each subdivision has its own set of deed restrictions and covenants that apply different uh design standards. I I think the intent was a mixed development with more medical professional office type development at the north end and then more industrial type on the south end. I believe, but I wasn't really part of that. But I know that there are multiple different subdivisions with different deed restrictions that address um design requirements.

I see null on Zoom.

Yeah. No Anderson, community planning development director, if you can hear me. um you know this is over a 100 acres of land that was uh developed over here and uh it's all zoned BP business park or there actually is still some that is zoned uh heavy industrial M2P. So, the the plan was always to have kind of a mixture of uh professional offices up near the the Ridgeway end as much as possible. Um, and then kind of transitioning down to more retail at the uh Highway 63, Highway 20 area or industrial um again being in a highway to highway interchange. As as Eric noted, there's eight different plats out here. Green Belt Cent's plat number one through eight. And the city of Waterlue did not plat any of the land ourselves. So, we didn't actually write up the uh the restrictive covenants, the deeds, the dedication that would have been done by the developer uh Harold Young Blood and uh they had different uh design requirements up on Ridgeway um again being the end of it for office type uses and then they had different sets of criteria to get uh into more of the industrial type uh design work um down along the Highway 63 area. So, it's it's not uncommon to see different design criterias on different roadways in a larger development area like this.

Thank you. So, there there you have it. Um, different developers with different guidelines on there. I do like that we have the the the guidelines in this particular agenda item where it says they have to have some some design elements in there that will help it fall in line. So, it's not comp a complete random mix of things, but it is what it is, I guess. Um, are there any other questions from the commission? Is there anybody in the ch council chambers that would like to speak on this agenda item? Uh,

is the applicant here? Come on up. State your name and address. So, my name is Harris Mumich and my address 1142 Columbus Drive. All right. And you're just building a cool shop.

Yeah. So, you know, ideally want to move out of Right now, we're just renting a really small garage. Um, hoping to keep expanding. Ideally, I'd like something to call my own. So, this was kind of it worked out well where, you know, we could have a pretty fairly large building that we could grow into over the next several years. So, all right. Is there anyone on the commission with a question for the applicant? I I think you're uh you can go sit down then. Thanks for coming out. Yep. Thank you.

Hear hearing no one else on here. Uh I think we can entertain a motion to close the public hearing. So move Rucker second. Okay, we got a motion, a second. All those in favor of closing the public hearing signify by saying I. I. I. Any opposed? Yep. Um, I will uh entertain a motion on this agenda item.

Oh, you got it on the computer. I never made motion. You could do it.

Okay. Okay, this is Rucker. Um, so I make a motion to approve the request by XL Electric LLC for site plan amendment for the construction of a 5,000 square ft building in the BP Business Park District located south of 3211 Titan Trail be approved with the following conditions. That the final site plan meets all applicable city codes, regulations, etc. including but not limited to parking, landscaping, screening, drainage, etc. And then do I do two even though it's been addressed? Okay. And that additional aesthetically pleasing design elements are added to the building to keep the building in character with other buildings in the area such as masonry block or EFS systems on the building walls that face Titan Trail and Highway 63.

We got a motion. Is there a second? Second. B Schaefer with a second. Okay, we'll give that one to Schaefer. Um, any discussion? All those in favor of approving the agenda item signify by saying I. I. I. Any opposed? Uh, and there's one abstension. Uh, that motion will carry. Uh, next up, good job, by the way, on that. Uh, fine.

Next up, we've got a request by CMBA architects on behalf of Hawkeye Community College for a special permit for the construction of an 8,000 ft building for the sustainable construction program in the A1 Agricultural District located at 6315 Hammond Avenue. this door off with staff. The applicant's requesting to build an 8,000 square foot sustainable construction building at 6315 Hammond Avenue in addition to the existing classroom on the site and requesting variances to allow for a 35 ft front yard setback and 10 foot um sideyard setback. The property question on day one agricultural district zon adoption of zoning ordinance in 1969. Surrounding land uses under zoning are as follows. To the north, agricultural zone day one agricultural district. To the south, Hawkeye Community um Hawkeye Community College Regional Transportation Training Center. Zone A1 agricultural district to the east and to the west is agricultural zone A1 agricultural district. The area consists of agricultural uses to the north, south, to the north, west, and east, and the Hawkeye Community College Regional Transportation Center to the south, which opened in 20ou 2012 and expanded in 2024. Um, the zoning ordinance requires that an educational facility obtain a special permit issued by the board of adjustment after recommendation from the planning and zoning commission. This is due in the d to its ability to be developed in many zoning classifications as well as impact such as development can have on other public infrastructure such as traffic, sewer, etc. The applicants are requesting a special permit construct an 8,000 ft building to support the school's sustainable construction program. The board of adjustment previously approved a special permit for a 2,450 ft classroom and office space on January 24th, 2017.

Um but the buildings will be separated by a the parking lot. The parking requirements for the college for college education buildings as per 10-25-2D-26 of the zoning ordinance requires one parking space for every person regularly employed on the premises and one parking space for each two students of maximum occupancy. As per section of the zoning yards requires parking to be graded, surfaced and properly drained. Um the floor plan for the um the floor plan of the first building shows spaces for 24 students and one space for a teacher which required um 13 spaces, the same number being proposed. The new site um shows 20 additional park spaces being created. The existing barn on the site will be demolished for the new building. Variance will be required by the board of adjustment for a 35 front yard setback and a 10 foot sideyard setback. During tech review, engineering know they'll need a drainage plan which the applicant states is currently being worked on by civil engineer and will be required to be turned in before the building while it's going through by the building permit process. fire department noted that um exactly how the building is set up would um how it deal with current fire codes. However, um the applicant has indicated that the building will be sprinkled which will meet the fire code. So all the issues from tech review have been resolved. Therefore, staff recommends a request by CMBA architects on behalf of Hawkeye Community College for a special permit for construction of an 8,000 square foot building for sustainable construction program in the A1 agricultural district located at 635 Hammond Avenue be approved for the following reasons. The request would not

be inform would the the request would be informance with the future um land use map and comprehensive plan. The request would not appear to have a negative impact on surrounding area. Their quest would not appear to have a negative impact on pedestrian regular traffic conditions in the area with the following condition that the final site plan meets all applicable city codes regulations etc including but not limited to parking, landscaping, screening, drainage, etc. except is but approved by the board of adjustment. Thank you. Are there any questions for staff? Is somebody on behalf of the applicant here? Go ahead and state your name, address, please.

Alex Bower, 414 South Street. I am uh representing the civil side under Robinson Engineering. Uh CNBA could not make it today. All right. Um just another building for further education, right? That's correct. Uh they have outgrown the space that they've got. they need um you know this location fits the bill quite well for them just due to the nature of what they do rather than immediately on campus. So understandable. Uh are there any questions from commissioners for the applicant?

Okay. Um we know where to find you. Um, if there aren't any other questions, I could probably entertain a motion here on this agenda item. Just close the hearing. This was the hearing, wasn't it?

It's not technically a hearing, but yeah, it's not a public hearing that we can't. Uh, so moved. Show second. Po. All right. Uh there's a motion, a second. Any discussion? Uh hearing none. All those in favor of approving the agenda item signify by saying I. I. I. Any opposed? Uh that motion will carry. Uh next up we will move on to I'm not used to doing this in a digital so pardon. Hang with me here. 166 pages.

The request by the Cedarben Humane Society. Okay. Uh we have a request by the Cedarben Humane Society for a special permit for an expanded Humane Society operations at the former Camp Run Aut Camp Runamat property in the M2P planned industrial district located at 3225 Airport Boulevard.

Mrs. Tamala with staff. Applicant is requesting the approval of a special permit for expanded Humane Society operation at the former Camp Runma facility at 3225 Airport Boulevard. 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 traffic conditions in the area. The lot in question is zoned M2P plan industrial district and has been zoned as such since March 13th, 1995. surrounding land use and their zoning are as follows. Northeast, south, and west. It's uh M2P plan industrial district. The Jason surrounding properties were developed as early as the mid 1990s through the 2010s and 2020s. Um, no portion of the line in question is located within a special flood hazard area. There is a 12-in waterman running through the property in question and along Airport Boulevard. And there is a 30-foot easement on the east property line and a 10- foot and a 10- foot easement on the west property line. Future land use map designates this area as industrial. The request is in conformance with the future land use map. Cedarb Humane Society is requesting a special permit because it is a nonprofit organization of a philanthropic or educational nature which is allowed in many zoning districts with special permit approval. Uh like I said, the request is not appeared to have a negative impact on the surrounding neighborhood or land use as a form of business on the property in question was a dog daycare which is similar to the intended use as an animal shelter and clinic. The request does not appear to have negative impact in pedestri conditions as the previous business was similar in use and there's no anticipation for increase in traffic or congestion. Therefore, staff recommends that the request by Cedarburn Humane Society for a special permit for expanded Humane Society operations at the former Camp Renoma property in the M2P Plan Industrial District located at 3225 Airport Boulevard be approved for the following reasons. The request would not protect negative impact on the surrounding area. The request would not protect negative impact on the pedestrian or traffic conditions in the

area. All right. Thank you. Are there any questions for staff? I I have one. I just I mean just out of curiosity. Um when they say expansion are they is it for outside additional animal taken or they what are they thinking straighter with staff they mean expansion from their existing location on airline highway to expand into this site. So they're not proposing this site to do any additions or outside expansion so they're just going to move in as is.

Yeah, that's yes my understanding. Okay. Um, is there somebody on behalf of the applicant or the applicant here? Come on up. State your name and address. Christy Gardner. Um, address the shelter 1166 West Airline Highway. I'm the executive director of the Humane Society. Um, yeah, basically we just bought the building because it is already set up for animals. It's kind of turnkey for us and as a humane society and our program growth, it's literally three minutes down the road from us. So, it was a really good opportunity for us to be able to use that building just to kind of expand the programs and that we already offer.

Um, actually, since you are up here and it it's always good to alleviate concerns, uh, will there be any increase of any animals outside or anything like that? No, I mean there is outside space. You know, people, you know, will probably walk dogs in and out, that type of thing, but our intentions is basically to use the inside of the building. Very very good. Yeah. It's it's something that uh some people if you if you don't state that then they go, "Oh, what's going on here?" So, it's better to just get ahead of it, right?

Yeah. And there's already outside fenced in areas that we'll use, but I mean it they used them for their doggy daycare, you know, so it's not going to increase or change really what they used it for. So, to be quite honest with you, it may not be as many dogs at one time. Um because they had a daycare where they had I think they could have up to 70 dogs at one time there. So, we we probably won't have quite that many at one time, but All right. Very good. Uh, any other questions from the commission or No, it just seems to me like the same the same ideal use, just a different party doing the use. Yeah, we primarily

and and we'll still operate where we're at obviously, but you know, with a shelter, you know, we continue to grow. Um, and we have a lot of outreach activities that we do, educational um activities, dog training classes, all of that. So, this building will be actually pretty useful for those types of things. So, um, which will involve the community a little bit more than just us. I mean, we're not going to house stray dogs there. We do that at the other centers. So, all right. Thank you. Thank you. Thank you.

Is there anybody else in the council chambers that would like to speak on this agenda item? Anybody on Zoom? Uh, nope. Uh at this point then uh no questions or uh statements. I'll entertain a motion on the agenda item. This is Schelberg. I'll make a motion to approve the recommendation that the request by the Cedarbend Humane Society for a special permit for expanded Humane Society operations at the former Camp Reneut property in the M2P Plustrial District located at 3225 Airport Boulevard with no conditions. Second. Do not.

There's a motion and a second. Any discussion? I I I have one. I'm I'm uh I need a little clarification. Explain to me why we have to do this if they're doing the exact same thing. I mean, it's it they're doing the same thing the building was zoned for. I mean, I don't That's a pretty valid question, actually. I mean, I don't know what we're approving. We're not They're not changing use. This is Shrader with staff. Find where it was talked about. I think it said it was because they were a nonprofit. Yeah. Yeah. I was trying to find the exact wording in the ordinance. Every nonprofit had to go through the special permit process. Oh, okay. Nonprofit

passed and answered. Nonprofit uses of a educational or philanthropic nature require special permit approval because they're allowed in more or less any zoning district. So even though it's effectively the same use, the previous use was just a private commercial business. So I mean I don't know. I sit on the airport board and they were sad to see the old place closed down. So this is the board members are happy at the airport, too. Good. So um in addition, I just want to give a huge shout out to the Humane Society. Um, I adopted my cat there and today was her 15th birthday. So,

um, hearing no further discussion, all those in favor of approving the agenda item signify by saying I. I. Any opposed?

Motion carries. Next up, we've got a request by Jodie Ryerson Physical Therapy for a special permit to allow for a home occupation in an accessory structure in the R21 and two family residence district located at 3027 Cedar Terrace Drive. This is Tamala with staff request. Uh the applicant is requesting the approval of a special permit to allow for home occupation uh from an accessory structure. The request would not appear to ne negative impact on the surrounding neighborhood or land use as directly to the south of the property in question is zone M1 light industrial district. The request would not appear to have a negative impact on pedestrian traffic conditions in the area as a proposed physical therapy practice would serve one client at a time. Um, the lot in question is zoned R2102 family residence district and has been zoned as such since ordinance number 3231 when it was reszoned from U1 unclassified and August 26, 1982 surrounding land use and their zonings as follows. Um, to the north and east, residences zoned R21 and2 family. Um, to the south industrial development zone M1 light industrial district. to the west residences zoned R21 and one and two family and industrial development zone M2P plan industrial district. The adjacent surrounding properties were primarily developed during the mid 20th century and some later during the late uh 2010s. There is an 8 in water man and overhead electric running along Cedar Terrace Drive. The future land use map designates this area as low density residential. The request is not in conformance with the future land use map as the property is primarily uh used as a residence which allows for a home occupation. Uh Jody Ryerson physical therapy is requesting a special permit to allow for

home occupation to operate a a low impact physical therapy practice from an accessory structure. The detach accessory structure that would be built for this practice will be 30 foot x 50t 1500 ft² with only 15t x 20 foot 300 ft ofset detach structure to be used for the physical therapy practice and the remaining uh 1,200 ft will be used as garage and private space. This would comply with the ordinance which states that no more than three4s of the allowed detachy structure can be used for home occupation as the maximum permitted square footage for home occupation within an accessory structure on the property in question would be 1,350 square ft. The detach structure seen on the on the aerial the detach accessory structures seen on the aerial map have been demolished and no longer exist. The applicant plans to build a 30 foot by 50 foot detach accessory structure for home occupation as stated above. The request does not appear to have a negative impact on the surrounding land on the neighboring land use as industrial uses to the south as there are industrial uses to the south. Um and since they are serving one client at a time um impact negative impact on pedestrian or traffic conditions area should be uh minimal. Um, fire noted that there could be potential access issues. Therefore, staff recommends that the request by Jod Ryson physical therapy for a special permit to allow for a home occupation in an accessory structure in the R212 family residence district located at 3027 Cedar Terrace Drive be approved for the following reasons. The request would not appear to have a negative impact on the surrounding area. The request would not appear to have a negative impact on pedestrian or traffic conditions in the area. Only 300 square feet of a 1500 square foot detach accessory structure would be used for a home occupation. Thank you.

Okay. Thank you. Um any questions for staff from the commission? Uh Commissioner here. I got a question. So this is going to be used for commercial development or commercial use at least part of it. Does that mean that there needs to be a hard surface parking area? trader with staff the even though there will be a commercial component to it as it will still primarily be a residential property and the commercial component would fall under the home occupation regulations. No, they are not required to do the hard surface.

Okay, that's per zoning. um building could potentially require a um single ADA stall that would have to be paved. That would I'm not sure if that's would be a requirement, but that would be separate per building code. And this is a physical therapy is the nature of the business. Okay. Um well, hey, you're the applicant, I'm guessing. And so why don't you come on up and state your name and address.

I'm Jody Ryerson Ma. Um we live currently at 426 Ivanho Road in Waterlue, but own the property that we are building the shed on in the commercial portion. All right. So, uh I think I think you can kind of tell where I'm getting into here. So, yeah, if you're doing physical therapy, you might have some folks that maybe have a little bit of trouble. And they've already told us that we need an ADA accessible bathroom. We plan on putting an approach out in front anyway. All right. All right. Um, are there any other questions from the commission for the applicant? So, you're already planning on a parking spot as well. We were just talking about parking.

Yes, we'll have an approach out in front of the building. Um, and one specifically for the physical therapy practice. I only see one client at a time, so that's all I need. and access to be able to get in and out of the building in the bathroom. It's going to be all one level and um the doors will be wide enough and meet the codes. All right. Are are you currently practicing? I am. Is that I practice in Cedar Falls and then also work for Taylor Physical Therapy in Denver. Okay. Just want to work closer from home, I assume. That would be great by my garden.

Okay. Any other questions? All right. Thank you. Uh, you can sit down. Uh, would you like to come and speak on the agenda item? Please state your name and address. My name is Cindy Huffman. I live at 184 Bell Street. I apologize because I been on vacation and just got this when I got home. Um, I guess she mentioned that you lived at 426 Ivanho. Now, who currently lives in the house that's on that property?

My my daughter, your family, they're in the process of moving and then the house will be taken down. We're going to go home. Okay. Well, because one of my concerns is the property is already neglected with voluntary trees. Um along Cedar Terrace there, the dishes are quite deep. So, um a few of those houses along there do not take care of their yards. That's one of them. Um my other concern is is um I realize that there's some businesses prior like before the railroad tracks. This is talked about being a putting a business in the center of the residential neighborhood. Um, I guess I'm concerned with um increased crime because of constant flow, whether she has one or two patients at a time, that's still bringing safety concerns to the neighborhood. Um, commercial signage might take away from the visual appeal. Um, you know, more traffic, more noise, um, changes to the residential area because I don't know if you guys have been out in Cedar Terrace, there's houses that surround that whole thing. So, this long property that you drive into, um, all these backyards are deep that meet up to it. So, to me, if we want to preserve the neighborhood, keep it calm and peaceful, this is a little bit of a concern for me. Um, just cuz I've been there since 98. And uh like I said, you might have um the sign place prior to that um that's been there for years, but like talking in our residential neighborhood, there's no commercial stuff right around there. Um I'm concerned about, you know, difficult resale value of my home. Um it may become less desirable because of this being in the neighborhood. Um let's see. Um, parking again. I know you said maybe concrete somewhere, but um, I don't know. I guess it's just one of my

concerns. Um, I don't know. I guess I just want you guys to put yourself in my shoes. If you're in a residential neighborhood, do you want a commercial business right in the center of it? Um, it's just my property value is quite high and I'm very concerned about that being relatively close to it. Um, I guess if you have current business practices already, why not keep it there? Otherwise, as you first enter the neighborhood, there is that business that has been sitting there vacant for sale. Why not have it down there and keep it with the other businesses rather than bringing more commercial stuff further down the road to us? So, um, and then on here it looks like it says two offices. I I I can't read this paper quite well. I mean, I'm just like I don't look I don't do very good at looking at um

What are you looking at here? The the map here. So, two offices. If it's just her, what's the other office for?

He's not doing anything. My practice is going to be one room. That's the extent that I don't intend to put up, you know, like a big commercial sign. Right now, I'm in another practice. I'm working within a chiropractic office. Um, I'm paying $800 a month just for a small space. Um, I want to be close to home because my practice is not a heavy practice. I work two days a week in it. Well, I'm just concerned because the the the property has already been neglected and it's been there for a long time. I'm paying 870 a month in property taxes.

So, you you understand my concern because my property value is so high. Putting this in this area will definitely um deter somebody from probably wanting to buy my house someday. And, you know, like I said, for paying 870 a month and to have something like this there, I don't think it's acceptable. to get that property. Call time.

Yeah. Because there's there's a lot of voluntary trees and weeds and stuff that haven't been addressed. And we when you're talking that little narrow part there and the overgrowth in the ditches, I mean, that could be a Okay, we we've got a time limit on these of five minutes. Thank you. Thanks for listening.

Um, and I did look through this agenda packet and I noticed quite a bit of overgrowth, but then I screened them and it looks like you're um you're planning on going on the right direction here and and as commissioners, we all of us live in this city, right? So a lot of times when we see something like this we ask is that something that we would want to live and we individually decide that on our own. We don't sit here and collude right and I'll tell you right now if someone said hey we're going to open up a a physical therapy office next door. I go more power to you. So um with that is there anyone else that would like to speak on this agenda item? Please note there's a fivem minute time limit.

Mr. here. Yes, sir. Dave Bowman, did the applicant say they were tearing that house down? Yes. And building a replace and building a replacement. Correct. Yes, we're going to build uh Come on up to the podium, please. So, uh Councilman can hear you. We are planning on building a new home next spring um which will be a um 30 by 50 home that's one story and um it will be our residence at that point.

Thank you. And and my and my my next question is for staff and and I brought this up at board of adjustment and it's the same staff but I'm going to ask the same question again. When staff goes out and takes photographs for this PNZ agenda and they notice multiple code enforcement violations, I can count six of them just from the pictures and I'm sure there's more. Is that information relayed to Maria or to the code code enforcement uh office or do we just ignore it?

This is Shrader with staff. Um if null's on, he might have some additional um comments on this one. But I think generally speaking, if when we do site inspections, if we uh identify some issues, we'll usually um discuss those directly with the applicant um and depending on the situation may get code enforcement involved.

So I take it in this particular one, we didn't get code enforcement. Did you discuss the condition of this property with the applicant? I mean, you got vehicles parked in there, you got trailers parked in there, you got overgrown everything in there. And I understand that that neighbor's concern just based on the photographs that we saw.

This is Tamala with um staff. Um I did reach out to the applicant and I did leave a voicemail, so hopefully that did go through. Um just regarding the it's been a neglected property and um whatever that can be done in the meantime up until this meeting if whatever could be tidied up a little or whatnot um can be taken care of. But like the applicant said, we were aware that um they recently purchased this property and um they did have those two accessory structures also um taken down. So there in my previous conversation I did talk with the applicant. There was work being done but in regards to that specific conversation about the multiple code violations it was relayed to them uh in voicemail but there was no further discussions. Thank you. Uh any further question statements on this? Is that does that answer your questions councilman? Well, to a point it answers my question. When you leave a voicemail and then there's no followup, then it wasn't addressed in my opinion. But that's just that's just how I feel about it because I'm I'm a strong, you know, advocate for code enforcement and dealing with these issues because a lot of the complaints council gets are code enforcement issues and the beautifification of our city. We are we are in the process of making good changes out there. And you know, when you have two properties, we both work full-time. I work at two different jobs. My daughter and her family has been living out there. They are also renovating a property to move away from the property that we're building on. Um over the last couple of years, we've been making progress. Um but it takes time, you know, to get all that done.

And when we're out there full-time, it's not going to be the way it is currently. Mr. Shrader with staff and I would just note even if we don't as staff directly discuss a site um with code enforcement, code enforcement does receive the packets. Um but generally we're going to try and work with applicants and get them to address it as much as we can that way. So in some aspect this is do not in some aspect both planning and code enforcement work together when they need to.

Yes absolutely a lot of different departments in the city work together all the time. Commissioner Lico. Um, from the viewpoint of this commission, you came here, you're following the rules, you're doing the right steps, and you're on the right trajectory. So, I I wouldn't take offense to it. I I don't want to be a government that does things like, "Aha, I got you. We're here to serve the community, not make their lives a nightmare." But yeah, uh, overgrowth ain't cool. So, um, any any other statements?

Last question from Commissioner Shelberg. Um, something feels a little backwards this to me, like how was the code originally written? Um, as far as a business operating out of a home because this seems a little backwards that we're building the business first in a residential neighborhood and then building a home. I know there's a home there now, but

yeah, the trader with staff. They would not be able to build a business without the home. So, the fact that there is an existing home is what would make this work. And then I would just note, I'm not saying this is not a commercial business because it is, but it's a homebased business. And the zoning ordinance has provisions for homebased business. And when they're operated out of the home itself, the dwelling, um, there isn't even this special permit approval process. I don't remember exactly what year it was, but quite a few years ago, um, the ordinance was amended. And prior to that, um, home occupations were not allowed, period, out of accessory buildings. Um, but that ordinance was changed to provide a provision allowing for them with several additional restrictions to the already pretty extensive restrictions that go for a home occupation, including requiring the special permit approval process to ensure that, you know, from a size standpoint that it's still accessory and incidental to the residential property. All right, I think that's it. Um, hearing no other comments on this agenda item, I will entertain a motion on it. Can I I'll make a motion, but can I add a condition or maybe recommendation to council or future code enforcement that in a number of years this is um I don't know how often code enforcement looks at properties um to make sure they're being up to I'm sure that owning a business in this area you wouldn't want it to be overgrown either. Um can I add a condition to that that code enforcement looks at this at some set amount of time?

Sure. I believe that is within the scope of this commission. Okay. Uh I'll make a request that the um or sorry I will I would like to make a motion to approve the request by Jody Ryerson physical therapy for a special permit to allow for home occupation in an accessory structure in the R2 one and two family residence district located at 3027 Cedar Terrace Drive with no well with one condition uh that uh one year from now it is uh reviewed by code enforcement. um that is in the process of being cleaned up. Second. Do not There's a motion and a second. Any discussion?

Can I just add that I do support your one-year condition? Yep. Okay. Any further discussion? All those in favor signify by saying I. I. I.

Any opposed? Motion carries. Moving right along here, we've got a request by Living Hope Baptist Church for a special permit to allow for the construction of a 32x 48 accessory structure in the BP Business Park District located at 827 Fiser Drive. This is Gman with staff. As stated, the applicant is requesting a special permit to allow for the construction of an accessory structure to store church vehicles and equipment in. The request uh to allow for the construction of a new accessory structure does not appear to have a negative impact on the surrounding area. The proposed special permit would not appear to have a negative impact upon vehicular or pedestrian traffic conditions in the area. The site is located off of Fiser Drive, which is a local road. There is a recreational trail along Fiser Drive. The property in question has been zoned BP Business Park District since it was reszoned from A1 agricultural district in February of 2004. Surrounding land uses and their zoning designations are as follows. To the north is commercial development zone BP business park district, CP planned commercial district and R4RP planned residence district. To the south is Highway 20 in the future South Waterlue Business Park. To the east is vacant land zone BP Business Park District. To the west is Quickstar zone owned BP Business Park District. The building at 827 Fiser Drive was built in 2008. It was originally occupied by Gringanger and is now owned by the Living Hope Baptist Church. The gas station was built in 2017. The other commercial development in the area were built between 2008 and 2020. Landscaping is not required for this request, but screening could be required

as a condition of approval. A drainage plan is not required for this request. The future land use map designates this area as business park. This request would be in conformance with the comprehensive plan and future land use map for this area as religious facilities are allowed by special permit. The applicant is requesting a special permit to allow for the construction of an accessory structure for the church. The accessory structure uh the church is proposing to build is going to be 32 feet x 48 ft 1536 ft. Staff is concerned that uh the proposed design is not fitting with the existing church building or other area uses. The property is in the Highway 20 corridor overlay district. There are currently 343 parking spaces. The proposed structure would remove some parking spaces, but there will still be more uh than the minimum required for the use of this site. The proposed height plan shows the building to be 12 feet from the side a lot line and 12 feet from the rear. Normally in the highway 20 overlay district, buildings are uh required to be set back 50 ft from the property line abudding highway 20. However, when the principal structure on the lot was originally approved through a site plan amendment in 2008, the building was allowed to be set back 12 ft since the proposed structure will not be closer to the property line than the existing building. The location of the proposed structure would be okay. The design of the proposed structure is a concern for the staff. Since the property is in the Highway 20 corridor overlay district, additional requirements are set to help the city of Waterl look nicer uh to people traveling along Highway 20. It is important that the design of the proposed building be compatible with the existing development on the lot and fit

in the other area with the other area uses. Staff have determined that the current design of the proposed building is not compatible with the primary building on the lot. For instance, when Quick Trip Inc. built a 20ft x 22 ft garage in the car wash site at 950 Tower Park Drive. It was constructed with vinyl siding but of a color to match the coloring of the material of the main building and roofing to match the main building. And the technical review committee, the building department commented that they will need stamped plans for the foundation. Therefore, staff recommends that the request by Living Hope Baptist Church for a special permit to allow for the construction of a 32 foot x 48 foot accessory structure in the BP Business Park District located at 827 Fiser Drive be approved for the following reasons. One, there does not appear to be a negative impact on the surrounding area. to the rear setback matches the setback of the existing building and with the following conditions. That the building materials used be changed to be compatible with the existing building on the lot. Two, that this final site plan meets all applicable city codes, regulations, etc., including but not limited to parking, landscaping, screening, drainage, etc. However, if the building materials used are not changed, then staff would recommend that the request be denied for the following reasons. the building design is not compatible with the existing development. We did uh forward you an email with an updated building elevation plans that you should have received earlier today.

So everything's been resolved. I'm going to pull that up right now. Sorry. Get ahead. This is Shelberg. Commissioner Schoberg, uh question for staff. Those those additional elevations that we received today in email, were they in conformance with the building? I I believe they're called out to be ephus if I if I remember right. I think it said stucco, I think. But um yeah, same difference. Same.

Okay. Notes muted red metal roof. Um the muted red is intended to match the red color on the existing building. It's um has some red and then mostly a um more of a beige type color. Um and then yeah, the others noted the stucco for the rest. Thank you.

More more or less matches the building then the main structure. Was there a comment on the color of the stucco or not? So assuming the color of the stucco would somewhat reasonably match the color of the main building, I would say that see let's see if the applicant is here. Is there someone here? Come on up. State your name and address.

My name is Jean Swanson. I live at 1825 Eastn Avenue. I'm the uh deacon property facilities for the church. Uh yes, the the main walls of the church building are uh freestanding concrete slabs. So we we could do away with the metal sighting and do the stucco to match that concrete appearance. Okay. And the red roof, it's actually called burnt tomato. That would actually match the existing color that's on the building now. Yeah,

that's what I was thinking. Are there any other questions for the applicant? Well, have have the issues or the concerns uh this is do not have the issues and the concerns outlined within the staff report been um addressed with staff because it just seems like a lot of this just seems to be need to be continued conversation to address the concerns as was presented in the staff report. We make a motion with that condition, can't we? It's already there. It's already there, too. Oh, all right.

I think they This is Commissioner Shoberg. I think they added that condition um based on it being written prior to us receiving the revised elevation. So, I think it would be fine, but I think we still add that condition. Yeah, we're just looking at that. Any other questions for applicant or anything? Have the other issues been resolved? I thought there was like three or four. A lot of time at the technical review committee meeting, they provide comments. Okay.

And then you ask if an issue has been resolved, but you know, a comment isn't necessarily an issue that needs resolving. So, for instance, the comment that they'll need stamp plans, that that's a comment, not an issue. They'll have to provide those before they can get a building permit. I don't know if there was any other ones specifically. I think that's the only one I'm seeing. Okay.

The primary reason why we wanted to use the steel siding was BGM built a building with steel sighting and Quickstar built theirs with vinyl sighting. But if that's what it takes to make it compatible, we can do that. We can do the stucco. It's not I'm fine with it. Um Well, I I think you answered all of our questions. Thank you. Um, just one more question, but this is for staff. It's kind of the same question you had earlier. Since they're already a non nonprofit organization, why did they have to

is it another is it another property that they're adding this onto? Or it's not another property. So, this site has received special permit approval. So anytime you make changes to a special permit use, uh those changes either have to be deemed as minor changes which can be administratively review and reviewed and don't have to go back before the commission and board or major changes. Uh a a garage definitely is something that can be minor. Um, it's a pretty large garage, so we probably wouldn't have considered it

minor regardless, but we definitely didn't consider it minor since the initial proposal had a exterior design that we deemed incompatible. Okay. Thank you. I might add also around the perimeter of the building, we're going to put landscaping, shrubs, and that kind of thing. Yeah. Yeah.

For the Highway 20 corridor. Well, I was just reviewing the I was reviewing the packet on page 79. There's a couple places where it says the design of the proposed structure is a concern for staff and it it talks about the design of the structure and because of the comments from um Commissioner over here um Commissioner Schoberg um that those concerns as outlined in the packet have have already been now resolved because we that discussion earlier

shredder with staff. So the item I put on the screen up there is is the design as was originally proposed that we expressed concern with the um what was submitted today and and emailed to commission members. Um which the applicants are still noting they would prefer to keep the metal siding but are noting acceptance of this stucco uh if required. that staff would accept and recommend approval with those design changes, the red roof and the stucco of a color similar to the exterior of the existing building.

So, when we do have someone make a motion on this, make sure you specify which design. Okay. Um, no, no other questions, right? Comments? Nothing. Okay. Um, there's nobody out in the council chambers that wish to speak on this item other than the applicant. Is there anybody on Zoom that would like to speak on this item? Okay, I think we can entertain a motion.

This is Shelberg. Uh, I'll make a motion to approve the recommendation by Living Hope Baptist Church for a special permit to allow for the construction of a 32 foot x 48 foot accessory structure in the BP Business Park District located at 827 Fiser Drive with the following condition. That the building that the following two conditions that the building materials used be changed to compatible with the existing building on the lot. and two that the final site plan meets all applicable city codes regulations including but limited to parking, landscaping, screening, drainage, etc. Do we have a second?

I I will added I will add a note that um I think that this uh building will be more visible from Highway 20 than even their current building is. Um so I think it's pretty important to have it match um the aesthetic, make it look nice coming into Waterl. So that motion includes the proposed red roof and stucco. Correct. Okay. I don't think it was the last comment on however the building materials weren't used. Uh they denied it. I don't think I needed that because of the condition number one. But Stuckco is different than their main building. So you just color as long as the colors match. Ephus or Stuckco is fine. Yeah. You just now added the condition about Yep. same. Yep. Yeah. So I'll second the motion.

Okay. Do we have a motion and a second? Is there any discussion? Hearing none. All those in favor of approving the motion signify by saying I. I. I. I. Any opposed? Motion carries. Next. Thank you.

Yes. Thank you. Thank you for your patience. Next up, we've got a request by Kings Cathedrals and Chapels for a special permit to allow for a religious facility in a commercial building in the C2 Commercial District located at 3345 University Avenue. This door off with staff, the applicants requesting a special permit convert a commercial building into a religious facility within a portion of an existing building at 3345 University Avenue. The request could have a negative impact surrounding neighborhood which is composed of commercial uses and residential if a parking agreement has not been reached as the property in question does not have enough parking. The um building is located on University Front Avenue frontage road at the corner of Sher Avenue with both being classified as local streets with University Frontage Road connecting to University Avenue which is classified as a principal arts area. The area of the proposed um site is zone C2 commercial district zones of social doctrine zoning ordinance in 1969. Surrounding land uses under zoning as follows. To the north university avenue commercial zone C2 commercial district C2Z conditional zoning district. To the south is commercial and residential zone C2 commercial district and R2 and two family residence district. To the east is sheer avenue um University Avenue French Road University Avenue commercial zone and commercial zone C2 commercial district. To the west is vacant land and grey hill access ramps zone C2 commercial district. The surrounding commercial development was constructed between 1973 and 1997 and the residential development between 90 1955 and 1961. The applicants requesting a special permit order to operate a church within a commercial building located at 3345

University Avenue. Parking requirements for a religious facility is one parking space for each four persons of m maximum occupancy of the sanctuary, auditorium or may hall and it appear the property does not meet have an adequate number of parking spaces for the use. The application indicates that they'll be using 2400 square feet of the existing building which which at seven people per square foot would be a resultant occupancy of 343 people. This would require 85 parking spaces for which would need to be designated as handicap spaces. The actual number of parking spaces may be different but the architectual drawings on how the space will be used have not been submitted. Therefore, staff can only use the square footage provided by the applicant. The building currently has seven parking spaces. The University Furniture Road also offers on street parking. The property owner has indicated they will attempt to get a parking agreement with the owner of 935 Shar to use a portion of their parking during services. However, it should be noted that the property owner um at 935 share has recently been approved to split the property in order to redevelop the property and be able to um may be able to see additional building lots which could affect how many spaces they have available. Additionally, this does not include parking requirements for the existing contractor business located in the part of building not being used by the church. However, that business would generally not be operating during church services. The applicants would also need need to submit architectural drawings to the building department which um also was reiterated during tech review and both the building and fire department says they will need to um need an architectural review to determine occupancy which could affect the um actual final number of parking spaces

needed. Therefore, staff recommends that a request by King's Cathedral's Chapels for a special permit to allow for a religious facility in a commercial building in the C2 commercial district at located 3345 University Avenue be approved for the following reasons. The request will not appear to have a negative impact on pedestrian traffic conditions within the surrounding area with the following conditions. A parking agreement with the owner at 935 um shear is submitted and provided um for the use of of a minimum of 78 parking stalls. A sidewalk is installed along sheer avenue frontage and the final site plan meets all applicable city codes regulations including but alignment limited to parking landscaping screen etc setback etc. However, if the parking agreement is not submitted, which we have not received yet, um then staff would recommend the request be denied for defining reasons. The site does not meet the parking requirements. Thank you. Um I'll start off with a basic question here. Um what's the threshold for requiring a sprinkle sprinkler system in in a facility like this? And is it at at a point is it possible that this would cross that threshold and require fire sprinklers?

This is shredder with staff. Um I do not know the answer to that. That is part of the building code. Um but I do know that it it there is a threshold that um based on the occupancy rating and and size when a sprinkler is required that also can be impacted. um when you have another um abuing use a multi-use building unless there is a proper firewall separation between the units. So, uh, even if the, um, church assembly area was small enough that it did not require sprinkler system, being connected to the contractor business, uh, if it didn't have the firewall would kick both spaces into requiring sprinkler.

Okay. So, that's one of those, uh, don't want to be surprise aha things. That's why that's why we have these things. Um, are there any other questions for staff? Uh, my first one is like it seems like there's a lot of documents that we need for parking and for a floor plan um for us to really make a motion on approving or denying this request. This is Shreder with staff. So tableabling would be another option. We kind of were leaving it uh open to see if the applicant would provide more information by the meeting. So guess next we can see if there's an applicant representative here. And just like that is the applicant here. Please state your name and address.

I am not the owner of the property. Um actually I have some equipment in the big part of the building. Uh but my name is Doug Bonwell. Um 4315 Granite Ridge Road, Cedar Falls. So the seller has asked me to come and uh speak on their behalf. Um, this building has been vacant for pretty much for the last five years. I've uh done the snow maintenance for it and um they have not really been able to pay me. So, we've decided that I would still do the lawn maintenance and a little bit of the building maintenance and put my uh equipment in the other room. We've gotten to that point because there's a lot of things that uh need to be done there, but without tenants, they're not able to afford to do that. So, um just recently my wife and I, we went over there and I asked if we could put a four lease number in there so this owner could maybe get somebody in there. She's turned down a couple people, but we thought this u uh group of church people would be a good opportunity for her. So, what we're asking you guys is to maybe be a little bit lenient on what you are asking for this. Um, we have Mike's Steiner across the street that is now vacant. This property is vacant. Uh, we don't want to say welcome to Waterloo with the beautiful bridge that we have there. Uh, so we would like to improve on it or the owner would like to improve on it, but obviously she needs some cash flow coming in to do it. Um, she had told me that she had talked to Dallas and Eric Grouden who owned the property across the street and they have no problems with giving her an agreement to park there. So, parking is not a

concern. Um, we did have the fire marshall out there. Um, and somebody from planning and zoning came out there. Um, I'd never heard anything about the sprinkler systems. Um, the sidewalks on shear. I'm not sure is that something that you're going to require the seller to be or the owner to be responsible for or is that something the city puts on?

This is Shrader with staff. when sites uh redevelop and if a condition for sidewalk is included as part of that approval that would be the responsibility of either the owner or the tenant and that would be for the owner and the tenant to work out if it were required.

Okay. So the amount of just to let you know uh the amount of money coming into this property is not a huge sum maybe $2,500 a month. Um, I mean in retrospect here, but to put in a sidewalk along sheer where the slope is like this, you're also talking maybe I'm estimating $25,000 worth of landscaping, a wall that would have to be put up. There hasn't been one there before. And then you have the batting box or the owners to the south of us that would also have to put it in. are they willing to put to connect from their property to this property? Um, so you're what I'm saying is we're adding a lot of roadblocks here for a company trying to do what they want to do. And I understand code enforcement. I understand parking and all that. Um, so I guess I'm I'm kind of going in circles right now because I I'm not used to getting up here. But uh, any questions for me? So my concern would be about the fire safety and the sprinkler system and that being a necessity to have in place because it's about people's safety and who would be in there. So that would be my concern. Um, some of the other things, other people may have different opinions about uh being more lenient on about the parking or the sidewalk install and having somebody else do the sidewalk install, but my my first priority would be the architectural review and the sprinkler system and the fire safety issues.

The other thing on the architecture, her husband, uh, Lane Pilman is actually an architect uh, in Colorado and apparently we can't use them in Iowa. Is that correct? That would be correct. Okay. So, they're gonna have to spend a few thousand dollars to hire somebody here and they're willing to do it if we can see a a way to move move forward. And I will also add one more thing if I got a second. Uh I think

it's zoned for 3 um 40 people or something like that. The church has told us that there's only going to be about 40 people total. That room is not much bigger than this. And to put 300 and some people in there is kind of seems farfetched.

It's a straighter with staff. So it's not zoned for that. That's building code and occupancy. And that occupancy is based on square footage and then how the room is used. And it I so I'm not saying that like used as a church versus not a church. So this would be considered an assembly use. And the assembly uses are generally the most restrictive you know from what gets determined for occupancy. But then the next thing is that what that occupancy actually is uh is also dependent on the layout of the facility. like if you use fixed seating like pews in some churches versus non aixed seating like just regular chairs. Um we'll dict will we'll all dictate what that occupancy is and um although you know the planning commission will make a recommendation the board of adjustment would have the final say and the board of adjustment can grant a variance to the parking requirements. um that there has to be some consideration to, you know, even if they're indicating an intent in intent that they'll only have, you know, whatever I I don't remember what number you just said, but 30 or 50 people, but yet they're laying it out to where the occupancy per the building code is 300, you know, then obviously they've got the room that they could have that and it could cause issues.

Well, don't they want that for expansion? Okay, so they have 40 40 parishioners now, but later they would love to expand their church to be that bigger number of 340 or whatever their expansion goal is. The way some establishments will deal with that to avoid the large occupancy is to section off a portion of the space. uh decreasing the size of the main assembly hall, therefore decreasing the size of the occupancy and therefore the parking required.

That that would be an option to explore. Um that that will also key me or that'll that'll trigger me to chime in and say that it might be a good idea to uh table the item and get some further discussion and stuff. uh because we don't want the building owner to get into something that actually costs them money rather than makes them money. Right.

So the trader with staff so even though that before they could get permits uh to do any of the work they would need um Iowa licensed architect stamp plans. Um perhaps if you know the uh building owner is an architect not licensed in Iowa, they at least might be able to put together some general concepts to start some discussions with the building inspections office to get an understanding of, you know, what direction might be feasible based on, you know, what you're going to end up with for sprinkler requirements, occupancy requirements, and so forth. In addition, it's not uncommon for this commission to wave sidewalk requirements when those sidewalks don't connect to anything. Um, why build it if they they don't go anywhere, right?

That's true. Unfortunately, it's true. So, um, do you got any questions for us? I I've got a comment. Just full disclosure. This is I can't uh take a side on this, but my firm was contacted to do an architectural study for them. Okay.

Um, and what he said is exactly right because we've been down it before. If you have fixed seating, the chairs are connected. They say they got 40 people in there. You can count the occupancy as 40 people. Okay? Or pews or or however you do. You can't have foldable chairs that you put in and you put out. Okay? Code allows you to do that. But with that said, um there's a lot of other things that have that that have gone out. So, I'm not voting. Okay. But, you know, maybe tableabling this would would help to understand a little bit more about what's going on because I I totally agree that there's a lot of unknowns.

Um, and and again, to be transparent, we we told the owner when he contacted us that there was a lot of work to be done to convince the city that you were going to get to use this for a church. Okay. Well, I spy a motion then, I think. Uh, did you just motion to table this agenda item? Mr. Doing it. Oh, yes sir. I I just had your verbiage in in the staff report is is incorrect. It said seven people per square foot. It's it's it's one person per seven square feet for assembly. It's for assembly for for an assembly. And the the code is one person,

right? And the code is for a religious facility is if it's over 12,000 square feet, I believe, or over 300 occupants, that's when the sprinkler requirements kick in. Okay. So, what about the mixed to make it under 300 occupants? The mixed uses in the the building, too. Also, would that trigger some kind of requirement for sprinklers? I'm just talking about what's required for a religious facility. Okay. Because yeah, this as of right now, this is showing occupancy limits over 300 or at 300. So that shows 343. 343. So right there, that could be that could be that could be modified though if they if they change the

city, the the religious area. Absolutely. Okay. So are there any further comments? So are we tableabling this or what? a motion. We can uh I can entertain a motion on the agenda item. Yes. I would make a motion that we table the request by King's Cathedrals and Chapels for a special permit for religious facility in the commercial building in the C2 commercial district located at 3345 University Avenue until we have clarification on a floor plan um and potential parking issues. Second. We got a motion and a second. Any discussion? All those in favor of tableabling the agenda item signify by saying I. I. I.

Any opposed? One. Abstain. Commissioner Voit has abstained. Motion carries. Um at this time, uh thank you by the way. Thank you for your patience. Um, at this time we are going to start moving into some housekeeping stuff with Tiff and there's all about six, seven of them here. I got to get back digital things. Okay. Uh, I don't think we can combine these into one item. We have to go through them. But

but we also don't have to have every tiny little bit of spec. Um, let's see how the first staff report goes. On the request by the city of Waterlue for an amendment to the Martin Road urban renewal development plan in TIFF district to reduce the area included therein. This is Shrader with staff. Um, yeah, I can kind of um go through these. I could do them all or we could kind of group a few of them like the Martin um San Martin and then the merger uh into the South Waterlue are kind of somewhat connected. Um but let's do it. Let's group at least group that do it.

So my time is nine o'clock, man. So, um, these urban renewal plans are covered under chapter 403 of Iowa code. It's a very detailed section of the code. Uh and it requires that um plan amendments that involve boundary changes uh do get reviewed by the planning and zoning commission. And it specifically notes uh their review and recommendation as to conformity with the general plan for the development of the municipal municipality as a whole. The general plan means our comprehensive land use plan. Um so staff is um uh requesting that the commission uh approve them and and note their conformance with the comprehensive uh land use plan. the um Martin, San Martin, and then the merger. Um when we release areas there, there's one parcel in the Martin, one parcel in the the uh San Martin that we're releasing uh that then we would put back in. We do that so that when development occurs, a economic development tiff and tiff stands for tax increment finance. Uh an economic development tiff has a 20year sunset per Iowa code. So there's 20 years that the city can collect increment over a base value. The base value, all of the taxes continue to be dispersed to all of the taxing entities just like normal. the increment the uh amount of additional uh tax value created based on development is what's captured by the tiff for development of the tiff area. Uh and by resetting that parcel, we can uh work to get a development uh in there and have

the full years of increment to be collected. So there's two sites proposed to be released. Then uh moving forward into the third item on the uh the list of them is to merge the Martin and San Martin and TIFF uh into the South Waterlue Unified um urban renewal area and tiff district. So by merging them they still remain um as separate plans um but become um unified so that all of the increment uh can be used anywhere within the entire plan area as merged. It creates additional um flexibility for the city for um projects that are moving forward. So I don't know if you want me to keep moving forward or if you want to stop and uh tackle those three first.

Um, we're going to take a couple of parts out of We're going to take a part out of the Martin Road. We're going to take a part out of the San Martin and then we're going to merge them. Correct. Yep. And as part of that merger, those two parcels are put back in. And there's actually one additional parcel um down along Highway 63 that would be added in. It's by the Red Barn for anyone that kind of knows that American campus. So items number one and two under the plans and studies takes them out of it. Item three merges them and puts them back in. Yep. And adds one additional parcel. Yep. [Music] Okay.

We could probably approve those three as a I'm good with that. Yeah. Yeah. I would make a motion to approve the request by the city of Wateroo for an amendment to Martin Road urban rules. I would also make a motion to approve the request by city of Wateroo for an amendment to the St. Martin urban rural district and merge them into the request by the city of Wateroo to adopt the amended and restated South Water Unified urban rural and redevelopment plan.

And if it's okay, I would like you to include in that and determine that they are um what's the exact wording I just said? uh in conformity with the general plan for the development of the city that they are in conformity with the general plan of the city. Okay, we get recordable second. Okay, we got a motion and a second. Uh any discussion? I have a real quick question. is I mean we're making this mo made a a motion that city council's got to approve this, right?

Absolutely. Yep. This this will be set for it has been set for hearing of the city council on November 3rd. And with with this being basically we're taking some it's a housekeeping more or less these things I think out of my memory pop up at towards the end of the calendar year usually.

Yes. Gen generally speaking uh uh we try and amend the plans as frequently as we can but um very often we end up trying to do as many of them as we can towards the end of the year so that they're um any plan that's you know adopted within a given calendar year its frozen base gets set as the prior year

and I I also will say, uh, my light-hearted nature on this is more or less because we're not changing the the numbers or the the increments and stuff like that. We're not changing the time frame of those increments and stuff. It's more or less housekeeping. Yeah. If that helps with clarity on it, it's extending what's going to expire. Does it technically extend it?

Yeah. When when we re release a parcel and then put it back in, it'll it will have a new 20 year sunset. So from that effect, those parcels are getting extended. I would also note though that when we release them, uh any increment that they do have now is also getting released and would then go to all of the taxing entities. Um, for an undeveloped parcel, that amount of increment may not be drastic, but there can still be increment just based on land values going up, right?

Okay, we have a motion and we have a second. Uh, is there any further discussion hearing? None. All those in favor of approving items one through three one through three C1 C2C3 signify by saying I I I Any opposed that motion carries. Okay.

Okay. M straighter staff moving on to the next one. If I can get into mine. It's a request by the city of Wateroo for an amendment to the downtown Waterlue Riverfront urban renewal and redevelopment plan and tiff district to enlarge the area included. Hey, if I can get to it here in my packet. Sorry. Yeah, it is a big packet.

Okay. All right. So, this amendment will add essentially a half block area to the downtown. It is along Highway 218 or um Washington Street uh between West Fourth Street and West Fifth Street. Um but only half the block going to the alley uh there. That area uh would be added into the tiff. We are um looking to uh en encourage the redevelopment of that area and then also doing the other you know general updates to the plan for updated projects budgets

that's currently the Linden Grren glass building I think across the highway and where Goodyear is working on an expansion and then there's also the former um yeah restaurant site that intense tattoo place and tax place. Okay. Are there any questions for staff on this one? If there's no questions or comments, I I can entertain a motion on it. Yeah.

So, um this is do not um I don't know how to do the motion. That's why I didn't know that's why I didn't want to offer to do the motion in the first place. I didn't want to mess it up, but this is do not I um move that we accept the item as presented. Okay, we got a motion and determine that it's in conformity with the general plan. Yeah. And determining that it's in conformity with the general plan. Okay. Second, Bo.

Okay. There's a motion and a second. Any uh any discussion? All those in favor of approving item C D signify by saying I or C4 signify by saying I. I. I.

Any opposed? That motion carries. Next up we've got a request by the city of Wateroo to adopt the Baltimore Fields urban renewal plan and tiff district. Mr. Shrader was staff. So, this would be a new urban renewal plan and tiff district. This is a proposed residential tiff district. Um the city council some months back adopted a new housing policy which includes additional uh housing initiatives uh to encourage residential development within the city of Wateroo including providing for the potential for uh residential tiff districts. Uh residential tiff districts are also covered under the same uh chapter 403 of the Iowa code. Uh but they are significantly more uh restricted in including what um you know what can be provided for uh incentives which is um to recoup costs of infrastructure costs. Uh it also limits the increment to only 10 years as opposed to the 20 years that economic development tips are. uh and there's also a low to moderate income uh requirement. So a certain percentage of uh any increment gen generated by a residential uh tiff will have to uh go to assist low to moderate income um projects. So, this proposal is for the Baltimore Fields Urban Renewal Plan, which covers the uh proposed development um that is um south of Hawthorne, north

of Eureka um on the old what was it was a a schools site referred to as Baltimore Fields, which is kind of why it's got that name stuck to it. Just east of Vermont and west of Baltimore Street. How long ago was a school there? Because I know that I don't Someone could correct me, but I don't think there was ever a school. I think it was fields that they Okay. Because Irving was It's a field. Yeah. I don't know if it was soccer, football, all there was there was a baseball diamond over. It's three blocks from my house.

Yeah. Quick question. that residential tiff you said uh a certain portion of it has to be attributed to low-income projects. Is it serving the actual homes that will be built in this area? Is it it can be but it does not have to be that uh this the city can uh decide what it wants to do for low to moderate income with the percentage required uh and it can be anywhere within the city of water. Okay. What is what is the percentage required? Is it 50% 30% 48 point something and yeah it's in here let me see if I can find it really quick

48.6%. So it's around 50%. Close to 50%. Yeah. So the other there would be 50% uh that would provide infrastructure cost repayment to the developer. Um and then you that remaining couple of percent there um could be used for you know other improvement projects or released to the general fund.

Okay. Who controls the the funds that are used for uh low income stuff? Is that does that go to community development then and they use it or um is null Anderson I think is still on. Yeah, I'm assuming it could but doesn't have to go that route, right?

No Anderson, community plan development director. Yes. I mean, yeah, it'd be up to a it'd be a council decision. You know, we can we can uh work specifically with community development on a site. We could uh directly uh work with Habitat for Humanity or a similar organization for for sites as long as we meet the qualifications for the the LMI. And thank you. Um and how many other um residentialbased uh tiff districts do we currently have? Uh this is Strader with staff. We currently have zero. So these are the first two being proposed. Uh Baltimore Field, the one we're talking about now, and then there's another one on the agenda next, the Highland Meadows.

Yep. Um so those will be the first two. Uh at this point, I would uh ask for some council input on this. Is this something that the tal the council is ready to handle? is council. Mr. Chair, I I I can't comment on on an agenda item that's going to be on the council because I can't sound biased one way or the other. But my I have a question for staff. When does the 10 years start? Does each house count as 10 years or is it when the development is is is the roads are in and the lots are platted?

This is Shrader with staff. So when a a new uh urban renewal area and tiff district is created uh initially that will be based on when the certifi when the city certifies debt. Uh so um the city can kind of strategically work with a developer to hold off on certifying debt um to ensure that it's done when you know the improvements are starting to be built so that the most amount of the 10 years can be captured. uh the this so for instance with this particular Baltimore fields it is proposed that it's not going to be phased. So it is a proposed um urban renewal area and tiff district over the entire project area. So once the city certifies debt that will uh initiate the 10year clock on increment collections. Um so you know for instance if they're uh only half of the lots developed at the time that um that debt would get certified and the development stalls then you know there will be undeveloped lot with you know no increment or very little increment. There could be still be some based on um you know the land value is going to go up when you when you platted into lots versus what it is now. But there could be you know multiple years then with very little increments. So that's something that has to be um reviewed carefully. So for instance when we get into the next one that one uh is a little larger project and they are proposing to phase it into four different phases and there would be

a proposed separate tiff district for each phase with amendments. the um you know when the 10ear starts is based on when each amendment gets adopted only the initial one is based on when that gets certified. So now I have a question this is do not well I I'm I just sorry

and it also should be noted in residential tiffs that those houses built in that tiff district do not qualify for cure. They're not going to get the three years at 100% tax abatement or the or the sliding scale tax abatement because and they need to know that going into that because most most new residential properties fall under that. That way 100% of the taxes go towards 50% close to 50% go towards the infrastructure and the others go towards the general fund. Correct Mr. Shrader?

Shraider of staff. Yeah. Yes. uh for a residential tiff. Both the tiff plan and development a uh the development agreement or development agreements pertaining to development within that plan will note that they will not be eligible for the um chlora or cura depending on uh which um one a site is in abatement project. And that's because a cura or chlora abates the taxes. So they're they're just uh wiped off before they're even put onto the books. Whereas the um tiff district uh captures collects taxes and then uh can put those into um the district for you know use as refunding the developer infrastructure costs or the low to moderate income etc. Uh if you attempted to do both, the taxes would be abaded and there would be no or very little um actual taxes collected and therefore increment going in. So for instance, if they, you know, did tried to do both and everyone picked the three years at 100% and all of the homes, you know, got built right away, then in theory, you you could, you know, have the seven years remaining of increment to collect. But, um, the way the cure and the CLUR are set up, you have the three-year at 100% option or the 10-year sliding scale. Uh, and you can't adjust that. you. So, we couldn't say you can have the one but not the other. Uh, and obviously if if you know houses were developed in a residential tiff that were collecting the uh 10-year abatement, there would be very little increment there to to try and make it work.

Well, in our elevate housing that we passed that that allows for residential tiffs, I think it clearly states that those houses don't don't qualify for CLA aruro. Correct.

Okay. And if a site is eligible for the $5,000 uh infill housing incentive, the policy also provides or in a residential tiff for that incentive to go to the home buyer, not the home builder. So that kind of for those that will be eligible for that will kind of help offset that you know loss of the curac a little bit by providing them that 5,000 incentive.

So this is do not there are different kinds of tiffs. Um just generally there's different kinds of tiffs. There's commercial kind and then there's residential kind. what other kinds of tiffs are available orally?

Right. So, there's um I I guess I would call it essentially three different kinds uh under chapter 403 of the Iowa code. And the first is what's considered a slum and blight tiff. Uh and a slum and blight tiff uh has no sunset like the economic developments that have the 20-year sunset. Uh and the slum and blight can be used for commercial, industrial, and residential. Uh and um because you're in a slum and blight area, it's you it's it's considered that you're you're you're essentially working on the LMI by trying to eliminate slum and blight. So there isn't a separate LMI set aside. So outside of a slum and blight tiff then there's an economic development tiff and yeah there are two types of economic development tiff. The commercial which you know commercial industrial um which have a 20-year uh sunset and then the residential which have the 10-year and the LMI set aside. Yeah,

I felt like I should have known that, but I just forgot it until we started talking about Well, it's kind of new for the city of Water. The residential part. I was like, I don't remember doing this one before. Yeah. Yeah, that that is correct. Okay, so that's good. Uh after a lot of work today, I brain's still ticking, I guess. But um do we got any other uh questions for staff here? We want to make sure we be thorough when we handle new stuff. So, I I encourage being thorough right away to avoid surprises later. Um, if there are no questions, no comments, I will entertain a motion.

This is Schelberg. I'll make a motion to approve the request by the city of Wateroo to adopt the Baltimore Fields Renewal Plan and Tiff District and in accordance with the city's conforming with the general plan. Second, do not. 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. Next, we'll move on to the uh Highland Meadows one. Is that what that one was called? Yes. All right. We get to it here. Get a little bit of a summary here.

This is Shraider with staff. So, this proposed residential tiff um is at the former Orange School site. Um so, kind of at the southwest corner of Orange Road and Kimell Avenue. Uh for this one, the developer is proposing um to phase the development into four different phases. So there would be a kind of initial tiff district created on only the phase one area and then subsequent districts on each subsequent phase. Otherwise it's essentially the same type of project.

Question for staff. Um do you guys have any like do you get comments from these people? I know that you haven't done this before, but can you foresee comments coming from the neighbors in this development currently that obviously didn't have access to that tiff residential when they um obviously purchased? Yes, we anticipate lots of comments from the residents. The whole gall.

Yep. That was uh that was the agenda item from I think two months ago that went into depth. And I I guess the other thing would be to explore is was is this something that could be applied to the other development that is within a quarter mile of it on the other side of the new Orange Elementary?

Yes, the development at the northeast corner of the same intersection has um started but has kind of been moving a little bit slow. um that has been relayed to that developer that uh although that you know initial phase is um probably you know too late to try and and do the tip district over that um subsequent phases are it's would definitely be an option to look at doing a residential tiff on them. Okay, any other questions for staff?

I don't want to keep us here any longer than we have been already. Um question though, like when these when these tiff things got discussed since it is the first time that's happened in the city, are you aware of like a development or developer that's going into these areas? Like I just don't want it to be the city showing favoritism to a developer that could be developing in this area. Um does that make sense what I'm trying to say? That that's kind of why I asked about well can this apply to the other area that just was developed. Yes. Yes, correct. Yes, councilman.

My my my only concern and I brought this up at city council at the last meeting is that this has not resoning has not passed city council and the development agreement has not passed city council, but we're moving forward to pass a residential tiff. And I I just feel like we're jumping the gun because none of those other items that that really should be done before we establish the tiff have pass council yet.

Uh this is trader with staff. So the site is zoned R1 residential and it can be developed as residential without the reszone. So the develop the proposed developer is requesting that reszone to better accommodate how they would like to lay out the subdivision. Uh but if that reszone is denied, they can still move forward with a residential subdivision based on the R1 zoning. So they don't need the reszone to proceed. And then regarding the development agreement, it's actually the stated um preference that uh a urban renewal plan be adopted first and then the development agreement. We have seen them go the other way. So, for instance, with the Baltimore Fields, we have a development agreement in place that indicated we were going to do a residential tiff. We will need to do an amendment to that development agreement. Now that we're moving forward with a specific um proposed urban renewal plan and tiff district for the Baltimore Field site, uh we'll have to amend that Baltimore Field development agreement uh to be consistent with the uh now adopted plan. But the preference actually is that you're supposed to have a plan in place first and then do the development agreements consistent with that plan.

All right. Do you have a time frame for when those will be coming before council? Um, we would hope that we would have Well, the for you mean for the reason and the development agreement? Yes sir. Yeah. Uh hopefully we would have them on the November 3rd agenda to set the date of hearing as the whatever that next meeting is, November 20th, 17th. 17th. We kind of got

So the tip will be the tip will be approved November 3rd and then the resoning and development agreement will be will be on the second meeting in November. Correct. So on on the first meeting in November, you're just setting the date of public hearing. That that's our hopeful timeline. We we did get a little bit um delayed with some new information provided some by some neighbors regarding a an easement issue. So, we've been working with with the developers attorney and the city's attorney to kind of figure that out. Appreciate it. Thank you.

Any further questions, comments? I'll entertain a motion. I don't even know what the motion is now. We've been He's getting all motioned out. I'll I'll take a crack at it. All right. Uh, I motion that we move forward with the city's uh or staff's recommendation to adopt the Highland Meadows urban renewal plan um and determine conformity with the general plan. Um given that it is in conformity with the general plan. Okay.

All right. Second. Um, do you not?

We got a motion and a second. Any discussion? Uh, Commissioner Lico has one. When we sat in that that meeting two months ago and we were sitting there comparing one one development to another, one that was proposed and one that already exists and and people kept citing, well, there's only two or three houses, which I drove by, there's like five or so now, um, which still isn't a very good chunk. I kept asking myself, what what's causing this this first development to not fill in, right? So, I don't want two developments not filling in. I want to do things that will get these developments full. So, if if this is something that works going forward, great. If it doesn't work, then I I obviously probably not going to continue this practice. But that that's my two cents into it. Um, any other discussion?

I agree with that. hearing none. All those in favor of approving the agenda item signify by saying I. I. I. Any opposed? Motion carries. Um, next month, uh, the the meeting is, I think, one day after a holiday. Uh, we're not going to have any conflict, right? Uh, no, no, it's council. It's an off week for council.

It it's a holiday for the city of Waterl, so we're going to have to move it no matter what. the next stated you know that our meetings are stated for second Tuesday of the month and the second Tuesday in November is the 11th which is veterans day which is a holiday for the city of water so we will need to move that um our bylaws kind of the meetings used to be on the first Tuesday of the month and got moved from the first Tuesday to the second Tuesday to try and avoid some conflicts which generally speaking we avoid more conflicts than we encounter uh but you know every once in a while Veterans Day falls on the second Tuesday and causes a conflict. The bylaws note the option to go back to the first Tuesday but that is an election day. November 4th is the first Tuesday which is election day. Um, so we're open to input from the commission, but our thought was maybe pushing the meeting back two days to a Thursday, November 13th.

Does that work for y'all? No, I don't know. No, shouldn't work. Or it should. It should work. Should work. It It doesn't work for me, but I can not attend a meeting once. No, it's it's fine for me. Oh, it's doing fine. Um, and don't take offense to this. Sometimes, I mean, with it being a conflicted date and whatnot, we're going to need quorum and probably an extra person, but

because we could move it up to the first Tuesday on, you know, and and be election day, but it number one, it can cause some conflicts with elections activity occurring here at city hall. Number two, we've also heard in the past of um members that um volunteer um doing elections work. So, yeah, it can it can be an issue getting a I would recommend staying away from election day. Can we not go to the 18th? Thursday. Uh the 18th is the at at 4 anyway is the um I think isn't it the community development meeting preservation

community development historic preservation and a county P&Z meeting that you know all kind of you know not at the same time but kind of bing bang boom. So I'm I'm not saying it would be impossible to do on the 18th but it gets a little tricky. So like I said I Uh just raise of hands. How many of you can make it on the four or on the 13th? We got one, two, three, uh four. That's a little that's a little too close for comfort. Um sure. What about Wednesday? Yeah. What about Wednesday? Wednesday the 12th. Yeah,

I think I'm good there, too. Yeah, I'm good on that. Yeah. I can do that. I can do the 12. Wednesday the 12th. Raise your hands. Uh, are you good on that one, Eric? I can be adjustable. Okay. Uh, okay. It looks like we got enough open stuff. Let's let's plan on Wednesday the 12th. Okay. Send out an email for that. Yeah. Do do a little extra reminder stuff. Um, with that, uh, motion to adjurnn. So moved. All in favor? Second. All right. Do it. Thank you for your patience. Did you know that Eric