Planning, Programming & Zoning Commission - Regular Meeting

came to order. Yes. Uh first up, I need a motion to approve the November 12th agenda. Walker, I'll move to approve the agenda. Shaper. Uh there's a motion, a second. Any discussion? Hearing none. All those in favor of approving the agenda signify by saying I. I. Any opposed. Motion carries. Uh, next up we've got approval of the minutes of the regular meeting on October 14th, 2025. Please look them over and when somebody's comfortable, I'll entertain a motion on that.

So move Schaefer with a second. Thank you. There's a motion and a second. Uh any discussion? All those in favor of approving the minutes of the regular meeting on October 14th, 2025 signify by saying I. I. I. Any opposed? Motion carries.

Next up, uh we've got oral presentations on non-aggenda items. Uh for those of you who wish to speak on non-aggenda items, uh just come up to the podium, state your name and address. Um assuming you're on an agenda item. All right. Anyone on Zoom on an agenda item or non-aggenda item?

Great. Um we'll move on into new business. The time is 4:02 p.m. and a hearing is scheduled at this time for a request by the city of Waterlue to reszone approximately.33 acres from C1CZ conditional zoning district to R2 one and two family residence district located at 541 Albany Street. 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 October 23rd, 2025. Could we have a motion to receive and place this notice on file?

Rucker will move. Second. Sure. Um, all those in favor of receiving and placing this notice on file signify by saying I. I. I. Any opposed? All right. Motion carries.

Okay. this door off with staff. Um the area in question has been zoned C1 CZ conditional zoning district since being reszoned from R21 and2 family residence district with the adoption of zoning ordinance 4619 on June 16th 2003. Surrounding land uses and zoning are as follows. To the north is vacant land zoned R21 and2 family residence district. To the south is Albany Street residential and vacant land zone R21 and2 family residence district. To the east is Lewis Street residential and vacant land zone C1 commercial district. And to the west is residential and vacant land zoned R2 um one and two family residence district. City Waterlue is requesting to reszone property in question from C1CZ conditional zoning district back to R2 one and two [clears throat] family residence district. Previous owners of the property requested a reszone for the property in 2003 from R21 and2 family residence district to C1C conditional zoning district including to operate a commercial kennel service at the property. The property was sold at tax sale in 2009 and appears that the applicants at that time had never built any of the kennels that they had proposed in their site plan. Um the property went through several um has gotten through several owners and it just went through a recent um owner change and the new owners happened to come to the planning and zoning office. They asked some questions about the property and we asked them if they were willing to let the property be reszone which they had no um objections to and they signed the application form. Therefore, staff recommends that the request by the city water loo resz on approximately 0.33 acres from C1ZC conditional zoning district to R212 family residence district located at 541 Albany Street be approved for defining reasons. The request is in confirmance with the comprehensive plan future land use map for the area. The request would not appear to have a negative impact on traffic conditions in the area and their

request would return the property to its original residential zoning. Thank you. Any questions for staff from commissioners? Is there anybody in the council chambers that would like to speak on this agenda item? Is there anybody on Zoom that would like to speak on this agenda item? No [snorts] takers. At this time, I will go ahead and entertain a motion to close the public hearing. Motion to close the public hearing. Second. Sure. All those in favor of closing the public hearing signify by saying I. I.

Any opposed? That motion carries.

Thank you. There was a little bit of lag. Um at this time, I'll entertain a motion on the agenda item. This is Schaefer with a motion to approve recommendation of the request by the city of Waterlue to reszone approximately 0.33 acres from C1CZ conditional zoning district to R21 and two family residence district located at 541 Albany Street. It's approved for the the request is recommended for approval based on conformance with the comprehensive plan and future land use map. The request does not appear to have a negative impact on traffic conditions in the area and the request would return the property to its original residential zoning.

Second. Sure. Second. Oh, sorry. All right. Thank you, Eric. Um, there's a motion, a second. Any discussion? Hearing none. All those in favor of approving the request signify by saying I. I. I. Any opposed?

Motion carries. All right. Next up, the time is 4:07 p.m. and a hearing is scheduled at this time for a request by Luke and Megan Finley to reszone approximately 1.18 acres from A1 Agricultural District to R11 and2 Family Residential District located east of 9:30 East Orange Road. 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 October 27th, 2025. Could we have a motion to receive and place this notice on file?"

So moved. Sure. Second, PO. All right. All those in favor of uh receiving and placing this notice on file signify by saying I. I. Any opposed? Motion carries. Staff report.

Mrs. Gman with staff. So the request is to reszone approximately 1.18 acres from A1 agricultural district to R11 and2 family residence district to build a single family home. The request would not appear to have a negative impact on the neighborhood as the area has agricultural fields, a few houses, as well as Hawkeye Community College and apartment buildings. The um the proposed reszone would not appear to have a negative impact on vehicular or pedestrian traffic conditions in the area. The area in question has been zoned A1 agricultural district since the adoption of the zoning ordinance in 1969. surrounding land uses and their zoning designations are as follows. To the north is East Orange Road and Agricultural Land Zoned A1 Agricultural District. To the south is agricultural land zoned A1 agricultural district. To the east is Hammond Avenue and agricultural land zoned R4RP planned residence district as well as Hawkeye Community College and Apartments. To the west is agricultural buildings, single family homes and agricultural land zoned A1 agricultural district. Um, the two homes to the west of the rezone site were built in 1922 and 1967. The southeast corner of the rezone area is located within a flood plane as indicated by the Federal Insurance Administration's flood insurance rate map. Uh, there's a 12-in main water man running along Hammond Avenue and East Orange Road. There's an 18inch sanitary sewer main 530 ft to the south of the reszone area. The reszone request meets all requirements of the zoning ordinance by the property meeting the minimum bulk requirements for the R11 and two family residence district. Applicants are not looking to subdivide the property at this time. The applicant is proposing to reszone approximately 1.18 acres in order to build a new single family home.

Property is 4.61 acres. There are agricultural buildings on the property already. The reszone request will not affect these buildings as that part of the property will stay A1 zoned A1 agricultural district. The house will be built in the reszone area. There was recently some rideway that was condemned along Hammond Avenue. The condemned area runs at an angle to the road. This is not uh this is has not shown up on maps yet. The size of the reszone area is approximate to take this into account. The engineering department noted at the tech uh technical review committee that if the applicant was planning on having the access come off Hammond Avenue, they then they will have to install a culvert. It will likely have to be at least 18 an 18inch coververt but may need to be larger. Uh the future land use map designates this area as mixed residential, low, medium, high density residential and professional offices. The request is in conformance with the comprehensive plan and future land use map. Therefore, staff recommends that the request to resone approximately 1.18 acres from A1 agricultural district to R11 and two family residence district to build a new single family home be approved for the following reasons. One, the request is in conformance with the comprehensive plan and future land use map for this area. And two, the request would not appear to have a negative impact on the surrounding area.

Very good. Thank you. Uh I do have one initial question for staff. Uh it's what is there for protections to make sure that uh any dwellings are not built within the the floodable part of this land? So that is something that we look at when they uh submit plans for to pull a building permit. Um we don't anticipate there being any problems. There wasn't a whole lot of area in the flood plane. So, right. I just didn't want them to run into any unfortunate surprises. Yeah. Okay. Thank you.

Are there any other questions from commissioners for staff? I you I have one that I didn't get my board package so I didn't have time to read this but so this reszoning is just for a person who wants to build one house on one acre 1.3 acres whatever it is. Okay. Any other questions from commissioners for staff? All right. Is there anyone in the council chambers that would like to speak on this agenda item?

Come on up and state your name and address, please. I am Luke Finley. Um, and I I currently live 1140 300th Street, Ryan, Iowa. And I would we looked at this property, my wife and I. We have four kids. And the place was perfect. There's a couple outuildings. Um, I I grew up on a on a little acorage with a with a barn and where we live now is in the is an acorage, but we're pretty we're just on one acre. Um, so what we're looking to do is just uh reszone this one area just so we can build the house and have about four acres to live on just for kids. So there's no there's no um at least at this point future plans to develop anything. It's just to build a house and we we do plan on being up that there's a slight grade in it. We want to be on the higher end of the grade anyway. So the flood plane shouldn't be an issue as far as that goes. But so that's a that's a that's a desire. It's all we're looking to do to reszone this. So and I appreciate you guys time.

Thank you very much. Do any commissioners have questions for the applicant or anything or no? Okay. Yeah. You Thank you for coming out today. Uh is there anybody on Zoom that would like to speak on this agenda item? All right. I will go ahead and entertain a motion to close the public hearing. Rucker will move to close the public hearing. Second. Sure. All those in favor of closing the public hearing signify by saying I. I. [cough] Any [clears throat] opposed? That motion carries.

Thank you. Um, at this point, if there's no further discussion on the item, I will entertain a motion on it. This is Poe. Uh I recommend that the request to reszone approximately 1.1818 uh acres from A1 agricultural district to R1 one and two family residence uh district to build a new single family home be approved uh for the following reasons or I I don't need to list the reasons do I okay conditions only the so second sherk right thank you there is a motion and a second is there any discussion all Those in favor of approving the request signify by saying I.

I. I.

Any opposed? Motion carries. Thank you very much. Next up, we've got a request by Advanced Heat Treat to vacate approximately 650 square feet of sewer and utility easement in the M1 Light Industrial District located at 2839 Burton Avenue. This is Tamala with staff. Um, request by advanced heat treat to vacate approximately 650 ft of sewer and utility easement in the M1 Light Industrial District. The request to vacate the sewer and utility easement would not appear to have a negative impact upon the surrounding area. The proposed vacant would not appear to have a negative impact upon vehicular or pedestrian traffic conditions in the area. There are no trails or sidewalks in the immediate vicinity. The area in question has been zoned M1 light industrial district since being reszoned from A1 agricultural district with the adoption of zoning ordinance 2619 on December 26, 1972. Surrounding land use their zoning regul zoning designations are as follows. Northeast and west industrial zone M1 light industrial district to the south vacant lot zone M1 light industrial district and A1 agricultural district. residence zoned R11 and2 family residence district and a parking lot zoned A1 agricultural district. The area in question has been developed between the 1970s through the 1990s. Um no pro no portion of the property is located within a flood plane as indicated by the Federal Insurance Administration's flood insurance rate map. The pros request would not create a ne negative impact on drainage. There is a 20-in water man running running along Burton Avenue. The request is to vacate a sewer and utility easement that varies in width. There's overhead electric and gas line within the easement requested to be vacated, but the applicant is working with Mid America to relocate the line. There's also a sewer line, but it has been abandoned and is no longer used or needed.

The request meets all requirements of the zoning ordinance. Um, Advanced Heat Trade is requesting to vacate approximately 650 square feet of sewer utilities eman light industrial district at 2830 and Brighton Avenue. The reason behind the vacant request is to build an addition to their existing building. There are currently overhead electric gas and the sewer line in the easement which would be an issue to vacate as Mid-Americ Energy needs access to it. The applicant has noted that they have been in contact with Mid-American Energy to relocate the electrical line and gas line that runs through this easement and and that they have an engineering plan drawn up already to re relocate these utilities around their new property or addition. The applicant also noted that the sewer line is abandoned. City engineer Jamie Kudson has been notified of the sewer line that does not reside in the easement to the south as it showed on the drawings. And the city did come out and verify the exact locations that we marked out from Kulie Plumbing. The easement currently also resides in the property to the south of the property in question which is 2757 Burton Avenue and is owned by Professional Office Services Incorporated. Therefore, the applicant will need to acquire written consent from the Professional Office Services Incorporated to to agree to the vacate request. The applicant has confirmed that professional office services is aware of the vacant request and they are working on consent. Um the applicant has gotten us written consent. Um that was after the staff report was written but we do have consent from them. Um engineering noted that the proposed building addition noted that with the proposed building addition the applicant should consider the location of the storm water detention as it will be required. Future land use map designates this area as industrial. The proposed vacant would be in conformance with the comprehensive plan and future land use map for this area. Therefore, staff recommends that the request by advanced heat treat to vacate approximately 650 ft of sewer and utility easement in the M1 light

industrial district located at 2839 to 2851 Burton Avenue be approved for the following reasons. The request is in conformance with the comprehensive plan and future land use map for this area. The request would hybrid negative impact on traffic conditions in the area. The request would hybrid have a negative impact on the surrounding area subject to the following conditions that a new easement is dedicated where needed for the relocated utilities. Thank you. Are there any questions for staff? No questions. I just appreciate the update about the written consent being secured from POS.

Thank you, Mr. Tom. Okay. Uh, is the applicant here? Are do you want to come up and speak a little bit on this? You guys have questions about it? Anyone got any questions?

I more so have a question for staff. What if what if uh POS did not want to give written consent? I mean, what what would the next steps be? Um, this is shredder with staff. So, there's some utilities that'll have to be relocated. So, new easements dedicated. So, if you know they can't work things out with the budding property owner or with Mid America, then we wouldn't be able to finalize the vacate. It's fine proceeding, you know, through the P&Z, but it wouldn't be finalized at city council level unless everything's in place and and can be relocated and new eastman dedicated.

Very good. Would that um also include the part requiring storm water retention then? Yeah, that that would be before they could pull a building permit for the addition. They'll need plans that would include how they're going to address the storm water. Yep. All right. So, yep, that's fine with me. Then, uh, there any other questions for staff for discussion? If not, I will entertain a motion on the agenda item. [laughter]

Uh, this is Recker. I'll How do I say it? I'll make a motion to recommend the request by Advanced Heat Treat to vacate approximately 650 square feet of sewer and utility easement in the M1 Light Industrial District located at 2839 to 2851 Burton Avenue be approved subject to the following condition and that a new easement is dedicated where needed for the relocated utilities. Second. Sure. Thank you. There is a motion and a second. Is there any discussion hearing? None. All those in favor of approving the request signify by saying I. I.

Any opposed? Motion carries. Um, are there any other discussion items? Nothing. Um, next meeting will be held December 9th. We'll go back to our regular schedule, second Tuesday of the month. Uh, and I'll entertain a motion to adjurnn. So moved. Sure. All those in favor signify by saying I. I. All right. Thank you very much.