Planning and Zoning Commission - Regular Meeting

reading. Uh, we'll go ahead and call this meeting of the planning and zoning commission for January I'm sorry, February. Look at me go. I'm going to start over. February 5th, 2026. Uh, to order. That done. Paige could have a roll call. David Larson present. John Meyer here. Pete Fuller here. Stephanie Garner here. David Huer here. Kate Payne here. Kathy Olsen. All right. So, we have a quorum. So, we'll go ahead and begin. Item C on our agenda tonight is approval of tonight's agenda. I would ask for a motion. So moved. Second.

All right. It's been moved and seconded. All in favor answer with I. I. Hearing none opposed. That motion passes. All right. Item D, approval minutes uh from our last meeting, January 8th, 2026 as printed. No changes. What's that? No changes. You're Mr. Well, I wasn't here. Oh, that's right. It's really pretty presumptuous of me to make changes to a meeting. I wasn't here. I'm just so used to having you. It was decommissioned out there. All right. I asked for a motion for that.

I move that you approve that the many minutes be approved from last meeting. I'll second that. All right. It's been moved and seconded. All in favor say I. I.

Hearing none opposed. That passes as well. All right. So item E. Um, so just a little kind of how we'll conduct this. So I'll I'll call for an open public hearing. Uh, if you approach the podium, just state your name and address, give us any comments or questions that you have, and then we'll have discussion through that portion, and then we'll close the public hearing, and then we'll talk and uh continue the meeting up here. So laying that out, I'll open the public hearing for item one under section E of our agenda for the reszoning application for 1705 East Bamer Avenue from C2 commercial to R1 residential.

Maybe Paige should introduce it. Well, she could. Um, yes, Inger Souls were not able to be here tonight due to a family event. Um, but Franens's right are um and they're two houses down. Yep. From them. So, if we have questions. All right. Well, seeing nobody approached the podium, I'm going to close the public hearing, then we'll kind of go into the agenda memo page if you'll help us do that.

Okay. Yeah. Um, as you'll see, Stephen and Tammy Ingresol submitted a request to reszone the property at 1705 from C2 to an R1. Um, the intent is, as you'll see later on this agenda, is to split that parcel into two separate sections. So, they're proposing to reszone to commercial and then split it into two separate parcels. The west parcel would be combined with um Ingresol's other two parcels to create one large parcel. The other um east section would propose to be sold to the Franens. Um as you will see the future land use map shows it as remaining as commercial. Um I did a little research onto the address files for this property. Um, back when the prior owner had it, it was the whole area was zoned as A1, he proposed to build a house on that 1701 East or 1705 East Bremer Avenue, was told no because it was A1 and it was not 3 acres. He went through the board of adjustment. Board of Adjustment did not approve a variance for that lot. Um, and so then he worked with, I believe, public works and zoning might have been combined at that time. um he worked with that department to reszone it with C2. Um the notes that I found say the commission um and staff at that time had the understanding that a house could be built in a C2. So they reszoned it to a C2. Um couple years later went to do a building permit and was turned down because it's C2 and not residential. Um and then it just kind of dropped there. Uh most recent was it was during I'm not quite I don't remember the year off the top of my head anymore. Um but all the conversations I had seen the intent was to have a house

there rather than um commercial. But when they were turned down they didn't come back to board of adjustment. Board of adjustment would not be able to approve a variance for a use. So they could have come back to us and since they approved it based on it was Yep. Okay.

Sounded like the property owner at the time was not super happy and so I'm guessing he's just kind of dropped it after that. And then I don't know what year it then switched hands cuz I want to say one of the conversations was in 2017 and it looks like that he just sold it or they sold it in 2025.

Okay. Um, also I guess I should say no public comments were received to our office either for the public hearing. I was going to ask, but thank you.

Um, other items I know we've talked or it's in the agenda memo. Um, there was a question of whether TDS had an access easement along I saw a note saying something about the 50 ft along the west side. Um, I can't find the recorded version of an easement. I reached out to Breamer County Recorder um and they did not have record of an easement or an agreement for that lot. Um a survey was completed was that last year in 2024 um a retracement survey of TDS's lot. Um and the easement was not located on that survey either. Okay.

So, it was a landlocked parcel. How did Junkers um he used to own the house where Ingresol is also um it looks based on the aerial it appears whoever is using that back area has always used TDS's um to get to that back area. Sure does. Yeah.

Well, I'll start some discussion.

Um, I'm a little bothered by this. I I you know, I went out and viewed it and the property is is indeed if you can't use that driveway, it's it's it'solated. But I guess my viewpoint is is that we need to always keep in mind that property owners change and we have, you know, the long long range land use plan shows that whole corridor basically up to well um 12 street or actually that hunk of rightway that's uh adjacent to 12 street shows that corridor to be commercial industrial and if anything is spot zoning in my mind. It's the Ingresol House. You know, that's the only piece of residential on that side of the road from there on out east. Um, you know, if and we have two active commercial properties there right now next to the Ingresol parcel. It seems to me that changing it is actually a step back. it's uh it is contrary to the land long range land use plan. So um but I you know I understand the existing property owner their desire and all that. Um it's my viewpoint that you know property owners change land use changes you know we're supposed to be looking at the long term. So that's my feeling at this point I guess

when that when Ingresol's built there. That was all part of his dad's property. Um going up to Frances, wasn't it? Yeah. It was all it was all um and then so he sold he separated it off and that you know to build that house. But there was um God, you're really taxing me trying to remember the whole story on that. They actually built two homes, didn't they? Tammy and Steve if that that one Stafford or whatever that name is I'm not sure. Anyhow, Stafford

that parcel was owned by Steve's mom and dad and then didn't Steve and Tammy buy some of that built a house. Then the DOT redid highway 3 and Steve and Tammy either rebuilt or moved. Yeah, they built that house. I think they're still living there, aren't they? Yeah. Yeah, you're right. That's that's but I I'm trying to remember why or how this all started when we allowed Stephen Tammy to build there there. You couldn't find anything that in that discussion or there was nothing in the minutes.

Not with what I looked at. No. John, to build on what you're saying, and I want to make sure I understand what you're saying. In the page that shows the page, sorry, that shows the zoning designation that exists. I'm looking at the future land use map. Yeah, but that I understand that. Um, right now there's sort of this weird shaped red zone that's C2 and there's a spot of R1 out along the road.

Well, you got you got the C2, but then TDS is industrial and which is right. I get it. As you go that way, right along Bremer, it stays industrial commercial. Right. So the right in this image, the the zoning image, the R2 looks like the spot elevation, but then it's wrapped around on the back by the red the C2. it.

I'm not sure that it makes it. There's a piece of me who says in this diagram that the landlocked piece because it's attached to more blue than red that it makes sense for it to be an R zoning red um designation. And then the red that's there, the two business properties are that that's when the commercial starts.

I you know I'm basing you know my thought pattern is is you know I know what the existing zoning is but that existing zoning is to evolve into the future land use plan. That's what the comprehensive plan is. But the pink in the future land use plan, this property that's owned by the DOT that's adjacent to the Fuller property. Mhm. Um, yeah, that's a hunk of residual rightway that was Yeah. Right. That's where that little bridges and stuff that Yeah. Yeah. I mean, that's really just leftover space adjacent. Yeah. There's there's not enough in front of us that's going to be able to do anything with.

Well, that's my point. It doesn't seem like it really wants to be commercial or that that's the starting point of anything. Yeah, I mean to me that ought to be shown as right away. That's what it is and that's what it's going to stay. Which means that this the Ingresol property in question is the transition space. It's the property that transitions between residential and commercial. If if you go out. So the argument that we should stick to this is a little arbitrary in that yes art kind were driven a little bit by that. But this was also you know something that was created without the minutia of reality.

Well if you go out and look at it there's a clear demarcation along I think it is anyway along the north side of this property where the old railroad rightway was. I mean, you know, the the property as, you know, you're looking at it, it's it's it's a nice piece of open stuff that could be developed into something eventually if uh if adjacent property owners wanted to do something, you know, with the frontage. Um, you know, you got to draw a line. You have to have a transition zone somewhere. I agree.

But in that scenario, what do you do about the lack of access? property owners change and access changes just like our second item on our agenda, you know, that we're going to talk.

So, going back to the future land use map though, because there's been other areas where we've looked at as staff and question why it might not have been changed on the last future land use map. Do you and I was not part of it. So, how closely do we look at the map when it was going through approved? I came at the very tail end of it. Um, do we kind of go property by property to make sure that it is what we want to see? Um, or do is it just kind of pieces highlighted? I mean, I it's more of a 10,000 ft view, I think, and that's why we exist to bring it down to a at grade view

cuz that's kind of my question is it might have just been as commercial because that's what it was zoned as. We've seen that in other areas. I think there was still one that shown as a it's like well in the future that's probably going to turn into residential. So I would rather see that get changed on our future land use the next time I go through and do this. Um so that's kind of what when this one came up I noticed it was not in line with our future land use but I saw kind of like as Kate is seeing where it is kind of on that transitional you have um all the residential just to the north of it and even across the street. Will it remain that forever? I'm not sure. Um the walls are very unpredictable,

right? Yeah. I mean, I suspect the reason that it was shown that way on the future land use map is because it's highway frontage, you know, and highway frontage is where commercial stuff happens. Now, you know, is that right or wrong? I guess if we determine, you know, if we if you make a finding that that's what you want to do, you need to you're going to be amending the Yeah. directly across the street is residential. Well, I agree. Even on the future. Well, there's even one you got the bark house there. Um, you know, there's spotted residences along there. I mean I mean there's

a lot of this was kind of split up because there was no sewer and water out there from till the n or late 90s I think I believe it was when the sewer and water went out there to the to the east and you know so yeah and then when they came in and improved the highway then it changed things but there's still a lot of residentials uh spared right in between all those and and I you know

someday somebody wants that for you know commercial development they'll just come and buy all the houses and you know the change you know I mean that's if somebody gets the appetite to do that that's that's what'll happen but I think right now the way it sits to me with the residential behind and uh some residential across the street across the street that just to plant that way

and to change it to that I think that I guess that's my opinion that you you know you got it already around it that I understand what you're saying but when that comes about somebody's going to get a nice poliola from you know buying their houses and stuff and or whatever is out there and they'll turn I express my opinion I know no I I I understand what you're totally saying but I think a lot of this came about because you know until we had sewer and water out there there was already a mixed use type of a situation So, it's definitely a transition spot. I mean, it is. It's a parcel that would suit either way. Yeah.

Yeah. I think I agree and disagree on a lot of levels. I think overall it's clearly the transitional area, right? And it's a challenge and I know kind of speculating as we move forward, right? I like the plan of survey that provides access from highway 3, right? So that's not this agenda item, but it's an agenda item to talk through. So I kind of like that combination of frontage to that area in the back. I think that makes sense. Um, moving forward regardless of zoning. Um, and to kind of circle back to what we talked about, um, it was a parcel by parcel by parcel when we looked at future use. I think that's um there's other challenges to the future use land. I think if this was an island or other areas around it were not matching but be a transition I feel I support the idea that it could go either way and in this current discussion I think uh it's attractive to do the combining that's uh proposed here later on the agenda. That's my two cents. Well, if there's no other comments, um I move that the planning and zoning commission recommend approval of the reszoning, amending the zoning map, and amending the future land use map to the council.

Second. All right, it's been moved and seconded. I'm going to go ahead and do a voice vote, but we'll plan accordingly here. So, all in favor say I. I. Any opposed? I

thank you. That motion still passes. Thanks for the discussion. All right. Item F, under regular business. We'll continue our discussion on this in a little bit. Um, so this one's the PLA survey, approval of applied survey. Paige, can you talk us through any other details on this agenda, Mal?

Um, yep. It's uh continuation of that reszoning. Um, this lot now is proposed to be separated into um a west lot and a east lot. The west one will be combined with the other two properties owned by Inger Soul to the south of it to create one big lot. Okay. All right. Discussion of the commission here. I'll start again. Um, sure.

I think this is a great idea. We're getting, you know, doing something with this property. Um, I I look at the parcels and my, you know, my concern is to make sure that they've all got access to sewer, water, and and on and off streets and that kind of thing. There's one piece of property on here that is served with utilities through the site and they're not a part of this thing and that's the northeastern Iowa Senate site and they get their sewer and water through these properties. Wait, wait, wait. We're on the We're still on the What's that? We're on item one. Are you We're on the plan of survey Friday.

Oh, I'm sorry. Excuse me. You're good. Okay, no worries. Do you want to start on this one? Refresh his mind on this one. I I I jumped ahead on the agenda. I Okay. I I apologize completely. Yeah. You're excited for that one. I So, sorry. No worries at all. It's a teaser. You had me worried there a little bit talking about utilities going from one to the next. I'm sorry. I missed.

Yeah. All right. We don't get a whole lot of comedic moments here, so I apologize. No worries. More better. All right. Um, so I know we talked about this a lot on our previous agenda item. Um, is there any anything on the plat survey that warrants some discussion here? I think it gets points for being the most unusually shaped part one we've seen in years. So maybe for the next agenda

and you know I think with the passing if we have something like this um we don't have a whole lot of lots in town that would allow for like the ADUs and things like that by creating a bigger lot like this. It would be interesting to see um if they choose to age in place and if there eventually has an ADU on that site or anything. Um that was just one of the things I thought of as I was going through our comp plan and looking at them. Okay. Well, there's no further discussion. And I would ask for a motion. I move that the planning and zoning commission recommend approval of the plat of survey creating parcel AC and parcel A D from 1705 East Bamer, parcel ID 0901176023 and 1615 East Bamer Avenue, Wley, Iowa to the city council.

Second. All right, it's been moved and seconded. All in favor say I. I. Any opposed? Hearing none. That motion passes. All right. Item two in our regular business is the plan of survey creating parcel NN and O and PP in QQQ at 106. Thank you very much. Why do we do that? It's interesting. I don't know. That's an exam I think. Yeah. Yeah. That's I'm not sure how the lettering system works. Do you want me to go ahead? Yeah. Okay. Going through that.

Okay. So, um as you'll see, LSI requested this plat survey um with parcel all of those parcels. Um their intention would be to sell off three of them for future development while retaining that ownership of the PP. Um, we've been back and forth um, several times. I know Ian has been meeting with staff in various conversations um, on different layouts and on the utility and access and all those um, aspects of this. Um, the north lots I believe are two right now. Um, we imagine those would probably be commercial asis. They've got access points already. um a utility easement was put in along the north side of that to serve those lots. That middle lot, they will retain ownership for their business operations. And then that leaves that south um 12 some acres of parcel Q. More than likely would be sold to another developer for probably a residential development of some sort. Um so there's an access easement coming off of I need my map up. 16th

off of 16th and then we'll drop down into that parcel QQ. That was something that came from the recommendation of city staff based off of we wanted that to line up with that existing 2nd Avenue Southwest as it is already. They didn't want a midblock road going into that parcel Q. Um there have been easements created for um public water lines for a blanket easement for all of the sewer because there's a lot that we don't necessarily know where exactly everything's at. Um so that covers all of those sewer lines. Um is there any easements I'm forgetting? I guess I'll leave it at that and then you guys can go on with your questions and we can help address them.

Sorry, I didn't look closer at this. Um, so the current zoning is R2, R3, R3, I believe. Okay, R3. And then I was just glancing at future is okay. Now I'll ask the question. Future shows it as public. Um, and so I think that one was left as public because of the uh what was operating out of there. Okay. How are the sewer and water to the northeastern Iowa Senate building handled easement wise? Cuz they go across. Is that this little Yeah, that's that's I mean that's a piece that was sold off. It's not part of this.

Correct. And that was something staff was very um adamant about that we keep those easements in place to protect their water. I mean they're they're not shown on the plat of survey and that's what raises questions in in my mind you know um you know they sell a parcel off and you know they they sell um whatever the ones the one that fronts uh N and O

yeah they sell N O and O and N or N and O whatever they sell those off and and basically um well and in a corner of of P uh provides access for sewer and water to that building and they plan to be there a while I hope. So how is that covered? So the e this plat only shows public utilities. Um the easement documents will be recorded uh right after this plat survey would be. So those are all covered with

So the the utility map that's with this are is that sewer that goes from Bremer Avenue south and and west is that actually public sewer running through the property? There's none right now that goes along there. The new development will put in a new sewer line. Oh along that north side that the S SW18 those manholes don't exist right now. Oh, let me see where we're at on the utility map. That green sewer line that runs from from northeast to southwest of the building. Did we determine if that was I think that was private.

It is private. It took off our lead that comes into the campus. Okay. So, I I was I mean that's the question. Is there an easement that that is going to stay in service to the Northeastern Iowa Senate building? Yes. And the same way with their water and also then the sewer that comes up to the line center there's no easement shown on those either for that. And I that was the big question I had in my mind. Yes. You know are those going to be maintained and get recorded with this plat of survey? Yep. Okay.

Yes. They will be recorded probably a day after this because um the some of the easements include the private and public. So for the public ones, we want to reference the platus document number in the easement. So one of the I mean I I will admit one of the initial questions I had for Paige where I first saw this, it's you know splitting up a hunk of property into five lots. Why isn't it a subdivision? and she referred me to another section. And I guess, you know, um we will probably or likely see subdivision plats for these big parcels or site development plans for these big parcels sometime.

Yeah. For and for the north ones, um I don't know if you guys can speak on if there's been any interest or not. Um you know, we went back and forth with Yeah. how much of a subdivision, how small to divide them into, because more than likely if they went a lot smaller, then you're going to be combining some lots back together for some of that commercial development. Um, and so with talking with our attorneys, as long as we had um we can leave it the bigger lots because we didn't want a road going through that north side. We don't want that to be divided further and show a road and um things to run through there. So with the utility accommodation along the north for new utilities to go in as well as that uh we confirmed with DOT to have an access to that parcel NN from Highway 3. That NN could potentially be split into two and they might have to bring that access down and culdeac it if two businesses um are located within there. Um and yes, parcel QQ, we imagine they'll come back with a preliminary and final plat once um that gets completed.

So if if the developer of NN wants to split that, it can be done through a plat of survey process again. So your daisy chaining splits, right?

Not sure that is a good idea, but I'll have to see what happens. going to spread where the culver is coming in or not. I mean kind of like what was one that recently trying to think of one that cuz like where Starbucks I mean I know they did a full subdivision build out and then they platted off another separate small one but yeah I don't know they did do they have the ability to buy that corner I mean if somebody bought him in what's that

would they have the ability to buy the corner that you know used to be curved. The street used to be curved through there. Do they have the ability to buy that from the DOT? Yeah. Uh on that northwest Mhm. No. Why is that roundabout? Oh, I mean they can buy N. Are you talking about that actual curved rightway part or I guess I'm not sure. Yeah, the old right away from the curve street. Can somebody buy that uh to add on to the this? I don't think the DOT would do that. No, I can't imagine them doing that. But in our talk with them, it didn't sound like they would. No.

Um, they was concerned about access off that corner. So that's they want they can go all of that. That's what they want to keep. Yeah. Um, again on the utilities that utility drawing, we're not you're not 100% certain those pipes are shown as they're shown. Is that correct? One of the issues.

Correct. And not all of them are shown. All of the water lines showed on that were located. Um, we just believe that there are costs of the corner. Yeah, I know how that stuff evolves. Yeah, we know we were buying old stuff from the buildings that weren't there. We're just not sure exactly how all those lights will trace out. You know, you've got a hundred years of campus. Things get added up all the time. Tough spot. What was your comment?

What's that? What was your comment? When you have a hundred years of campus evolution, things happen.

It's probably more than that. Probably 160 years. Um, okay. I I'll make a motion. I move the planning and zoning commission recommend approval of this plat of survey creating N OB and parcel QQ located at 1066th Avenue Southwest. Um, I'd like to have some language. I I continued upon recording easements to preserve service to the um outlined parcel northeastern highway send.

All right. Do we have a second? I'll second. All right. It's been moved and seconded. All in favor say I. I. Any opposed? Hearing none. That motion passes as well.

All right, moving to item G. Paige, any staff updates? Um, I do. Um, the Iowa State Extension Outreach has their introduction to planning and zoning workshops. Um, dates out now. Again, um, I can email these out to you guys if anybody's interested in going. Um, we didn't go last year. We went the year before. Um, but I'll send some dates. There's two that are, um, I chose the two closest ones, I guess I should say. Um, and if anybody's interested, we can get a group together to go. What are the two closest ones?

Um, April 1st is a Wednesday is in Decor and then there's a Tuesday that is that a joke? What' you say? Is it a joke? Took me a minute, too. Um, then April 21st is a Tuesday. There's one in Conrad, Iowa. In where? Conrad. Center. Conrad. Right. Ranch. You're kidding. Center. There's a nice city hall in Conrad that's got a museum in it. That house was turned into a nice little center north of town. The retreat center. Okay. Well, it's that retreat north of town. Mhm. Well, there is one there.

Oh, yeah. It's like a It's a event venue. It is. Yeah. It used to be a house for couple. Yeah. So, that's all I've got. I'll send those new out there that's I mean, is there anything new that would be coming down that would be worth going? Um, I don't know if they'll give more information on um the ADUs. I know there's potentially some new legislation changing with those. Um, I don't know if they'll talk more about that practical difficulty for board of adjustment side of things for variances. Um, it's not a lot. Well, that's what I mean. You know what?

No, I don't know. Pete, were you on here before when we went? So, I figured we had some new members here and on the board that if they wanted to go, then they are sure welcome to. Um, even council members would be able to go if they wanted to. So, it's not a need. April 1st won't work. So, okay. I'll be in Florida. Gotcha. Gotcha. Babysitting. April 1st is in Dora. Yeah. And there's no virtual options, I take it. No.

No. I don't think so. That's a good question to see if they would ever offer it virtually. If enough people ask, maybe they would. Maybe. How would Conrad get any any people come to see it? It's at Grunty Grundy Center City Hall in Conrad. Oh, Grundy Center City Hall in Conrad. That's what it is. Correct. That's a little That's a little hot. That is a little hot. I just looked at this. If it's in it's in it's either in Grundy Center or Conrad. It can't be center hall would be on Hawk campus.

So I'm curious to see it on this sheet. It just says Conrad. So I didn't look up the specific details. I just did a search for it and it says Granny Center City Hall. So yeah, it can't be that if it's Conrad. Um but it says Conrad. So we would have to get clarification on that location of it. Good to know. Yeah, we'd appreciate the email. Anything else? You said no. No, that's it. Uh, commission updates. I don't have any. Does anyone else anything cooking for the future?

I feel like yes, but I don't remember off the top of my head. Um there is something because Pete with board of adjustment stopped in and I said you will have a mark. So it's a special provisional use. Um I it's gone. That's okay.

I'll get out. Um what did you guys think about was this helpful at all that I sent you guys as far as kind of comp plan stuff? Did you guys like that? Okay. So, I'll try to do it more going forward just so we are making sure that we are consistent with some of those uses in our comp plan and our housing study and everything we've done. Make sure we're using it so it doesn't just sit on the bookshelf. That is a good note by the seat of our fans. Yeah. Helps with the decisions. Okay. What is our comp plan about? We just approved it. Um I think it was finalized the winter of 22. Okay.

I think probably be looking at next year then, won't we? So, that's a fiveyear thing. Yeah. And I asked last time who if if I'm supposed to reach out once that time comes to start reviewing and they said nope, they let us. I'll I'll verify when we'll start working on that. Um, again, zoning code, we're hoping to get in the budget to do a rewrite of zoning and subdivision codes. Um, that last budget work session is this weekend. So, um, next week I should know if we've still

So, it hasn't been cut yet. Okay. I'm told it won't be cut this year, Tim. Nope. Um, yeah. No, it has not been cut yet. But we'll see after Saturday's meeting. How bloody is it going to be Saturday? What's that? How bloody is it going to be Saturday? I don't know. Well, just wait till next year. All right. We all are. Thank you.