City of Waterloo, IA Planning, Programming & Zoning Commission, 12 Apr 2022

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From YouTube: Planning, Programming and Zoning- April 12, 2022

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Planning, Programming and Zoning- April 12, 2022

A

um We'll go ahead, then um the time is 401 we'll call. It call the regular planning, pre programming and zoning commission to order uh first item on the agenda is approval of this afternoon's agenda. Were there any revisions or discussion.

B

A

If not, do we have a motion to approve.

C

I'll make a motion to approve the gender.

A

Okay, is there a second second gilbert, all those in favor stay die.

A

Okay motion carried. Thank you all right. Next, we'll have approval of the minutes from the regular meeting on march 8th any questions. Revisions.

A

If not, do we have a motion to approve the minutes.

A

Okay, and is there a second.

D

B

A

B

A

State I I any opposed all right. Thank you. Motion carried next, we'll have the financial report for february. Please.

E

This is schrader with staff.

E

This would put us at 67 of the year and looking down through on the expense side. Most of them are under um there's one at 76., um that's purchases which those are things that sometimes are in advance. So that's not necessarily out of the order and on the revenue side, we're.

E

Looking pretty good we're renting properties is 84, so over revenue budgeted, 119 percent, um rent and property leases are under at only 28, but some of those rents are annual basis, so they could be coming in at any point as well. So, overall we're looking very.

C

Good, so what's 119 percent on the miscellaneous revenue? Quite often that is lower a lot lower.

E

119. I'd have to look into what the specifics were, but 119 on revenue side means we're doing good we're taking.

F

E

Than budgeted so generally, I would uh guess that the miscellaneous well, I think, the actual, like filing fees, go on a different line item but um like if we would to um copies. uh If we sell like uh copies of the zoning organs um things like that there are charges, so I'm assuming.

A

D

Fall under that, it's.

E

Not a very big budget anyway, so 119 isn't a lot when you're talking about 206. and 75 cents.

C

I remember we talked about it one of these last months and so yeah all right.

A

Any other questions.

A

If not, do we have a motion to ex place the financial report on file.

D

Ocean by showbird.

A

Thank you. Is there a second second.

C

A

Any opposed okay motion carried next we'll go to oral presentations. This is a time for anyone, who's on the zoom call, or here who's um here to speak on a an item. That's not already on the agenda! So is there anyone on the zoom call or by phone? That's wants to speak.

A

Okay and sir, are you here for an agenda item? Okay? Then we don't have any so we'll move on to new business. Then the time is 406 pm and a hearing is scheduled at this time for a request by mark moser to rezone 3.68 acres from a1 agricultural district to r1 cz, to allow for additional storage buildings and outside storage associated with a contractor business located at 4528 kimball avenue. This is on pages 8 through 17 of your packet.

A

At this time we should receive and place some file a statement of verification signed by patty mcgee stat, stating I patty mcgee do hereby certify that a copy of the attached letter, overview map, aerial map notice map and a site plan were mailed to individuals on the attach list. On march 28 2022 we have a motion to receive and place this notice on file.

B

So moved shelburg, okay,.

A

Second, second ewing, okay, all those in favor say die any opposed.

A

Okay motion carried so we'll have the staff report. Please.

G

This is blanco staff. The applicant is requesting to rezone the site in question to allow for the construction of a 56 foot by 72 foot, building a 12 foot by 30 foot, building two 20 foot by 77 foot, lean tubes and a 40-foot by 32-foot extension to an existing building to store vehicles and equipment in for their construction company mark moser construction and to allow outside storage of equipment and vehicles.

G

The site is predominantly surrounded by agricultural uses, with the exception of trinity, apostle parish and preschool zoned r1 cz conditional zoning district located to the northeast and vacant land to the north zoned bp business park, rezoning of the property to r1cz would not appear to have negative impact on the area as the construction business has been operating on the property since 2005 as a home-based business.

G

The proposed rezone area is currently zoned a1 agricultural district and has been zoned as such. Since the adoption of the zoning ordinance number 2479 in 1969., the church in the area was built in 1981 and, in addition, was added in 2005..

G

At this time there would not appear to be any need for screening. Rezoning of the property for the addition of storage buildings would not appear to have a negative impact upon drainage in the area.

G

This area to be rezoned is in the zone x, which is not a special flood hazard area, as established by the federal emergency management association, fema flood insurance map rate dated july 11, 2011.

G

There is no sanitary sewer or storm sewer serving this property power lines are located along the east and west sides of kimball avenue. The future land use map designates this area as business park, professional offices, commercial and compatible light industrial. This resonator request is, in conformance with the future land use map and comprehensive plan for this area. The site is located within the sec secondary growth area. The cz conditional zoning classification works to allow uses in unique locations or transitional sites between different land uses.

G

Staff is in support of the request, as additional buildings will provide storage for vehicles and equipment necessary to the applicant's construction company and help eliminate much of the outside storage area. The proposed buildings will be screened from kimball avenue and located behind the house in the rear yard. At tech review, knutson mentioned that a storm water detention plan would be required since they proposed additional buildings total over 5 000 square feet.

G

He also questioned whether hard surfacing would be required at this site because of the new commercial zoning shorter mentioned that hard surfacing would need to be discussed further. I'll have noted the applicant will need stamp drawings to receive a permit for the buildings.

G

Therefore, staff recommends the request by mark moser to rezone approximately 3.68 acres from a1 agricultural district to r1 cz, conditional zoning district to allow for the development of additional storage buildings associated with the contractor business located at 4528 kimball avenue be approved for the following reasons. The request would not have a negative impact on traffic conditions in the area. The request would not have a negative impact on the surrounding area, as the contractor business is currently operational at this site.

A

Okay, thank you. Any initial questions for staff.

A

Okay, if not we'll see, if mr mosher wants to address the commission.

A

H

Can you hear me.

A

Yep just state your name for the rest. Yes,.

H

I'm mark mosher. I live at the property, we're talking about. um I kind of just came because I didn't know if anybody had any questions or not, I didn't rep prepare a whole big talk or anything, but um I've lived at the property for approximately 30 years uh ran my company since I've been there um and just really want to put up some buildings to add some storage um so that I can put some stuff inside, and so I guess that's why I'm here.

A

Okay, does anyone unzoom or on the call, have any initial.

A

Questions. Okay, thank you.

A

Is there anyone else on zoom or by phone that is present to speak on this agenda item.

C

A

Do we have a motion to close the public hearing, then.

C

First thing I'll make a motion to close the public killing.

B

A

Okay, all those in favor state. I I any opposed okay, so the public hearing is closed.

A

Any additional questions, or do we have a motion.

D

uh This is showberg I'll, make a motion to approve the request by mark moyer to rezone approximately 3.68 acres from a1 agricultural district to r1cz conditional zoning district for the.

F

Development of additional storage.

D

Buildings associated with his business at 528 kimball avenue for the following reasons: the request do not appear to have a negative impact on traffic conditions in the area and the request would not have a negative impact on the surrounding area, as the contractor business is currently operational at this time.

D

A

Do you have a second I'll? Second, it surfing? Okay, all right! Any further discussion by the commission.

A

Okay, if not all those in favor say die.

A

Any opposed same sign, okay motion carried. Thank you, mr mosher.

E

That is just a recommendation, so it'll go on to the city council for the final decision, we'll let you know when we get that scheduled.

A

Thank you all right. Next item on the agenda is a request by viz llc to vacate portions of kimball avenue and san martin drive right away located in the c1cz conditional zoning district east of 1029 people's square at the northwest corner of the intersection of kimball avenue and san martin drive pages 18 through 26 of the packet. So we'll have the staff report. Please.

I

Just turn off a staff. The request to vacate would not appear to have a negative impact on vehicular traffic in the area, as the um vacated area is not needed for city right-of-way, the site of his own c1z, conditional commercial district that has been zoned asleep. Since adoption of zoning ordinance 3770 on march 4th 1991 was rezoned from c1 commercial district. They bring land uses and their zoning to the north commercial zone.

I

C1 commercial district to the south, san martin drive and commercial zone, c2cz conditional commercial district to the east's campbell avenue commercial and residential zone, c1 commercial district, r4, multiple residence district and r3, multiple residences, bringing to the west's commercials on c1cz, commercial, conditional, commercial district and c1 commercial district.

I

The pearls vacate would not have a negative impact on drainage.

I

There is an eight inch sanitary sewer line located in san martin drive a 30 inch six inch storm steward, that is in a 20 foot easement that goes diagonally across the northern portion of the property and 258 inch and 36 inch storm sewers. That start in the area to be vacated at the corner of san martin and kimball avenue and heads east.

I

There are is overhead electric lines located on the west side of kimball avenue. The applicants are requesting to vacate two sections of city right away at the corner of san marco drive and campbell avenue extract a new building that would place a building that was torn down.

I

um The applicant worked with the engineering department to determine how much right-of-way could be vacated and maintaining um existing utilities. um There are no sidewalks on either freed and it does not appear. The sidewalk should be practical in the area to be vacated.

I

Sight lines and utility access will be maintained, including overhead electric lines. Easement will be mean, be maintained for the sewer line located to the north and the overhead electric lines that run along campbell avenue on the complete streets. Advisory committee discussed the possibility of requiring sidewalks being on kimball avenue, but did not make a recommendation due to the fact right away in question was purchased from with state and federal funds. The city will have to follow special rules to for selling the property which includes contacting the original or the property, even if they are deceived.

I

Staff would also like to recommend that the option for the applicant to sign an encroachment agreement for the area instead and which be able to complete much faster than the sale process.

I

Therefore, staff recommends that the request of ak portions at kimbo avenue and san martin drive right away, be located in the c1cz connection edition conditional zoning district be approved for following reasons. The requests of ak would not appear to have a negative impact on the surrounding area.

I

The request vacay would not appear to have a negative impact on vehicular pedestrian traffic in the area and third, the area would be vacant is not needed for city right away with the following conditions is maintained for overhead electric lines in the sewer line um on the north side of the vacated area.

I

Also, the staff recommends a request for an encroachment agreement along the portions of kimball avenue and san martin tribe, right away located in the c1c conditional zoning district be approved for the following reasons. The request would not appear to have the negative impacts around the area. The request would not appear to have a negative impact. Vehicular pedestrian traffic in the area and the area is not needed for right away.

A

Okay, are there initial questions.

A

Is there anyone else on the zoom call?

A

Who is here to speak on this agenda item.

A

Okay- and we don't have anyone else in the chambers.

A

Any discussion or questions by the commission or is there a motion this.

E

Is schroeder with staff? I would note the applicants requesting the vacate, but, as was noted in the staff report, there could be some complications with an actual conveyance sale of the property, so it might be better for the applicant to proceed as an encroachment agreement. So we're just kind of you know from the planning commission's standpoint.

E

There really isn't a ton of difference between a vacator encroachment. It's you know essentially allowing that area to be used for something other than originally intended. As right-of-way and staff is okay. Based on the review of you know, what's going to be needed, there would still if it is vacated an easement retained or if it's an encroachment agreement, it still provides for the use of the area for the utilities as well.

A

This is commissioner wilbur. So, following up on that, note then like who covers the cost or any expenses with having to do like that title search or trying to locate those property owners? Is that the city or is that the property owner that's requesting it.

E

So in the past, when we've had to follow this procedure that follows its under section 306.23 of iowa code, the city will do the research work, but the applicant would have to pay for the appraisal, a pray for pay for any survey, work which survey work has already been done and then, of course, pay for the property in accordance with that process based on the appraisal.

E

A

Are there any additional or follow-up questions on that.

B

Yeah this is commissioner trost. um Could you clarify again? Why is the are you? Are you recommending that it be switched to an encroachment from an easement and what was the primary motivation behind possibly changing that again right.

E

So iowa code, section 306.23.

E

Dictates the sale of property that was formerly a highway public highway or had federal aid involvement in the construction of the roadway san martin drive was formerly a state highway. Kimball avenue was widened under interstate substitution, using federal funds, so both of those segments.

E

If we were to vacate it and then sell it to the applicant, have to follow that process of 306.2 which involve uh appraisal and then offering it back to the original property owner that it was acquired from, as well as other adjacent property owners and a provision for it being sold to whichever eligible bidder based on those criterias meets or exceeds the appraised value.

E

So it's a pretty complicated process and considering that they're only going to be partially extending some of the drive through laying onto it, it could be just as easily accomplished by an encroachment agreement which would keep it as public right away, but allow for that improvement to encroach out into the right-of-way.

B

Thank you for clarifying that. I appreciate that uh so. Therefore, if a motion were to be made, it would be staff recommend or that we'd recommend a motion be made to provide an encroachment agreement for the portions of kindle avenue and so on so forth. Is that correct, correct.

A

Any additional questions.

A

If not, do we have a motion.

B

um This is truth, I'll make a motion to approve a request to provide a encroachment agreement for the portions of kimball avenue in san martin drive right away located in the c1 cz conditional zoning district.

B

E

Vacate correct we'd prefer that that would approval would provide for either that way if the applicants determined that they're still in would prefer to go through that.

F

E

And purchase process, it's there, it'd be their option.

B

Okay, let me revise my motion, then um this is trost. uh I make a motion that uh a request to vacate or provide an encroachment agreement um be allowed for kimball avenue and san martin drive portions indicated in the proposal um from the right of way located in the c1 cz conditional zoning district be approved um with the following condition that the easements are maintained for overhead electric lines in the sewer line on the north side of the vacated area.

A

Okay, is there a second.

A

All right any for any discussion by the commission on the motion.

A

Okay, if not all those in favor state eye.

A

Any opposed okay motion carried.

A

Next item on the agenda is a request by the city of waterloo to approve an amendment to the martin road urban renewal and redevelopment plan and tiff district to enlarge the area included therein. Amendment number six, and this is pages 27 through 48 of the packet.

E

This is schrader with staff. We provided a memo discussing the proposed amendment as well as a map and the actual proposed amendment. Essentially, the proposed amendment does two things. The first is because the martin road.

E

Tiff district is considered a economic development area by state code. It has a 20-year sunset. The original portion of the martin road has exceeded that and is no longer in the tif district. Any of the increment that was created by development in that original area is released to the general fund, but the city of waterloo is proposing to put that area back into the tif district.

E

That does not affect the existing development which its value is in the base, but would capture any future expansions or redevelopments in that area, so that we could help encourage some redevelopment. That includes the.

E

Denso property, the far beverage site and o'neill steel, and there is some available room on those sites for some expansions or potentially some outlets on the west side of o'neill's steel. So that's why we're looking to put those in and then the other portion of the amendment will include the right-of-way of us-63 and the burns park. Golf course area for proposed burns aquatic center improvements being planned.

E

Any questions for staff.

F

Madam chair yeah go ahead: hey.

F

Part of that tif is expired and the money would be going in the general fund, and you want to re-put that area back into the tif. How much of taxes would we be losing compared to the businesses that are there? That would be actually benefiting the general fund.

E

This is schrader with staff, so the area reached its 20-year sunset.

E

I forget what year, but it was a year or two ago, so any of the increment that the original martin road tiff had created has already been released to the general fund.

E

So this proposal would not affect that all of the value for what's there now would continue as part of the base going towards the general fund and the other taxing entities receiving their portion. So it would only be any new improvements expansions that would create any new increment that would then be captured by the tiff in that new expanded area.

F

And I was concerned that it wouldn't affect any future budgets of. What's.

E

Currently, coming in correct, it would not affect what's currently coming in. No anything currently coming in would continue to come in. It would just affect based on any new improvements like if we got a new building west of o'neill or, if um you know far, did an addition.

E

That type of thing.

E

Thank you, sir.

A

Any additional questions.

A

If not, do we have an uh emotion.

A

D

I was looking for something to make the motion off of, but at the shelburg I want to approve the 2022 tiff district on martin road, as proposed in our packets.

E

That works just.

D

A

F

A

All right any discussion: okay, all those in favor, say, die aye.

B

A

A

Okay motion carried: uh did you get this? Did you get the second on that.

E

Yeah: okay, yes, okay,.

A

All right um I apologize, I forgot to at the beginning of the meeting we have a new commissioner, sam blatt sam is going to be our representative from the human rights commission, so sam. If you're, I'm sorry, I can't see everybody on the zoom call, but if you're on sam welcome we're happy to have you and if you have any questions, let us know but.

C

Thank you very much. I definitely might have some questions and I will not be afraid to ask. I appreciate it. Okay, welcome.

B

To the commissions now thank.

A

You welcome um next meeting will be may 10th. Is there? Are there any other discussion items before we adjourn.

A

C

Not is there a motion to adjourn.

D

Joburg so moved.

A

Any opposed all right, we are adjourned. Thank you. Everyone thank.

E