Planning and Zoning Commission Meeting

Cedar Falls Planning and Zoning Commission Regular Meeting April 9, 2025 Cedar Falls, Iowa MINUTES The Cedar Falls Planning and Zoning Commission met in regular session on April 9, 2025 at 5:30 p.m. at City Hall. The following Commission members were present: Alberhasky, Hartley, Henderson, Johnson, Moser, Sorensen (via phone), and Watkins. Grybovych and Stalnaker were absent. Karen Howard, Planning and Community Services Manager, and Chris Sevy, Planner II were also present. 1.) Chair Hartley noted the Minutes from the March 26, 2025 regular meeting are presented. Alberhasky made a motion to approve the Minutes as presented. Moser seconded the motion. The motion was approved unanimously with 7 ayes (Alberhasky, Hartley, Henderson, Johnson, Moser, Sorensen, and Watkins), and 0 nays. 2.) The first item of business was text amendments to the Zoning Code regarding outdoor swimming pool regulations. Chair Hartley introduced the item and Mr. Sevy provided background information. He gave a brief overview of the information presented at the last meeting regarding barrier requirements, setbacks and potential for an automatic/powered pool cover to substitute for the fence enclosure requirement. He discussed code definitions and references regarding placement of the pool, and cases where there is a double frontage lot. Mr. Sevy spoke about an example where the amendments would be helpful to the property owner regarding a potential automatic, powered pool cover, as fencing is not allowed in a drainage easement and the property contains one. The homeowner would like to install a pool but a fence would not be allowed in the area around the pool because a portion of the pool deck area is within the easement area so could not be enclosed by a fence. Based on the discussion and concerns expressed by the Commission at the last meeting, Mr. Sevy explained that staff has provided two options for the Commission’s consideration:  Option #1: to allow a pool cover exception as an alternative to the fence requirement.  Option #2: without the pool cover exception, where a fence would be required in all cases without exception. Staff recommends that the Commission discuss both options and make a recommendation on each of them to City Council. Henderson asked how frequently exceptions are made to the current code. Mr. Sevy explained that there really is no method of exceptions to the current code. Variances may be requested from the Board of Adjustment, but variances are very rare and unlikely to be approved. Johnson asked if there is just no type of fencing acceptable for drainage easements. Mr. Sevy stated that there is not because fences can act as a barrier to stormwater drainage, so obstructions of any kind are not allowed in drainage easements. Ryan Borgwardt, 4426 Wynnewood Drive, spoke as a homeowner requesting allowing a pool with an industry standard automatic pool cover and no fence. Dan Cheng, 1112 Cherrywood Place, spoke about having the fencing and the pool cover and how he would have preferred to just have the pool cover without the additional expense of a fence. 1  Steve Michalicek, Pool Tech, spoke about the International safety codes for fence height around a swimming pool. He also spoke about the auto-cover and the safety reasons why it should be sufficient. He submitted a hand-out that showed all the states and cities that have adopted regulations similar to what is proposed with an exception for automatic pool covers that meet a certain safety standard. Johnson asked what happens if the owner forgets to lock the pool. Michalicek stated that the cover is not just for safety. They keep UV rays from burning up the chlorine as well as keeping dust and debris from the pool. Also, if someone is willing to pay that much for a pool cover, they are likely not going to forget. Henderson asked about doors and latches for the fences. Michalicek discussed the requirements for the latching and noted that someone can just as easily unlatch the door. Ryan Borgwardt provided examples of how the safety cover is a better option than the fence in his opinion. Sorensen asked if the international code allows for covers without a fence. Michalicek stated that it is allowed. He also listed other Iowa cities that allow for this. Hartley made a motion to allow the exception for a pool cover. Henderson seconded the motion. Henderson feels that the safety cover is safer than the fence. Alberhasky stated concerns with the potential for human error with a pool cover. Henderson stated that she feels there is a risk either way. There could be the same human error with latching the fence. The motion to allow for a pool cover exception was approved with 5 ayes (Hartley, Henderson, Johnson, Sorensen, and Watkins), and 2 nays (Alberhasky and Moser). Hartley made a motion to allow a mandatory 4 ft. fence, with no exception for an automatic pool cover. Johnson seconded the motion. The motion was approved unanimously with 7 ayes (Alberhasky, Hartley, Henderson, Johnson, Moser, Sorensen, and Watkins), and 0 nays. 3.) As there were no further comments, Hartley made a motion to adjourn. Johnson seconded the motion. The motion was approved unanimously with 7 ayes (Alberhasky, Hartley, Henderson, Johnson, Moser, Sorensen, and Watkins), and 0 nays. The meeting adjourned at 6:15 p.m. Respectfully submitted, Karen Howard Joanne Goodrich Community Services Manager Administrative Assistant 2