Planning and Zoning Minutes April 1, 2008
NORTH LIBERTY PLANNING COMMISSION
April 1, 2008
At 6:30 p.m., Chair Roy Romans called the meeting to order.
Commission members present: Daniels, Foresman, Mausser, Peters, Romans, Wilkerson; absent: Richey.
Others present: City Administrator Ryan Heiar, City Attorney Scott Peterson, City Engineer Kevin Trom, City Planner Dean Wheatley, Duane Musser, Tom Salm, Arie Hovenkamp, Cindy Parsons, Dominic Mininni, Brian Crawford, Tim Lehman, Kevin Lehman, Kevin Hochstedler and other interested parties.
PUBLIC COMMENT. None.
Richey arrived at 6:31 p.m.
REVISED SITE PLAN: Request of Hazel and Dominic Mininni to revise the approved front elevation of the NAPA Auto Parts building on lot 23, Corridor Commercial Addition, Part 2A.
Staff Review.
Wheatley presented information regarding the requirements of the original site plan versus the actual construction. The gable end of the building was supposed to have been brick, but was built with lap siding and painted blue. Several alternatives were proposed with painted lap siding. The building materials list shows the front of the building is to be brick.
Applicants Presentation.
Cindy Parsons, the attorney for Dominic & Hazel Mininni referred to letter submitted to the Commission. She stated that the issue relates to color and materials. Parsons reported that installing brick on this portion would require engineering and reinforcement. The color was changed on gable. The material used is cement fiber siding. Parson’s client prefers to leave it the blue color.
Duane Musser, consultant on the project presented a letter from Mike Hodge, the original developer of the subdivision and photos of other buildings in subdivision.
Dominic Mininni, the owner of the building stated that he did not intentionally do anything.
Public Comment.
None.
Questions and Comments.
The commission discussed the proposal at length. The Commission discussed precedent and intention. The original building permit stated that the entire building was to be brick construction. Structure versus aesthetics was discussed. Mausser recalled that the cement board siding would have a brick façade to correspond with the remainder of the building to have a brick face on the entire side facing Hwy 965.
Recommendation to City Council.
Peters moved to recommend denial to the City Council, Richey seconded. After discussion, the vote was: ayes – Romans, Daniels, Mausser, Wilkerson, Peters, Richey; nays – none; abstain – Foresman. Motion carried.
SITE PLAN: Request of Marsha J. Linder to approve a site plan for an addition to the existing Linder Tire building at 55 Commercial Drive, proposed Auditors Parcel #2007131.
Staff Review.
Wheatley reported that the developers have worked with staff. The building has 60% masonry component. The applicant has requested a masonry offset for outdoor storage and dumpster enclosure to make up for the masonry component requirement.
Applicants Presentation.
Brian Crawford from McClure Engineering presented the application. The owner plans to increase from three shop bays to six shop bays, expand office facility and display area. An additional access to Commercial Drive is planned to increase traffic circulation.
Public Comment.
None.
Questions and Comments.
The Commission discussed the possibility of additional access on Commercial Drive through to Zeller or through the quilt shop parking lot. Discussion was held regarding green space additions and additional landscaping along Highway 965.
Recommendation to City Council
Wilkerson moved, Daniels seconded to recommend approval to City Council as submitted. After discussion, the vote was: ayes – Wilkerson, Peters, Richey, Daniels, Mausser, Foresman, Romans; nays – none. Motion carried.
CONDITIONAL USE: Request of Marsha J. Linder to approve a conditional use application for outside storage within an enclosed area at the Linder Tire building site, 55 Commercial Drive, proposed Auditors Parcel #2007131.
Staff Review.
Wheatley presented that this is a hard surfaced, screened on all side outdoor storage area.
Public Hearing.
Mr. Linder reported that the tires will never be seen. Tires are rotated out every two weeks.
Applicants Presentation.
Brian Crawford presented the applicant’s request for outdoor enclosed storage of tires.
Public Comment.
A letter from an objector to the outdoor storage component, Hawkeye Real Estate Investment Co. was introduced.
Questions and Comments.
The Commission inquired as to what the structure will look like aesthetically. Crawford reported that the structure will not be visible from Hwy 965. After working with city staff, the applicant proposed a split face block structure six feet high, twenty feet by twenty feet in side open only on the side adjacent to the building. Tires are currently stored in a trailer. Tires would never stack higher than the fence. The issue of mosquitoes and tire storage was discussed.
Recommendation to Board of Adjustment.
Richey moved to recommend approval of the application to the Board of Adjustment with not stacking above wall level and resolving any mosquito problems in a timely fashion, Wilkerson seconded. After discussion, the vote was: ayes – Mausser, Romans, Richey, Wilkerson, Foresman, Daniels, Peters; nays – none. Motion carried.
PRELIMINARY AND FINAL PLAT: Request of Tim and Kevin Lehman to approve a preliminary and final plat for Cedar Estates subdivision to Johnson County, located generally east of the Cedar Springs additions. This subdivision is outside the corporate limits but within the 2-mile extraterritorial plat review jurisdiction of the city.
Staff Review.
Wheatley reported that this is located just beyond Cedar Springs. Regarding annexation, the City can’t accomplish it without creating island. In the near to midterm future, it will be difficult to extend water and sanitary sewer to that location. The city is seeking to obtain an agreement to annex of this property that would apply to future owners as well.
Applicants Presentation.
Tim and Kevin Lehman presented their application. They purchased this ground for subdivision. They intend to keep the last house and use other lots to build on while keeping the timber. The developer inquired about their questions regarding the agreement to annex. Wheatley spoke regarding the agreement regarding annexation. The subdivision will be built to county standards and grandfathered in when annexed. If septic issues arise, the subdivision could be required to hook into city’s sanitary system. Wheatley requested that these stipulations to be included in annexation agreement drafted by developer.
Public Comment.
None.
Questions and Comments.
The Commission discussed street standards, extraterritorial development agreements, and fire department accessibility.
Recommendation to City Council.
Mausser moved to recommend approval of the application to City Council with the requirement that an annexation agreement be executed, Daniels seconded. After discussion, the vote was: ayes – Peters, Richey, Daniels, Mausser, Wilkerson, Foresman, Romans; nays — none. Motion carried.
FINAL PLAT: Request of Arlington Development, Inc to approve final plats for Arlington Ridge Parts 4, 5, and 6, single-family subdivisions located generally north and east of Dubuque Street and south of North Liberty Road (East Penn Street).
Staff Review.
Wheatley presented information regarding the final plats.
Applicants Presentation.
Kevin Hochstedler, representing the developer, presented information regarding their application. The final plat is required to create a legal description.
Public Comment.
None.
Questions and Comments.
The Commission discussed bus access. Wheatley indicated that that discussion is appropriate at preliminary plat time.
Recommendation to City Council.
Wilkerson moved, Daniels seconded to consolidate agenda items 7, 8, and 9 the final plats for Arlington Ridge Subdivision, Parts 4, 5, and 6. The vote was: ayes – Wilkerson, Romans, Richey, Peters, Mausser, Foresman, Daniels; nays – none. Motion carried.
Mausser moved to recommend approval to City Council of the Final Plats for Arlington Ridge Subdivision, parts 4, 5, and 6 with the developers’ agreements being completed, Daniels seconded. The vote was: ayes – Mausser, Wilkerson, Richey, Foresman, Peters, Daniels, Romans; nays – none. Motion carried.
FINAL PLAT: Request of Liberty Centre Development to approve a final plat for Liberty Centre, Part Eight, a single-family (32 lots) and duplex (one lot) subdivision located generally east of Jones Boulevard between Cherry and Zeller Streets.
Staff Review.
Wheatley indicated that construction plans have been approved.
Applicants Presentation.
None.
Public Comment.
None.
Questions and Comments.
Developer’s Agreement will be required for this subdivision as well.
Recommendation to City Council.
Daniels moved to recommend approval to the City Council with the requirement of a developer’s agreement. Wilkerson seconded. The vote was: ayes – Romans, Daniels, Mausser, Wilkerson, Peters, Richey, Foresman; nays – none. Motion carried.
ORDINANCE AMENDMENTS: Discussion and possible action on the following proposals:
Applicant Standing amendments to Subdivision Ordinance.
Staff Review and Recommendations.
Ordinance creates definition of what good standing is.
The Commission discussed the proposed ordinance recommendations regarding applicant standing. These amendments address unmet conditions in previous subdivisions being reason to hold up future developments to ensure compliance.
After significant discussion, the Commission asked for:
- Definition of development activities more specifically
- Language amendment regarding Council overturning City Administrator. Language requiring that the City Administrator will act in good faith according to the decision.
The Commission directed staff to made modifications to the ordinance amendments and bring them back to the Commission in May.
MINUTES
Mausser moved, Wilkerson seconded to approve the minutes of the March Planning and Zoning Commission meeting. The vote was: ayes – Foresman, Mausser, Richey, Peters, Romans, Wilkerson; nays – none; abstain – Daniels. Motion carried.
OLD BUSINESS.
None.
NEW BUSINESS.
Wheatley discussed the 25% masonry requirement on corner lots in single family residential subdivisions. The Commission discussed the requirement relating to major and minor streets. The Commission requested that this be an agenda item for discussion at the next meeting.
CASES UNDER DEVELOPMENT
Chairman Romans presented the following pending cases:
REVISED SITE PLAN (Pending submission of site plan): Request of United States Post Office to allow for the storage of postal vehicles in the C-2-A district at 75 Commercial Drive, Lot 1 of Green Subdivision.
SITE PLAN (Pending various agreements, payment of fees, and easement issues): Request of CJ Construction Inc to approve a site plan for property located at Lot 2 North Park Subdivision.
CONDITIONAL USE (Pending corrected site plan): Request of CJ Construction Inc to approve a conditional use for outside storage for property located at 955 236th Street, Lot 3 Deerfield 1st Addition.
ADJOURNMENT
At 8:25 p.m., Peters moved, Richey seconded to adjourn. All ayes. Meeting adjourned.
