Planning & Zoning Minutes February 3, 2009

North Liberty Planning Commission
Minutes
February 3, 2009

Chair Mausser called the meeting to order at 6:30 p.m. Commission members present:  Foresman, Haack, Mausser, Moore, Wilkerson; absent: Peters.

Wilkerson moved, Moore seconded to approve the agenda.  The vote was: ayes – Wilkerson, Moore, Mausser, Haack, Foresman; absent – Peters. Motion carried.

Others present:  Dean Wheatley, City Planner; Scott Peterson, City Attorney; Kevin Trom, City Engineer; Tracey Mulcahey, City Clerk; Corinne Lemmage;  Glen Siders; Jason Dumont; Karla Davis; Brian Crawford; Kelly Beckler; Paul Schultz; Bud Stein and other interested citizens.

Public Comment. No public comment was offered.

RL Rental Subdivision Final Plat. City Planner Wheatley presented the request of Robert and Robin Schulty to approve RL Rental Subdivision, a 2-lot resubdivision of existing Lot 5, Deerfield First Addition, at the northeast corner of 240^th Street and Progress Street. The preliminary plat was recommended for approval with no conditions at the January meeting.

Wheatley reported that the application meets all requirements of final plat. Staff recommends approval.

No applicant’s presentation and public comment were received.

The Commission inquired about the private storm sewer agreement on the property.  Staff reported that the developer’s agreement will address the issue.

Haack moved, Wilkerson seconded to recommend approval of RL Rental Subdivision Final Plat to the City Council. The vote was: ayes – Mausser, Foresman, Wilkerson, Haack, Moore; nays – none; absent – Peters. Motion carried.

Autumn Ridge Subdivision Rezoning. Wheatley presented the request of Autumn Ridge Partners, LC to approve rezonings for property generally south of Zeller Street and west of Front Street, from RM-8 (multi-family), RM-12 (multi-family), RD-8 (duplex), and P (public) to RS-6 (single-family), RD-10 (duplex) and P (public).  Staff recommends approval. The application is in general conformance with the Comprehensive Plan.

Glen Siders, Autumn Ridge Development, presented the rezoning request.  They propose to reduce density by about 65%. Siders requested a favorable recommendation

No public comment was received.

The Commission discussed the change in the density of development.

Wilkerson moved, Haack seconded to recommend approval to the City Council of Autumn Ridge Subdivision rezoning requests for property generally south of Zeller Street and west of Front Street, from RM-8 (multi-family), RM-12 (multi-family), RD-8 (duplex), and P (public) to RS-6 (single-family), RD-10 (duplex) and P (public).  The vote was ayes – Moore, Haack, Mausser, Foresman, Wilkerson; nays – none; abstain – Moore; absent – Peters. Motion carried.

Autumn Ridge Preliminary Plat. ­ Wheatley presented the request of Autumn Ridge Partners to approve the Autumn Ridge preliminary plat for land recently reviewed as the Alberhasky Farms Preliminary Plat, located generally southeast of the intersection of Zeller and Front Streets.

Staff recommends approval of the plat with the following conditions:  1.  The plat is revised to show storm sewers and intakes to collect back yard drainage and to set elevations in the backyard drainageways in areas identified by the City Engineer, in order to avoid future storm water problems in this relatively   flat area, and  2.  That a mid-block crossing is established, running east from South Stewart Street to the school lot, and located generally between lots about halfway along the Allie Drive north-south length. This walkway is preferred to be platted as outlot(s) and transferred to the school for ongoing maintenance, but may also be a more traditional easement pedestrian way.  Provisions for ownership, cost of installation, ongoing maintenance, and liability need to be recorded prior to or concurrent with the final platting of the pedestrian way. The walkway is to be six feet wide, centered in a 15 foot-wide easement.  Item number 1 can be addressed at the Construction Plan approval phase of the process rather than with the plat per the City Engineer. Wheatley stated that the notes in the report are included for tracking of issues.

Glen Siders, the developer, presented the plat.  The developer does not have a position on the installation of the mid-block crossing. This is an issue between the school and the City. He reported that if the city insists that the walk is installed, he would propose a six foot walk in a 15 foot easement maintained by adjacent homeowners not the school.  He asked for favorable recommendation for the plat.

Paul Schultz, Physical Plant Director for the Iowa City Community School District, expressed security concerns having sidewalks connected to adjacent neighborhoods.  The property is fenced to keep people off property. Only allow one access point into school, through the front door is planned.  Schultz stated that installing the sidewalk will result in moving the fence and reducing the play space. The school district is attempting to make sites more secure for children.

Discussion was held regarding the fencing and sidewalk connection with regards to security versus walking distances.

No public comment was received.

Wilkerson moved, Haack seconded to recommend approval of Autumn Ridge Preliminary Plat to the City Council with the following conditions:

1. That a mid-block crossing is established, running east from South Stewart Street to the school lot, and located generally between lots about halfway along the Allie Drive north-south length. This walkway is preferred to be platted as outlot(s) and transferred to the school for ongoing maintenance, but may also be a more traditional easement pedestrian way.  Provisions for ownership, cost of installation, ongoing maintenance, and liability need to be recorded prior to or concurrent with the final platting of the pedestrian way. The walkway is to be six feet wide, centered in a 15 foot-wide easement.
2. An extensive Developer’s Agreement will be required with this development plan, to include standard conditions as well as the following:
   1. Provisions for the continued maintenance of Outlots.
   2. Provisions to absolve the city of any financial liability whatsoever in the event that accelerated city approval of this development results in infrastructure or other problems that require remedial reconstruction or redesign.
   3. Provisions for ongoing maintenance of the storm water management features.
   4. Provisions for the developer to excavate the area south of proposed lots 14-16 to offset the loss of fill area the city intended to use in proposed Outlot B.
   5. Specifications and scheduling for screen planting to be accomplished along the south boundary of the plat.
3. Agreements or instruments for the various property transfers must be approved by City Council prior to any final plat approval.

The vote was: ayes – Haack, Foresman, Wilkerson, Mausser; nays – Moore; absent – Peters. Motion carried.

Iowa City Community School District Site Plan. Wheatley presented the request of the Iowa City Community School District to approve a site plan for a new elementary school development at the Autumn Ridge subdivision (formerly Alberhasky Farms subdivision), generally west of Front Street and south of Zeller Street. Staff has seen numerous variations on the plan with this being the best plan presented. The building meets city requirements including masonry.  Wheatley summarized the conditions proposed by staff.

Kelly Beckler, MMS Consultants, presented the site plan.   The school district is intending to let bids the day after the Council meeting and accept bids March 12.  The school is planned to be open by next fall.

No public comment was received.

The Commission discussed firetruck access, public bus stop accommodations on the site, and other concerns.

Moore moved, Foresman seconded to recommend approval of the Iowa City Community School District Site Plan for a new elementary school development with the following conditions:

1. Including a 6 foot-wide mid-block pedestrian access extended across the Autumn Ridge plat, from South Stewart Street to the school property, and that the access should be platted as outlots and accepted for ownership and maintenance by the school district. This recommendation is made on the Autumn Ridge preliminary plat report. To make that connection work, a connecting sidewalk should be shown on this site plan from the last outlot and extending south to the sidewalk at the front of the school building. It is assumed that the fence would move parallel to the walk to prevent the need for a gate.
2. An agreement should be developed with the school, to be approved by City Council with site plan approval, that includes the following:
   1. A written description of the on-site operational traffic plan that will provide free flow of traffic through the site at all times, especially during drop-off and pick-up times, that will prevent traffic from backing up off the school site and onto Birch Court and Front Street, and that proposes alternatives in case the plan does not work to the city’s satisfaction. Details of the plan should include monitoring and enforcement measures envisioned. The plan and ameliorative alternatives can be operational, programmatic or structural. The agreement shall state that should the on-site plan not prevent queuing on adjacent streets, the school district agrees to immediately correct the operational plan and/or provide structural capital improvements that will prevent the queuing, to the satisfaction of the City.
   2. Arrangements/obligations for ongoing maintenance of pedestrian way outlots.
   3. Since time constraints are forcing review and action on the plat and site plan outside the normal order for development, and design engineering and construction may lead to costly errors, language obligating the school district to accept the consequences of any such errors and hold the city completely harmless for any costs incurred to correct such errors.

The vote was: ayes – Foresman, Wilkerson, Moore, Haack, Mausser; nays – none; absent – Peters. Motion carried.

Corridor Ventures LLC Revised Site Plan. Wheatley presented the request of Corridor Ventures, LLC to approve a revised site plan for property located at the northwest corner of Penn Street and Highway 965. The owner is proposing an addition to existing Corridor Convenience Store on what is currently the parking lot. Would remove parking lot, addition that will look like existing bldg. Parking, setbacks are adequate.  Staff recommends approval with the inclusion of a bike rack.

Bud Stein from ESI presented the request on behalf of the owner. He requested a favorable recommendation.

No public comments were offered.

The Commission offered their support of the project.

Foresman moved, Moore seconded to recommend approval of Corridor Ventures, LLC revised site plan to the City Council with the addition of a bikerack. The vote was: ayes – Wilkerson, Moore, Mausser, Haack, Foresman; nays – none; absent – Peters. Motion carried.

Fox Valley, Inc. Rezoning Request. Wheatley presented the request of Fox Valley, Inc. to approve rezonings for property generally south of Forevergreen Road and west of Highway 965, from RM-8 (multi-family) to RD-10 (duplex) and RS-6 (single-family).  This is a down zoning moving away from multi-family to single family and duplex.  The density is decreasing and the style of housing is increasing.  The zoning will limit the number of units that can be constructed. Staff recommends approval with three requirements:

1. That development along the north boundary of the property (in the proposed RS-6 district) shall be limited to one dwelling unit per building and buildings shall be separated by sideyards averaging a combined twenty feet.
2. That each dwelling unit shall have access to a garage containing at least two side by side stalls.
3. That no final plat that contains more than eight single family lots or more duplex lots than will accommodate 52 housing units shall be approved for this property.

Staff included a note about sight distance requirements on Jones Boulevard. Wheatley reported that the sight issue has been addressed by engineer working on this case.

Jason Dumont presented the application for rezoning. The developer is planning seven single family & 21 zero lots.

No public comments were received.

Haack moved, Wilkerson seconded to recommend approval of Fox Valley, Inc. rezoning request to Council with the following requirements and note:

1. That development along the north boundary of the property (in the proposed RS-6 district) shall be limited to one dwelling unit per building and buildings shall be separated by sideyards averaging a combined twenty feet.
2. That each dwelling unit shall have access to a garage containing at least two side by side stalls.
3. That no final plat that contains more than eight single family lots or more duplex lots than will accommodate 52 housing units shall be approved for this property.
4. Note – sight distance requirements for the southern entrance onto Jones Boulevard have not been addressed despite repeated mention through previous rezoning, preliminary platting, and construction plan review.  A plat for this development will not be accepted until that issue is resolved.

The vote was: ayes – Moore, Mausser, Foresman, Wilkerson, Haack; nays – none; absent — Peters. Motion carried.

Minutes. Wilkerson moved, Moore seconded to approve the minutes from the January 6, 2009 Planning Commission meeting.  After discussion, the vote was: ayes – Mausser, Wilkerson, Haack, Moore, Foresman; nays—none; absent – Peters. Motion carried.

Old Business. Wheatley highlighted the comp plan process. .

Adjournment. At 7:45 p.m., Moore moved, Wilkerson seconded to adjourn. All ayes. Motion carried.  Meeting adjourned.