Planning & Zoning Minutes March 3, 2009

NORTH LIBERTY PLANNING COMMISSION
March 3, 2009

Chair Mausser called the meeting to order at 6:30 p.m. Commission members present:  Foresman, Frost, Haack, Mausser, Moore. Absent – Wilkerson

Moore moved, Haack seconded to approve the agenda.  The vote was: ayes –Moore, Mausser, Frost, Haack, Foresman; nays – none; absent – Wilkerson. Motion carried.

Others present:  Ryan Heiar, City Administrator; Dean Wheatley, City Planner; Scott Peterson, City Attorney; Tracey Mulcahey, City Clerk; Corinne Lemmage; Tom Salm, Brian Crawford, R. Dean Moore,  and other interested citizens.

Public Comment. No public comment was received.

Grand North Plaza 2^nd Addition Final Plat.

Wheatley presented the proposed re-subdivision request of North Six Development Company to approve Grand North Plaza 2^nd Addition Final Plat, a 2-lot re-subdivision of existing Lot 1, Grand North Plaza Addition, at the northeast corner of Pacha Parkway and Penn Street.  The owners want to have the pond as a stand alone outlot with the maintenance divided over all lots in the subdivision. Staff expressed concerns regarding maintenance of the lot.

Foresman moved, Moore seconded to recommend approval of the request of North Six Development Company to approve Grand North Plaza 2^nd Addition Final Plat, a 2-lot resubdivision of existing Lot 1, Grand North Plaza Addition, at the northeast corner of Pacha Parkway and Penn Street with the following condition:  That instrument(s) are recorded prior to or concurrent with the final plat, ensuring continued ownership and maintenance of the outlot by property owners in the Grand North Plaza subdivision.  The vote was: ayes – Moore, Frost, Haack, Foresman, Mausser; nays – none; absent – Wilkerson. Motion carried.

Inter-City Industrial Park Part 3A Preliminary Plat.

Wheatley presented the request of North Liberty Bicentennial Post No. 1976 and R. Dean Moore to approve the Inter-City Industrial Park Part 3A preliminary plat, a resubdivision of lots 1 and 2 of Inter-City Industrial Park Part 3, located on Penn Street generally west of Liberty Way. This subdivision creates two new lots with different configuration from two existing lots and will allow for additional construction on lot 1 and create a developable lot 2. Staff concerns include a shared access maintenance and control in developer’s agreement and storm water management issues. The developer’s agreement should be approved by City council prior to final plat approval.

Brian Crawford, McClure Engineering, presented the application on behalf of both owners.

Moore moved, Haack seconded to recommend approval of the Inter-City Industrial Park, Part 3A Preliminary Plat with the following conditions:  That a Developer’s Agreement including at least the following provisions be developed for the subdivision:

1. Provisions for shared access management and control.
2. Acknowledgement that storm water management will need to be met by the lot owners, and outline of how and where that management is intended to occur.
3. Acknowledgement that a revised site plan will be required for an additional development on either lot prior to issuance of building permits for any new structures.

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

Inter-City Industrial Park, Part 3A Final Plat.

Wheatley presented the request of North Liberty Bicentennial Post No. 1976 and R. Dean Moore to approve the Inter-City Industrial Park Part 3A final plat, a resubdivision of lots 1 and 2 of Inter-City Industrial Park Part 3, located on Penn Street generally west of Liberty Way. Staff is requesting the approval of a Developer’s Agreement by Council prior to final plat approval.

Haack moved, Moore seconded to recommend approval of the Inter-City Industrial Park, Part 3A Final Plat with the requirement of approval of a Developer’s Agreement, as specified in the preliminary plat report, prior to or concurrent with approval of the final plat. The vote was: ayes –Haack, Foresman, Wilkerson, Frost, Mausser, Moore; nays – none; absent – Wilkerson. Motion carried.

ID Interim Development Ordinance Amendment.

Wheatley presented the amendments to the use table for the ID, Interim Development zoning district, to clarify that agricultural outbuildings are permitted uses.  The current ordinance does not provide for authorizing operating farms in the city limits. Staff is proposing a minor amendment that would add Farm Buildings only relating to residential or agricultural uses.  The amendment also eliminates commercial grain storage. The commission discussed the current ordinance and discussed potential amendments.  The Commission seeks clarification regarding livestock uses as permitted versus conditional uses.  Staff will research and bring a revised document back to the Commission.

Conditional Use Zoning Ordinance Amendment.

Wheatley presented amendments to the Conditional Use section, deleting the requirement for the Planning Commission to hold public hearings in processing conditional uses.  The amendment will delete the public hearing requirement at the Planning and Zoning Commission level. A public hearing will still be held at the Board of Adjustment.

Haack moved, Foresman seconded to recommend approval of the Conditional Use Zoning Ordinance Amendment. After discussion, the vote was: ayes – Frost, Mausser, Foresman, Moore, Haack; nays – none; absent – Wilkerson. Motion carried.

Minutes. Foresman moved, Moore seconded to approve the minutes from the February 3, 2009 Planning and Zoning Commission meeting.  The vote was: ayes – Moore, Frost, Foresman, Mausser, Haack; nays – none; absent – Wilkerson. Motion carried.

Old Business.

Wheatley presented an update on the Fox Valley single-family side yard setback decision. Council approved the rezoning without the extra requirement for additional width in side yards, effectively reducing the requirement from 21 feet to 16 feet. A preliminary plat for this development has been submitted.

Wheatley presented information regarding the Liberty Medical and Commerce development rezoning. The zoning was a two part rezoning, both areas were rezoned to multi-family, one was to revert to commercial, one was to stay multi-family. Clarifying ordinance will go to council to make the zoning areas clear.

Adjournment. At 7:00 p.m., Foresman moved, Moore seconded to adjourn. All ayes. Meeting adjourned.