Planning and Zoning Minutes June 2, 2009

NORTH LIBERTY PLANNING COMMISSION
June 2, 2009

Chair Mausser called the meeting to order at 6:30 p.m. Commission members present: Foresman, Frost, Mausser, Moore, Wilkerson; absent: Haack.
Others present: Ryan Heiar, City Administrator; Dean Wheatley, City Planner; Scott Peterson, City Attorney; Kevin Trom, City Engineer; Tracey Mulcahey, City Clerk; Beth Saxton; Brian Crawford;
Duane Musser; Dave Lemons; Faye Swift and other interested citizens.
Wilkerson moved, Moore seconded to approve the agenda. The vote was: ayes –Moore, Wilkerson, Mausser, Foresman, Frost; nays – none; absent: Haack. Motion carried.
Public Comment. No public comment was offered.

Kum & Go, LC Site Plan. Wheatley presented information regarding the Kum & Go, LC site plan application for a new convenience store located at the northeast corner of Penn Street and KansasAvenue. Dave Lemons made the request of Kum & Go, LC’s application to approve the site plan for the construction of the convenience store. No public comment was received. The commission inquired about signalization at Lininger Lane and Kansas Avenue and complimented the developer on the project. Wilkerson moved, Foresman seconded to recommend approval of the Site Plan Application to City Council with no conditions. The vote was: ayes – Foresman, Mausser, Frost, Moore, Wilkerson; nays –
none; absent –Haack. Motion carried.

Creekside Commons, Part 2A Preliminary and Final Plat. Wheatley presented the request of Roller Development, LLC, to approve Creekside Commons Part 2A, a replat of lot 2, Creekside Commons, located east of Sadler Drive and west of city parkland, to create 3 new duplex lots and one multi-family lot. Brian Crawford, McClure Engineering, presented the request. No public comment was received.
The Commission discussed the down zoning.

Preliminary Plat.
Moore moved, Wilkerson seconded to recommend approval of Creekside Commons, Part 2A Preliminary
Plat to the City Council with no conditions. The vote was: ayes –Frost, Foresman, Moore, Wilkerson,
Mausser; nays – none; absent –Haack. Motion carried.
Final Plat.
Moore moved, Frost seconded to recommend approval of Creekside Commons, Part 2A Final Plat to the
City Council with no conditions. The vote was: ayes – Moore, Wilkerson, Foresman, Mausser, Frost;
nays – none; absent –Haack. Motion carried.

Creekside Commons, Part 2A Rezoning. Wheatley presented the request of Roller Development, LLC, to approve rezoning from RM-8 (multi-family) to RD-10 (duplex) for lots 1-3 of the new Creekside
Commons Part 2A subdivision (see item #4 above), located east of Sadler Drive and west of city parkland, to create 3 new duplex lots. Crawford referred the Commission to the zoning exhibit for information regarding the rezoning. No public comment was received.
Wilkerson moved, Moore seconded to recommend approval of the rezoning of Creekside Commons, Part 2A to the City Council with no conditions. The vote was: ayes – Mausser, Frost, Foresman, Wilkerson,
Moore; nays – none; absent –Haack. Motion carried.

Creekside Commons, Part 2A Site Plan Request. Wheatley presented the request of Roller Development, LLC, to approve a site plan for lot 4 of the new Creekside Commons Part 2A subdivision, located east of Sadler Drive and west of city parkland, for a new 4-plex. Crawford highlighted the changes to the back of the building including pitch and gable modifications and landscape additions. No public comment was received.
Mausser moved, Wilkerson seconded to recommend approval of the site plan request for Creekside
Commons, Part 2A with no conditions. The vote was: ayes – Wilkerson, Mausser, Foresman, Moore,
Frost; nays – none; absent – Haack. Motion carried.

Inter-City Industrial Park, Part 3A Site Plan Request. Wheatley presented the request of Quality Care & Storage to approve a site plan for additional mini-storage units at an existing site located generally north of Penn Street and west of Liberty Way. Brian Crawford presented information regarding the proposed facility. No public comment was offered.
Moore moved, Frost seconded to recommend approval of the site plan for Inter-city Industrial Park, Part 3A with no conditions. The vote was: ayes – Foresman, Moore, Frost, Mausser, Wilkerson; nays – none;
absent – Haack. Motion carried.

Fox Valley, Part 2 Final Plat. Wheatley presented the request of Fox Valley, Inc. to approve a final plat for Fox Valley Part 2, located generally south of Forevergreen Road and west of Jones Boulevard. Brian Crawford, representing the developer, presented information regarding the request. No public comment was brought forward.
Wilkerson moved, Mausser seconded to recommend approval of the final plat for Fox Valley, Part 2 with
no conditions. The vote was: ayes – Moore, Wilkerson, Mausser, Foresman, Frost; nays – none; absent –
Haack. Motion carried.

West Village Part 1 Final Plat. Wheatley presented the request of TGH Development, LC to approve a final plat for West Village Part 1, located generally east of the West Lake subdivisions. Duane Musser,
MMS Consultants, was present representing the developer. He had no additional comments regarding the proposed development. No public comment was offered regarding the proposed development.
Wilkerson moved, Frost seconded to recommend approval of West Village, Part 1 Final Plat to the City Council with no conditions. The vote was: ayes – Wilkerson, Mausser, Foresman, Moore, Frost; nays –
none; absent –Haack. Motion carried.
Fox Run, Part 13 Final Plat. Wheatley presented the request of DWG, LLC to approve a final plat for Fox Run Part 13, located generally north of the intersection of Scales Bend Road and Highway 965. No
public comment was offered.
Mausser moved, Moore seconded to recommend approval of Fox Run, Part 13 Final Plat to City Council with no conditions. The vote was: ayes – Mausser, Moore, Foresman, Frost, Wilkerson; nays – none;
absent – Haack. Motion carried.

Metal Roofing Zoning Ordinance Amendment. Wheatley presented the amendments to the Zoning Ordinance regarding metal roofing in single-family and duplex zoning districts. No public comments were brought forth. The Commission inquired as to the applicability of this ordinance to all roofing. The Ordinance Amendment is based on the standards found in the International Residential Code adopted by the City. Moore moved, Wilkerson seconded to recommend approval of the Metal

Roof Zoning Ordinance
Amendment to City Council as presented. The vote was: ayes – Foresman, Moore, Wilkerson, Mausser,
Frost; nays – none; absent – Haack. Motion carried.

Red’s Ale House Conditional Use Application. Wheatley presented the request of Faye Swift to approve a conditional use for an outdoor eating accessory use at Red’s Ale House, 405 North Dubuque Street. No public input was received. Staff recommends approval with the list of conditions in the staff report. The Commission inquired about the project including good neighbor meetings, appeals process, and fence details.
Foremsan moved, Mausser seconded to recommend approval of Red’s

Ale House Conditional Use
Application for Outdoor Eating Accessory Use to the Board of Adjustment with the following conditions:
• The conditional use is granted only to Faye Swift and Matt Swift, and any future owners must reapply
if continued operation of the outdoor eating/drinking area is desired.
• Any outdoor music must be maintained at no higher level than normal conversation, and no live music may be performed without a special permit from the city.
• All lighting shall be directed away from adjacent properties, and glare shall be controlled.
• No eating or drinking activities may extend beyond the designated fenced area, and the area shall be secured and managed so as to be readily accessible only from within the restaurant.
• The conditional use approval may be reviewed by the Board of Adjustment and may be rescinded or further conditioned for ongoing operation if justified complaints regarding the operation of this use are received by the city or if operational problems impacting adjacent properties are identified by the city.
The vote was: ayes – Mausser, Wilkerson, Foresman, Frost, Moore; nays – none; absent –Haack. Motion carried.

Red’s Ale House Revised Site Plan. Wheatley presented the request of Faye Swift to approve a revised site plan showing an outdoor eating accessory use at Red’s Ale House, 405 North Dubuque Street. Staff recommends approval of the plan with the condition included in the staff memo. No public comment was offered. The Commission offered positive support for the improvement to the neighborhood through this development. Frost moved, Foresman seconded to recommend approval of Red’s Ale

House Revised Site Plan
Application to the City Council. The vote was: ayes – Wilkerson, Moore, Frost, Mausser, Foresman; nays – none; absent – Haack. Motion carried. Frost moved to amend the motion to include the following condition: That the owner enters into an agreement and liability waiver with the city for continued use of the Front Street right-of-way, including recognition of the City’s ownership and continued right to
exercise full discretion for that area. The vote was: ayes – Wilkerson, Moore, Frost, Mausser, Foresman; nays – none; absent – Haack. Motion carried.

Approval of Minutes. Wilkerson moved, Moore seconded to approve minutes from the May 5, 2009

Planning and Zoning Commission meeting. All ayes. Motion carried.
New Business. Wheatley announced that this is Foresman’s last meeting. Reappointments and vacancies were discussed. Two positions are up for reappointment, Haack and Mausser. Two vacated positions are available for the unexpired terms of Foresman and Peters.
Trom explained the City Safety Committee and asked if any of the Commission members were willing to participate in the Committee. Frost volunteered to participate.

Adjournment. At 7:25 p.m., Wilkerson moved, Mausser seconded to adjourn. All ayes. Meeting
adjourned.