North Liberty
PLANNING AND ZONING COMMISSION
Meeting Minutes
December 6, 2005

Meeting was called to order by Vice-Chairperson Osterholt.

MEMBERS PRESENT: Leick, Osterholt, Mausser, Diouf, Smith; absent—Sittig, Shrader.

ALSO PRESENT: City Administrator, Brian James, City Engineer, Kevin Trom, City Council members, Tom Salm and Gerald Kuhl; Mike Evans, Carter Kudrle, Duane Musser, Judy, Lindsey and Jeff Mekota, Mary Lou and Jim Poggenpohl, Lyn Caslavka, Robert Teneick, Dean Spina, Edgar Colony Family, Jim and Bev Seelman, Steve Miller, Colleen Chipman, Cindy Kasper, Betty Moey, Allan Marks, Byron Tinkey, Robert and Ray Parker, and other concerned citizens.

PUBLIC COMMENT: Bev Seelman wanted to reserve the right to speak during the Preliminary Plat when Glynmor, LLC comes before the commission later on this agenda. She also went on to address the commission on how the developer and her family have not been able to come to an agreement on the drainage issue on their property.

Betty Moey filed a petition with the commission. She also urged the commission to rethink each subdivision so in years to come we have a community that we can retire in and be proud of.

MASTER SIGN PERMIT: Request of Judy Ruggers for a Master Sign Permit located at 1215 Jordon Street. Leick moved, seconded by Mausser, to recommend to City Council approval of the request. After discussion, the vote was: ayes—Leick, Osterholt, Mausser, Diouf, Smith; nays—none; absent—Sittig, Shrader. Motion carried.

PUBLIC HEARING: Request of WML Development to amend their Planned Area Development to allow siding on the south side of the garages instead of the brick which was on the submittal of May, 2004, which is located on corner of Highway 965 and Fairview Lane. Public Hearing was open at 6:47 pm and there were no comments. Public Hearing was closed. The commission feels that the original plan submitted should be enforced Leick moved, seconded Diouf, to recommend to City Council that they deny the request. After discussion, the vote was: ayes—Smith, Mausser, Osterholt, Diouf, Leick; nays—none; absent—Shrader, Sittig. Motion carried.

PUBLIC HEARING: Notice of filing of Petition for Voluntary Severance Property located south of Forevergreen Road and east of Highway 965 to the City of Coralville. Public Hearing was open at 6:50 pm and there were no comments. Public Hearing was closed at 6:50 pm. Smith moved, seconded by Leick, to recommend to the City Council approval of the request. After discussion, the vote was: ayes—Smith, Mausser, Osterholt, Diouf, Leick; nays—none; absent—Shrader, Sittig. Motion carried.

PRELIMINARY PLAT: Request of Glynmor, LLC to approve the Preliminary Plat for Glynmor Addition, located west of Jones Blvd and South of 270th Street. Bill Lillis, an attorney for Glynmor LLC , addressed the commission on their effort to solve the drainage issue with the Sentman’s and Seelman’s with no resolve. They feel that an agreement will not be reached, and would like the Commission to approve the plat due to the fact they have done everything that the City as asked.

There was a discussion on the drainage issue what would work according to City Standards what is being demanded by the property owners.

There was a Petition filed at the meeting with the following request:
Table the discussion of the Glynmor Plat until:
a. The plat reflects the details that the City Council requested at its October 11th meeting;
b. An agreement is reached between the developer and the adjoining property owners regarding water run-off;
c. The North Liberty Park and Recreation Commission reviews the trail plans for Glynmor;
d. The North Liberty Municipal Election results are completely resolved.

Mausser moved, seconded by Diouf, to recommend to City Council that they deny the Preliminary Plat subject to an agreement being obtained with the developers and property owners on the tile and fencing issue. After discussion, the vote was: ayes— Mausser, Diouf, Leick, Osterholt; nays—none; abstain—Smith; absent—Shrader, Sittig. Motion carried.

FINAL PLAT: Request of McDonough Structures for a resubdivision of Lot 19, Deerfield 4th Addition, which is located east of Jones Blvd and west of Progress Street, off of 238th Street. Mausser moved, second by Leick, to recommend to City Council approval of the Final Plat. After discussion, the vote was: ayes—Leick, Osterholt, Mausser, Diouf; abstain-- Smith; nays—none; absent—Sittig, Shrader. Motion carried.

PUBLIC HEARING: PLANNED AREA DEVELOPMENT. Request of McDonough Structures to approve a Planned Area Development to construct three buildings for contractor bays, located on two smaller industrial lots, which this lot has an approved Conditional Use Permit from May 2005, which are located on Lot 19, Deerfield 4th Addition, which is east of Jones Blvd and west of Progress Street off of 238th Street. Public Hearing was open at 7:31 pm and there were no comments. Public Hearing was closed. Mausser moved, seconded by Leick, to recommend to City Council approval of the Planned Area Development subject to stucco being placed on the two proposed building and placement of a 6 inch curb and sidewalk along proposed building #3 on the site plan. After discussion, the vote was: ayes—Osterholt, Leick, Diouf, Mausser; abstain—Smith; nays—none; absent—Sittig, Shrader. Motion carried.

PUBLIC HEARING: Request of Fox Valley, Inc to rezone their property from ID and C-RV to RS-3, RS-4, RD-8 and RM-8, located on Forevergreen Road and South Jones Blvd. Public Hearing was open at 7:35. Edgar Colony, the developer of this land, read a letter on behalf of he and his family. Karla Davis of Gateway Access Reality explained the different types of housing that the subdivision would offer.

There was several area residences that spoke that were not in favor of the rezoning at this time. Many questions still need to be addressed and a petition was filed on behalf of their concerns.
The petition states:
a. The North Liberty City Council articulates a clear plan, with a timetable, for adequate water, sewer and road infrastructure, and environmental controls in the proposed affected neighborhood, including a plan to finance those items.
b. Details on how the North Liberty portion of the development will be coordinated with the Coralville portion of it.
c. Right-of-Way issues between the developer, the city and the property owners who live south of Forevergreen Road and west of Jones Blvd are resolved.
d. The North Liberty Municipal Election results are completely resolved.

There were concerns on Highway 965 and Forevergreen Road and if the current conditions of the roads could hold the additional traffic.

The commission share in the concerns of the residence, but feel that answers will come as this development goes through the process of the Preliminary and Final Plat and construction drawing stages.

Smith moved, seconded by Mausser, to recommend to City Council approval of the request. After discussion, the vote was: Smith, Leick, Osterholt, Mausser, Diouf; nays—none; absent—Shrader, Sittig. Motion carried.

FINAL PLAT: Request of Liberty’s Gate LC to approve the Final Plat for Liberty’s Gate, Part Nine, which is located west of Kansas Avenue and south of Madison Ave. Smith moved, seconded by Mausser, to recommend to City Council approval of the Final Plat. After discussion, the vote was: ayes—Smith, Leick, Osterholt, Mausser, Diouf; nays—none; absent—Shrader, Sittig. Motion carried.

FINAL PLAT: Request of Liberty’s Gate LC to approve the Final Plat for Liberty’s Gate, Part Ten, which is located west of Kansas Avenue and south of Madison Ave. Leick moved, seconded by Smith, to recommend to City Council approval of the Final Plat. After discussion, the vote was: ayes—Smith, Leick, Osterholt, Mausser, Diouf; nays—none; absent—Shrader, Sittig. Motion carried.

PUBLIC HEARING: PLANNED AREA DEVELOPMENT: Request of Liberty’s Gate LC to approve a Planned Area Development located on Penn Court. Public Hearing was open at 8:53 pm and there were no comments. Public Hearing was closed. Smith moved, seconded by Leick, to recommend to City Council approval of the Planned Area Development. After discussion, the vote was: ayes—Smith, Leick, Osterholt, Mausser, Diouf; nays—none; absent—Shrader, Sittig. Motion carried.

PUBLIC HEARING: Request of MGCSM LLC to rezone their property from ID (Interim Development) to C-2-A (Highway Commercial) which property is located at the Intersection of Highway 965 and Forevergreen Road. Public Hearing was open and there were no comments. Public Hearing was closed. Mausser moved, seconded by Diouf, to recommend to City Council approval of the request. After discussion, the vote was: ayes—Smith, Leick, Osterholt, Mausser, Diouf; nays—none; absent—Shrader, Sittig. Motion carried.

PRELIMINARY PLAT: North Grand Plaza: Request of Michael T Evans Construction to approve the Preliminary Plat for Lumber Addition, which is located on the corner of Highway 965 and Penn Street. Smith moved, seconded by Leick to recommend approval of the plat subject to Storm Water Management and drainage being shown on the plat and per the Johnson County Council of Governments Report that the intersection on Penn Street be moved 125 feet to the east of Commercial Drive. After discussion, the vote was: ayes—Smith; nays—Osterholt, Leick, Mausser, Diouf; absent—Shrader, Sittig. Motion failed.

PUBLIC HEARING: Request of Corridor Ventures to rezone their property from I-1 (Industrial District) to C-1-B (General Commercial District) which is located on the northwest corner of Highway 965 and Penn Street. Public Hearing was open at 9:15 pm. and there were no comments. Public Hearing was closed. City Staff feels C-1-A (Central Commercial District) to be a better fit for this area, and the applicant does not have a problem with the change. Smith moved, seconded by Diouf, to recommend to City Council approval of the C-1-A (Central Commercial District). After discussion, the vote was: ayes—Smith, Osterholt, Leick, Mausser, Diouf; nays-none; absent—Sittig, Shrader. Motion carried. Staff noted that a new public hearing notice may have to be published in order to comply with notification requirements. Staff will discuss with the City Attorney.

PUBLIC HEARING: CONDITIONAL USE PERMIT: Request of Premier Automotive for a variance to allow for outdoor storage of damage vehicles, located on their property at 2 Lions Drive. Public Hearing was open at 9:18 pm and there were no comments. Public Hearing was closed. Smith moved, seconded by Diouf, to recommend to City Council approval of the request subject to the wrecked autos being stored for no more than one week, and with a limit of no more than five parking spaces being allowed to be used for storage. After discussion, the commission determined that the Nuisance Ordinance would determine if the Conditional Use Permit applied for would be in compliance or not .After discussion, the vote was: ayes—Diouf, Mausser, Smith, Osterholt, Leick; nays—none; absent—Sittig, Shrader. Motion carried.

MINUTES: Smith moved, seconded by Mausser, to approve the Minutes of November 1, 2005. After discussion, the vote was: ayes—Diouf, Mausser, Smith, Osterholt, Leick; nays—none; absent—Sittig, Shrader. Motion carried.

OLD BUSINESS: None.

NEW BUSINESS: James told the commission that starting the first of the year the commission will be reviewing the Zoning Code a section at a time at each meeting.

The next meeting will start at 6:00 pm for a work session for the new members.

This is Michael Leick’s last meeting and thanked everyone for their support.

ADJOURMENT: Smith moved, seconded by Leick, to adjourn the meeting at 9:35 pm. After discussion, the vote was: ayes—Smith, Diouf, Mausser, Leick, Osterholt; nays—none; absent—Sittig, Shrader. Motion carried.




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Mary Byers, Deputy City Clerk