North Liberty
PLANNING AND ZONING COMMISSION
Meeting Minutes
January 3, 2006
There was a Work Session before the regular meeting to meet new member Roy
Romans and to go over any questions that the Commission Members have.
The Regular meeting was called to order at 6:30 p.m. by Chairperson Sittig.
MEMBERS PRESENT: Osterholt, Mausser, Diouf, Smith, Sittig, Shrader, Romans.
ALSO PRESENT: City Administrator, Brian James, City Engineer, Kevin Trom, City
Council Members Tom Salm and James Moody, Carter Kudrle, Duane Musser, Judy and
Lindsey Mekota, Edgar Colony Family, Colleen Chipman, Wayne Grell, Karla Davis,
Tom Burbin, and other interested citizens.
Election of Officers
Osterholt moved, seconded by Diouf, to recommend Sittig as continuing
Chairperson. After discussion, the vote was: ayes—Osterholt, Mausser, Diouf,
Smith, Shrader, Romans; nays—none; abstain—Sittig. Motion carried.
Diouf moved, seconded by Shrader, to recommend Osterholt as Vice-Chairperson.
After discussion, the vote was: ayes—Mausser, Diouf, Smith, Shrader, Romans,
Sittig; nays—none; abstain—Osterholt. Motion carried.
Osterholt moved, seconded by Shrader to recommend Mausser to the Liaison
Position. After discussion, the vote was: ayes—Diouf, Smith, Shrader, Romans,
Sittig, Osterholt; nays—none; abstain—Mausser. Motion carried.
PUBLIC HEARING: Request of Colony, Inc. and Colony Country Corporation to
approve Fox Valley rezoning from ID (Interim development District) and C-RV
(Commercial Recreation Vehicle District) to RD-8 (Two-Unit Residential District)
which is located at the intersection of Forevergreen Road and Jones Blvd.
Public Hearing was opened at 6:35 pm.
Colleen Chipman, 1490 West Forevergreen Road: She stated her objection to the
multifamily. The lots around this development are one acre, or larger and the
multifamily does not fit in this area. Chipman reminded the commission that
Glynmor had multifamily on their original proposal and they removed it. If the
developer wants multifamily, Chipman feels it should be by his own personal
residents. Residents are being told that these units will be owner occupied, but
Chipman feels that this cannot be controlled.
Chipman feels commission members should listen to these concerns due to the
large number of residents objecting to this development. She feels that the way
this rezoning is being proposed will not require a super majority, and she
objects to this.
She asked each commission member to state, for the record, why they feel that
this development follows the Comprehensive Plan.
Wayne Grell, 1075 West Forevergreen Drive: Agrees with Chipman and would like
traffic to be addressed.
Tom Berdo, 1340 West Forevergreen Road: Agrees with Chipman and elaborated the
fact that the owner occupied units cannot be controlled and if they become
rentals he feels that they will not be maintained.
Karla Davis of Gateway Access Realty told the commission that there would not be
12-plexes in the multifamily district. There will be 4-plexes with front door
entries that would not be in the rental unit price range. She also explained the
trail system would favor this development.
Public Hearing was closed at 6:46 p.m.
Osterholt feels this is a great development that will bring water and sewer to
the area. In the Comprehensive Plan it states that future residential
development in this area should be a priority within the district. This also
brings additional park land to the area.
Smith feels that the Comprehensive Plans supports multifamily and she is obliged
to approve it. She has concerns, has the neighbors in this area have voiced,
with how the multifamily will fit, Forevergreen Road and the additional traffic.
The concerns will be addressed when this development comes before the commission
in the platting stages.
Shrader likes the additional park land for this area and likes the transition
going from Commercial to Multi-family to Residential District.
Mausser feels this is a well thought out development. With the extension of
Forevergreen Road this will increase the overall assets of the area.
Sittig agrees with the above commission members comments but would like buffers
between the commercial and residential and also the Classification Center and RV
Park. He has met with the developer and feels that this is a well thought out
development that will benefit North Liberty.
Diouf feels that the Colony’s own this property and they have the right to
develop it. The development also brings utilities to this area.
Osterholt moved, seconded by Diouf, to recommend to City Council approval of the
rezoning request. After discussion, the vote was: ayes—Diouf, Smith, Shrader,
Romans, Sittig, Osterholt, Mausser; nays—none. Motion carried.
PUBLIC COMMENT: None
SD2006-1 PRELIMINARY PLAT: Request of Cedar Development to approve Progress
Park, Part Seven, Eight, and Nine which is located at Alexander Way and Lininger
Lane. Osterholt moved, seconded by Shrader, to recommend to City Council
approval of the Preliminary Plat subject to three offsite easements being
secured by the developer where the storm sewer is shown discharging in Progress
Park-Part Three, Outlot A, and a written agreement made for construction costs
between the two property owners for Parker Place. After discussion, the vote
was: ayes—Diouf, Smith, Shrader, Romans, Sittig, Osterholt, Mausser; nays—none.
Motion carried.
SD2006-2 PRELIMINARY PLAT: Request of MGCSMS L.L.C. to approve the
Preliminary Plat for Pine Grove Business Park, which is located at Highway 965
and Forevergreen Road. Osterholt moved, seconded by Romans, to table this
item due to the number of issues that need to be resolved. After discussion, the
vote was: ayes—Diouf, Shrader, Romans, Sittig, Osterholt, Mausser; nays—none;
abstain—Smith. Motion carried.
PUBLIC HEARING: Request of Pacha Family LP to rezone their property from I-1
(Industrial District) to C-2-A (Highway Commercial District) which is located on
a portion of Lot 1, Lumber Addition, Penn Street and Highway 965. Public
Hearing was open at 7:35 pm and there were no comments. Public Hearing was
closed. Osterholt moved, seconded by Shrader, to recommend to City Council
approval of the rezoning request. After discussion, the vote was: ayes—Diouf,
Shrader, Romans, Sittig, Osterholt, Mausser, Smith; nays—none. Motion carried.
PRELIMINARY AND FINAL PLAT: Request of Merrill Smalley to approve Kansas
Subdivision for a Utility Split. Smith moved, seconded by Osterholt, to
recommend approval of the Preliminary and Final Plat subject to the future
Right-of-Way for Kansas Avenue being 85 feet wide and approval of the Johnson
County Board of Supervisors. After discussion, the vote was: ayes—Diouf, Shrader,
Romans, Sittig, Osterholt, Mausser, Smith; nays—none. Motion carried.
PUBLIC HEARING: Request of Merrill Smalley for a Conditional Use Permit for a
Electrical Substation located at 2959 270th Street NE. Public Hearing was
open at 7:40 pm. Colleen Chipman had questions on the access. Public Hearing was
closed at 7:45 pm. Osterholt moved, seconded by Shrader, to recommend to City
Council approval of the Conditional Use Permit. After discussion, the vote was:
ayes—Diouf, Shrader, Romans, Sittig, Osterholt, Mausser, Smith; nays—none.
Motion carried.
NORTH LIBERTY ZONING CODE: CHAPTER 1, ADMINISTRATIVE; SECTION 101.
Chapter was reviewed and changes will be reviewed at the next section.
MINUTES: Osterholt moved, seconded by Shrader, to approve the Minutes of
December 6, 2005 as amended. After discussion, the vote was: ayes—Diouf, Shrader,
Romans, Sittig, Osterholt, Mausser, Smith; nays—none. Motion carried.
OLD BUSINESS: Changes to the filing procedure for Planning and Zoning and
City Council were discussed. Duane Musser, MMS Consultants, has some concerns on
the changes and will get a list to Brian James on his concerns.
New Business: None.
ADJOURNMENT: Meeting was adjourned at 9:00 pm.
_____________________________________
Mary Byers, Deputy City Clerk
