North Liberty
PLANNING AND ZONING COMMISSION
Meeting Minutes
July 5, 2005

Meeting was called to order by Chairperson Sittig at 6:30 p.m.

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

ALSO PRESENT: Brian James, Kevin Trom, Tom Salm, Bill Sueppel, Duane Musser, Scott Anderson, Gary Watts, Kevin Hochstedler, James Moody, Ann Kloubec, Maynard Parker, Bill Kiesel, Art Karrar, Sheila Hubler, Chris West, Roger Schiltz, Dave Kass, Annetta Clements, Steve Miller, Doug Wichart, Sara Carte, Jessica Orent, Mark Abel and other concerned citizens.

PUBLIC COMMENT. None

PUBLIC HEARING: MidAmerican Hobbies request for a Conditional Use for an R/C Off-Road Race Track, located at 215 Highway 965 North, Unit 1.

A petition was received with 20 signatures requesting the commission to strongly consider shutting down this operation. They feel this is not an appropriate use of land in this area.

William Kiesel, owner of MidAmerican Hobbies apologized for constructing the existing track without a Conditional Use Permit. He had permission from the owner of the commercial area, but was unaware that he needed the city’s permission.

Kiesel believes that it is growing business that is vital to the cohesiveness of the community. They are a family oriented business and believe they have changed the lives of hundreds of residence in the North Liberty area. They also feel they bring a lot of revenue to the community. They have two large races a year that attract a lot of people from neighboring states that stay, eat and enjoy the North Liberty area.

They are requesting they following hours at the track:
10:00 am till 7:00 pm Monday-Friday
10:00 am till 5:00 pm Saturday
Closed Sunday.

There were several area residence in attendance at the Public Hearing in support of the race track. The majority feels that this is a place they can come with their families and have fun. Supporters feel that this is a commercial area and noise should be expected. There are uses allowed in a commercial zone that would cause more noise than the track.

There were some supporters that live in the general vicinity of the track, that are involved in racing, and they are not bothered by the noise.
William Kiesel is very highly regarded among the users of the business and has excellent employees.

The Non-Supporters did not have a problem with the MidAmerican Hobbies, it’s the track and noise from the cars racing on the track. The noise is a continuous buzzing that is so annoying they can’t sit out and enjoy their decks.

It was also stated that MidAmerican Hobbies had to move their business when they were located next to Curves, because they couldn’t stand the noise from the music.

Public Hearing was closed at 7:40 p.m.

Smith moved, seconded by Osterholt, to have commission members vote if they were in favor of the Continues Use Permit. After discussion, the vote was: ayes—Osterholt; nays—Mausser, Smith, Sittig, Lieck; absent—Shrader. Motion failed.

PUBLIC HEARING: Arlington LLC to rezone their property from Interm Development District to RS-4 and RS-6 Single-Family Residential District. The developer passed out a concept plan to the commission members and explained that this development would have a Fox Run Subdivision Market. There would be 83 lots that will be 85 to 89 feet wide and 129 lots 90 feet or more. There would be Strict Covenants, Homeowners Association, public trails and ponds. They will have boulevards at the entrances to the subdivision with white ranch style fencing around the property.

The Public Hearing was open 7:45 pm. Ann Kloubec lives across from this subdivision and had concerns on the natural water way on her property and would this add more water to her land. Duane Musser (MMS Consultants) explained how this development would improve this.

Kloubec also want to know if this would just be one builder constructing all of these homes or would there be more builders so there would be more of a variety of homes.

Watts said there would be more than builder.

Public Hearing was closed at 8:00.

Osterholt would like the developer to reconsider the cul-de-sac proposed on the concept plat. The street dept does not like it when it comes to snow plowing and Osterholt feels a street would put traffic into Beaver Kreek Centre.

Osterholt moved, seconded by Leick, to continue the Public Hearing until a Preliminary Plat is submitted, but to pass on the Planning and Zoning Minutes to the City Council Meeting of July 12th so Council will have their comments. After discussion, the vote was: ayes—Leick, Sittig, Smith, Osterholt, Mausser; nays—none; absent—Shrader. Motion carried.
PUBLIC HEARING: Request of Frank Lenane and Christine Wohlford-Lenane to annex and zone their property to RM-8 Multi-Family Residential District located at 2797 South Front Street. This is a resubmittal of the request due to an island being created with a 50 foot strip to the south of this property on the last request.

Public Hearing was open at 8:15 pm.

Duane Musser, MMS Consultant, spoke on behalf of Stephen Eply, whose property abuts this to the south. He would like Lenane and City Staff to consider the extension of the trail system that he is going to construct on both sides of Muddy Creek, and would like to incorporate this into the design of Lenane property.

Osterholt moved, seconded by Smith, to recommend to City Council approval of the annexation and zoning with preservation of the flood plain. After discussion, the vote was: ayes—Leick, Sittig, Smith, Osterholt, Mausser; nays—none; absent—Shrader. Motion carried.

PRELIMINARY PLAT: Request of Shelby Builders to approve the Preliminary Plat for Devmont Estates, Lot 9, Progress Park, Part Three. There was discussion on what the traffic patterns would be when the property is fully developed. The developer would like to avoid putting in the second access from Lot 3 to 240th Street if possible.

Osterholt moved, seconded by Mausser, to recommend to City Council approval of the Preliminary Plat subject to a language being put in the Developers Agreement to when a second access should be required from Lot 3 to 240th Street. After discussion, the vote was: ayes—Leick, Sittig, Smith, Osterholt, Mausser; nays—none; absent—Shrader. Motion carried.

PUBLIC HEARING: Creekside Commons: Request of Stephan and Kathryn Epley to amend their Planned Area Development located on South Front Street. Public Hearing was open at 8:40 pm. Frank Lenane would like to work together with this Planned Area Development, which is to the north of his property. Public Hearing was closed.

In order for the City to issue building permits for the Amended PAD building locations, the plan has to be approved showing the corrections to the building size. MMS corrected the PAD and showed the variances for Lots one and two.

Mr. Epley would like the city and Lenane to consider continuing the trail into his property when he develops. Mr. Epley would also like the city and Lenane to consider using his existing Muddy Creek driveway crossing for the trail crossing. This would allow Mr., Epley to use some of his $130K commitment to other improvements within the park ground dedication instead of building a bridge right south of Lenane driveway.

Osterholt moved, seconded by Mausser, to recommend to City Council approval of the amended Planned Area Development for Creekside Commons. After discussion, the vote was: ayes—Leick, Sittig, Smith, Osterholt, Mausser; nays—none; absent—Shrader. Motion carried.

PUBLIC HEARING: Request of CJ Construction for a Conditional Use Permit to allow outside storage at 955 236th Street. The applicant requested this item to be tabled. The Public Hearing was not continued. Applicant will have to reapply.

Osterholt moved, seconded by Mausser, to table the Conditional User Permit. After discussion, the vote was: ayes—Leick, Sittig, Smith, Osterholt, Mausser; nays—none; absent—Shrader. Motion carried.

OVERLAY ORDINANCE. Smith moved, seconded by Osterholt, to recommend to City Council approval of the Overlay Ordinance as amended and to amend the Sign Ordinance to accommodate pole signs for Penn Street. One pole sign per corner at the I-380 Interstate and Penn Street within a 1000 feet of the travel portion of the Interstate. After discussion, the vote was: ayes—Leick, Sittig, Smith, Osterholt, Mausser; nays—none; absent—Shrader. Motion carried.

MINUTES. Osterholt moved, seconded by Smith, to approve the Minutes of June 7, 2005. After discussion, the vote was: ayes—Leick, Sittig, Smith, Osterholt, Mausser; nays—none; absent—Shrader. Motion carried.

OLD BUSINESS. Osterholt questioned the trees along North Jones Bouldvard and if they are what the Planned Area Development or site plan called for.

NEW BUSINESS. Smith will not be at the August meeting.

ADJOURNMENT. Osterholt moved, seconded by Leick, to adjourn the meeting at 9:25 p.m.


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Mary Byers, Deputy City Clerk