North Liberty
PLANNING AND ZONING COMMISSION
Meeting Minutes
March 1, 2005

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

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

ALSO PRESENT: City Administrator, Brian James, City Engineer, Kevin Trom, MMS Consultant, Kelly Beckler, Karla Davis, Bill Young, Mr. and Mrs. Gordon Glasgow, Gary Watts, Brian Hutchinson, City Council members, James Moody and Tom Salm, Jason Dumont, Rob Mitchell, Don Koss and other interested citizens.

PUBLIC COMMENT: None.

SITE PLAN: Request of Kay Developers LLC to approve the site plan for Lot 6, Golf View Commercial Subdivision, Part II. Staff noted that the grading plan created a ponding area south of the parking lot and some filling of the existing drainage channel at the north side of the site. The developer indicated that he would make the necessary revisions prior to the City Council meeting.

Osterholt moved, seconded by Smith, to recommend to City Council approval of the Site Plan subject to revising the grading plan to eliminate ponding water south of the parking lot and grading the north side of lot to end fill at the bottom of the existing drainage channel. After discussion, the vote was: ayes—Shrader, Leick, Sittig, Smith, Osterholt, Mausser; absent—Jones. Motion carried.

PUBLIC HEARING: Request of Carter Kudrle to annex and simultaneously zone his property to RS-6 (Single-Family Residential District) located on the east side of Dubuque Street and south of East Zeller Street. Public Hearing was open at 6:40 pm and there were no comments.

Smith moved, seconded by Leick to recommend to City Council approval of the annexation and zoning of RS-6. After discussion, the vote was: ayes—Shrader, Leick, Sittig, Smith, Osterholt, Mausser; absent—Jones. Motion carried.

PRELIMINARY Plat: Request of Carter S. Kudrle to approve the Preliminary Plat for Pleasant Hills located on the east side of Dubuque Street and south of East Zeller Street. Smith moved, seconded by Shrader, to recommend to City Council approval of the Preliminary Plat subject to having a tree requirement in the covenants in order to replace the mature trees that will be destroyed during infrastructure installation, the dry pond storm water detention basin should not be dedicated to the city, and the fence line agreement information should be noted on the plat. After discussion, the vote was: ayes—Shrader, Leick, Sittig, Smith, Osterholt, Mausser; absent—Jones. Motion carried.

PUBLIC HEARING: Request of Prime Venture Development to rezone their property from ID (Interm Development) to RM-8 (Multifamily Residential Development) located on the east side of Dubuque Street and south side of East Zeller Street.

Public Hearing was open at 6:55 pm.
Rob Mitchell, 25 Mark Twain Court would like all single-family.
Don Koss, 30 East Hickory Street, told the commission that he had served on the City Council when they did the Comprehensive Plan. They designated this area Single-Family and wants Planning and Zoning to follow that plan

Commission member Shrader, who is also a member of the North Liberty Volunteer Fire Department, expressed concerns that the design of the private streets would not allow for adequate or safe navigation with the Fire Department’s ladder truck.

The consensus of the commission is to follow the Comprehensive Plan and keep this single-family.

Smith moved, seconded by Shrader to recommend to the City Council they deny the zoning. After discussion, the vote was: ayes—Shrader, Sittig, Osterholt; nays—Mausser, Leick; abstain—Smith. Motion carried.

FINAL PLAT: Request of Liberty Centre Development, LC to approve the Final Plat for Liberty Centre-Part Five located north of West Zeller Street. Osterholt moved, seconded by Leick, to recommend to City Council approval of the Final Plat. After discussion, the vote was: ayes—Leick, Smith, Osterholt, Mausser, Shrader, Sittig; nays—none; absent—Jones.

SITE PLAN: Request of Shelby Builders to approve the site plan for Lot 9, Deerfield Ninth Addition, located on the corner of Progress Street and Jones Blvd. Osterholt moved, seconded by Smith, to recommend to City Council approval of the Site Plan subject to Jaylen Court being the actual court and Jaylen Lane being the street. After discussion, the vote was: ayes—Leick, Smith, Osterholt, Mausser, Shrader, Sittig; nays—none; absent—Jones. Motion carried.

PUBLIC HEARING: Request of Brown National Lease for a Conditional Use Permit for Lot 15, I-380 Industrial Park to allow above ground fuel island area and two oil storage tanks. The Public Hearing was open at 7:30 pm. There were no comments. Osterholt moved, seconded by Leick, to recommend to City Council approval of the Conditional Use Permit. After discussion, the vote was: ayes—Leick, Smith, Osterholt, Mausser, Shrader, Sittig; nays—none; absent—Jones. Motion carried.

FINAL PLAT: Request of Regency Commercial Services to approve the Final Plat for the Re-Subdivision of Lot 13, I-380 Industrial Park. Smith moved seconded by Shrader to recommend the City Council approval of the Final Plat. After discussion, the vote was: ayes—Leick, Smith, Osterholt, Mausser, Shrader, Sittig; nays—none; absent—Jones. Motion carried.

SITE PLAN: Request of Regency Commercial Service to approve the site plan for Lot 13, I-380 Industrial Park. Osterholt moved, seconded by Smith, to recommend to City Council approval of the Site Plan subject to drainage calculations being supplied to the city, asphalt or concrete for parking area and moving the trees away from the entrance 50 feet to the south. After discussion, the vote was: ayes—Leick, Smith, Osterholt, Mausser, Shrader, Sittig; nays—none; absent—Jones. Motion carried.

Bill Wittig reminded the Commission that all businesses wanting to build in the I-380 Subdivision need to come in as a Planned Area Development so color selections and storage requirements can be addressed.

PUBLIC HEARING: CONDITIONAL USE PERMIT: Request of Regency Commercial Service to approve a Conditional Use Permit to allow outside storage on Lot 13, I-380 Industrial Park. Public Hearing was open at 7:52 and there were no comments. Commission Members did not have the Application for the Conditional Use Permit in their packet and were unclear of the applicant’s request. It was the consensus of the Commission to republish the Lot 13, I-380 Industrial Park as a Planned Area Development which also would take care of the variance to the parking which they are requesting. The Public Hearing is to be held at the City Council Meeting of March 22nd and does not have to come back to Planning and Zoning Commission.

Osterholt moved, seconded by Smith, to recommend to City Council that they approve the Conditional Use Permit for outside storage and recommend that City Staff republish the request as a Planned Area Development for the City Council meeting on March 22nd to address the request for a variance to the parking. After discussion, the vote was: ayes—Leick, Smith, Osterholt, Mausser, Shrader, Sittig; nays—none; absent—Jones. Motion carried.

PUBLIC HEARING: PLANNED AREA DEVELOPMENT. Request of Kevin Kennedy to approve the Planned Area Development and Conditional Use for Lot 14, I-380 Industrial Park to allow for above ground fuel tanks, outdoor storage and trailer parking. Shrader moved, seconded by Mausser to recommend to the City Council approval of the request subject to the tempoary road issue being worked out with the City. After discussion, the vote was: ayes—Leick, Smith, Osterholt, Mausser, Shrader, Sittig; nays—none; absent—Jones. Motion carried.

CONTINUATION OF PUBLIC HEARING FOR CONDITIONAL USE PERMIT: Request of Excel Builders to allow outdoor storage of semi trailers on the east side of Advance Millwork located at 750 Highway 965 North. Osterholt moved, seconded by Mausser, to recommend to City Council they approve the request. After discussion, the vote was: ayes—Mausser, Shrader, Sittig, Osterholt, Leick; nays—none; abstain—Smith. Motion carried.

CONCEPT PLAN: Informal review of a proposed Day Care to be located on Lot 1, Progress Park, Part Five. The Planning and Zoning Commission will hold a Special Meeting on March 15, 2005 to review the Preliminary and Final Plat for this subdivision. The applicant for the Day Care is requesting a meeting so that the developer can start getting the road in and she can get a building permit.

BY-LAWS: Recommend to City Council the change to the By-Laws, Section 3. Smith moved, seconded by Leick, to approve the change and to recommend to the City Council they approve the change to the By-Laws that states: If a majority of the Commission members feel that another member is not meeting his or her obligations as a member of the Commission, the Commission may forward a recommendation to the City Council to remove the member from the Commission. The recommendation must be approved by a majority of the members present and the Commission member who is the subject of the recommendation may vote. The chairperson of the Commission and the member who is the subject of the recommendation should attend the next regularly scheduled City Council meeting or otherwise provide input to the City Council regarding the recommendation. As the appointed authority of the Commission, the City Council has the authority to admonish Commission members to fulfill their obligation, or the City Council may dismiss any Commission member at any time regardless of any recommendation from the Commission. After discussion, the vote was: ayes—Mausser, Shrader, Sittig, Osterholt, Leick, Smith; nays—none; absent—Jones. Motion carried.

CITY ADMINISTRATOR: Brian James informally asked the commission there view on the zoning in Corridor Commercial Subdivision on Highway 965. He had a request to change the zone from C-2-A to C-2-B along Highway 965. This would allow apartments above commercial. There was no consensus.

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

OLD BUSINESS: None

NEW BUSINESS: None

ADJOURNMENT: Osterholt moved, seconded by Mausser, to adjourn the meeting at 8:45 pm. Motion carried.



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Mary Byers, Deputy City Clerk