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

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

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

ALSO PRESENT: City Administrator, Brian James, City Attorney, Bill Sueppel, City Engineer, Kevin Trom, City Council Members, James Moody, and Tom Salm, Duane Musser, Mike Haight, Daryl Smith, Marty Gaffey, Mike Evans, Carter Kudrle and other concerned citizens.

COUNTY SUBDIVISION: Review of application of Dovetail Land Acquisitions LLC requesting approval of the Preliminary and Final Plat for Liberty Bend, which is located on the northwest corner intersection of North Liberty Road NE and Dubuque Street NE in Penn Township. This property is located within the two mile jurisdiction of North Liberty.

Osterholt moved, seconded by Diouf, to recommend to City Council approval of the request subject to an 85 foot Right-of-Way on North Liberty Road; that the property owner agree to waive the right to oppose any future assessments for improvements required by the city; and Preliminary and Final Plat requirements for the subdivision be waived; and the City of North Liberty be notified of any rezoning request. After discussion, the vote was: ayes—Leick, Sittig, Osterholt, Mausser, Diouf, Smith; nays—none; absent—Shrader. Motion carried.

SITE PLAN: Lot 3, Devmont Estates: Request of Cedar Development to approve the site plan located at 240th Street and Alexander Way. The developer did not place the sidewalk on the plat because he wanted a discussion with the Commission. Due to the design of the four-plex the sidewalk would not fit in front, but would fit with the duplex design. The commission would like the developer to consider putting it in the back of the buildings. Also, the commission would also like the building that is at the entrance to the development situated so that headlights from cars coming into the subdivision don’t shine directly into the windows of that building.

Osterholt moved, seconded by Mausser to table this item due to the amount of items that need to be addressed. After discussion, the vote was: ayes—Osterholt, Mausser; nays—Sittig, Smith, Leick, Diouf; absent—Shrader. Motion failed.

Smith moved, seconded by Leick, to approve the site plan subject to the developer looking into a Flood Plain Permit possibly being required from the DNR; a beehive intake being placed in the courtyard; placement of street lights; placement of the sidewalk being worked out; and switching the two buildings (5-plex and 4-plex) at the entrance of the subdivision to avoid headlights shining in the dwelling unit. After discussion, the vote was: ayes-Sittig, Smith, Leick, Diouf, Osterholt, Mausser; nays—none; absent—Shrader. Motion carried.

SITE PLAN: Golf view Commercial Part Two, Lots 5 & 6, request of Martin Gaffey to approve the site plan, located between Highway 965 and Hawkeye Drive. Osterholt moved, seconded by Mausser, to recommend to city council approval of the site plan. After discussion, the vote was: ayes—Osterholt, Mausser, Sittig, Smith, Leick, Diouf; nays—none; absent—Shrader. Motion carried.

CONDITIONAL USE PERMIT: Continue Public Hearing on the request of Martin Gaffey to use the garages at 4 Hawkeye Drive as mini storage units. The continuation of the Public Hearing was open at 7:11 pm. There were no comments from the public and the hearing was closed. Mr. Gaffey is asking for some of the garages located at 4 Hawkeye Drive to be used as storage units for cars boats, etc…

Smith moved, seconded by Mausser to recommend to City Council as submitted. After discussion, the vote was: ayes—Mausser, Sittig, Smith, Leick, Diouf; nays—Osterholt; absent—Shrader. Motion carried.

PUBLIC HEARING: Lot 1, Lumber Addition: Request of Pacha Family, LP to rezone their property from I-1 (Industrial district) to C-1-A (Highway Commercial District) which property is located on Penn Street and Highway 965. Public Hearing was open at 7:15 pm and there were no comments. Public Hearing was closed.

Staff would like the developer to think about using the rail connection to the CRANDIC for a possible future transit connection to the railroad.

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

AMENDED SITE PLAN: Lot 25, Deerfield Fifth Addition, request of Shelby Builders to approve the amended Site Plan. Osterholt moved, seconded by Smith to recommend approval of the amended site plan subject to a vegetative screen being placed on the southeast side of the property and the street being named. After discussion, the vote was: ayes—Mausser, Sittig, Smith, Leick, Diouf, Osterholt; nays—none; absent—Shrader. Motion carried.

PUBLIC HEARING on the rezoning request of Saints Corridor Investments to rezone their property from I-1 (Industrial District) to C-2-A (General Commercial District) which is located on Kansas Ave. Public Hearing was open at 7:30 p.m. and there were no comments. Public Hearing was closed. Osterholt moved, seconded by Leick, to recommend to City Council approval of the rezoning request. After discussion, the vote was: ayes—Mausser, Sittig, Leick, Diouf, Osterholt; nays—none; abstain—Smith. Motion carried.

AMENDED PRELIMINARY PLAT: Request of Saints Corridor Investments to approve an Amended Preliminary Plat for Saints Corridor Commercial Park, which is located on Kansas Avenue. Osterholt moved, seconded by Smith to recommend to City Council approval of the Amended Preliminary Plat subject to additional Right-of-Way for 240th Street; the watermain at the north end of Penn Court be connected to the watermain shown at the lift station; language in the Developer Agreement for Outlot A needs to be changed similar to Progress Park for dedication of the Outlot; Water and Sewer Agreement between the two developments; additional Right-of-Way is needed for an 8 foot sidewalk on Kansas Ave; an 8 foot sidewalk needs to be shown on West Penn Street; previous Preliminary Plat needs to be vacated; and the street name for Penn Court needs to be changed. After discussion, the vote was: ayes: Mausser, Sittig, Leick, Diouf, Osterholt; nays—none; abstain: Smith; absent—Shrader. Motion carried.

PUBLIC HEARING: Request of Linn County Rural Cooperative to annex and simultaneously zone their substation to I-1 (Industrial District) into the City of North Liberty which is located on 240th Street and Highway 965 North. Public Hearing was open at 7:50 p.m. and there were no comments. The Public Hearing was closed. Osterholt moved, seconded by Leick, to recommend to City Council approval of the request. After discussion, the vote was: ayes—Mausser, Sittig, Leick, Diouf, Osterholt, Smith; nays—none; absent—Shrader. Motion carried.

MINUTES: Osterholt moved, seconded by Smith, to approve the Minutes of October 4, 2005. After discussion, the vote was: ayes—Mausser, Sittig, Leick, Diouf, Osterholt, Smith; nays—none; absent—Shrader. Motion carried.

OLD BUSINESS: Osterholt moved, seconded by Smith, to pass on the Housing Inventory List to the City Council with the commission member’s approval. After discussion, the vote was: ayes—Mausser, Sittig, Leick, Diouf, Osterholt, Smith; nays—none; absent—Shrader. Motion carried.

Osterholt moved, seconded by Smith, to pass the change to the Recycling/Trash Ordinance to City Council with the commission member’s recommendation. After discussion, the vote was: ayes—Mausser, Sittig, Leick, Diouf, Osterholt, Smith; nays—none; absent—Shrader. Motion carried.

Adjournment: Osterholt moved, seconded by Leick, to adjourn the meeting at 8:15 pm. After discussion, the vote was: ayes—Mausser, Sittig, Leick, Diouf, Osterholt, Smith; nays—none; absent—Shrader. Motion carried.


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Mary Byers, Deputy City Clerk