North Liberty
PLANNING AND ZONING COMMISSION
Meeting Minutes
October 4, 2005
Meeting was called to order by Chairperson Sittig at 6:30 p.m.
MEMBERS PRESENT: Leick, Sittig, Osterholt, Mausser, Shrader, Diouf,
Smith.
ALSO PRESENT: City Administrator, Brian James, City Attorney, Bill
Sueppel, City Engineer, Kevin Trom, City Council Members, Tom Salm and James
Moody, Duane Musser, Kevin Kidwell, Dennis Spencer, Kevin Watts, Kevin
Hochstedler, Carter Kudrle, and other interested citizens.
PUBLIC COMMENT. None.
SITE PLAN: Request of Kevin Kidwell Construction to approve a Site Plan for
Lot 74, Penn Meadows Addition-Part IV, which property is located south of East
Jefferson Street and east of North Front Street. The developer of this area
had proposed 12-plex units, but wants to change to town homes. There were
questions on the pond that has not been accepted by the city. There is money in
escrow, from the previous developer, until the pond is stocked, and the seeding
and native grasses have been planted.
Smith moved, seconded by Osterholt, to recommend to City Council approval of
Site Plan for Lot 74, Penn Meadows, Part 4, subject to confirmation by the
developer to the City on the status of the pond, and the dumpster site pad being
located on the plat just in case a change in the Ordinance to allow curbside
pickup does not take place. After discussion, the vote was: ayes—Leick, Sittig,
Osterholt, Mausser, Shrader, Diouf, Smith; nays—none. Motion carried.
PUBLIC HEARING: Request of Liberty’s Gate L.C. to rezone their property from
RM-12 (Multifamily Residential District) and C-2-A (Highway Commercial District)
to RM-12 (Multifamily Residential District) and C-1-B (General Commercial
District), which property is located west of Kansas Avenue, south of Madison
Avenue. Public Hearing was open at 6:45 pm and there were no comments.
Public Hearing was closed at 6:46 p.m.
Osterholt moved, seconded by Leick, to recommend to City Council approval of the
rezoning request. After discussion, the vote was: ayes—Leick, Sittig, Osterholt,
Mausser, Shrader, Diouf, Smith; nays—none. Motion carried.
Osterholt moved, seconded by Leick, to revise the Comprehensive Plan to reflect
the zoning change. After discussion, the vote was: ayes—Leick, Sittig, Osterholt,
Mausser, Shrader, Diouf, Smith; nays—none. Motion carried.
PRELIMINARY PLAT: Request of Liberty’s Gate L.C. to approve the Preliminary
Plat for Liberty’s Gate, Part 9&10, located west of Kansas Avenue and south of
Madison Avenue. Kansas Avenue is classified as an arterial street and access
should be limited as much as possible. Staff would recommend not allowing access
to Kansas from Lot 6 or Lot 1 and should be stated on the plat.
Osterholt moved, seconded by Smith, to recommend to City Council approval of the
Preliminary Plat subject to the access restriction on Lot 6. After discussion,
the vote was: ayes—Leick, Sittig, Osterholt, Mausser, Shrader, Diouf, Smith;
nays—none. Motion carried.
Smith would like to see the access issue revisited due to the lots across the
street having access to Kansas Avenue.
PUBLIC HEARING: Request of Liberty’s Gate L.C. to approve a proposed
multi-family Planned Area Development consisting of two 8-plex, two 10-plex and
two 12-plex buildings on 6.37 acres of land. Public hearing was open at 7:15
pm and there were no comments. The Public Hearing was closed. Osterholt moved,
seconded by Shrader, to recommend to City Council approval of the rezoning
subject to: the 10-plex to be changed to an 8-plex with the two 8-plexes having
a 35 foot setback off of the Right-of-Way; to approve the variance of 25 foot
setback for the town homes in the center, and a 25 foot set back off of Madison
Avenue to the foyer on the Condominium buildings, and dumpsters not to be
required for the town homes if modification to the curbside recycling is done.
During discussion Smith asked the developers if they were comfortable with the
changes. They feel the density is correct, according to the North Liberty Code,
and would like the Planned Area Development to be approved as submitted.
Smith feels the rest of the development looks good, and is uncomfortable with
the motion.
After discussion, the vote was: ayes—Leick, Sittig, Osterholt, Mausser, Shrader,
Diouf, Smith; nays—none. Motion carried.
PUBLIC HEARING: Request of CJ Construction to annex and simultaneously zone
their property to I-1 (Industrial District) which is located at 240th Street,
west of Highway 965. The Public Hearing was open at 7:28 pm and there were
no comments. The Public Hearing was closed at 7:31 p.m. There was some
discussion on the screening of the railroad abutting this property. It was
decided that the appropriate time to address this would be when the site plan
comes before the commission.
Osterholt moved, seconded by Diouf, to recommend to the City Council approval of
the annexation and zoning. After discussion, the vote was: ayes—Leick, Sittig,
Osterholt, Mausser, Shrader, Diouf, Smith; nays—none. Motion carried.
PRELIMINARY PLAT: Request of CJ Construction to approve the Preliminary Plat
for North Park, which property is located on 240th Street, west of Highway 965.
City Staff has concerns on drainage in this area. This is an older section of
town and that portion of 240th Street is not scheduled for improvement in the
near future. Designated routes for drainage need to be addressed. The Developer
will be submitting to the City Engineer the Final Plat, Construction Drawings
and Storm Water Calculations within a week that hopefully will answer questions
on the drainage.
Osterholt moved, seconded by Leick, to recommend to City Council approval of the
Preliminary Plat subject to an additional note being added to the plat that a
drainage easement would be required from Lot One to the storm water management
easement on Lot Two, and Lot Three will require on site Storm Water Detention
when the site plan is submitted. After discussion, the vote was: ayes—Leick,
Sittig, Osterholt, Mausser, Shrader, Diouf, Smith; nays—none. Motion carried.
FINAL PLAT: Request of Steve Federspiel to approve the Final Plat for North
Dubuque Point, which is located at 525 North Dubuque Street. Osterholt
moved, seconded by Shrader, to recommend to City Council approval of the Final
Plat subject to the developer getting a permit to work in Right-A-Way. After
discussion, the vote was: ayes—Leick, Sittig, Osterholt, Mausser, Shrader, Diouf,
Smith; nays—none. Motion Carried.
SITE PLAN: Request of Spencer Construction to approve a Site Plan for Lot 92,
West Lake Addition, which is located at Kansas Ave in West Lake Addition, Part
Five. City utilities are not at this location as of yet. The Developer has
received a permit to temporary haul waste from the lift station under certain
conditions. The City Council as placed a cap of 60 Building Permits for West
Lake Two thru Eight, and there will be a limit of one building per lot. Mr.
Spencer is aware of the conditions, but would like the Commission to approve the
entire site plan to avoid going thru the filing process again.
Two accesses are shown, which staff would like one, with the location 300 feet
from the north street.
New colored elevation drawings, showing brick and siding for the entire
building, are to be given to City Council.
Osterholt moved, seconded by Leick, to recommend to City Council approval of the
Site Plan subject to only one access on to Kansas Avenue. After discussion, the
vote was: ayes—Mausser, Smith, Shrader, Sittig, Osterholt, Leick, Diouf;
nays—none. Motion carried.
PUBLIC HEARING: Request of Martin Gaffey for a Conditional Use Permit to
allow garages/storage units at 4 Hawkeye Drive. The Public Hearing was open
at 8:03 pm. There were no comments from the public. Smith moved, seconded by
Diouf, to continue the Public Hearing until the November meeting so the
applicant can be at the meeting to answer questions and staff can determine if
the required amount of parking spaces would be affected if the Conditional Use
is granted. After discussion, the vote was: ayes—Mausser, Smith, Shrader, Sittig,
Osterholt, Leick, Diouf; nays—none. Motion carried.
Concept Plan from Larry Lee on property located on Dubuque Street.
Commission would like staff and Johnson County Council of Governments to work
out access from this property. The commission also suggested that Mr. Lee talk
with adjoining property owners on his proposal.
MINUTES OF September 6, 2005 and September 20, 2005. Osterholt moved,
seconded by Smith, to approve the Minutes of September 6, 2005 and September 20,
2005. After discussion, the vote was: ayes—Mausser, Smith, Shrader, Sittig,
Osterholt, Leick, Diouf; nays—none. Motion carried.
OLD BUSINESS: Staff is working on Open Space and Recycling Ordinance.
NEW BUSINESS: None.
ADJOURNMENT: Osterholt moved, seconded by Smith, to adjourn the meeting
at 8:45 p.m. After discussion, the vote was: ayes—Mausser, Smith, Shrader,
Sittig, Osterholt, Leick, Diouf; nays—none. Motion carried.
______________________________
Mary Byers, Deputy City Clerk
