North Liberty
PLANNING AND ZONING COMMISSION
Meeting Minutes
September 6, 2005

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

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 James Moody and Tom Salm, Duane Musser, Jason Harder, Robert Burns, Jere Wissink, Jason Dumont, Amy Thompson, Mark Patterson, Carter Kudrle, and other interested citizens.

The elevation drawings were handed out to the commission members before the meeting. Some commission members feel that they cannot properly review the site plan without these.

Osterholt moved, seconded by Mausser, to remove agenda items 5-6-7-8-9-14-15-17-18-19 due the applicant’s elevations plans being received by the Commission members at the meeting, not allowing the commissioner members time to review the site plans properly. During the discussion it was the consensus of the commission that it doesn’t take a lot of time to review the elevations and some did not want another meeting. After discussion, the vote was: ayes—Osterholt, Mausser, Diouf; nays—Sittig, Shrader, Smith Leick. Motion failed.

PUBLIC COMMENT: There were no comments from the public.

PUBLIC HEARING: Request of Holiday Wrecker for a Conditional Use Permit for Holiday Wrecker, 995 236th Street to allow parking of company vehicles in the parking lot on either side of the building during business hours.
The Public Hearing was open at 6:41 pm. Duane Musser, from MMS and Jere Wissink of Holiday Wrecker address the commission on the request. This item was before Planning and Zoning on February 1, 2005. The recommendation to the City Council at that time was that all trees be evergreen, with the two on the corner being placed back on the property due to safety concerns at the intersection, paving space designation for company cars stored within the privacy fence, and an eight foot earth tone chain-link fence with criss-cross slats. This recommendation, which the City Council took the recommendation of the Planning and Zoning Commission, was approved with the consideration of the homeowners that were at the February 1, 2005 to voice there concern of the Conditional Use Permit.

Jason Dumont of Devmont Construction was there to voice his concern on the current request. He was there to represent The Homeowners Association and 16 families that had purchased their properties with the original Conditional Use Permit. Dumont does not feel that the fence is needed on the east or south side of the property because it faces industrial businesses. Dumont feels strongly on the fencing to the north of the property.

Public Hearing was closed at 6:54 p.m.

Osterholt moved, seconded by Mausser, to deny the request. After discussion, Osterholt withdrew this motion and Mausser withdrew his second.

Diouf moved, seconded be Shrader, to approve the Conditional Use Permit subject to a sight-proof fence on the north side of the building, a berm on the east side, and temporary parking of company vehicles outside during the hours of 8:00 am and 5:00 pm. Two trucks will be taken home by employees. After discussion, the vote was: ayes—Mausser, Shrader, Sittig, Leick, Diouf; nays—Osterholt; abstain—Smith. Motion carried.

PUBLIC HEARING: Request of Kenneth and Marilyn Cahill to rezone their property located on the NE corner of Cahill Addition, north of Fox Run and west of Scales Bend Road from RM-12 (Multi-Family Residential District) to RS-4 (Single-Family Residential District). Public Hearing was open at 7:08 and there were no comments. Public Hearing was closed at 7:09 p.m.

This is a cleanup item from the Planning and Zoning Meeting of August 2, 2005. There was a section that was left out to the zoning request, west of the property and the Commission requested the applicant zone this section.

Osterholt moved, seconded by Leick, to recommend to City Council they approve the rezoning from RM-12 (Multi-Family Residential District) to RS-4 (Single-Family Residential District). After discussion, the vote was: ayes—Mausser, Shrader, Sittig, Osterholt, Smith, Diouf, Leick. Motion carried.

SITE PLAN: Request of Cedar Development to approve the Site Plan for Lot 1, Devmont Estates, located at Alexander Way and Devmont Court. Staff noted that no building permits will be issued for any lots until Progress Park, Part Three improvements have been completed and accepted by the City and Devmont Estates Subdivision has been constructed and accepted by the City as well.

City Staff would like the developer to move or widen the Public Storm Sewer easement on the west side of the property before the Final Plat is filed. The Building Official would like the sidewalks to be put in first to set the grade, then put in the driveway aprons. This will make the grade correct.

Smith moved, seconded by Shrader, to recommend to City Council approve of the Site Plan subject to the Public Easements being moved or made wider. After discussion, the vote was: ayes—Shrader, Sittig, Osterholt, Leick, Diouf, Mausser, Smith. Motion Carried.

SITE PLAN: Request of Cedar Development to approve the site plan for Lot 2, Devmont Estates located at Alexander Way and Devmont Court.
The City Engineer questioned number three on the Site Plan Notes. Looking at the grading plan the City Engineer does not feel the developer would be able to slope away from the building at minimum 5 percent over a minimum distance of 10 horizontal feet, measured to the face of the building wall.. Developer is to show spot elevations on the grading plan and show how it’s going to drain.

The Site Plan calls for a dumpster but the commission would like to see curb side recycling/trash pick-up this area. According to the North Liberty Municipal code a dumpster is required with a Site Plan. City Staff will look into possibly offering it at this location.

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

SITE PLAN: Request of Progress Park LLC to approve the Site Plan for Lot 4, Devmont Estates, LLC, located at Alexander Way and Devmont Court. Staff will look into curb site recycling/trash pickup for this area. Mausser moved, seconded by Leick, to recommend to City Council approve of the Site Plan. After discussion, the vote was: ayes—Shrader, Sittig, Osterholt, Leick, Diouf, Mausser, Smith; nays—none. Motion carried.

SITE PLAN: Request of Cedar Development to approve the Site Plan for Lot 5, Devmont Estates, LLC, which is located at Alexander Way and Devmont Court. Applicant needs to put a cross walk on Alexander Way from Lot 5. There also has to be an agreement with the City and the Developer on the Public Easement. Mausser moved, seconded by Smith, to recommend to City Council approval of the Site Plan subject to an agreement between the City and Developer on the Public Easement. After discussion, the vote was: ayes—Shrader, Sittig, Osterholt, Leick, Diouf, Mausser, Smith; nays—none. Motion carried.

SITE PLAN: Request of Shelby Builders to approve the Site Plan for Lot 9, Deerfield Ninth Addition, located at Progress Street and Jones Blvd North. This is an Amended Site Plan because of the building design changes. Smith moved, seconded by Diouf, to recommend to City Council approval of the Site Plan subject to the street names being changed. After discussion, the vote was: ayes—Shrader, Sittig, Osterholt, Leick, Diouf, Mausser, Smith; nays—none. Motion carried.

PUBLIC HEARING: Request of Steve Federspiel to rezone his property from RS-4 (Single-Family Residential District) to C-1-B (General Commercial District) which property is located at 525 North Dubuque Street. The Public Hearing was open at 7:40 pm.

Amy Thompson: 210 West Penn Street: opposes the request. She had questions on the buffer that the city requires between Commercial and Residential District. Her property, which is on the corner of West Penn Street and North Dubuque Street, will look right at this property. She also would like the trees to be saved on this property.

Brian James explained to Ms. Thompson that the street would be considered the buffer and the zoning request follows the Comprehensive Plan of North Liberty.

Brian James reported that he had received three phones calls opposing the rezoning.

Sittig read an e-mail opposing the rezoning request.

The Public Hearing was closed at 7:50 pm.

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

PRELIMINARY PLAT: Request of Steve Federspeil to approve the Preliminary Plat for North Dubuque Pointe Subdivision, located at 525 North Dubuque Street. Staff noted that the water mains are not shown on the plat. Osterholt moved, seconded by Leick, to recommend to City Council approval of the plat. After discussion, the vote was: ayes—Leick, Sittig, Osterholt, Mausser, Diouf; nays—Shrader; abstain--Smith. Motion carried.

PRELIMINARY PLAT: Request of Robert Burns to approve the Preliminary Plat for Jefferson Addition, Part Two, located on North Bend Drive. This is a one lot Preliminary Plat on an existing track. The plat shows a 50 foot Right-of-Way at the end of North Bend Drive and this should be 60 foot. There is no existing storm sewer system on the property, and staff would like details on how this property is going to drain.

Mr. Burns is requesting a special meeting for the review of the Final Plat and Site Plans for Jefferson Addition, Part Two. The commission agreed to September 20, 2005 subject to construction plans, calculations, and Developer Agreements being filed by Friday, September 9th.

Osterholt moved, seconded by Smith, to recommend to City Council approval of the Preliminary Plat subject to the sidewalks for the trail system being added, Right-of-Way of 60 feet, and an off site drainage easement. After discussion, the vote was: ayes—Leick, Sittig, Osterholt, Mausser, Diouf, Shrader, Smith; nays—none. Motion carried.

FINAL PLAT: Request of Liberty’s Gate L.C. to approve the Final Plat Liberty’s Gate, Part Eight, which is a resubdivision of Lot 27, Liberty’s Gate, Part Two, at 580 Madison Ave. Leick moved, seconded by Osterholt to recommend to City Council approval of the Final Plat. After discussion, the vote was: ayes—Leick, Sittig, Osterholt, Mausser, Diouf, Smith, Shrader; nays—none. Motion carried.

SITE PLAN: Request of Liberty’s Gate L.C. to approve a Site Plan for Liberty’s Gate, Part One, which is located on Madison Avenue. Smith moved, seconded by Leick, to recommend to City Council approval of the Site Plan. After discussion, the vote was: ayes—Leick, Sittig, Osterholt, Mausser, Diouf, Smith, Shrader; nays—none. Motion carried.

PUBLIC HEARING: PLANNED AREA DEVELOPMENT: Request of Roy Browning to approve a Planned Area Development for Lot 8, I-380 Industrial Park, which is located on the NE corner of Herky Street and Stoner Court. Public Hearing was open at 8:30 pm. There were no comments and the Public Hearing was closed at 8:31 pm.

Osterholt moved, seconded by Mausser, to recommend to City Council approval of the Planned Area Development subject to masonry and canopy’s being added to the north and south side of building. After discussion, the vote was: ayes—Leick, Diouf, Sittig, Osterholt, Mausser; nays--Shrader; Abstain: Smith. Motion carried.

FINAL PLAT: Request of JDHP Development to approve the Final Plat for West Lake Addition, Part 2-8 which are located on the south end of Kansas Ave, north of 270th Street. Osterholt moved, seconded by Smith, to recommend to City Council approval of the Final Plats for West Lake Addition, Parts Two through Eight subject to modification of the easements of outlots B and C and the required permits from the DNR. After discussion, the vote was: ayes—Leick, Diouf, Sittig, Osterholt, Mausser, Shrader, Smith; nays—none. Motion carried.

SITE PLAN: Request of JDHP to approve the Site Plan for Lot 2, West Lake Addition, Part 2, which is located on West Lake Road. Smith moved, seconded by Leick, to defer this item to the special meeting September 20, 2005. After discussion, the vote was: ayes—Mausser, Smith, Shrader, Sittig, Osterholt, Leick, Diouf; nays—none. Motion carried.

Sittig noted that the applicant should also have the permit from the DNR for the sanitary sewer before this special meeting.

SITE PLAN: Request of JDHP to approve the Site Plan for Lot 92, West Lake Addition, which is located at Kansas Avenue in the West Lake Addition, Part 5.
Osterholt moved, seconded by Smith to defer until the special meeting September 20, 2005. After discussion, the vote was: ayes—Leick, Diouf, Sittig, Osterholt, Mausser, Shrader, Smith; nays—none. Motion carried.

Osterholt noted that he would like to see brick up to the roof of these buildings.

SITE PLAN: Request of JDHP to approve the Site Plan for Lot 93, West Lake Addition, Part 5, which is located on Kansas Avenue. Osterholt moved, seconded by Shrader, to defer to the special meeting September 20, 2005. After discussion, the vote was: ayes: Mausser, Smith, Shrader, Sittig, Osterholt, Leick, Diouf; nays—none. Motion carried.

PUBLIC HEARING: ANNEXATION of Rail Road Right of Way from 240th Street and Penn Street. Public Hearing was open at 8:50 pm. and there were no comments. Public Hearing was closed at 8:50 pm. This annexation would allow Suburban Landscape to be annex into the City of North Liberty. Osterholt moved, seconded by Leick, to recommend to City Council approve of the Annexation. After discussion, the vote was: ayes—Mausser, Smith, Shrader, Sittig, Osterholt, Leick, Diouf; nays—none. Motion carried.

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

OLD BUSINESS: Brian James went over the inventory sheet that he is working on, which showed the housing inventory for the last 5 years in terms of final plat parcels, building permits, and occupancy permits. The Planning and Zoning Commission asked to have the inventory expanded to include the entire city.

James also reported that he continues to work on the Overlay Plan for Penn Street.

NEW BUSINESS: Staff will work on a check list to be used for filing items for Planning and Zoning Meetings. Staff will also look at deadlines for filing items for the meetings, to give staff more time for reviewing items.

ADJOURNMENT: Osterholt moved, seconded by Leick, to adjourn the meeting at 9:15 pm. After discussion, the vote was: ayes—Mausser, Smith, Shrader, Sittig, Osterholt, Leick, Diouf; nays—none. Motion carried.



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Mary Byers, Deputy City Clerk