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Planning and Zoning Commission on September 1, 2020

Agenda

6:30 PM, via Zoom

Notice: Due to the COVID-19 pandemic, public health and safety concerns require City of North Liberty public meetings to be held electronically, so as to limit the spread of the virus. The public is invited to submit questions and comments in advance of the meeting for consideration submitting them to the City Clerk Tracey Mulcahey via email at [email protected].

This meeting may be accessed live by the public as follows:

By internet video:

By phone:

Call 1 (312) 626 6799 with a touch-tone phone and to enter the meeting ID 839 5616 7884 and eight-digit meeting password 93282150.

Meetings are rebroadcast on cable and available on-demand on northlibertyiowa.org.

  1. Call to Order
  2. Roll Call
  3. Approval of the Agenda
  4. Preliminary Plat: Request of Cherry Pig LLC to approve a Preliminary Plat for a two lot subdivision at 135 Cherry Street.
    1. Staff Presentation
    2. Applicants Presentation
    3. Public Comments
    4. Questions and Comments
    5. Recommendation to the City Council
  5.  Site Plan: Request of Casey’s Marketing Company to approve a Site Plan on 1.58 acres for the redevelopment of the property located at 600 Westwood Drive and 230 Sugar Creek.
    1. Staff Presentation
    2. Applicants Presentation
    3. Public Comments
    4. Questions and Comments
    5. Recommendation to the City Council
  6. Public Hearing for Ordinance: Request of the City of North Liberty for an ordinance amending Section 167.01 of the North Liberty Code of Ordinances, entitled “Definitions” and various sections in Chapter 169 of the North Liberty Code of Ordinances, entitled “Development Regulations”.
    1. Staff Presentation
    2. Applicants Presentation
    3. Public Comments
    4. Questions and Comments
    5. Recommendation to the City Council
  7. Approval of Previous Minutes
  8. Old Business
  9. New Business
  10. Adjournment

Minutes

Roll Call

Rebecca Keogh called the September 1, 2020 Regular Session of the North Liberty Planning Commission to order at 6:30 p.m. Commission members present: Barry A’Hearn, Josey Bathke, Rebecca Keogh, Jessica Marks, Kylie Pentecost, Patrick Staber, Jason Heisler.

Also present: Ryan Heiar, Kevin Trom, Wally Pelds, Ryan Rusnak, Grant Lientz and Mary Byers.

Approval of Agenda

Staber moved, Pentecost seconded to approve the agenda.  The vote was all ayes. Agenda approved.

Preliminary Plat, Cherry Pig LLC,  

Staff Presentation

Rusnak presented the request for a Preliminary Plat for a two lot subdivision located at 135 W Cherry Street.  City staff finds that the preliminary plat achieves consistency with Section 180.11(3)(A) of the North Liberty Code of Ordinances, which sets forth the preliminary subdivision plat submittal requirements.

Finding:

  1. The preliminary plat achieves consistency with Section 180.11(3)(A) of the North Liberty Code of Ordinances, which sets forth the preliminary subdivision plat submittal requirements.

Recommendation:

Staff recommends the Planning Commission accept the listed finding and forward the request of Cherry Pig LLC to approve a Preliminary Plat for a two lot subdivision at 135 Cherry Street.

Applicants Presentation

No one was present for the applicant.

Public Comments

No public comment was offered.

Questions and Comments

Rusnak addressed questions from the commission.

Heisler moved, seconded by Bathke, that the Planning Commission accept the listed finding and forward the preliminary plat to the City Council with a recommendation for approval.  The vote was: ayes—Heisler, Staber, Pentecost, Marks, Keogh, Bathke, A’Hearn; nays—none.  Motion carried.

Site Plan, Casey’s Marketing Company

Staff Presentation

Rusnak presented the request for Casey’s Marketing Company to approve the site plan to be located at 600 Westwood Dr and 230 Sugar Creek Lane.  Staff review findings show the commercial use of the property would be consistent with the current C-1B General Commercial District zoning and the Comprehensive Plan Future Land Use Map designation of Commercial with Residential; and the site plan would achieve consistency with North Liberty Code of Ordinances Section 165.04(2) entitled, “Site Plan Requirements” Section 169.12 entitled “Design Standards, Section 169.13, entitled “Other Design Standards” and other Code Ordinance requirements.

Findings:

  1. The commercial use of the property would be consistent with the current C-1B General Commercial District zoning and the Comprehensive Plan Future Land Use Map designation of Commercial with Residential; and
  2. The site plan would achieve consistency with North Liberty Code of Ordinances Section 165.04(2) entitled, “Site Plan Requirements” Section 169.12 entitled “Design Standards, Section 169.13, entitled “Other Design Standards” and other Code of Ordinance requirements.

Recommendation:

Staff recommends the Planning Commission accept the two listed findings and forward the request of Casey’s Marketing Company to approve a Site Plan on 1.58 acres for the redevelopment of the property located at 600 Westwood Drive and 230 Sugar Creek Lane to the City Council with a recommendation for approval subject to the following conditions:

  1. That the lighting be adjusted so it does not exceed one footcandle along the west property line, consistent with Section 169.12(I)(5) of the North Liberty Code of Ordinances;
  2. That prior to issuance of a certificate of occupancy the applicant dedicate a sidewalk easement to the City for any portion of the public sidewalk that extends onto private property as are shown on the site plan, subject to approval as to form and content by the City Attorney; and
  3. That prior to issuance of a certificate of occupancy a plat of survey formally combining the two lots into one lot in accordance with Section 180.10(2) North Liberty Code of Ordinances be recorded with the Johnson County Recorder, and that applicant is responsible for any costs associated therewith.

Applicants Presentation

Wally Pelds of Pelds design, was present on behalf of the applicant and offered to answer questions from the Commission.

Public Comments

No Public Comment was offered.

Questions and Comments

City staff addressed the Commission on the upcoming improvements to Ranshaw Way with a turn-lane at Westwood Dr and redoing the traffic signals in this area.

Recommendations to City Council

Heisler moved, seconded by Staber, that the Planning Commission accept the two listed findings and forward the site plan to the City Council with a recommendation for approval subject to the conditions recommend by staff.  The vote was: ayes—Pentecost, Keogh, A’Hearn, Staber, Marks, Heisler, Bathke; nays—none.  Motion carried.

Public Hearing, Ordinance Amending Section 167.01 and various sections in Chapter 169

Staff Presentation

Rusnak presented the Zoning Ordinance amendments and finds the Zoning Ordinance would revise outdated and conflicting language and include user friendly diagrams and tables.

Finding:

  1. The Zoning Ordinance amendments would revise and outdated and conflicting language and include user friendly diagrams and tables.

Recommendation:

City staff recommends the Planning Commission accept the one listed finding and forward the following request to the City Council with a recommendation for approval:

Request of the City of North Liberty for an ordinance amending Section 167.01 of the North Liberty Code of Ordinances, entitled “Definitions” and various sections in Chapter 169 of the North Liberty Code of Ordinances, entitled “Development Regulations”.

Public Comments

Art and Coleen Chipman submitted a letter to the city supporting the changes in Ordinance 167.01.

Questions and Comments

There was discussion on existing buildings that would now become nonconforming due to the change in the code.  Staff reported that as long as the use does not change they would be considered legal non-conforming uses.

Pentecost moved, seconded by A’Hearn that the Planning Commission accept the one listed condition and forward the Zoning Ordinance amendments to the City Council with a recommendation for approval. The vote was: ayes—A’Hearn, Bathke, Keogh, Marks, Pentecost, Staber, Heisler; nays—none.  Motion carried.

Approval of Previous Minutes

Bathke moved, seconded by Marks, to approve the Minutes of August 4, 2020 Planning Commission.  The vote was all ayes.  Motion carried.

Old Business

No old business was presented.

New Business

No new business was presented.

Adjournment

At 7:16 p.m. A’Hearn moved, seconded by Staber to adjourn. The vote was all ayes. Meeting was adjourned.

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