a PDF of this meeting`s information packet.

North Liberty
Planning
Commission
Meeting Information
Tuesday, August 5, 2014
6:30 PM
City Council Chambers
If you would like additional information, larger-scale
maps, or other information before the meeting,
please contact Dean Wheatley at 626-5747 or at
[email protected]
NORTH LIBERTY PLANNING COMMISSION
MEETING NOTICE AND AGENDA
Tuesday, August 5, 2014, 6:30 PM
1. ROLL CALL
2. AGENDA APPROVAL
3. ELECTION OF CHAIR AND VICE-CHAIR
4. PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA
5. CONDITIONAL USE: Request of Tali LLC to approve a conditional use for outside eating at
the new Sushiya restaurant at the existing Liberty Centre commercial development located
north of the Liberty Centre Pond.
a. Staff Presentation
b. Applicant’s Presentation
c. Public Comments
d. Questions and Comments
e. Recommendation to the Board of Adjustment
6. CONDITIONAL USE: Request of Kristine Bauer to approve a revised conditional use for an
existing dog grooming and boarding facility on the west side of Progress Street between
236th and 238th Streets.
a. Staff Presentation
b. Applicants Presentation
c. Public Comments
d. Questions and Comments
e. Recommendation to Board of Adjustment
7. APPROVAL OF PREVIOUS MINUTES
8. OLD BUSINESS
9. NEW BUSINESS
10. ADJOURNMENT
Agenda version: 7/31/2014
August 2014 Board of Adjustment
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Pawz Playstation Dog Daycare RCU
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230th Street Proposed
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236th Stre e
Area of Request
Liberty Centre Pond
General Area of Request
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Pawz Playstation Dog Daycare Revised Conditional
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Sushiya Outside Eating & Drinking Conditional Use
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July 28, 2014
Memo
To: North Liberty Planning Commission
From: Dean Wheatley, Planning Director
Subject: Accessory Outside Eating at Sushiya Restaurant
(Legal: Lot 13 Liberty Centre)
Your North Liberty city staff has reviewed the subject submission, and offer comments presented
in this memo. The staff review team includes the following personnel:
Ryan Heiar, City Administrator
Tracey Mulcahey, Assistant City Administrator
Tom Palmer, City Building Official
Scott Peterson, City Attorney
Kevin Trom, City Engineer
Dean Wheatley, Planning Director
This request is to allow an outside eating area at the new Sushiya restaurant at the existing
Liberty Centre commercial development located north of the Liberty Centre Pond. The property
is zoned C-2-A Commercial, and the development was designed and built for outside eating on
the patio. The closest residential buildings are:
600’ to multi-family buildings west of the proposed patio, across the pond and park; and
325’ to duplex homes south of the patio, across Cherry Street.
The specific plans for the patio are to use the existing fenced concrete area, and to potentially add
a pergola as shown on the application. Minor additional lighting may be added. Wine and beer
will be served and music will be played.
The Zoning Ordinance specifies provisions that apply to every outdoor eating accessory use:
• All businesses shall be subject to the approval of a conditional use permit and approval by
the Council of a site plan meeting requirements of this code. Any City action against the
outdoor eating accessory use shall also be enforceable against the associated restaurant
operation, and may include withdrawal of certifications or permits for both the accessory use
and for the principal restaurant use on the property. The City shall have the discretion to
require a formal agreement, specifying conditions for operations, to be approved in any case.
• All Zoning Ordinance requirements shall be observed, including parking, yards, and signage.
No additional signage is allowed in conjunction with the outside eating area.
• The area used for the establishment shall be clearly delineated by fencing, plant materials or
other landscaping or other aesthetically pleasing means, to be specified and approved
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through the site plan process.
The area used for the establishment shall be hard-surfaced with concrete, asphalt, or other
suitable permanent materials.
The principal use on the site must meet all Zoning Ordinance and site plan requirements.
Temporary structures or other facilities may be approved through the site plan review.
Businesses must provide evidence that appropriate State and local licensing has been
obtained.
All applicable local, county, and State regulations must be met.
Businesses may not serve alcoholic beverages unless specifically approved by formal
agreement.
Businesses may not provide lighting unless specifically approved by formal agreement.
Businesses may not provide any amplified music or public address system unless specifically
approved by formal agreement.
This application meets the requirements of the Zoning Ordinance and the conditional use is
recommended for approval with alcoholic beverage sales allowed, no music louder than speaking
level, and no more seats than allowed by the Building and Fire Codes for this location.
Patio Area
Planned structure example
July 28, 2014
Memo
To: North Liberty Planning Commission
From: Dean Wheatley, Planning Director
Subject: Revised Conditional Use Application for Pawz Playstation Dog Grooming and Boarding Facility
(Legal: Lot 3, Deerfield First Addition)
Your North Liberty city staff has reviewed the subject submission, and offer comments presented in this
memo. The staff review team includes the following personnel:
Ryan Heiar, City Administrator
Tracey Mulcahey, Assistant City Administrator
Tom Palmer, City Building Official
Scott Peterson, City Attorney
Kevin Trom, City Engineer
Dean Wheatley, Planning Director
This request is to modify an existing conditional use for a dog grooming and boarding facility on the west
side of Progress Street between 236th and 238th Streets. The property is zoned I-1, Light Industrial.
Original plans for the site show the northerly end of
the existing building to be used for indoor boarding,
with an outside exercise yard established using chain
link fence surrounded by wood fencing. The
applicant at that time provided a summary of their
business intentions and operational standards, and
staff observations are that the business does operate
with very high standards with no complaints from
neighbors. Dogs are kept inside the building over
night.
The revision now proposed is to add an outdoor play
area adjacent to the building, constructed similarly to
the existing area, and to increase the number of dogs
under supervision from 40 to 60.
Compatibility concerns for animal-related uses
include odor control and noise control, and
operational plans as submitted by the applicant and the resulting development address those concerns in
probably the best means possible. The concern for this new addition to the business is adding more
outside dog presence at a location within 175’ from residential properties (see map at right showing the
site and nearby residences outlined in yellow). The language in the original conditional use staff report
applies now more than ever: If the conditional use is approved the owner will need to pay close attention
to odor and noise control and understand that the conditional use permit can be rescinded if they are not
controlled.
Staff Comments Regarding the Proposed Conditional Use
Storm water impacts. Storm water from this site is not expected to be impacted by the proposed
development.
Street/Traffic impacts. Traffic volumes and patterns are not expected to be significantly impacted by
this development.
Land use impacts and adjacent properties.
Dog boarding was added to the Zoning Ordinance several years ago, but only as a conditional use in the
Industrial zoning districts because of concerns regarding noise and odors. This location is on the edge of
an industrial district and right across the street from an established residential development. The original
conditional use permit was granted with the following conditions:
1. That dogs are not allowed outside before 7:00 AM, which would be consistent with the City’s noise
ordinance.
2. That the approval be conditioned on continued observance of the operational plan submitted with the
application by the owner, including the following:
 No more than 40 dogs at the site, and
 Supervised outdoor times of no more than ½ hour, with no dogs outside over night; and
 Fencing around outside areas as described.
3. That any noise complaints from neighbors reported to staff will be forwarded to the Board of
Adjustment for any potential future action relative to the permit.
Staff recommends approval of the conditional use subject to the following recommendations:
1. That the conditional use be granted specifically to this owner on this site, and not be allowed to run
with the property or transfer to other owners.
2. That dogs are not allowed outside before 7:00 AM, which would be consistent with the City’s noise
ordinance; or after 6:00 PM.
3. That no animal waste is washed into the storm water system, especially important because of the
existing intakes located at the north end of the drive.
4. That the approval be conditioned on continued observance of the operational plan submitted with the
original approved application by the owner, including the following:
 No more than 60 dogs at the site, and
 Supervised outdoor periods at all times, with no dogs outside over night; and
 Fencing around outside areas as described.
5. That any noise complaints from neighbors reported to the City will be subject to both City Code
Section 53.07 (Noise; Animals) and to review of the conditional use permit by the Board of
Adjustment for potential suspension or termination.
53.07 ANIMALS. No person shall own, possess, or harbor any barking or noisy dog, bird, or other
animal, regardless of whether the dog, bird, or other animal is physically situated in or upon private
property. For the purposes of this section, a "barking dog, bird or other animal" means a dog, bird,
or other animal that barks, bays, cries, howls or emits any other noise continuously and/or
incessantly for a period of ten minutes or barks intermittently for one-half hour or more, and the
sound therefrom is plainly audible across a residential real property boundary or within a noise
sensitive area. However, the dog, bird, or other animal shall not be deemed a barking dog or noisy
animal if, at the time the dog, bird, or other animal is barking or making any other noise, a person is
trespassing or threatening to trespass upon private property in or upon which the dog, bird, or other
animal is situated or is taking any other action which would tease or provoke the dog, bird, or other
animal to bark or otherwise be noisy.
PR
Pawz Site Plan
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236 ST
New fenced area proposed for outside play,
surrounded by 6' tall panel fence.
30
'
40
45
'
50
60
'
'
'
Chain link fence area surrounded by 6' tall panel fence.
Previously approved 9-2013.
1 inch = 60 feet
.
Pawz Playstation
955 236th st #1
North Liberty, Iowa 52317
319-861-8699
Dog boarding
9 suites. 2 of those will be for families that have 3 dogs. The 7 remaining will be for 3 or less from
same household.
*So full capacity would be 27 Minimum it would be 9 boarders
In the near future we have plans to build more suites in able to accommodate more pets. We had
underestimated.
how popular the suites would be as opposed to chain link kennels
Dog Daycare
3 groups of 10 a day max 20 dogs
Total for Daycare and Boarding
Max capacity would be 60 if that is accepted by Planning and Zoning .
New Permit request would allow us to build a 30x40 fenced in area right outside rear of the building.
This will allow our furry clients to get outside weather permitting to enjoy different activities that we are
limited to with just inside Daycare. It will also allow us to open Large door Which will have a fence in
front of it as well to allow for more ventilation and fresh air.
Grooming
Opening Tuesday August 20th 2013 – Permit has already been given
Is separate as dogs will come in get groomed then owners pick up. Only exception to that would be if
we had an opening (under our numbers) for them to stay for playtime (daycare).
The outside time at 7am is only for the boarding dogs to
Odor
Product to handle this will be used indoor and outdoor. Lime under river rock outside and special pet
and human safe products indoors all messes will be cleaned immediately.
Noise
For the noise all precautions and planning are being taking to insure the comfort level of surrounding
community as well as our clients. Ie, insulations, fewer dogs outside at a time and many activities to
keep a puppies from getting bored and loud. Also Dogs that are unattended tend to get bored and loud.
This will not be the case at Pawz, as all pets will be monitored by staff and cameras 24 hours a day.
Between 6pm and 7am the only pets on property will be boarders. Groom salon closes at 5pm
Tuesday thru Saturday. And daycare dogs MUST be picked up by 6pm Monday - Friday
North Liberty Planning Commission
Minutes
July 1, 2014
Roll Call
At 6:30 p.m., Chair Moore called the meeting to order. Commission members present:
Detlefsen, Heisler, Moore, Obrecht, Sayre; absent – Bleil, Covert.
Others present: Dean Wheatley, Ryan Heiar, Tracey Mulcahey, Scott Peterson, Kevin Trom,
Christina Erbe and other interested parties.
Agenda Approval
Detlefsen moved, Obrecht seconded to approve the agenda. The vote was: ayes – Detlefsen,
Moore, Sayre, Heisler, Obrecht; nays –none. Motion carried.
Public Comment on items not on the Agenda
No public comment was offered.
Johnson County Refuse Revised Site Plan
Staff Presentation
Wheatley presented the request of Johnson County Refuse to approve a revised site plan
for property zoned industrial and generally located on 238th Street west of Progress Street,
zoned I-1 (Industrial). Staff recommends approval of this application with the drainage
issue being remedied.
Applicant’s Presentation
Steve Smith from Johnson County Refuse and Duane Musser, MMS Consultants, spoke
regarding the application. The Commission discussed the application with the applicant.
Smith clarified that it the building’s use will be truck storage and wash bay.
Public Comments
No public comments were received.
Questions and Comments
The Commission asked about the issue of the existing fence.
Recommendation to the City Council
Detlefsen moved, Sayre seconded to recommend approval of the revised site plan for
Johnson County Refuse with no conditions. The vote was: ayes – Moore, Sayre, Heisler,
Obrecht, Detlefsen; nays – none. Motion carried.
City of North Liberty – 2014
Page: 1
Corridor Commercial Multi-Family Site Plan
Staff Presentation
Wheatley presented the request of Corridor Commercial Development Company to
approve a multi-family site plan for property zoned RM-12, generally located on the south
side of Ashley Court immediately west of the North Liberty Trail. Staff recommends
approval of this application.
Applicants Presentation
Duane Musser, MMS Consultants, and Kevin Digmann, Hodge Construction, presented the
application to the Commission. The Commission discussed the application with the
applicant.
Public Comments
No public comments were offered.
Questions and Comments
The Commission discussed the possibility of traffic congestion with this development, the
extension of Ashley Court, the quality of the design and the information contained in the
staff report.
Recommendation to City Council
Detlefsen moved, Obrecht seconded to approve the Corridor Commercial Multi-Family Site
Plan with no conditions. The vote was: ayes – Sayre, Heisler, Obrecht, Detlefsen, Moore;
nays – none. Motion carried.
Dahnovan Builders Rezoning
Staff Presentation
Wheatley presented the request of Dahnovan Builders to approve a several-part rezoning
for property generally located at the northwest corner of North Liberty Road and Dubuque
Street. Staff recommends approval with the conditions that a zoning agreement is executed
and approved at the time of the final zoning reading, acknowledging that approval of the
zoning districts in the configurations described is not an approval by the City of the specific
street and lot layout, and that adjustments to the districts and/or layout details may need
to be made in the future as additional information becomes available with platting and
development plans and that the RM zoning be RM-8.
Applicants Presentation
Mike Bails, Lepic Kroeger Realtors, spoke regarding the proposed rezoning application.
Public Comments
No public comments were received regarding the application.
Questions and Comments
The Commission discussed the application with the applicant including the quality of
development, the mix of uses, the commercial zoning, the green space, and how this
development fits with the land use plan.
City of North Liberty – 2014
Page: 2
Recommendation to City Council
Detlefsen moved, Heisler seconded to approve the Dahnovan Builders rezoning request to
RM-8 Multi Family Residential, RS-6 Single Family Residential, RD-10 Duplex Residential,
and C-2-A Commercial with condition number 2 of the staff report being included and the
RM designation being RM-8. The vote was: Obrecht, Detlefsen, Moore, Sayre, Heisler; nays
– none. Motion carried.
Approval of Previous Minutes
Sayre moved, Detlefsen seconded to approve the minutes of the June 3, 2014 Planning
Commission. The vote was: ayes – Heisler, Obrecht, Detlefsen, Moore, Sayre; nays – none.
Motion carried.
Old Business
No old business was presented.
New Business
Wheatley reported that next month’s meeting will be brief.
Adjournment
At 7:21 p.m., Detlefsen moved, Obrecht seconded to adjourn. All ayes. Meeting adjourned.
City of North Liberty – 2014
Page: 3