MINUTES
PLANNING AND ZONING COMMISSION
April 12, 2005
1. CALL TO ORDER.
Chairman Seidl called the regular monthly meeting of the Marion Planning and Zoning Commission to order at 6:00 P.M.
2. ROLL CALL
3.
Members Present: Seidl, Mooney, Techau, Olson, Preussner, Adamson, Golden.
Members Absent: Neighbor, Nesteby.
Staff Present: Treharne.
4. MINUTES -
a. Planning and Zoning – March 8, 2005
b. Zoning Board of Adjustment –March 15, 2005
c. City Council – March 3 and 17 and , 2005
Motion by Mooney, seconded by Techau, to approve the minutes as submitted.
All “ayes” motion carried.
5. CONDITIONAL USE REQUEST -
CPC Resolution No. 05-11 regarding L. L. Pelling Co., 3765 3rd Avenue, conditional use request pursuant to Section 176.27-2B(4) of the Marion Code of Ordinances to allow an asphalt production facility in an I-2, General Industrial zoning district. (Case #05-01C)
Hockett presented staff reports recommending approval conditioned upon the following items:
1. Pile heights shall not exceed 30’ in height and clear travel isles must be maintained throughout the site for emergency vehicle response.
2. A fence or method of containment shall not be required at this time; however, if complaints are received by the City concerning materials being placed or falling onto adjacent properties, L.L. Pelling Co. and the Marion Planning and Development Department shall explore options for correction.
3. The expansion site shall be required to meet landscaping requirements of Section 176.43 of the Marion Landscaping and Screening Standards. Specifically, the site shall provide a minimum of the following:
a. Nine (9) shade variety trees and eighteen (18) shrubs along 3rd Avenue outside of the required street right-of-way
b. The proposed site plan also indicates a 3’ high berm being located along the north property line and while not required, the berm should be constructed and integrated into the required landscaping along 3rd Avenue.
c. Landscaping shall be provided along the east and south perimeters of the proposed expansion area.
Mooney and Golden had questions regarding the number of trucks that would be using the site and whether access was going to be an issue. Chuck Finnigan, President of LL Pelling, responded stating that the number of trucks using the site will double and that there are currently 25 trucks per day. He further stated that getting 3rd Avenue through to 44th Street would provide much greater access to and from his property. Mr. Finnigan explained that most of the truck traffic for his business has to use Business Highway 151 from 35th Street because of the access issues with the intersection of 35th Street and Munier Road and Munier Road and US Highway 100.
Olson questioned where the pile height requirement came from.
Hockett explained that pile height was regulated with a previous Conditional Use Permit for a similar use. The petitioner has agreed to the height restriction as recommended.
Siedl questioned Mr. Finnigan on whether there would be an odor associated with the facility.
Mr. Finnigan explained that there should be less odor than currently associated with the existing plant. He further stated that the plant being constructed is a state of art facility and he has never had complaints at the existing site.
Siedl asked whether security is going to be an issue.
Mr. Finnigan stated that the product and chemicals used in the manufacture of asphalt are not flammable, nor are they explosive. He explained that the product is stored at extremely high temperatures; and although spill containment is not necessary, he is incorporating it into the design of the facility.
Mr. Finnigan further stated that he likes to keep the operation very neat and clean. He has agreed to landscape the property and berm both the north and east property lines consistent with the site plan. He continued by stating that other facilities of his have won industry awards for their sites, specifically the Diamond Award.
Motion by Mooney, second by Golden, to recommend approval of the request subject to staff conditions.
All “ayes” motion carried
6. ZONING CODE AMENDMENT -
a. CPC Resolution No. 05-12 recommending approval of an amendment to Section 176.44, EU – Exclusive Use District of the Marion Code of Ordinances regulating sanitary landfills.
Treharne explained that the item was not ready for discussion and requested a special meeting be set for April 26, 2005.
Motion by Mooney, seconded by Golden setting April 26, 2005 for a special meeting
All “ayes” motion carried
7. OTHER BUSINESS.
Staff updated the Planning Commission on upcoming development issues and anticipated future agenda items. Included in the general discussion were proposed mailbox regulations being set by the local Postmaster, issuance of building permits prior to approval of the any platting issues by the Commission, Commission review of request for proposals to amend the Zoning Ordinance, and Land Use Amendments and Rezoning regarding same project on the same agenda.
8. ADJOURN.
There being no further business to come before the Planning and Zoning Commission, the meeting was adjourned at 8:10 PM.
Respectfully Submitted,
Amy Olson, Secretary