MINUTES
PLANNING AND ZONING COMMISSION
MARCH 8, 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.
Members Present: Seidl, Mooney, Techau, Olson, Neighbor, Preussner (6:02), Adamson (6:05)
Members Absent: Nesteby, Golden
Staff Present: Treharne, Hockett, Steigerwaldt
3. MINUTES -
a. Planning and Zoning – February 8, 2005
b. Zoning Board of Adjustment –February 15, 2005
c. City Council – February 3 and 17, 2005
Seidl requested a correction to the minutes stating that he did not represent the Marion Churches Foundation, but was a Board member.
The minutes from the February 8, 2005 Planning and Zoning Commission meeting were approved as amended.
Treharne presented a brief summary of the items on tonight’s agenda and the purpose of each item as they relate to each other.
4. COMPREHENSIVE PLAN AMENDMENT -
a. Public hearing regarding a proposed amendment to the Future Land Use Map of the Marion Comprehensive Plan to change the designation for a portion of property located west of Hillview Drive and Grand Avenue extended, between the abandoned railroad right-of-way and Indian Creek from Parks and Recreation to Urban Residential (Anace Aossey).
Chairman Seidl declared the public meeting open (6:15 P.M).
Hockett presented the staff report regarding the proposed Future Land Use Map amendment. Hockett explained that the amendment to Urban Residential land use designation is required to accommodate the proposed development of this property.
Neighbor asked how much of the property in question is in the flood plain.
Hockett explained that within the proposed land use amendment boundaries only a small portion, likely less than 2 of the total 18 acres of the property, is in the flood plain.
Seidl inquired as to the criteria used to review and evaluate a Land Use Map amendment.
Hockett stated that staff reviewed several criteria regarding the proposed amendment. He stated that their initial review of the amendment they looked at whether or not the property could be developed. Hockett stated that most of the property is outside the 100 year flood plain and with two residential streets and all utilities extended to the west property line of the development it appears that the City has planned on future development or a change in use of the property from its current vacant use.
Hockett further stated that when the Comp Plan was completed in 1999 it was a general plan and areas that were thought to be sensitive were identified as Parks and Recreation. He stated that as development occurs, engineering is required to verify the location of flood plain or topographical difficulties that would limit development. Hockett stated that the developer’s engineer has reviewed the site and has identified approximately 18 acres that are potentially developable.
John Dusek of Armstrong Development, 222 Third Avenue SE, Cedar Rapids, gave a brief overview of the project and stated that he would provide additional detail of his request during the public hearing regarding the rezoning and that he was available for any questions.
Mary Ann Conant, 1035 Parkview Drive, asked what the platting process involved.
Treharne provided a brief summary of what the platting and review process involves.
Kim Dooley, 360 Hillview Drive, stated concerns regarding the floodplain that runs through the development and the number of units proposed to be located in the development
Pat O’Connell, 247 Grand Avenue, expressed opposition to the proposed amendment. He questioned the need for the development and the possibility of this area being used as a trailhead. Mr. O’Connell questioned the need to amend the land use designation that properly identified this area as sensitive when it was originally approved. Mr. O’Connell inquired as to the density of the development and the amount of hard surface that will result in additional water flowing into the creek. He also raised concern about the amount of traffic that the development would create onto both Hillview Drive and Grand Avenue.
George Kinnaird, 135 Grand Avenue, expressed his opposition to the proposed land use amendment. Mr. Kinnaird stated that he felt that the area naturally lends itself to park.
Cheryl Kinnaird, 135 Grand Avenue, questioned the need for additional housing and the market for additional condominiums in Marion. She stated that she felt it should remain with the Parks and Recreation Designation.
Chris Foster, 250 Valleyview Drive, inquired as to who made the request for the change in land use designation.
Chairman Seidl stated that the request came from John Dusek of Armstrong Development, the developer and agent of the owner of the property.
Gary Sondag, 390 Grand Avenue, stated concern that if this amendment is approved what will stop future development of this area.
Tim Lovell, 240 Valleyview Drive stated that he is opposed to the proposed land use amendment and development of the property.
Paul Tope, 380 Grand Avenue, stated opposition to the proposed amendment and agreed with previous comments regarding the traffic impact of this development.
Charles Cejka, 385 Hillview Drive, inquired as to how much of the development is currently in the Flood Plain.
Chairman Seidl stated that information and additional details regarding the flood plain would be available during the preliminary plat portion of the agenda
There were no additional comments for or against the proposed land use map amendment and Chairman Seidl declared the public hearing closed (7:30PM).
b. CPC Resolution No. 05-06 regarding a proposed amendment to the Future Land Use Map of the Marion Comprehensive Plan to change the designation for a portion of property located west of Hillview Drive and Grand Avenue extended, between the abandoned railroad right-of-way and Indian Creek from Parks and Recreation to Urban Residential (Anace Aossey).
Techau stated that he did not see the need to amend the land use designation due to flood plain and topographical difficulties of the property.
Mooney stated that growth is important to the city and that the developer has identified portions of his property that are developable and outside of the flood plain and stated support for the proposed land use amendment.
Motion by Mooney, seconded by Adamson, to recommend approval of CPC Resolution No. 05-06 regarding a proposed amendment to the Future Land Use Map of the Marion Comprehensive Plan to change the designation for a portion of property located west of Hillview Drive and Grand Avenue extended, between the abandoned railroad right-of-way and Indian Creek from Parks and Recreation to Urban Residential
Roll Call:
Ayes: Mooney, Adamson, Seidl, Olson, Preussner
Nays: Neighbor, Techau
Motion carries (5-2)
5. REZONING -
a. Public hearing regarding a request by Anace Aossey to rezone property located west of Hillview Drive and Grand Avenue extended, between the abandoned railroad right-of-way and Indian Creek from A-1, Rural Restricted to PD-R, Planned Development-Residential.
Chairman Seidl declared the public hearing open at 7:40 P.M.
Hockett presented the staff report regarding the proposed rezoning request. He explained both the current and proposed zoning districts and provided a brief overview of the process of approval for a planned development. Hockett presented the proposed preliminary site development plan and reviewed the zero-line concept and how it compares to traditional development.
Hockett reviewed general locations of the detention ponds and flood plain as it relates to locations of proposed structures, and stated he would provide additional details regarding the exact location and elevations during discussion of the preliminary plat.
Mooney noted that the floor plans and building elevations do not correspond to what is shown on the preliminary site development plan and asked if the footprints shown reflect actual plans.
John Dusek of Armstrong Development, explained that the elevations submitted were merely samples of what they hope to achieve on the site. The units are proposed to be side load and at time of the final site development plan they will have very specific plans for construction.
Mr. Dusek further explained the development concept and stated that the majority of homes will range from the low to mid $200,000. All units are proposed with three stall garages and covenants are currently being drafted that will deal with accessory structures and property maintenance.
Pat O’Connell, 245 Grand Avenue, stated that she felt there were too many unanswered questions and the rezoning should be denied. She also stated concerns that there will be 141 garages resulting in a great increase in the amount of traffic on to Grand Avenue. Mrs. O’Connell stated that all Commission members should visit the site before making any decision to fully understand the location of the creek as it relates to this development and to see the impact it will have on the existing neighborhood if approved.
Mrs. O’Connell inquired as to how much of the property will be filled and if the trees located on Alliant Energy’s property would be removed.
Mr. Dusek stated that there would be little or no additional dirt brought to the site. He stated some fill would occur along Gold Leaf Court, but that dirt would be relocated from on site. He further stated that trees would remain on Alliant Energy’s property, except for those trees removed to accommodate the extensions of Hillview Drive and Grand Avenues, but that Alliant Energy could remove these trees at their discretion at any time.
Tim Lovell, 240 Valleyview Drive, stated that it appears that the private drive is located very close to the flood plain and is concerned about the homes being located so close to the flood plain.
Chris Foster, 250 Valleyview Drive, stated concerned that access into the development is really only one way, via Grand Avenue and since Hillview Drive intersects Grand Avenue he is worried about access if Grand Avenue should be closed.
Steigerwaldt explained how the City would conduct improvements on Grand Avenue and leave it open for traffic. Steigerwaldt also explained that City emergency vehicles can ride over a curb to get around an accident that occurs on the street.
Ralph Standley, 185 Grand Avenue restated public safety of accessing this area if Grand Avenue is closed and emergency vehicles can not reach this area.
Mary Ann Conant, 1035 Hillview Drive stated concerns regarding the flood plain and the basements of the proposed units.
There were no additional comments for or against the proposed rezoning request. The public hearing was closed at 8:55 P.M.
b. CPC Resolution No. 05-07 regarding a request by Anace Aossey to rezone property located west of Hillview Drive and Grand Avenue extended, between the abandoned railroad right-of-way and Indian Creek from A-1, Rural Restricted to PD-R, Planned Development-Residential. (Case #05-01)
Mooney stated that he supported the rezoning, but would like to see additional language placed in the Ordinance regulating size of structures, location and building materials.
Techau stated his opposition to the rezoning as there are too many unanswered questions regarding the flood plain.
Motion by Siedl, seconded by Mooney to recommend approval to CPC Resolution No. 05-07 regarding a request by Anace Aossey to rezone property located west of Hillview Drive and Grand Avenue extended, between the abandoned railroad right-of-way and Indian Creek from A-1, Rural Restricted to PD-R, Planned Development-Residential subject to staff comments.
Roll Call:
Ayes: Mooney, Seidl, Olson, Preussner
Nays: Neighbor, Techau
Abstain: Adamson
Motion carries (4-2-1)
6. PLATS -
a. CPC Resolution No. 05-08 regarding Creekview Addition to the City of Marion, Preliminary Plat property located west of Hillview Drive and Grand Avenue extended, between the abandoned railroad right-of-way and Indian Creek. (Case #05-52)
Techau leaves the meeting at 9:05 P.M.
Hockett presented the staff report regarding the proposed preliminary plat.
Steigerwaldt presented information related to the proposed stormwater detention ponds and flood plain location.
Mooney asked why the hammerhead was being used for turnarounds instead of cul-de-sacs.
Hockett stated that Gold Leaf Court is technically a private driveway not a street and does not require the cul-de-sac. However, due to the length the Fire Department does required a turn around and have several alternatives that are acceptable with the hammer head being one of them as long as proper signage is provided.
Mary Ann Conant, 1035 Hillview Drive, asked how water would be handled in the cul-de-sac.
Dan Tegtmeier, Brian Engineering, representing the applicant provided a brief summary of stormwater drainage throughout the development.
Andrew Dooley, 360 Hillview Drive, asked how water would run through the property and how it would affect his property as water has come close to the home in the past. He stated that any fill in this development will have an impact on his property.
Beth Schaefer, 390 Hillview Drive, stated her opposition to the proposed preliminary plat.
Ralph Standley, 185 Grand Avenue, asked how the soil composition of the development will affect drainage.
Steigerwaldt explained the developments soil composition. He stated that while soil does affect drainage with any development, the developer has allowed for this soil type with sizing of the basins.
Kim Dooley, 360 Hillview Drive, restated concerns regarding stormwater problems that the north side of Hillview Drive has been faced with.
Olson leaves the meeting 9:55 P.M.
Pat O’Connell, 245 Grand Avenue, stated concerns that the entire area has been under water during heavy rains and does not understand how that can be avoided with development. She asked who would be responsible to inform future buyers of the flood plain and how information regarding the flood plain is reviewed.
Steigerwaldt explained that the stormwater reports are submitted from the developer’s engineer and it is reviewed by City Staff per FEMA and DNR standards of review.
There were no additional comments for or against the proposed request.
Motion by Mooney, seconded by Preussner to recommend approval of CPC Resolution No. 05-08 regarding Creekview Addition to the City of Marion, Preliminary Plat property located west of Hillview Drive and Grand Avenue extended, between the abandoned railroad right-of-way and Indian Creek, subject to the following:
1. Wetland delineation report be submitted and approved.
2. Consent to plat property for right-of-way from Alliant Energy be submitted.
3. Hillview Drive connection to existing street alignment corrected.
Roll Call:
Ayes: Mooney, Seidl, Preussner, Adamson
Nays: Neighbor
Motion carries (4 – 1)
b. CPC Resolution No. 05-09 regarding Pheasant Trail Seventh Addition in the City of Marion, Final Plat and Final Site Development Plan located south of 29th Avenue, east of 44th Street. (Case #05-54)
Treharne presented the staff report regarding the proposed Final Site Development Plan and Final Plat. Treharne stated that both the Final Plat and Final Site Development Plan are consistent with the approved preliminary plat and preliminary site development plan.
There were no comments for or against the proposed preliminary plat.
Motion by Mooney, seconded by Adamson to recommend approval of CPC Resolution No. 05-09 regarding Pheasant Trail Seventh Addition in the City of Marion, Final Plat and Final Site Development Plan located south of 29th Avenue, east of 44th Street.
All “ayes” motion carried.
7. OTHER BUSINESS.
There was no additional business to come before the Planning and Zoning Commission.
8. ADJOURN.
There being no further business to come before the Planning and Zoning Commission, the meeting was adjourned at 10:29 P.M.
Respectfully Submitted,
Amy Olson, Secretary