MINUTES
PLANNING AND ZONING COMMISSION
AUGUST 10, 2004

1. CALL TO ORDER.

Chairmen Siedl, called the regular meeting of the Marion Planning and Zoning Commission to order at 6:00 P.M.

2. ROLL CALL.

Members Present:   Seidl, Mooney, Adamson, Neighbor, Techau, Olson
Members Absent:   Golden, Nesteby, Preussner
Staff Present: Treharne, Planning and Development Director
   Hockett, Assistant Planner
   Steigerwaldt, Assistant City Engineer

3. MINUTES -

a. Planning and Zoning – July 13, 2004
b. Zoning Board of Adjustment – July 20, 2004
c. City Council – July 1 and 15, 2004

Motion by Mooney, seconded by Techau, to approve the July 13, 2004 Planning and Zoning Commission minutes as submitted..

4. PLATS -

a. CPC Resolution No. 04-26 regarding Wal-Mart First Addition, Marion Iowa – Preliminary Plat located south of Business Highway 151, west of Highway 13 (Wal-Mart Stores, Inc.).  (Case #04-77) (TABLED AT JULY 13, 2004 MEETING)

Treharne presented the staff report regarding the proposed Preliminary Plat.  Treharne stated that he recommended approval of the proposed request, subject to conditions as follows:
 
1. Mitigation of identified wetlands as required by the Iowa Department of Natural Resources.
2. Public access easement from 8th Avenue, north along parking lot to 57th Street
3. Approval of right in / right out access to Highway 13 by Iowa Department of Transportation (IDOT).
4. Sanitary Sewer easement extended to the south property line.

Steigerwaldt presented information regarding the existing wetland identified on the property.

Jason Fembrite, Bolton and Menk Engineers representing the applicant, stated that they felt they had met all conditions required by the City and are still working through the access issues for access onto Highway 13 with the Iowa Department of Transportation (IDOT).

Adamson inquired to the timing of the proposed gas station on the site and location of signs on the property.

Fembrite, stated that the gas station could be constructed at any time during Wal-Mart construction or after opening.  The only Wal-Mart sign would be located along US Highway 151 near the entrance drive.

Mooney questioned the accuracy of the site plan and the elevation provided and stated that he would like to see the plat reflect the elevation.

Motion by Techau, seconded by Olson, to recommend approval of CPC Resolution No. 04-26 regarding Wal-Mart First Addition, Marion Iowa Preliminary Plat located south of Business Highway 151, west of Highway 13 (Wal-Mart Stores, Inc.) subject to the following conditions:

1. Mitigation of identified wetlands as required by the Iowa Department of Natural Resources.
2. Easement for public access easement from 8th Avenue north along parking lot to 57th Street
3. Approval of right in / right out access to Highway 13 by Iowa Department of Transportation (IDOT).
4. Sanitary Sewer easement extended to the south property line.
5. Site plan match proposed elevation drawings.

All “ayes”, motion carried.

b. CPC Resolution No. 04-28 regarding Prairie Meadows Addition to Marion, Linn County, Iowa – Preliminary Plat and Preliminary Site Development Plan located west of 50th Street, north of 48th Street Court.  (JPM Enterprises, Inc.)  (Case #04-80)

Hockett presented the staff report regarding the proposed preliminary plat and preliminary site development plan.  He stated that staff recommends approval subject to the southern most condominium unit west of 49th Street be moved north and adequate landscaping between said unit and property line be provided similar to identified buffer directly west.

Tred Schnoor, Schnoor-Bonofazi Engineering and Surveying, L.C. representing, the applicant stated that he was available for or any questions.

Michelle Beghtol, 1965 48th Street Court, expressed concern about stormwater, but stated she felt that adequate room exists between her property and the proposed condominiums.

Jim Beghtol, 1965 48th Street Court, stated that water does currently sit between his property and the proposed development and he would like to see additional information regarding how water will be moved through the property

Tred Schnoor, stated that a swale would be designed behind the units to handle water from the development and move it to the Squaw Creek drainage area to the west.

There were no additional questions for or against the proposed preliminary plat and preliminary site development plan.

Motion by Mooney, seconded by Techau to approve CPC Resolution No. 04-28 regarding Prairie Meadows Addition to Marion, Linn County, Iowa Preliminary Plat and Preliminary Site Development Plan located west of 50th Street, north of 48th Street Court subject to southern most condominium unit west of 49th Street be moved north and adequate landscaping between said unit and property line be provided similar to identified buffer directly west.
 
All “ayes”, motion carried.

c. CPC Resolution No. 04-29 regarding Industrial Center East Addition to the City of Marion, Linn County, Iowa – Revised Preliminary Plat located east/west of 44th Street, south of abandoned railroad right-of-way (Nancy E. Riley)  (Case #04-81)

Treharne presented the staff report regarding the proposed preliminary plat.

Peter Riley, Tom Riley Law Firm, representing the applicant stated that the preliminary plat is being replatted to accommodate a change of lot sizes and a minor correction to Third Avenue.

John Hennessey, 4200 Munier Road, inquired as to the location of proposed detention ponds adjacent to his property.

There were no additional questions for or against the proposed request.

Motion by Olson, seconded by Adamson, to recommend approval of CPC Resolution No. 04-29 regarding Industrial Center East Addition to the City of Marion, Linn County, Iowa Revised Preliminary Plat located east/west of 44th Street, south of abandoned railroad right-of-way (Nancy E. Riley).

All “ayes”, motion carried.

 Mooney removed himself from the Commission at 7:27 P.M.

5. REZONING -

a. Public Hearing regarding Mooney-Engle Land Company L.C. request to rezone property located west of N.10th Street, north/south of Barrington Parkway from O-1, Office Transitional to PD-C, Planned Development – Commercial.

Chairman Siedl declared the public hearing open at 7:30 PM

Treharne presented the staff report regarding the proposed rezoning request and preliminary site development plan. 

Tim Mooney, Mooney-Engle Land Company, L.C., stated that the rezoning is not an effort to change the type of structures or quality of development in the area, but is designed to allow more uses than is currently permitted in the O-1, Office Transitional Zoning District.  If the rezoning is permitted, it will allow smaller food service businesses such as a sub or pizza shop.

Bob Schlegel, 3600 N. 10th Street, expressed his concern with the commercial development and that it was moving away from the residential character which was initially proposed for the area.  Schlegel stated that he sees no reason to rezone the property at this time.

Mooney stated that the buildings, signs, and landscaping would meet the previous conditions placed on the zoning.

Dave Nicholson, 2305 Beryl Street, representing the Linn Mar School District, expressed concerns regarding a convenience store being located in the area and the number of kids crossing N. 10th Street to the development.

There were no additional questions or comments regarding the proposed rezoning request and the public hearing was closed at 7:52 P.M.

b. CPC Resolution No. 04-30 regarding Mooney-Engle Land Company LC request to rezone property located west of N.10th Street, north/south of Barrington Parkway from O-1, Office Transitional to PD-C, Planned Development – Commercial.  (Case #04-06)

Motion by Techau, seconded by Neighbor to recommend approval of CPC Resolution No. 04-30 regarding Mooney-Engle Land Company L.C. request to rezone property located west of N.10th Street, north/south of Barrington Parkway from O-1, Office Transitional to PD-C, Planned Development – Commercial, subject to the conditions established in Ordinance 03-07 dated April 3, 2003, for the PD-C zoning district directly west of this property.

All “ayes”, motion carried.

6. ZONING CODE AMENDMENT –

Mooney rejoined the Commission at 7:54 PM

a. Public hearing regarding Stephen L. Emerson request to amend the Section 176.10-2 of the Marion Code of Ordinances to allow a day care center as a conditional use in the R-1, Low Density Single-Family, R-2, Medium Density Single-Family Residential and R-3, Medium Density Two-Family Residential Zoning Districts.

Chairman Seidl declared the public hearing open at 7:56 P.M.

Treharne presented the staff report regarding the proposed request to amend the Marion Code of Ordinances to allow daycare centers to operate in residential zoning districts as a conditional use.

Techau, questioned the need for an amendment at this time.

Treharne indicated that the request was submitted by a citizen and staff is reacting to the request.

Marilyan Sippy, 2815 18th Avenue, thanked the Commission for the time they have spent on this issue to date and expressed some concerns regarding the proposed amendment.  She stated her primary concern was that many property owners in the immediate area were opposed to the rezoning change to permit the use and was concerned about another method in which to permit the daycare.

Marilyn Sippy further expressed concern regarding traffic generated by daycare centers in residential areas.  She said that daycare centers do not necessarily follow regular hours of operation and sometimes operate 10 hours a day from 6 A.M. to 6 P.M., and often with Saturday hours.

Treharne stated that as a conditional use all of these items would be required to be addressed prior to approval

There were no additional comments for or against the proposed request and the public hearing was closed at 8:25 P.M.

b. CPC Resolution No. 04-31 regarding Stephen L. Emerson request to amend the Section 176.10-2 of the Marion Code of Ordinances to allow a day care center as a conditional use in the R-1, Low Density Single-Family, R-2, Medium Density Single-Family Residential and R-3, Medium Density Two-Family Residential Zoning Districts.

Motion by Techau, seconded by Adamson to recommend denial of CPC Resolution No. 04-31 regarding Stephen L. Emerson request to amend the Section 176.10-2 of the Marion Code of Ordinances to allow a day care center as a conditional use in the R-1, Low Density Single-Family, R-2, Medium Density Single-Family Residential and R-3, Medium Density Two-Family Residential Zoning Districts.

Ayes:  Techau, Adamson
Nays: Seidl, Mooney, Neighbor, Olson

Motion failed 4-2

Motion by Seidl, seconded by Mooney to recommend approval of CPC Resolution No. 04-31 regarding Stephen L. Emerson request to amend the Section 176.10-2 of the Marion Code of Ordinances to allow a day care center as a conditional use in the R-1, Low Density Single-Family, R-2, Medium Density Single-Family Residential and R-3, Medium Density Two-Family Residential Zoning Districts.

Ayes:  Seidl, Mooney, Neighbor, Olson
Nays: Techau, Adamson

Motion carried on a 4-2 vote.

7. OTHER BUSINESS.

a. Discussion regarding amendment to Major Street Ordinance.

Treharne indicated that Staff would be bringing a request to the September 2004 meeting regarding amending the Major Street Ordinance.

8. ADJOURN.

There being no additional business to come before the Planning and Zoning Commission, the meeting was adjourned at 8:35 P.M.

Respectfully submitted,

Amy Olson, Secretary