MINUTES
PLANNING AND ZONING COMMISSION
AUGUST 9, 2005

1. CALL TO ORDER.

Chairman Siedl called the regular monthly meeting of the Marion Planning and Zoning Commission to order at 6:00 PM.

2. ROLL CALL.

Members Present: Techau, Adamson, Mooney, Siedl, Nesteby, Neighbor,
Members Absent: Golden, Preussner, Olson

3. MINUTES -

a. Planning and Zoning – July 12, 2005
b. Zoning Board of Adjustment – July 19, 2005
c. City Council – July 7 and 21, 2005

Motion by Mooney, seconded by Neighbor to approve the July 12, 2005 minutes as submitted.

Chairman Siedl read the rules and procedures for conducting a Public Hearing.

4. STREET / ALLEY VACATION –

a. CPC Resolution No. 05-21 regarding Curt Hames request to vacate the east/west alley west of Keyes Court (adjacent to 680 Keyes Court).  (Case # 05-02A)

Hockett presented the staff report regarding the proposed alley vacation.  Hockett stated that currently the alley is used by several property owners, however, the adjacent property owners have resolved access issues through easements and new access drives with the redevelopment of the property.  Staff recommends approval of the vacation of the property subject to easement agreements being completed prior to City Council action on the request.

George Kanz, Shive-Hattery, Inc. representing the applicant stated that issues have been resolved regarding garbage and mail delivery to the Kendall property and believes that the alley vacation will greatly improve the corner and create a larger tax base for the City of Marion.

Rich Wallace, 450 Marion Boulevard, stated that he supported the request as long as access is maintained to his property.

Motion by Mooney, seconded by Techau to approve CPC Resolution No. 05-21 regarding Curt Hames request to vacate the east/west alley west of Keyes Court (adjacent to 680 Keyes Court) subject to all utilities being relocated and access easements to the Wallace and Kendall properties are provided.

All “ayes” motion carried.

5. COMPREHENSIVE PLAN AMENDMENT / REZONINGS–

a. Public Hearing regarding Curt Hames request to amend the Marion Future Land Use Map of the Comprehensive Plan from Urban Residential to Commercial and rezone from R-2, Moderate Density, Single Family Residential to C-3, General Commercial property located north of Marion Boulevard west of Keyes Court.

Hockett presented the staff report regarding the proposed comprehensive plan amendment and rezoning amendment.  Hockett stated that the area proposed for amendment is a transitional area between the commercial / office activity along Marion Boulevard and the single family homes along Keyes Court.  Staff recommends approval of the proposed comprehensive plan amendment and rezoning subject to the following conditions:

(1) The use of the property shall at this time be limited to parking and access drives only.  The uses of this property may be expanded pending submittal of a site plan and approval of the Planning and Zoning Commission and City Council.
(2) Keyes Court frontage shall be landscaped per Section 176.43-9B of the Marion Code of Ordinances.
(3) The north property line shall be landscaped per Section 176.9A of the Marion Code of Ordinances with additional landscaping required above the minimum requirements to ensure adequate screening and buffering of the adjacent residential property.
(4) No signage other than directional (Entrance / Exit) signs shall be allowed on the property and shall be non-illuminated.
(5) Lighting shall be down directional.  The applicant shall submit a lighting plan at time of construction on any portion of the property subject to redevelopment.
(6) No exterior mechanical units and or refuse collection areas shall be located in the area described for rezoning.

George Kanz, representing the applicant, stated that the applicant is supportive of the conditions recommend by staff.  Mr. Kanz further stated that the building proposed will have a hipped roof and will make every effort to blend the property into the residential neighborhood.

Debra Mulder, 865 Knollcrest Drive, inquired as to the overall development of the property.

Hockett explained that the area to be rezoned is to be used as a parking lot and access drive only at this time and that staff conditions will limit the use to parking lot.  If the applicant in the future wishes to do something more with the property, he would be required to appeal back to the Planning and Zoning Commission and a public hearing similar to this one would be required.

Amy Dudik, 835 Knollcrest Drive, expressed concern that this project would increase the amount of traffic onto Keyes Court and that it is already used as a short-cut from Blairs Ferry Road to Marion Boulevard.

John Fiala, 865 Keyes Court, restated concerns about traffic and speed through Keyes Court.

There were no other questions for or against the proposed comprehensive plan amendment or rezoning amendment.  The public hearing was closed.

Mooney inquired as to how large the proposed building would be and were the green space is located.

George Kanz stated that the proposed building is approximately 7200 square feet and green space is located between the nearest home and access drive as well as along Keyes Court to provide a landscaped buffer to the residential neighborhood.

b. CPC Resolution No. 05-22 regarding Curt Hames request to amend the Marion Future Land Use Map of the Comprehensive Plan for property located north of Marion Boulevard west of Keyes Court from Urban Residential to Commercial.

Motion by Mooney, seconded by Adamson to recommend approval of CPC Resolution No. 05-22 regarding Curt Hames request to amend the Marion Future Land Use Map of the Comprehensive Plan for property located north of Marion Boulevard west of Keyes Court from Urban Residential to Commercial.

All “ayes” motion carried.

c. CPC Resolution No. 05-23 regarding Curt Hames request to rezone property located north of Marion Boulevard west of Keyes Court from R-5, Moderate Density, Multiple-Family Residential to C-3, General Commercial (680 Keyes Court).  (Case #05-05)

Motion by Preussner, seconded by Neighbor to recommend approval of CPC Resolution No. 05-23 regarding Curt Hames request to rezone property located north of Marion Boulevard west of Keyes Court from R-5, Moderate Density, Multiple- Family Residential to C-3, General Commercial (680 Keyes Court) subject to the following conditions:

(1) The use of the property shall at this time be limited to parking and access drives only.  The uses of this property may be expanded pending submittal of a site plan and approval of the Planning and Zoning Commission and City Council.
(2) Keyes Court frontage shall be landscaped per Section 176.43-9B.
(3) The north property line shall be landscaped per Section 176.9A with additional landscaping required above the minimum requirements to ensure adequate screening and buffering of the adjacent residential property.
(4) No signage other than directional (Entrance / Exit) signs shall be allowed on property to be rezoned and shall be non-illuminated.
(5) Lighting shall be down directional.  The applicant shall submit a lighting plan at time of construction on any portion of the property subject to redevelopment.
(6) No exterior mechanical units and or refuse collection areas shall be located in the area described for rezoning.

All “ayes” motion carried.

d. Public Hearing regarding Larry Kane request to rezone property located east of Shamrock Woods, south of Huntington Hills Addition from Linn County “A” to R-2, Moderate Density Single-Family Residential.

Hockett presented the staff report regarding the proposed rezoning.  Hockett stated that the rezoning is proposed to accommodate proposed single family development of the property.  Staff recommends approval of the request.

There were no other comments for or against the proposed rezoning.  The public hearing was closed.

e. CPC Resolution No. 05-24 regarding Larry Kane request to rezone property located east of Shamrock Woods, south of Huntington Hills Addition from Linn County “A” to R-2, Moderate Density Single Family-Residential.   (Case #05-11)

f. Motion by Techau, seconded by Preussner, to recommend approval of CPC Resolution No. 05-24 regarding Larry Kane request to rezone property located east of Shamrock Woods, south of Huntington Hills Addition from Linn County “A” to R-2, Moderate Density Single Family-Residential.

All “ayes” motion carried.

g. Public hearing regarding Hanzac Inc. request to rezone property located north of 29th Avenue and South of 35th Avenue, east and west of 44th Street from Linn County “A” to R-2, Moderate Density Single Family Residential and R-4, and Four Family Residential.

Hockett presented the staff report regarding the proposed rezoning of property to accommodate the proposed development of the property.  Hockett stated that the developer is proposing single family homes and condominium units similar to the applicant’s development to the south.  Hockett stated that staff was concerned about the number of driveways onto what will become REC Drive and would recommend limiting the number of driveways onto to this street.  Staff recommended approval of the rezoning to both R-2 and R-4 based on conformance with the Future Land Use Map.

Jim Wittenbel, representing the adjacent property, owner stated concerns about the proposed R-4 rezoning and what construction of condominiums will have on property values of the adjacent owners.  He stated that he felt single family homes would be better suited north of 29th Avenue and was concerned about the amount of water that this develop will create that will ultimately end up on their property.

There were no other comments for or against the proposed request.  The public hearing was closed.

Mooney stated that condominium units do not lower property values and are a component of almost every large development in the metro area.  He stated that these units, if anything like the ones to the south, will be owner occupied.

h. CPC Resolution No. 05-25 regarding Hanzac Inc. request to rezone property located north of 29th Avenue and South of 35th Avenue, east and west of 44th Street from Linn County “A” to R-2, Moderate Density Single Family Residential and R-4, Four Family Residential.  (Case #05-10)

Motion by Mooney, seconded by Adamson to recommend approval of CPC Resolution No. 05-25 regarding Hanzac Inc. request to rezone property located north of 29th Avenue and South of 35th Avenue, east and west of 44th Street from Linn County “A” to R-2, Moderate Density Single Family Residential and R-4, Four Family Residential.

All “ayes” motion carried.

i. Public hearing regarding Hunters Ridge Development Co., L.C. request to rezone property located east of Winslow Road and south of Winslow Heights Addition from Linn County “A” and PD-R, Planned Development Residential to R-1, Low Density Single Family Residential.

Hockett presented the staff report regarding the proposed rezoning request.  He stated that staff recommends approval of the proposed request.

There were no comments for or against the proposed request.  The public hearing was closed.

j. CPC Resolution No. 05-26 regarding Hunters Ridge Development Co., L.C. request to rezone property located east of Winslow Road and south of Winslow Heights Addition from Linn County “A” and PD-R, Planned Development Residential to R-1, Low Density Single Family Residential.  (Case #05-04)

Motion by Techau, seconded by Adamson to recommend approval of CPC Resolution No. 05-26 regarding Hunters Ridge Development Co., L.C. request to rezone property located east of Winslow Road and south of Winslow Heights Addition from Linn County “A” and PD-R, Planned Development Residential to R-1, Low Density Single Family Residential. 

All “ayes” motion carried.

k. CPC Resolution No. 05-27 setting public hearing for September 13, 2005 regarding City initiated rezoning of property located south of County Home Road east and west of Highway 13 and north of Artesian Road from Linn County A, A-F, I-1, A-R5A, and OT to A-1, Rural Restricted per Section 176.07-7(A) of the Marion Zoning Code.

Motion by Mooney, seconded by Adamson setting public hearing for September 13, 2005 regarding City initiated rezoning of property located south of County Home Road east and west of Highway 13 and north of Artesian Road from Linn County A, A-F, I-1, A-R5A, and OT to A-1, Rural Restricted per Section 176.07-7(A) of the Marion Zoning Code.

All “ayes” motion carried.

6. PRELIMINARY PLATS

a. CPC Resolution No. 05-28 regarding Hunters Ridge Golf Club Fifteenth Addition Preliminary Plat for property located east of Winslow Road and south of Winslow Heights Addition in Marion, Iowa (Hunters Ridge Development Co., L.C.).  (Case #05-58)

Hockett presented the staff report regarding the proposed preliminary plat and stated that it is consistent with the Marion Subdivision Ordinance and the proposed rezoning.  Staff recommends approval of the proposed preliminary plat.

There was no public comment for or against the proposed preliminary plat.

Motion by Adamson, seconded by Preussner to recommend approval of CPC Resolution No. 05-28 regarding Hunters Ridge Golf Club Fifteenth Addition Preliminary Plat for property located east of Winslow Road and south of Winslow Heights Addition in Marion, Iowa (Hunters Ridge Development Co., L.C.)

All “ayes” motion carried.

b. CPC Resolution No. 05-29 regarding Rabbit Run First Addition Preliminary Plat for property located south of 29th Avenue, east of Lansing Court and west of 44th Street in Marion, Iowa (Gemini Development).  (Case #05-63)

Hockett presented the staff report regarding the proposed preliminary plat.  Hockett stated that as proposed the development meets the intent of both the subdivision and zoning ordinances; however, lot sizes are significantly smaller than adjacent properties and staff is concerned about the developer’s ability to adequately site a house on some of the corner lots.

Steigerwaldt reviewed the proposed stormwater detention plan.

Gary Black, Gemini Development, stated that while the lots may be smaller than adjacent lots the styles of the homes would be similar to those around it.

Joe Myers, 2855 Lansing Court, stated that he hopes trees along the property line will be maintained and that additional plantings can be provided.

Susan Myers, 2855 Lansing Court, stated she was concerned that with increase in density and that their views would be obstructed.

Michelle Nelson, 2850 Lansing Court, stated her concerned about the size of lots and the impact it will have on their home values.

Mandie Wagner, 2785 Lansing Court, stated her concerned about the lot sizes and would also like to see as many trees along the property line saved as possible.

There was no other public comment for or against the proposed preliminary plat.

Motion by Mooney, seconded by Adamson to recommend approval of CPC Resolution No. 05-29 regarding Rabbit Run First Addition Preliminary Plat for property located south of 29th Avenue, east of Lansing Court and west of 44th Street in Marion, Iowa (Gemini Development) subject to row of trees being planted along the west property line.

All “ayes” motion carried.

7. OTHER BUSINESS.

a. Discussion - Zoning Code Update

Treharne provided a brief update regarding the zoning code update.

8. ADJOURN.

There being no further business to come before the Planning and Zoning Commission, the meet was adjourned at 8:00 PM.

Respectfully submitted,

Amy Olson, Secretary.