MINUTES
PLANNING AND ZONING COMMISSION
JULY 13, 2004

 
1.                  CALL TO ORDER.

The regular meeting of the Marion Planning and Zoning Commission was called to order at 6:00PM.
 
2.                  ROLL CALL.
Members Present:      Seidl, Techau, Adamson, Nesteby, Golden, Neighbor 
Members Absent:        Preussner, Mooney, Olson
Staff Present:              Treharne, Hockett, and Steigerwaldt
 
3.                  MINUTES -

a.                  Planning and Zoning – June 8, 2004
b.                  Zoning Board of Adjustment – June 15, 2004
c.                  City Council – June 3 and 17, 2004
 
Motion by Techau, seconded by Golden to approve the minutes of the Planning and Zoning meeting of June 8, 2004 as submitted.
 
All “ayes” motion carried.

4.                  ZONING -

a.                  Public hearing regarding Archiprop, L.C. request to rezone property located at 2770 18^th Avenue from R-2, Medium Density Single-Family Residential to RT-1, Residential/Transitional.
 
Chairman Siedl opened the public hearing regarding the proposed rezoning of property located at 2770 18^th Avenue.
 
Treharne, presented the staff report regarding the proposed rezoning request.  Treharne stated that the daycare is a permitted use in the building as long as there is a preschool located on the site.  If the preschool should cease to exist, then the daycare would not be allowed to continue.  Treharne stated that for the daycare to stand alone if the preschool should cease to exist, the property would have to be rezoned to RT-1 and would still require a conditional use to operate on the property.
 
Staff stated it had concerns with the number and types of uses that would be permitted to operate in the facility if the rezoning were approved and recommended denial of the request.
 
Steve Emerson, 1291 12^th Street, stated that the intent of the rezoning is to ensure that the daycare can operate in the facility if the preschool should ever leave the building; however, Mr. Emerson indicated that a 10 year lease has been negotiated.  Mr. Emerson stated his intent was to find a viable use for a building that has been vacant for sometime and feels that the daycare will fill a need in the community.
 
James Graff, 2995 18^th Avenue, expressed concern regarding the amount of traffic generated by Wilkins Elementary School and now a day care.  He stated that he felt it would create a lot of problems for a neighborhood without sidewalks and feels that rezoning the property to something that could allow more office and commercial uses is the wrong direction.
 
Bob Creaton, 660 Bent Creek Drive, representing Kids Inc inquired why Mr. Emerson is being permitted to occupy the property when he was told that Kids Inc would not be allowed to operate there when they inquired about the property.
 
Hockett explained that he does not recall the conversation with Mr. Creaton, but explained that Mr. Emerson is proposing a preschool and that a daycare facility would be a permitted accessory use to preschool. 
 
Jeanette Chervenka, 2765 18^th Avenue, expressed concern about allowing a daycare to operate in the building in a residential neighborhood and the traffic that it will generate.  Mrs. Chervenka stated that she called numerous other daycare facilities in the area and they all had immediate openings and did not understand what need there was for another facility in Marion at this time.
 
Mark Baumann, 2795 18^th Avenue, inquired to inspections required as part of the occupancy of the building.
 
Hockett, indicated that the State of Iowa establishes the minimum standards for a facility of this nature and the local building and fire officials would review the plans for consistency with those requirements.
 
Ellen Babich, 2895 18^th Avenue, stated that the rezoning should be approved prior to any work beginning on the property.
 
Hockett stated that a building permit can be pulled at any time as long as the proposed plans meet code.
 
Gary Young, 4047 Bruce Road, inquired if a ratio of preschool students to daycare students would be required to allow the daycare to operate.
 
Marilyn Sippy, 2815 18^th Avenue, expressed concern regarding number of traffic and the high number of walkers in the area and lack of sidewalk.
 
Loras Greif, 3010 18^th Avenue, stated he could not support the rezoning change for a residential neighborhood, but supports the idea of a daycare in the building if it was permitted in the existing zoning classification.
 
Roger Craddock, 2735 McGowan Boulevard, asked what sort of residential uses could be placed on the property if the daycare would not occur.
 
Hockett stated that under current zoning only single family homes could be located on the property, and based on the amount of area available, approximately 12 homes could be located on the site.
 
Michael Chute, 2860 19^th Avenue, stated that he would like to see the property remain R-2, and allow the preschool / daycare as a conditional use in the R-2 zoning district.  He stated he would much rather see the larger church remain and have all the open space in front of their homes as opposed to 12 small homes which can be built on the property. 
 
Mark Baumann, 2795 18^th Avenue, expressed concern regarding how this will affect their property values, and stated that he believes more market research needs to be conducted prior to permitting the daycare to operate in this location.
 
Val Craddock 2735 McGowan Boulevard, stated that traffic was a major concern and would not like to see that many cars a day in the residential neighborhood.
 
Michael Chute, 2860 19^th Avenue, stated he felt property values would be maintained or increased with a daycare / preschool in the area, which he feels would be a potential draw to young home owners as opposed to 12 small homes being constructed on the site.
 
Ted Grenis, 2790 19^th Avenue, inquired if the preschool would be utilizing mobile trailers similar to the church in the future.
 
Mr. Emerson, stated the only outside structures will be the playground equipment.
 
Jim Graaf, 2995 18^th Avenue, asked if the existing kitchen, bathrooms and sanitary sewer could handle the proposed use.
 
Siedl, stated that the building would have to have appropriate sized kitchens and bathrooms to accommodate this type of facility; however, building code does not directly relate to the rezoning request before the Commission tonight.
 
Treharne, reminded the Commission that staff is recommending denial of the request; however, Treharne stated that his interpretation of the code permits the daycare to operate in the R-2, zoning district as an accessory use to the preschool and that the rezoning is not necessary to operate the facility.
 
There were no additional public comments for or against the proposed rezoning request.

b.                  CPC Resolution No. 04-23 regarding Archiprop, L.C. request to at 2770 18^th Avenue from R-2, Medium Density Single-Family Residential to RT-1, Residential/Transitional rezone property.  (Case #04-03)
 
Mr. Emerson, representing Archiprop .LC., requested that that the rezoning request be withdrawn for consideration by the Commission.
 
CPC Resolution No. 04-23 was withdrawn at petitioner’s request.

5.                  PLATS -

a.                  CPC Resolution No. 04-24 regarding Gills Sixth Addition in the City of Marion, Iowa – Final Plat located east of Alburnett Road, north of Irish Court (Curt and Barbara Gill).  (Case #04-78)
 
Treharne presented the staff report regarding the proposed final plat.
There was no public comment for or against the proposed request.
 
Motion by Techau, seconded by Golden, to recommend approval of CPC Resolution No. 04-24 regarding Gills Sixth Addition in the City of Marion, Iowa, Final Plat.
 
All “ayes” motion carried.

b.                  CPC Resolution No. 04-25 regarding Haefner’s First Addition to the City of Marion, Iowa – Final Plat  located south of Business Highway 151, east of 35^th Street (Dennis and Nancy Haefner).  (Case #04-77)

Hockett presented the staff report regarding the proposed Final Plat.
 
Terry Chew, Anderson Bogart Engineering, representing the applicant, indicated that they anticipated 110 trips per hour and that the proposed access is sufficient to handle the anticipated number of trips.
 
There was no additional public comment regarding the final plat.
 
Motion by Techau, seconded by Preussner to recommend approval of CPC Resolution No. 04-25 regarding Haefner’s First Addition to the City of Marion, Iowa, Final Plat.

All “ayes” motion carried.

c.                  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)
 
Treharne requested that the Commission table any action on the proposed request until the August 10, 2004 Planning and Zoning Commission meeting.
 
Motion by Techau, seconded by Nesteby, to table 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.). 
 
All “ayes” motion carried.

6.                  ALLEY VACATION -

a.                  CPC Resolution No. 04-27 regarding Patty Jo Turner request to vacate and sell the north one-half of the north/south alley adjacent to 731 5^th Avenue.  (Case # 04-01A)
 
Hockett presented the staff report regarding the proposed alley vacation.  Hockett stated that utility companies are requesting a permanent easement be maintained over the entire site.  He stated Mediacom is requesting that the applicant pay for realignment of an overhead line.  Hockett stated that the house is located approximately 1½ feet to 2 feet inside the City owned alley.
 
Patty Jo Turner, 2112 S. 31^st Street, stated that they would like to use the alley to have their entire house located on their property and utilize it for off street parking.
 
Nesteby inquired if the applicant was supportive of paying to relocate the Mediacom lines in addition to the purchase price of the alley.
 
Ms Turner indicated that they were willing to pay the price to purchase the ally.
 
Motion by Seidl, seconded by Nesteby, recommending approval of CPC Resolution No. 04-27 regarding Patty Jo Turner request to vacate and sell the north one-half of the north/south alley adjacent to 731 5^th Avenue. 

All “ayes” motion carried.

7.                  OTHER BUSINESS.

a.                  Discussion regarding Zoning Ordinance Action Plan.
 
Treharne updated the Commission on the updates to the Zoning Ordinance and indicated that staff would be bringing new sections of the Zoning Ordinance to the Commission in the near future.

8.                  ADJOURN.
 
There was no additional business to come before the Commission.  The meeting was adjourned at 8:30 P.M.
 
Respectfully submitted,
 
 
 
 

Amy Olson, Secretary