MINUTES
Marion Planning and Zoning Commission
November 14, 2006

1. CALL TO ORDER.

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

2. ROLL CALL.

Members Present:  Mooney, Krigbaum, Golden, Techua, Nesteby, Siedl neighbor
Members Absent:   Pressuner
Staff Present:       Hockett, Steigerwaldt

3. MINUTES -

a. Planning and Zoning – October 10, 2006
b. Zoning Board of Adjustment – October 17, 2006
c. Council – October 5 and 19, 2006.

Motion by Mooney, seconded by Krigbaum to approve the October 10, 2006 Planning and Zoning Commission meeting minutes as submitted.  All “ayes” motion carried.

4. ZONING -

a. Public hearing regarding Lance and Karen Dunn request to rezone property located north of Lance Drive between 48th Street and 50th Street from R-2, Medium Density, Single-Family Residential to R-3, Two-Family Residential.

Hockett presented the staff report regarding the proposed rezoning request.  Hockett stated that this is the same location of the previous request to rezone the property to R-4, Four Family Residential.  Hockett stated that the proposed density of the project is similar to the single family homes to the west and less than the property to the east. 

Hockett stated staff was supportive of the rezoning request as it was consistent with the Marion Future Land Use Map and the adjacent land uses.

Ghassan Hallush, of Alltrans Inc, stated that the R-3, Two Family Residential request was in response to the concerns expressed by the neighborhood at the previous meeting regarding the R-4, Four Family Residential zoning.  Mr. Hallusush stated that the footprints shown on the site plan are the maximum shown footprint of the building, but the typical unit will have a footprint of 1017 square feet and will be a ranch style home.

Rick Neimer, 1845 48th Street, stated that he purchased his home in 1999 and always anticipated single family homes to the east.  He submitted a petition against the rezoning and expressed concern what more condominiums will do to the neighborhood.

1720 49th Street, expressed concerns regarding traffic and the value of the condominiums and the effect they will have on their own property value.

Rick Neimer, 1845 48th Street, stated that he would not have purchased his home knowing that condominiums would be built adjacent.

Mooney, stated that the same number of homes are proposed on the piece with condominums as there would be if they were single family detached homes.  Mooney stated that he would like to see more trees planted along the west property line to help break up the styles even more.

Ghassan stated that they would not object to additional plantings along the west property line.

There was no additional comments for or against the proposed rezoning, the public hearing was closed

b. CPC Resolution No. 06-33 regarding Lance and Karen Dunn request to rezone property located north of Lance Drive between 48th Street and 50th Street from R-2, Medium Density, Single-Family Residential to R-3, Two-Family Residential.  (Case #06-08)

Motion by Siedl, seconded by Neighbor to recommend approval of CPC Resolution No. 06-33 regarding Lance and Karen Dunn request to rezone property located north of Lance Drive between 48th Street and 50th Street from R-2, Medium Density, Single-Family Residential to R-3, Two-Family Residential.  (Case #06-08) subject to the following:

1. Two rear yard trees per dwelling unit with a minimum 2” caliper.
2. Single family detached homes only south of Mission Avenue extended.
3. Ranch duplexes to be constructed only

All “ayes” motion carried (7-0)

c. Public hearing regarding Gary Holub request to amend Ordinance No. 99-32 regarding the amount of allowable commercial use at the southeast corner of 35th Street and Munier Road. 

Hockett presented the staff report regarding the proposed expansion of commercial use at the intersection.  Hockett stated that when 35th is extended to Highway 100 and the intersection is lowered the intersection has the potential to be a significant neighborhood commercial node.

Dan Schmidt, Brain Engineering stated his support for the project and restated the future commercial potential of the intersection.

There was no additional comments for or against the proposed request.  The Public Hearing was closed.

d. CPC Resolution No. 06-34 regarding Gary Holub request to amend Ordinance No. 99-32 regarding the amount of allowable commercial use at the southeast corner of 35th Street and Munier Road.

e. Motion by Mooney, seconded by Krigbaum to recommend approval of CPC Resolution No. 06-34 regarding Gary Holub request to amend Ordinance No. 99-32 regarding the amount of allowable commercial use at the southeast corner of 35th Street and Munier Road.

All “ayes” motion carried.

5. SITE DEVELOPMENT PLANS -

a. CPC Resolution No. 06-35 regarding Preliminary Development Plan -Lot 1, Feder’s Sixth Addition located at the northeast corner of 35th Street and Munier Road (Storage Garages).  (Case #06-78)

Hockett presented the staff report regarding the proposed preliminary and final site development plans.  Hockett indicated that the proposal is for 50 storage garages at the intersection.  Staff questioned the use of storage garages at the intersection as not being the highest and best use of the commercial node and indicated that while being zoned PD-C, no effort had been put forward by the applicant to design the garages in a manner that would be a benefit to the community.  Staff recommended denial of the proposed request.

Neighbor inquired to the concerns regarding site distance at the intersection.

Hockett stated that the proposed structures were located outside of the sight visibility triangle.

Mooney stated that he does not see the problem with the garages at this time as without 35th extending through the property has limited uses and when it does the garages will probably be removed.

Nesteby stated that he was tired of storage garages at all of Marion’s gateways and would be voting to deny the request.

Motion by Siedl, seconded by Mooney to recommend approval of CPC Resolution No. 06-35 regarding Preliminary Development Plan -Lot 1, Feder’s Sixth Addition located at the northeast corner of 35th Street and Munier Road (Storage Garages).  (Case #06-78)

The Motion was carried. (5-2 (Nesteby, Krigbaum)

b. CPC Resolution No. 06-36 regarding Final Development Plan - Lot 1, Feder’s Sixth Addition located at the northeast corner of 35th Street and Munier Road (Storage Garages).  (Case #06-82)

Motion by Mooney, seconded by Techau to recommend approval of CPC Resolution No. 06-36 regarding Final Development Plan - Lot 1, Feder’s Sixth Addition located at the northeast corner of 35th Street and Munier Road (Storage Garages).  (Case #06-82)

The motion carried (5-2 (Nesteby and Krigbaum)

6. PLATS -

a. CPC Resolution No. 06-37 regarding Prairie Hill Commercial Second Addition located east of 50th Street, north of Business Highway 151 (Aldi, Inc.).  (Case #06-59)

Hockett presented the staff report regarding the proposed final plat.  Hockett stated that the plat is considered a minor subdivision thus the required review of the final plat by the Planning Commission.  Staff recommend approval of the final plat as it is consistent with the approved preliminary plat.

Motion by Golden, seconded by Krigbaum to recommend approval of Hockett presented the staff report regarding the proposed final plat.  Hockett stated that the plat is considered a minor subdivision thus the required review of the final plat by the Planning Commission.  Staff recommend approval of the final plat as it is consistent with the approved preliminary plat.

All “ayes” motion carried.

b. CPC Resolution No. 06-38 regarding Old Settler’s First Addition located west of Alburnett Road, south of Boyson Road (Interstate Power and Light Co.).   (Case #06-83)

Motion by Mooney, seconded by Golden to recommend approval of CPC Resolution No. 06-38 regarding Old Settler’s First Addition located west of Alburnett Road, south of Boyson Road (Interstate Power and Light Co.).   (Case #06-83)

Ally ayes motion carried

7. OTHER BUSINESS.

No additional business.

8. ADJOURN.

Motion by Mooney, seconded by Techau to adjourn, all ayes the meeting was adjourned at 7:45PM

Respectfully Submitted,

Phil Siedl, Secretary