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:    Mooney, Adamson, Preussner, Neighbor, Seidl,
Golden
Members Absent:     Techau, Olson, Nesteby
Staff Present:             Treharne, Hockett, Steigerwaldt
 
3.                  MINUTES -

a.                  Planning and Zoning – September 14, 2004
b.                  Zoning Board of Adjustment – No Meeting
c.                  City Council – September 2 and 16, 2004

Motion by Mooney, Seconded by Golden, to approve the minutes as submitted.  All “ayes” motion carried.
 
4.                  PLAT -

a.                  CPC Resolution No. 04-38 regarding Regency Heights Addition in the City of Marion Preliminary Plat located south of Highway 100, east of Tama Street (Bjornsen Investment Corporation).  (Case #04-84)
 
Hockett presented the staff report regarding the proposed Preliminary Plat.
 
Greg Bjornsen, 1205 Tama Street, representing the applicant indicated that the current access onto Highway 100 from the property is currently limited for use by the home.  They are in discussions with the IDOT regarding improving this access to allow additional access for the rest of the property, but at this time that has not been agreed upon by IDOT.  Mr. Bjornsen indicated that they will continue to work to resolve this issue and until that time they will work to restrict access onto Highway 100 to the existing house only.
 
Seidl inquired if a trail connection was possible.
 
Bjornsen stated that they will not rule it out as part of the development, but at this time they have not planned for it.
 
Don Burns, 1470 Tama Street, inquired to improvements on Tama Street.
 
Treharne stated that agreements and timing regarding Tama Street improvements would have to be discussed with the City of Cedar Rapids, but the developer would be responsible for his portion of improvements along Tama Street.
 
Mooney expressed concern regarding the limited access to the property and whether should it be developed at this time with limited access.
 
Treharne stated that this is currently the only way to access this property and it would be difficult to tell a property owner that they cannot develop the property even though they meet all the subdivision requirements.
 
Motion by Mooney, seconded by Golden, to recommend approval of CPC Resolution No. 04-38 regarding Regency Heights Addition in the City of Marion Preliminary Plat located south of Highway 100, east of Tama Street (Bjornsen Investment Corporation), subject to staff comments.
 
Roll Call.
Ayes:  Mooney, Preussner, Neighbor, Seidl, Golden
Nays:  Adamson
 
Motion carried on a 5-1 vote.

5.                  SITE DEVELOPMENT PLAN -

a.                  Public Hearing regarding a Revised Site Development Plan for Lot 26, Eagle Ridge Third Addition; Lots 2 through 11,  Eagle Ridge Fourth Addition and Lots 1 through 20 Eagle Ridge Fifth Addition (Eagle Ridge, L.L.C.).  (Case #04-07)
 
Hockett presented the staff report and history regarding the proposed Revised Site Development Plan.  Hockett stated that staff was in favor of the type of development proposed as it does provide a buffer between the uses, but was concerned with the proposed density of the project.  Hockett stated typical density of developments with this type of unit have been between 6.5 and 7.4 units per acre.  He stated that this development was proposing approximately 10.58 units per acre, which is significantly higher than has currently been developed.

He stated that staff recommends denial of the request based on proposed density of the project not being compatible with existing and proposed surrounding land uses.
 
Dennis Keitel, Hall and Hall Engineers representing the applicant, stated that parking will not be a problem as all garages will be two stalled with parking on the driveway for two additional vehicles.
 
Jim Dyer, Eagle Ridge L.L.C., reviewed the history of the development and stated that previous zoning would have allowed this type of development, but when they revised it for a different product it brought the density down; however, that housing product market has not been successful and they would like to amend the plan to a product that is currently selling very well in a price range that many people can afford.
 
Dan Tegtmeier, 5440 Kacena Avenue, stated that homes on the north side of Kacena Avenue have been bought and sold with the understanding that it would be one unit per lot on the south side of Kacena Avenue and that this increase in density will almost double the amount of traffic, cars and driveways on Kacena Avenue which is already very busy.  Mr. Tegtmeier submitted a petition from approximately 25 property owners along Kacena Avenue.
 
Motion by Mooney, seconded by Adamson, to receive and file the petition.
 
All “ayes” motion carried.
 
Gordan Hagan, 5025 Kacena Avenue, stated that he is the only home on the south side of Kacena Avenue and bought his home with the understanding that there would be one unit per lot as his neighbor.  He is concerned what this type of product will do to his property value and he is against the proposed development.
 
Dan Tegtmeier, 5440 Kacena Avenue, expressed concern with regard to the density numbers stated by staff.
 
There were no other public comments, the public hearing was closed.
 
b.                  CPC Resolution No.  04-39 regarding a Revised Site Development Plan for Lot 26, Eagle Ridge Third Addition; Lots 2 through 11,  Eagle Ridge Fourth Addition and Lots 1 through 20 Eagle Ridge Fifth Addition (Eagle Ridge, L.L.C.).  (Case #04-07)

Seidl stated he was not supportive of the request because of the density concerns stated by staff.
 
Mooney stated he was not as concerned about the amount of density.
 
Golden expressed concern about the density of the development.
 
Motion by Seidl to table the proposed request until the December meeting to allow the developer and staff to review the proposed density issues, seconded by Golden.
 
Jim Dyer stated that they would prefer to have a yes or no decision tonight.

Roll Call
Ayes:  None.
Nays:  Mooney, Adamson, Preussner, Neighbor, Seidl, Golden
 
Motion failed on a 0-6 vote.
 
Motion by Mooney, seconded by Neighbor to approve CPC Resolution No. 04-39 regarding a Revised Site Development Plan for Lot 26, Eagle Ridge Third Addition; Lots 2 through 11,  Eagle Ridge Fourth Addition and Lots 1 through 20 Eagle Ridge Fifth Addition (Eagle Ridge, L.L.C.).
 
Roll Call.
Ayes:  Mooney, Adamson, Preussner, Neighbor, Golden
Nays:  Seidl
 
Motion carried on a 5-1 vote.
 
6.                  OTHER BUSINESS.

There was no additional business to come before the Marion Planning and Zoning Commission.

7.                  ADJOURN.
 
There being no additional business, the regular meeting of the Marion Planning and Zoning Commission was adjourned 7:48 p.m.
 
Respectfully submitted,
 
 
 
Amy Olson, Secretary.