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, Seidl, Techau, Neighbor, Olson (arrived at
6:06), Golden, Adamson, and Nesteby.
Members Absent:     Preussner.
Staff Present: Hockett, Treharne, Steigerwaldt.
 
3.                  MINUTES -

a.                  Planning and Zoning – August 10, 2004
b.                  Zoning Board of Adjustment – August 17, 2004
c.                  City Council – August 5 and 19, 2004
 
Motion by Mooney, seconded by Techau to approve the August 10, 2004 Planning and Zoning minutes as submitted.
 
All “ayes” motion carried.

4.                  REZONING -

a.                  Public Hearing regarding Hunters Ridge Development Co., L.C. / JPM Enterprises, Inc. request to rezone property located east of Winslow Road, south of Winslow Court, from Linn County “A” to R-2, Medium Density, Single-Family Residential.
 
Chairman Seidl declared the public hearing regarding the proposed rezoning open.
 
Hockett presented the staff report regarding the proposed rezoning request.  Hockett stated that the rezoning request is proposed to accommodate future residential development.
 
There were no additional questions or comments for or against the proposed rezoning request.
 
There were no comments for or against the proposed rezoning request. The public hearing was closed at 6:05 P.M

b.                  CPC Resolution No. 04-32 regarding Hunters Ridge Development Co., L.C. / JPM Enterprises, Inc. request to rezone property located east of Winslow Road, south of Winslow Court, from Linn County “A” to R-2, Medium Density, Single-Family Residential. (Case #04-05).
 
Motion by Mooney, seconded by Adamson to approve CPC Resolution No. 04-32 regarding Hunters Ridge Development Co., L.C. / JPM Enterprises, Inc. request to rezone property located east of Winslow Road, south of Winslow Court, from Linn County “A” to R-2, Medium Density, Single-Family Residential.
 
All “ayes” motion carried.

c.                  Public Hearing regarding Kenneth and Wilma Conley / Interstate Power and Light Company request to rezone property located north of Indian creek Way, west of Highway from Linn County “A” to A-1, Rural Restricted. 

Chairman Seidl declared the public hearing regarding the proposed rezoning open.
 
Hockett presented the staff report regarding the proposed rezoning request.  Hockett stated that the rezoning is proposed to permit Alliant Energy to proceed with a conditional use request to permit the operation of a utility substation on the property.
 
Denise Wheatley, representing Alliant Energy, stated that she was available for any comments regarding the proposed rezoning request.
 
There were no additional comments for or against the proposed rezoning request.  The public hearing was closed at 6:10 P.M.
 
d.                  CPC Resolution No. 04-33 regarding Kenneth and Wilma Conley / Interstate Power and Light Company request to rezone property located north of Indian Creek Way, west of Highway 13 from Linn County “A” to A-1, Rural Restricted.  (Case #04-07).
 
Motion by Techau, seconded by Golden to recommend approval of CPC Resolution No. 04-33 regarding Kenneth and Wilma Conley / Interstate Power and Light Company request to rezone property located north of Indian Creek Way, west of Highway 13 from Linn County “A” to A-1, Rural Restricted. 
 
All “ayes” motion carried.

5.                  PLATS -

a.                  CPC Resolution No. 04-34 regarding Lewis Fields Linn First Addition to Marion, Iowa Final Plat located north of Indian Creek Way, west of Highway 13 (Kenneth and Wilma Conley/Interstate Power and Light Company).  (Case #04-83)

Hockett presented the staff report regarding the proposed Final Plat.
 
There were no comments for or against the proposed plat.
 
Motion by Golden, seconded by Nesteby to recommend approval of CPC Resolution No. 04-34 regarding Lewis Fields Linn First Addition to Marion, Iowa Final Plat located north of Indian Creek Way, west of Highway 13 (Kenneth and Wilma Conley/Interstate Power and Light Company). 
 
All “ayes” motion carried.
 
b.                  CPC Resolution No. 04-35 regarding Wal-Mart First Addition, Marion Iowa – (Revised) Preliminary Plat located south of Business Highway 151, west of Highway 13 (Wal-Mart Stores, Inc.).
 
Treharne presented the staff report regarding the proposed final plat for Wal-Mart First Addition.  Treharne stated that a traffic study was being conducted regarding lights at Linn-Aire Avenue and Highway 13 to determine if lights will be required because of the Department of Transportation’s reluctance to permit an access as was initially proposed by Wal-Mart Stores.
 
There was discussion regarding the number of accesses between Commission members.

Jason Fembrite, representing Wal-Mart Stores Inc. stated that the number of entrances proposed is typical.  He stated that the number of entrances proposed will permit access to the property from all directions alleviating congestion at just one entrance.  He further stated that the secondary entrances will also be used as truck routes to avoid having delivery trucks in the parking lots trying to negotiate around customer traffic.

Terry Emanuel, 301 Larick Drive, stated that he owns Lot 9 on 51^st Street and was concerned about the amount of water that this development will create and what is being done about it.
 
Steigerwaldt explained the location and size of the proposed detention ponds and stated that when developed the neighbors will be experiencing less water than they are receiving at this time.
 
Mooney inquired about the City’s lighting project at 50^th Street.
 
Steigerwaldt stated the 50^th Street lighting project would begin sometime next year.
 
There were no additional questions or comments regarding the proposed preliminary plat.
 
Motion by Adamson, seconded by Techau to recommend approval of  CPC Resolution No. 04-35 regarding Wal-Mart First Addition, Marion Iowa – (Revised) 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.  04-36 regarding Schlotterback & Co. and Kevin and Sheri Weber request for the vacation and sale of a portion of the north/south alley bounded by 19^th and 21^st Streets and 1^st and 3^rd Avenues.  (Case #04-03A)
 
Hockett presented the staff report regarding the proposed alley vacation.  Hockett stated that the original request was to vacate the ally immediately behind the applicants properties, however upon reviewing the condition of the alley propose to vacate the entire alley as it is no longer required for transportation purposes.
 
Randy Winberg, 215 19^th Street, submitted a petition from property owners north of the initial request for the city not to vacate the alley behind their properties.
 
Mike Gott, 185 19^th Street, stated that he felt there was no reason to vacate the alley at this time.
 
Mooney inquired why staff expanded the request. 
 
Hockett stated that the alley cannot be used for transportation uses anymore because of topography and because a portion of the alley to the south had previously been vacated and sold making the alley essentially inaccessible to any vehicles and serves no use to public transportation.
 
There were no additional comments for or against the proposed alley vacation.
 
Motion by Techau, seconded by Adamson to recommend approval o f CPC Resolution No.  04-36 regarding Schlotterback & Co. and Kevin and Sheri Weber request for the vacation and sale of the north/south alley adjacent to Lots 6 and 7 in the block bounded by 19^th and 21^st Streets and 1^st and 3^rd Avenues.  (Case #04-03A)
 
Techau stated that the City should review alleys throughout the community and determine what is excess property that the City can dispose of and get back on the tax rolls.
 
All “ayes” motion carried.

7.                  ZONING CODE AMENDMENT –
 
a.                  Public hearing regarding amending Chapter 176.38 of the Marion Code of Ordinances regarding Major Streets.
 
Chairman Seidl opened the public hearing regarding the amendment to the Marion Code of Ordinances.
 
Treharne presented the staff report regarding the proposed amendment and stated that many of these are corrections and match the Linn County Regional Planning Commission’s street classifications.
 
There were no comments for or against the proposed amendment.

b.                  CPC Resolution No. 04-37 regarding amending Chapter 176.38 of the Marion Code of Ordinances regarding Major Streets.
 
Mooney inquired about the right-of-way width of 35^th Avenue through Marion and why Cedar Rapids is requiring less at this time.
 
Steigerwaldt stated that Cedar Rapids has changed their right-of-way requirements for 35^th Avenue and that it is something Marion could consider in the future, but that this amendment is to match them all with Regional Planning Commission’s recommendations.
 
Motion by Adamson seconded by Techau to recommend approval of CPC Resolution No. 04-37 regarding amending Chapter 176.38 of the Marion Code of Ordinances regarding Major Streets.

Ayes:  Seidl, Techau, Neighbor, Olson, Golden, Adamson, Nesteby.

8.                  OTHER BUSINESS.

a.                  Discussion regarding Zoning Action Plan.
 
Treharne updated the Commission regarding the Zoning Action Plan.