MINUTES
Planning and Zoning Commission
April 8, 2008

1. CALL TO ORDER.

The regular monthly meeting of the Marion Planning and Zoning Commission was called to order at 6:00 PM by Chair Nesteby.

2. ROLL CALL.

Members Present: AbouAssaly, Golden, Seidl, Mooney, Nesteby,
            Krigbaum, Neighbor, Moomey, Preussner
Staff Present: Steigerwaldt, Treharne, Hockett, Kaiser

3. MINUTES -

a. Planning and Zoning – March 11, 2008
b. Zoning Board of Adjustment – March 18, 2008
c. Council – March 6 and 20, 2008

Motion by Seidl, seconded by Nesteby to approve the minutes of the March 11, 2008 Planning and Zoning Commission meeting as submitted.

All “ayes” motion carried.

4. PLATS-

a. CPC Resolution No. 08-05 regarding Boyson Place Addition Preliminary Plat located south of Boyson Road, west of Geode Street (J. Murphy Homes, L.L.C.). (Case No. 08-53)

Hockett presented the staff report and familiarized the Commission with the location of this request.  He also gave a brief history of the property indicating that it had previously been owned by Bob Burger and was rezoned from A-1 to R-2 (Medium Density, Single-Family Residential) in 2007.  Hockett stated the current zoning is compatible with the surrounding uses.  He confirmed that this property will be adequately served by City water/sewer services and that any storm water management issues would be discussed by Todd Steigerwaldt.

Hockett commented on his concerns for the placement of the proposed sidewalks on the plat. He noted that sidewalks abutting curbs can lead to safety issues for small children and may become a nuisance if snow is plowed off the streets and onto the adjacent sidewalk.  He noted sidewalks will not be required along the perimeter of Outlot B because this area will be used to collect stormwater runoff from Boyson Circle.  He stated that although sidewalks have been allowed to be deferred in other private developments, staff feels that it is to the benefit of the future homeowners that sidewalks be constructed around Boyson Circle.

Hockett informed the Commission that the developer is proposing to plat the lots to the center of the street and that the street will remain in private ownership.  He referenced other developments that have been constructed with the same concept (ie. Cakebread Court).  He indicated that moving the front property line to the center of the street also allows the front yard setback to be shrunk to 24-feet from the back of the street curb. Traditional developments have houses set back at least 37-feet from the back of curb. Hockett raised the issue of garages potentially being too close to the street and not allowing the appropriate stacking that typically occurs in a driveway and that shortened driveways may lead to cars and trucks sticking out into the street or sidewalk area. He displayed a picture from Principles of Smart Development that displays a development that looks similar to what the proposed development will look like with smaller setbacks and sidewalks at the curb.

Hockett then compared the density of the proposed subdivision with the densities of the developments to the north and east. He stated that the densities are very similar, even without the inclusion of Outlot A.  He stated Outlot A is being proposed to be dedicated to the City because of its flood potential as part of Larick Ditch.  He noted that Outlot B will be designated as a dry detention area in the middle of the subdivision, and will be privately maintained.

Mooney asked if Cakebread Court has sidewalks included in the subdivision. Hockett replied that it does not have sidewalks, but after further review of the City Ordinance, staff feels that since private streets are required to be built to City standards, sidewalks should be included in that interpretation as well.  Treharne mentioned the trend towards walkable developments, and developments that don’t include sidewalks are scrutinized by the Council more often.

Golden asked if the street would be wide enough to accommodate emergency vehicles.  Hockett reassured her that the street will be built to City standards and will be adequate for all types of traffic.

Steigerwaldt presented the stormwater calculations to the Commission and explained the rationale for the two detention ponds in the middle of the development. He also spoke about where any other runoff will end up.  Nesteby asked if the slope of the proposed streets will create any traffic problems. Steigerwaldt commented that the streets are banked slightly to allow for water drainage into the detention ponds and that the street loop is not large enough to create a traffic speed problem.  He stated that after the subdivision is developed, the homeowners association could designate a speed limit within the subdivision to calm any traffic issues that may arise.

Neighbor asked what a “low opening elevation certificate” is on the properties adjacent to Outlot A.  Steigerwaldt replied that this certification will be provided by the developer/engineer that will guarantee the lowest opening on those houses (typically a basement window well) will be no lower than one foot above the 100-year flood event. This requirement is set in place to protect the homeowners from large floods.  He stated even though Larick Ditch is not on the FEMA Floodplain map, the engineers will be responsible for determining the flood elevation and the developer will be responsible for building the houses to meet the minimum requirements.

Golden asked if there would be adequate fencing around the detention ponds in the middle. Steigerwaldt noted that is a requirement that the homeowners association would put in place. Hockett added that the detention ponds will be dry other than a 24-hour period after a heavy rain. Dan Schmidt with Brain Engineering clarified that the ponds may still be planned to hold water as a natural amenity for the development. Golden noted her concern of having a pond next to an open space where small children may be playing.

Schmidt spoke to the Commission and made them aware that the developer is not in favor of putting sidewalks in the development. The small area of this subdivision creates a unique dilemma for any development.  He indicated that per City staffs’ request, the developer has included sidewalks in the preliminary plat drawings. Mooney asked if the proposed houses could be moved further back to allow more room between the houses and the sidewalks. Schmidt replied that there is not enough room to make that work. Schmidt stated that if the sidewalks are required to be set back from the curb, the developer may look into the possibilities of making the private street narrower. Mooney questioned why a cul-de-sac design was not proposed for this development. Schmidt replied that because of the size of this parcel, it is difficult to fit the same number of lots in the subdivision and still adequately address the stormwater issues.  Mooney asked if it was cost productive to go from a cul-de-sac design to the proposed loop design. Schmidt replied that the loop design will be cheaper to develop because of the additional lots that will be placed on the property, and the exclusion of any stormwater drainage other than small outlet pipes.

Moomey asked about the possibility of placing the sidewalks behind the houses. Schmidt replied that it will be more cost productive to place the sidewalks adjacent to the street. Treharne included that by putting the sidewalks on the outside of the subdivision the rear and front yards are switched around and you essentially have an alley that connects to the garages and people are more likely to walk on the streets.

Nesteby asked if there would be a walking path in the middle. Schmidt replied that there will be no sidewalks in the middle because this area will be for stormwater runoff. Treharne noted the real difficulty of fitting the sidewalk in between the street and the garage. If the design of the house were changed so the garages were not the front of the house, there would be more room for stacking of vehicles. He also recognized that redesigning the houses would come at a significant cost for the developer.

Don and Verna Klostermann of 120 Alburnett Road addressed the Commission with their concerns regarding stormwater issues. Mr. Klostermann suggested that the developer provide a topographical drawing of how the land currently lays and the proposed elevation and how the change will affect the stormwater in this area. He felt that the developer needed to address the water issues in more detail.  Mrs. Klostermann questioned how City staff would gain access to Larick Ditch for maintenance purposes.  She noted that the City currently maintains the east side of the ditch by going through the property, and the west side of the ditch is maintained by the adjacent property owners. Steigerwaldt commented that the City has access via the trail along Boyson Road. Mr. Klostermann noted that the access area closest to the trail is currently covered with rock to keep it from washing out. Steigerwaldt noted that the City may have to acquire access easements from the adjacent property owners for maintenance purposes. Schmidt noted that he would be willing to sit down with the adjacent property owners to explain to them what measures are being taken to ensure their safety from future floods.

Carl and Sondra Knapp,100 Alburnett Road, addressed the Commission regarding the water issues on their property.  Mr. Knapp said that he had spoken about these problems when Mr. Burger was rezoning the property and nothing has been done about it.  Steigerwaldt reassured the Knapps that because of the proposed trail improvements this summer, the City will determine how to solve the current water issues in Lininger Park.  Steigerwaldt commented that concerned parents have also made calls about the muddy conditions in that part of the park.

Neighbor noted his concerns for the wet seasons when water will be a substantial problem. Steigerwaldt confirmed that this problem will be taken care of to help the park situation.

Mooney asked about the possibility of shrinking the proposed street to 24-feet wide. Steigerwaldt pointed out that if the street were made too narrow, there could be radius problems with the loop design and larger vehicles need a certain radius for turning purposes.  He stated staff would also need to check with the Fire Department for safety reasons.  Treharne stated that private streets are required to be built to City standards because typically as time passes, the road deteriorates, and homeowners request to dedicate the street to the City for maintenance purposes.

Preussner asked about the possibility of having a one way street through the development. Steigerwaldt informed the Commission that is an issue that could be decided by the homeowners association.

There were no additional comments for or against the proposed preliminary plat.

Motion by Krigbaum, seconded by Golden to recommend approval of CPC Resolution No. 08-05 regarding Boyson Place Addition Preliminary Plat located south of Boyson Road, west of Geode Street in Marion with the condition that the development include sidewalks and that all stormwater concerns be satisfied by the Marion Engineering Department.

Roll Call Vote requested:

“Ayes” (Approving): Mooney, Nesteby, Krigbaum, Preussner,
AbouAssaly, Golden 
“Nays” (Denying):    Seidl, Neighbor, Moomey

Motion approved (6-3).

5. OTHER BUSINESS

a. Treharne referenced the attorney’s opinion on parkland dedication that was sent out with the Commission’s packet. The opinion referenced several court cases that have recently dealt with this issue.  He asked if the Commission had any questions.  He stated that Robins currently has a parkland dedication ordinance. Krigbaum asked if Hiawatha has a parkland dedication ordinance in place. Treharne indicated that he had no knowledge of such ordinance.

Treharne stressed the importance of creating parkland districts so that park areas are designated and developers know what to expect.  He also stressed the importance of designating a parkland fund instead of parkland fees which are incorporated into the City’s general fund.

Seidl questioned whether the City had any options other than adopting an ordinance to enforce parkland dedication.  He suggested also looking into taking this issue up with the legislature to give local governments more control on the dedication of public parks/areas.

Treharne noted that the Iowa State Chapter of the American Planning Association has recognized this issue as one that needs to be addressed.  He assured the Commission that before the next meeting, he would try to get a count on how many communities in the area have parkland dedication requirements. Treharne also noted that trails should be included in the dedication requirements.

Treharne informed the Commission that staff is working with CMPO to develop a sub-area plan for the land north of East Robins and west of 10th Street.  He stated invitation postcards were sent out to over 400 property owners for a public meeting that will be held April 22, 2008 at 6:30 pm at St. Mark’s Lutheran Church. This meeting is supposed to help guide staff in land use planning, transportation planning, housing development design, environmental management, and school development.

Treharne noted other long range planning efforts that are currently in effect will also help to bolster the parkland dedication requirements.

b. Hockett discussed staff’s research into schools as conditional uses or being allowed in specific districts within other communities.  He stated that to date, staff has received feedback from four communities that do place regulations on the development of schools.  He noted that the City Council has shown overwhelming support for regulations on schools within Marion.

c. Hockett distributed maps to the Commission that showed his proposed changes to the upcoming zoning ordinance.  On the map, he displayed only the areas that are proposed to change under the new ordinance.  He assured the Commission that he would have all of the affected areas re-designated by next month’s meeting.

6. ADJOURN.

There being no additional business to come before the Commission, the meeting was adjourned at 7:30 PM.

Respectfully submitted,

Cindy Preussner, Secretary