Minutes
Planning and Zoning Commission
June 12, 2007

1. CALL TO ORDER.
Chairman Nestby called the regular monthly meeting of the Marion Planning and Zoning Commission to order at 6:00PM.

2. ROLL CALL.
Members Present:  Seidl, Mooney, Nesteby, Krigbaum, Neighbor,  Preussner, Sherman, Golden
Members Absent:  AbouAssaly
Staff Present: Hockett, Treharne, Steigerwaldt

3. MINUTES -

a. Planning and Zoning – May 8, 2007
b. Zoning Board of Adjustment – No Meeting
c. Council – May 3 and 17 2007

Motion by Mooney, seconded by Golden to approve the May 8, 2007 meeting minutes as submitted, all “ayes” motion carried.

4. ALLEY VACATION -

a. CPC Resolution No. 07-18 regarding Eldon McMillen request to vacate and sale a portion of the alley adjacent to 2300 7th Avenue in the block bounded by 7th and 8th Avenues and 22nd and 25th Streets.  (Case #07-02A)

Hockett stated that staff had determined that the alley had previously been vacated in 1958 with a resolution that vacated several alleys around town and was not discovered until after the agenda was published.  No action will be required.

5. COMPREHENSIVE PLAN AMENDMENT –

Seidl removed himself from the Commission as he is an adjacent property owner and has comments regarding this request.

a. Continuation of public hearing regarding request to amend the Future Land Use Map of the Marion Comprehensive to change the designation for property located south of Highway 100, west of East Post Road from Conservation Development to Commercial (Ralph Potter, Robert Potter, Denise Potter, Boyd Potter and Barbara Potter Request)

Hockett presented the staff report regarding the proposed land use amendment.  Staff stated that the Potter family had supported staff recommendation to amend from Conservation Development to Office / High Intensity Mixed Use.  Staff recommend approval of the request subject to no portion of the property with a slope in excess of 17% and no less than the setbacks proposed on Exhibit B.

Sherman inquired the designation of property located in the NE corner around the existing pond on the adjacent property.  Hockett stated that the land is designated as commercial and has been designated as such since the adoption of the plan in 1998

Boyd Potter, 1900 East Post Road, stated that the family was in favor of the Office / High Intensity Mixed Use designation and feels that the designation still meets what the family is trying to achieve.   The family is merely trying to plan to plan with the designation change, rezoning of the property will occur in the future by a developer most likely.

Bill Knepple, 2989 Diamond Lane submitted a letter requesting that the Planning and Zoning not act on the request until a specific project is brought before the commission to have more to respond to.  Mr. Knepple stated that he likes the native land and the wording high intensity makes him nervous for future use of the property.

Phil Seidl, 3011 Orian Drive SE wished to see the buffer between homes and the amendment greater than the proposed 150’ and no apartments be permitted within the area to be amended.

Pat Cosgrove, 3140 Diamond Drive, stated that they would like to see the request wait until such time as a development proposal is brought forward.

Les Marquart, 3130 30th Street, is concerned about the density of development that could occur and would like to see a greater buffer.

Bob Esker, 3805 Orrian Drive, knows the land well and would hate to see any development in the area as it is a great natural area, the buffer is important to maintain the trees.

CR White, 3002 31st Street, inquired if the buffer would preclude single family homes.

Hockett stated that single family homes could develop within the buffer with the existing zoning and land use classification subject to platting of the property.

Tammy Dougherty, 3004 Orrian Drive stated that they would hate to loose the woods that have made the area so nice to live in.

The public hearing was closed at 7:00PM

Treharne stated that the property would have to be rezoned prior to any development and would be rezoned as Planned Development and staff has concerns about apartments at a high density.  Treharne stated that in the next year staff will begin looking into updates to the Comprehensive Plan.

(1) CPC Resolution No. 07-15 regarding request to amend the Future Land Use Map of the Marion Comprehensive to change the designation for property located south of Highway 100, west of East Post Road from Conservation Development to Commercial (Ralph Potter, Robert Potter, Denise Potter, Boyd Potter and Barbara Potter Request)

Motion by Mooney, seconded by Golden to recommend approval of CPC Resolution No. 07-15 regarding request to amend the Future Land Use Map of the Marion Comprehensive to change the designation for property located south of Highway 100, west of East Post Road from Conservation Development to:

1. Office High Intensity Mixed Use.
2. No land with a slope greater than 17% remain unchanged from the Conservation Development Designation.
3. The proposed 150’ buffer extend 150’ passed the northeast corner of property located at  3100 30th Street Drive SE.

Roll Call:
Ayes: Mooney, Krgibaum, Golden, Preussner
Nays: Nesteby, Neighbor, Sherman

Motion carried (4-3)

6. OTHER –

Siedl rejoined the commission 7:22

a. Public hearing regarding an amendment to Section 176.31 of the Marion Code of Ordinances regarding real estate signs.  (Cedar Rapids Board of Realtors request)

Hockett presented the staff report regarding the proposed amendment.  Hockett stated that the request has come from discussions with the local realtor association which are in favor of the recommendation as presented.

Les Les Marquart , 3130 30th Street SE, feels that the amendment as proposed will allow realtors to continue to sign the properties as they always have and keep the legal and supports the request.

No other comments for or against the proposed amendment.

b. CPC Resolution No. 07-19 regarding an amendment to Section 176.31 of the Marion Code of Ordinances regarding real estate signs.  (Cedar Rapids Area Association of Realtors request)

Motion by Mooney, seconded by Sherman to recommend approval of CPC Resolution No. 07-19 regarding an amendment to Section 176.31 of the Marion Code of Ordinances regarding real estate signs.  (Cedar Rapids Area Association of Realtors request)

Motion carried (7-0-1) Nesteby Abstained.

7. ADJOURN.

There being no additional business before the Commission the meeting was adjourned at 7:50PM

Respectfully Submitted,