Minutes
Marion Planning and Zoning Commission
March 13, 2007

1. CALL TO ORDER.

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

2. ROLL CALL.

Members Present: Krigbaum, Mooney, Neighbor, Nesteby, Seidl, Golden,
                                   Sherman, AbouAssaly (6:11 p.m.)
Members Absent: Preussner
Staff Present:  Treharne, Hockett, Steigerwaldt.

3. MINUTES.

Motion by Mooney seconded by Golden to approve the February 16, 2007 minutes subject to the vote being changed on item 5a with Krigbaum voting nay and Preussner voting aye.

All "ayes" - Minutes were approved as amended.

4. REZONING.

a. Public Hearing regarding Robert Burger, Burger Homes and Development, Inc request to rezone property located south of Boyson Road, west of Geode Street in Marion, Iowa from A-1, Rural Restricted to R-2, Medium Density Single Family Residential.

Hockett presented the staff report regarding the proposed rezoning.  Hockett stated that the applicant has amended his previous request from R-3 to R-2 to address concerns that the City Council expressed when the request was denied last month.

Seidl inquired if staff has received any communication regarding the revised request.  Hockett stated that they had not.

Lori Opertman, inquired about stormwater and how it would be addressed with the development of the property.

Steigerwaldt indicated that when the developer submits a preliminary plat for the property the stormwater issues will be addressed and adjacent property owners would receive notice and could address their concerns then.

There were no additional comments for or against the proposed rezoning of property.

b. CPC Resolution No. 07-06 regarding Robert Burger, Burger Homes and Development, Inc. request to rezone property located south of Boyson Road, west of Geode Street in Marion from A-1, Rural Restricted to R-2, Medium Density, Single-Family Residential.  (Case #06-10)

Motion by Seidl, seconded by Krigbaum to recommend approval of CPC Resolution No. 07-06 regarding Robert Burger, Burger Homes and Development, Inc. request to rezone property located south of Boyson Road, west of Geode Street in Marion from A-1, Rural Restricted to R-2, Medium Density, Single-Family Residential. 

All “ayes” - Motion carried.

Mr. Burger thanked the Commission for their approval.

5. CONDITIONAL USE.

a. CPC Resolution No. 07-08 regarding R. J. Jordan, R. J. Construction, 637 16th Street, conditional use request to allow a 25 foot wind power generator tower in the I-1, Restricted Industrial zoning district. (Case# 07-01C)

Hockett presented the staff report regarding the proposed tower.  Hockett stated that the Ordinance did not specifically permit or deny the use of a tower to support a wind power generator tower; thus, the need for a conditional use.  Hockett stated that the applicant has sited the proposed tower on the site to meet all current regulations regarding tower placement. 

R. J. Jordan, 637 16th Street, indicated that he has done business in the City of Marion for over 18 years and feels that the use of alternative power is a growing market and he wishes to have a windmill on the property to help market a new division of his company that will be installing the windmills, in addition to solar power systems.  Mr. Jordan stated that the use of windmills is safe, quiet and does not cause interference with electrical devices.  He indicated that he will only have one unit on his site.

Sherman inquired as to the color of the pole.

Mr. Jordan responded that it would be silver with burgundy accent to mach his business colors.

Nesteby inquired about the size and span of the tower and blades.

Mr. Jordan stated that the tower would be 25 feet tall and the wing span of the blades would be a total of 4 feet.  In addition, he stated the system would be located on his fenced lot and the tower could not be climbed as it is a hinged system at the base that allows the user to maintain the unit.

Seidl stated that he felt a tower would not be the best marketing tool for this type of business and that the unit should be lower to the ground so that people can see it and understand the workings of it.

Mr. Jordan inquired if the Commission would be willing to consider a smaller pole in the range of 15 feet to 20 feet instead of the requested 25 feet. 

Seidl stated he liked and was very supportive of alternative energy systems, but doesn’t feel that the tower is the best way to advertise this use, especially in the Central Corridor.

Krigbaum inquired about pole separation in the C-3, General Commercial Zoning District.

Hockett stated that the closest any pole can get to the proposed tower would be 750 feet, or a little under two blocks.

Krigbaum stated that he would not want to see a tower like this go up every 2 blocks along the corridor either and felt that a unit on the ground would be a better way to market the product.

Gary Bolden, Marion Brush Company, 1675 7th Avenue, stated he wanted assurance that there would be no interference of phone of computers.

Krigbaum, indicated he would like to see an ordinance specifically addressing the towers and windmills prior to approving any conditional use for this type of request.

Motion by Seidl, seconded by Krigbaum to recommend that CPC Resolution No. 07-08 regarding R. J. Jordan, R. J. Construction, 637 16th Street, conditional use request to allow a 25 foot wind power generator tower in the I-1, Restricted Industrial zoning district be DENIED.

All “Ayes”  - Request was denied.

Motion by Seidl, seconded by Krigbaum to request that the City Council issue a moratorium regarding the construction of towers for the use of wind power generation within the City limits and requesting that the City Council direct staff to draft an ordinances regulating the use of such structures.

All “ayes” - Motion carried.

6. OTHER BUSINESS

Treharne informed the Commission and those present in the audience that a meeting regarding the Central Corridor would immediately following tonight’s Planning and Zoning meeting and everyone is welcome to attend.

7. ADJOURN.

There was no additional business and the regular meeting of the Marion Planning and Zoning Commission was adjourned at 7:15 p.m.

Respectfully submitted,

Cindy Preussner