MINUTES
MARION PLANNING AND ZONING COMMISSION
MAY 8, 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: AbouAssaly, Golden, Mooney, Nesteby, Krigbaum,
Preussner, Sherman, Seidl
Members Absent:  Neighbor
Staff Present:  Hockett, Treharne, Steigerwaldt

3. MINUTES -

a. Planning and Zoning – April 10, 2007
b. Zoning Board of Adjustment – April 17, 2007
c. Council – April 5 and 19, 2007

Motion by Mooney, seconded by Krigbaum to approve the April 10, 2007 meeting minutes as submitted,

All “ayes” motion carried.

Chairman Nesteby inquired if the Commission would have any objection to moving the Comprehensive Plan amendment request by the Potter family to the first item as it appears there are a large number of people in attendance regarding this issue.  There was no objection.

Seidl indicated that he would have to remove himself from discussion on the request as he is an adjacent property owner and has questions regarding the request as a property owner in the area.  Seidl sat in the audience.

4. COMPREHENSIVE PLAN AMENDMENT –

a. 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 indicated that he had a meeting with Boyd Potter who represents the family and had discussed staff recommendation regarding the request.  Mr. Potter indicated he would like some time to discuss it with his family prior to proceeding with the request and requested that the public hearing be continued to the June 12, 2007 Planning and Zoning Commission meeting.

The Commission requested that staff present the report so that the audience could be familiar with what is being requested and staff’s review of the request thus far.

Hockett presented the staff report.  He indicated that even though the applicant is requesting a Commercial land use designation, staff is recommending denial of the request and recommending only a portion be amended to Office High Intensity Mixed Use, which would leave much of the property adjacent to the single family homes to the south unchanged from it’s current Conservation Development land use designation.

Hockett indicated that the buffer is based on topography and the difficulty of developing property beyond single family homes in areas with a slope of 17% or greater.  The City has no standards regarding development in areas with slope.

Bill Neppl, 2989 Diamond Lane, submitted a letter stating concerns with the type of development that could be allowed adjacent to homes and stated that he looked forward to the next meeting to further discuss his concerns with the Commission and the Potter family.

Phil Seidl, 3011 Orrian Drive, seconded Mr. Neppl’s comments and stated that he would be talking with neighbors between this meeting and next and looked forward to the next meeting.

C. Robert White, 3008 30th Street Drive S.E. stated concerns with any lighting that may happen as a result of future development.

Bob Easton, 3005 Orrian Drive, stated that he loves the area and the neighborhood and has lived there for 25 years and would hate to see commercial development on the property.

There were no additional comments for or against the proposed request.

Motion by Mooney, seconded by Krigbaum to continue the public hearing to the June 12, 2007 meeting.  Motion passed (7-0)

b. 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)

CPC Resolution No. 07-15 was tabled pending the continuance of the public hearing regarding the 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

Seidl rejoined the Commission.

5. REZONING –

a. Public hearing regarding City-initiated request request to rezone Mary E. Stark property located east of Alburnett Road north of Randolph Road from Linn County A to A-1, Rural Restricted.

Hockett presented the staff report regarding the proposed rezoning.  He stated that staff recommended approval of the request as it is consistent with the Future Land Use Plan.

There were no public comments for or against the rezoning request.

b. CPC Resolution No. 07-11 regarding request to rezone property located east of Alburnett Road north of Randolph Road from Linn County A to A-1, Rural Restricted (Case #07-05)

Motion by Mooney, seconded by Preussner to recommend approval of CPC Resolution No. 07-11 regarding request to rezone property located east of Alburnett Road north of Randolph Road from Linn County A to A-1, Rural Restricted

All “ayes” motion carried (7-0) Seidl abstained.

6. Public hearing regarding Robin Holub request to rezone property located at the northeast corner of 31st Street and Munier Road from A-1, Rural Restricted to C-3, General Commercial and C-4, Warehouse / Commercial.

Hockett presented the staff report regarding the proposed rezoning requests.  Hockett stated that the request is to permit the applicant commercial use of garages that were constructed originally for personal use that are no longer needed.

Hockett stated that staff was supportive of the request to rezone the portion of property from A-1 to R-2 as the property is designated as Urban Residential and the Future Land Use Map and meets the current land use of the property.

Hockett further stated that staff was also supportive of the C-4, Warehouse / Commercial rezoning request as it is only a 10 foot section of land that is being rezoned to match the proposed final plat boundary line that is the next item on the evening’s agenda.

He indicated staff is concerned with the C-3, General Commercial rezoning request as the garages in this location were built by the applicant for personal use and storage knowing full well that they could not be used for commercial purposes.  Hockett stated, however that staff acknowledges that the continued use of these large structures for personal use will be difficult by the current owner and most future owners.  He stated staff presented three options to the Commission:

1. Approve the request to rezone to C-3, General Commercial with no conditions which would permit the applicant to use or redevelop the property in a manner consistent with the C-3 land use regulations

2. Approve the request to rezone to C-3, with conditions regarding land use and redevelopment of the property to ensure that the property develops in a manner that has the least impact with the residential development to the west.

3. Deny the request, based on incompatibility with the existing land uses and the fact that when the garages were originally constructed the applicant knew use was limited to personal use.

Mooney inquired if Planned Development was an option for the property, Hockett indicated that it would be and may make sense for redevelopment of the property or approval of the C-3 with conditions also might address the same concerns that the Planned Development would also address.

Hockett presented a single letter of objection from Tom Lammers, 2820 2nd Avenue.

Dan Schmidt, Brain Engineering, 1540 Midland Court, representing the applicant stated that the applicant is agreeable to a conditional rezoning on the C-3, General Commercial portion of the property as she plans to remain living in the home to the west and would not want to allow the property to be used for other uses as she would have to look at it every day out her back windows.

Tom Lammers, 2820 2nd Avenue, stated his support of the R-2, request as it is a good buffer between the existing homes and the commercial / industrial to the east.  He stated, however, the proposed C-3, General Commercial zoning is just a further encroachment into the neighborhood and that precedent would be set and how would the other corners of the intersection want to redevelop with 31st Street is extended to Highway 100.

There were no additional comments for or against the proposed requests.

(1) CPC Resolution No. 07-12 regarding Robin Holub request to rezone property located at the northeast corner of 31st Street and Munier Road from A-1, Rural Restricted to R-2, Medium Density, Single-Family Residential (Case #07-04)

Motion by Seidl, seconded by Golden to approve CPC Resolution No. 07-12 regarding Robin Holub request to rezone property located at the northeast corner of 31st Street and Munier Road from A-1, Rural Restricted to R-2, Medium Density, Single-Family Residential.

All “ayes” motion carried (8-0)

(2) CPC Resolution No. 07-13 regarding Robin Holub request to rezone property located at the northeast corner of 31st Street and Munier Road from A-1, Rural Restricted to C-3, General Commercial (Case #07-04)

Motion by Seidl, seconded by Golden to recommend denial of CPC Resolution No. 07-13 regarding Robin Holub request to rezone property located at the northeast corner of 31st Street and Munier Road from A-1, Rural Restricted to C-3, General Commercial.

All “ayes” motion carried (8-0).

(3) CPC Resolution No. 07-14 regarding Robin Holub request to rezone property located at the northeast corner of 31st Street and Munier Road from A-1 to C-4, Warehouse / Commercial (Case #07-04)

Motion by Krigbaum, seconded by Preussner to recommend approval of CPC Resolution No. 07-14 regarding Robin Holub request to rezone property located at the northeast corner of 31st Street and Munier Road from A-1 to C-4, Warehouse / Commercial

All “ayes” motion carried (8-0).

7. PLATS -

a. CPC Resolution No. 07-16 regarding Holub’s Second Addition Final Plat located at the northeast corner of 31st Street and Munier Road (Robin J. Holub)  (Case #07-56)

Motion by Mooney, seconded by Krigbaum to table CPC Resolution No. 07-16 regarding Holub’s Second Addition Final Plat located at the northeast corner of 31st Street and Munier Road pending City Council review of the rezoning request.

All “ayes” motion carried (8-0).

(Siedl left the meeting at 7:20 P.M.)

b. CPC Resolution No. 07-17 regarding Bowman Woods Unit 33 Preliminary Plat located south of East Robins Road, west of Newcastle Road (Midwest Development Co.)  (Case #07-54)

Hockett presented the staff report regarding the proposed preliminary plat.  Staff presented the changes from the previously approved plat for the same development and explained that regardless of the changes presented, the plat was brought back to the Commission as the previous plat had expired two years from approval.

Kyle Skogman, Midwest Development stated his support for the project and the quality of homes that will be located within the development.  He stated that the detention is being sized larger than required to handle stormwater from other residential areas and they have worked closely with the City regarding future trail connections.

Sherman thanked the developer for the size and configuration of the development and use of open space along the floodplain.

Donna Walmutt, 1054 Cambridge Drive stated concern regarding the stormwater.

Bill Hinshaw, 2692 East Robbins Road, restated concerns regarding the stormwater created by this development and other development in the area as the creek sees much water during the larger storm events.

Sherri Evans, 2980 New Castle Road was concerned about all the traffic onto Robbins road until this development connects into the Cedar Rapids streets to help move people south.

Pear Maki, 7620 Normandy Drive, stated that she liked the buffer of trees and hope what is left can be retained on site as they add value to the entire development.

Mary Maerschalk, 2740 Newcastle Road, restated concerns regarding flooding history in the area.

Lance Olson, 3000 Newcastle Road, presented photographs showing the flooding from 2002 and how it covered much of the area to be developed.

There were no additional questions or concerns for or against the proposed development.

Motion by Mooney, seconded by AbouAssaly to recommend approval of CPC Resolution No. 07-17 regarding Bowman Woods Unit 33 Preliminary Plat located south of East Robins Road, west of Newcastle Road (Midwest Development Co.) 

All “ayes” motion carried (8-0).

8. OTHER BUSINESS

9. ADJOURN.

There being no further business to come before the Planning and Zoning Commission, the meeting was adjourned at 8:20 P.M.

Respectfully submitted,

Cindy Preussner, Secretary