Minutes
Marion Planning and Zoning Commission
September 11, 2007

1. CALL TO ORDER.

The regular monthly meeting of the Marion Planning and Zoning Commission was called to order by Chairman Nesteby at 6:00 P.M.
 
2. ROLL CALL.

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

3. MINUTES -

a. Planning and Zoning – August 14, 2007
b. Zoning Board of Adjustment – August 21, 2007
c. Council – August 2 and 16, 2007

Motion by Mooney seconded by: Krigbaum to approve the minutes as submitted from the August 14, 2007 Planning and Zoning Commission. 

All “ayes” motion carried.

4. PLATS -

a. CPC Resolution No. 07-28 regarding Highview Addition - Revised Preliminary Plat located east of Mulberry Drive, north of East Robins Road (Arcon Development, Inc.).  (Case # 07-64)

Kaiser presented the staff report regarding the proposed preliminary plat.  Kaiser stated this was a revised preliminary plat that was previously approved in December 2005.  Kaiser highlighted changes to the subdivision, specifically the street configuration changes and the reduction of total lots by one (1).  She stated the previously approved bridge will be eliminated with right-of-way reserved until such time as lots 37 or 68are developed

Seidl inquired if the bridge that is being eliminated was to be a permanent or temporary structure.

Kaiser explained that if they do construct the bridge it will be a permanent structure built to City code and dedicated to the City.

Neighbor inquired when the bridge is no longer an option to be built.

Kaiser explained that when the lots 37 or 68are built upon then the option to construct a bridge will be lost and the connection will have to be made solely utilizing Tower Terrace Road.

Nesteby inquired who is responsible for the construction of Tower Terrace Road and the timing.

Treharne explained that Tower Terrace Road is proposed to be constructed at the time of development by the developer with the City paying over-sizing and over-depth costs.

Mooney inquired if the site distance of Newcastle Road at Tower Terrace Road is adequate at the proposed location.

Steigerwaldt indicated that the location has been reviewed and that the location meets the City requirements with additional information being submitted at the time of final plat.

Jed Schnoor, Engineer for the developer, stated that site visibility is adequate at this location.

Dustin Kern, Arcon Development, stated they do not control the property to the north and understand they cannot do Phase 3 (Burnsley Pass) until Tower Terrace Road is installed. He further stated the bridge would be an expensive cost with Tower Terrace so close to provide access. 

There were no additional comments from the public

Motion by Mooney, seconded by Krigbaum to recommend approval of CPC Resolution No. 07-28 regarding Highview Addition - Revised Preliminary Plat located east of Mulberry Drive, north of East Robins Road.

All “ayes” motion carried.

b. CPC Resolution No. 07-29a regarding Lot 1, R.E.C. Second Addition – Preliminary Site Development Plan located west of Highway 13, north of 29th Avenue (Linn County Rural Electric Cooperative Association).

Hockett presented the staff report regarding both the preliminary and final site development plans.

Brad Lang, Solumn Lang Architects addressed additional concerns stated by the Commission specifically regarding building materials.

Harriet Morris, 5616 Winslow Road, stated her concerns regarding stormwater runoff.

Steigerwaldt indicated they would utilize the proposed detention pond and as development occurs the basin can be eliminated and they can use the regional system.

Mrs. Morris asked what happens if they don’t stay and why don’t they build the entire facility at first to address stormwater.  She further stated she was very concerned about changes in the future, and would like to see them addressed earlier then later.

Treharne stated that agreements between the developer and the City have been prepared and are waiting to be executed.

Treharne stated that with the PD-S district everything has to get presented to the City Council for approval and gives the City a document in anticipation of full build out.  He stated the storm sewer will be built and expanded as the building is expanded.

There were no additional comments from the public.

Moved by Seidl, seconded by Krigbaum to recommend approval of CPC Resolution No. 07-29a conditioned upon staff conditions and explore the additional concerns regarding the satellite facility and landscaping around the facility.

All ayes, motion carried.

c. CPC Resolution No. 07-29b regarding Lot 1, R.E.C. Second Addition – Final Site Development Plan located west of Highway 13, north of 29th Avenue (Linn County Rural Electric Cooperative Association).

Motion by Golden, seconded by Neighbor to recommend approval of CPC Resolution No. 07-29b regarding Lot 1, R.E.C. Second Addition – Final Site Development Plan located west of Highway 13, north of 29th Avenue (Linn County Rural Electric Cooperative Association) as 07-29a stipulations.

All “ayes” motion carried.

d. CPC Resolution No. 07-23 regarding Turning Stone Addition Preliminary Plat located east of N. 10th Street, south of Shamrock Woods (Virginia M. Duffy and Mooney-Engle Land Company, LLC).  (Case #07-62) (TABLED AT AUGUST 14, 2007 MEETING)

Mooney removed himself from the Commission as a conflict of interest exists regarding this item.

Kaiser presented the staff report regarding the proposed preliminary plat and recommend approval subject to the following:

1. Prior to full approval, City Council shall approve the realignment of Connection Boulevard and develop a cost-share agreement for surrounding property owners.
2.  Preliminary Plat shall be contingent upon successful annexation of the property into the City of Marion and the rezoning of the property to R-2, Medium Density Single-Family Residential.
3. Lots 9 and 11 should be noted on the plat to indicate that the lots meet the 60-foot minimum lot width at the 25-foot front yard setback line.
4. Due to site visibility at Hunters Green Way and N. 10th Street, speed reduction is necessary along N. 10th Street (applicant has made request).
5. A delineation report shall be submitted and reviewed by Staff to ensure that any existing wetlands will be mitigated
6. A Storm Water Management Report shall be submitted and reviewed by Staff.
7. Full alignment of the Sanitary Sewer shall be established, including future connection plans for properties west of N. 10th Street.

Krigbaum asked questions regarding the revised sewer.

Mooney explained that the location of the sewer was fairly deep in the initial proposal and the revised sewer location will accommodate a shallower sewer that the City desires and leave it in the cul-de-sac.  He stated it would then be extended toward 10th Street to sewer west of 10th Street.

Treharne presented additional information regarding Connection Boulevard.   He stated the developer is proposing to shift the street to the south onto the property owner to the south.  He indicated staff is supportive of this request to match Lowe park entrance and stacking requirements.   He stated the City Council has to approve the alignment and then there needs to be cost sharing implemented between all adjacent property owners rather than a single property owner, or the alternative would be to leave as approved.

Treharne indicated that the property owner to the south has been contacted, but several issues remain.

Mooney explained that the pond would be stocked with fish and will be oversized and wet owned by a private association from the south three lots.

Krigbaum, inquired about the speed limit along 10th Street.

Steigerwaldt, noted that this item has gone before the Linn County Board to reduce the speed to  45 and address site visibility issues at Hunter’s Green Way.

Nesteby inquired about any timeline for Connection Boulevard to be installed.

Treharne stated Connection Boulevard will be completed by the developer as has been the prior City policy.  He indicated the City needs to look long term to promote orderly growth and address street construction proactively and make connections prior to completed developments, but budget issues remain and we need to identify key routes and prioritize connections.

Nesteby asked if the developer is responsible for any portion of Connection Boulevard.

Mooney stated that he does not believe so and will address the issue with Council.

Treharne stated that the wet detention ponds must be privately owned and maintained by the developer and/or future homeowner associations.

Mooney indicateded if Connection Boulevard is on their property it will make it tough to complete this project with the number of lots proposed.  He stated that the lots proposed don’t exist anywhere else in town and will be a unique feature.

AbouAssaly asked how the detention pond will be maintained.

Mooney stated that the covenants in place will tie ownership and maintenance.

Treharne indicated that there could be note in Memorandum of Agreement to address ownership and maintenance of detention ponds.

Steigerwaldt stated that it is addressed in Memorandum of Agreement.

AbouAssaly stated that if the covenant is only enforced by the ownership, how will the City ensure that it will be maintained.

Hockett stated the Memorandum of Agreement and the Nuisance Enforcement Code would ensure maintenance and proper operation of the facility.

Motion by Seidl, seconded by Golden to recommend approval of CPC Resolution No. 07-23 regarding Turning Stone Addition Preliminary Plat located east of N. 10th Street, south of Shamrock Woods (Virginia M. Duffy and Mooney-Engle Land Company, LLC).

All “ayes” motion carried.  Mooney Abstained

5. OTHER BUSINESS

a. CPC Resolution No. 07-30 regarding an amendment to Chapter 176 of the Marion Code of Ordinances regulating placement and operation of wind energy conversion systems.

Kaiser and Treharne presented the proposed amendment regarding placement and operation of wind conversion systems, specifically regarding items that options remain for discussion.

Golden and Nesteby, stated their concerns regarding residential facilities.

Treharne indicated that is why they are listed as a conditional use, but prohibiting the use is also option.  He stated residential facilities are limited to 50’ in height with a 30’ clearance from grade.  He further stated that A-1 property that is larger could accommodate these types of use and have less impacts due to larger tract size.

Nesteby asked if it tied to utility.

Kaiser stated that it can be set up on site and or sold to the utility.

Neighborhood, comparable ordinances in place.

Kaiser stated very few Iowa communities have ordinances on books regarding this issue.

Motion by Mooney, seconded by Neighbor to table the resolution to allow additional time to review the proposed ordinance.

All”ayes” motion carried.

b. Discussion regarding Self-Storage Facility Ordinance.

Hockett presented the staff report regarding the proposed Self-Storage Facility Ordinance.

c. Resignation – Frank Sherman

6. ADJOURN.

There being no further items to come before the Commission, the meeting was adjourned at 8:23 P.M.

Respectfully submitted,

Cindy Preussner, Secretary