Council Memo

G.1.a

council memo

DATE: Wednesday, February 28, 2018

TO: Mayor and City Council

FROM: Tracey Bellach, Administrative Assistant

RE: G.1. Motion to approve Project Calendar regarding Planning and Development Department Payments as follows:

a. Resolution No. approving payment No. 3 to Shoemaker Haaland per the contract for the CeMar Trail (Iowa DOT Project Number: TAP-U-4475(630)8I-57) in the amount of $21,999.07.

Exhibit(s): Invoice

The contract is for engineering services related to the CeMar Trail Project (from the southwest City limits to approximately 7th Street and 7th Avenue roundabout). City Council approved the contract by Council Resolution No. 26234 on August 3, 2017, which was fully approved by the Iowa DOT on September 18, 2017. Please see the attached exhibit for further explanations.

G.1.b

council memo

DATE: Wednesday, February 28, 2018

TO: Mayor and City Council

FROM: Tracey Bellach, Administrative Assistant

RE: G.1 Motion to approve Project Calendar regarding Planning and Development Department Payments as follows:

b. Resolution No. approving payment no. 29 to Universal Field Services, Inc for services related to right-of-way acquisitions for the Central Corridor Improvement Project, 13th Street to 31st Street in the amount of $1,300.00.

Exhibit(s): a. Invoice

The City has received an invoice from Universal Field Services, Inc. dated January 31, 2018 in the amount of $1,300.00. Said invoice is for work associated with right-of-way acquisitions within the Central Corridor Improvement Project area. City Council approved the contract by Council Resolution No. 24861 on September 17, 2015. Please see attached invoice for further explanations.

Much of the work completed and reflected in the invoice is title work related to the properties we are purchasing. Essentially each Title Opinion ensures the property we are purchasing is free and clear of any encumbrances and the identified owner is in fact the true and rightful owner.

G.2.a 1225 6th Avenue, Suite 210 Marion, Iowa 52302 www.cityofmarion.org council memo

DATE: Thursday, March 1, 2018

TO: Marion City Council

FROM: Nicole Burlage Planner I RE: G. 2. Motion to receive and file the following items to the Planning and Zoning Commission:

a. Preliminary and Final Site Development Plan for Spee-Dee Delivery for property located east of Partners Avenue and south of Enterprise Drive.

Exhibit(s): a: Preliminary Site Development Plan b: Elevations

a. Preliminary and Final Site Development Plan for Spee-Dee Delivery for property located east of Partners Avenue and south of Enterprise Drive.

The applicant, Strack Companies, is seeking approval of a preliminary and final site development plan for a proposed Spee-Dee Delivery terminal facility which would consist of approximately 27,000 square feet. A final plat still needs to be considered for approval.

Marion Economic Development Company (MEDCO) purchased the property in 2008 with the intent to create an industrial enterprise center which would be held to specific design guidelines. The property was rezoned to Planned Development Special (PD-S) in 2010 with construction projects beginning thereafter.

Staff recommends receiving and filing the proposed Preliminary and Final Site Development Plans for Spee-Dee Delivery to the Planning and Zoning Commission for review and recommendation back to the City Council for final consideration.

Phone (319) 743-6320 [email protected] Fax (319) 373-4260 PRELIMINARY SITE DEVELOPMENT PLAN Exhibit a LOCATION MAP SPEE-DEE DELIVERY

PROJECT LOCATION

GENERAL LEGEND EXISTING PROPOSED ST ST ST ST ST ST ST SS8 ST ST18

W12

ST PROPOSED BUILDING 27,000 SQFT FFE=859.50

SS6

ST SS6 SS6 W6

W6 W6

ST ST ST ST ST ST

APPLICANT DIMENSIONAL STANDARDS PLANTING REQUIREMENTS

OWNER

PLANT LEGEND ZONING AND USE EXISTING PROPOSED

PARKING REQUIREMENTS LEGAL DESCRIPTION

AREA CALCULATIONS

HALL & HALL ENGINEERS, INC. SPEE-DEE DELIVERY

1860 BOYSON ROAD, HIAWATHA, IOWA 52233 PRELIMINARY SITE DEVELOPMENT PLAN PHONE: (319) 362-9548 FAX: (319) 362-7595 PARTNERS AVENUE CIVIL ENGINEERING LANDSCAPE ARCHITECTURE LAND SURVEYING LAND DEVELOPMENT PLANNING www.halleng.com MARION, IOWA Exhibit b

G.2

DATE: Thursday – March 1, 2018

TO: Mayor and Marion City Council

FROM: David N. Hockett, AICP Assistant Planning & Development Director

RE: G.2 Motion to receive, file and refer to the Planning and Zoning Commission

b. Final Plat for Sunny Ridge Villas 2nd Addition for property located west of Bison Street and south of Robinwood Lane, Marion, Iowa. (DMFA, LLC).

c. Preliminary Site Development Plan for Squaw Creek Hospitality Country Inn & Suites Hotel located at 5993 Carlson Way on the northeast corner of Highway 13 & 151.

d. Revised Preliminary Plat for 13 & 151 1st Addition located on the northeast corner of Highway 13 & 151, Marion, Iowa (Water Rock, LLC).

e. A request to amend the Future Land Use Map of the Marion Comprehensive Plan from Single Family Detached to Single Family Attached and a Rezoning from Medium Density Single Family Residential (R-2) to Two-Family Residential (R-3) for property located north of Winchester Drive and west of Sherwood Drive. (Robson Home, Inc.)

f. Preliminary Site Development Plan request for The Commons at English Glen 4th Addition located north of Winchester Drive and west of Sherwood Drive. (Robson Home, Inc.).

g. A request to amend the Future Land Use Map of the Marion Comprehensive Plan from Single Family Detached to Single Family Attached and a Rezoning from Medium Density Single Family Residential (R-2) to Two-Family Residential (R-3) for property located southwest of 35th Street, north of Tower Terrace Road and southeast of Indian Creek Road. (M&W Ventures, LLC).

h. Rezoning of property from Rural Restricted (A-1) to Medium Density Single Family Residential (R-2) for property located west of Alburnett Road and south of Echo Hill Road, Marion, Iowa. (Carl L. Zieser & Doris J. Zieser Revocable Trust).

Phone (319) 743-6320 [email protected] Fax (319) 373-4260

G.2b Final Plat for Sunny Ridge Villas 2nd Addition for property located west of Bison Street and south of Robinwood Lane, Marion, Iowa. (DMFA, LLC).

The applicant is seeking approval of a five (5) lot subdivision to permit the development of five (5), twelve (12) plex units for property located west of Bison Street and east of Highway 13. These units will be similar to those three (3) story units currently being constructed east of Bison Street.

The Planning and Zoning will meet on March 21, 2018 and forward a recommendation to the City Council for final approval.

G.2c Preliminary Site Development Plan for Squaw Creek Hospitality Country Inn & Suites Hotel located at 5993 Carlson Way on the northeast corner of Highway 13 & 151.

G.2d Revised Preliminary Plat for 13 & 151 1st Addition located on the northeast corner of Highway 13 & 151, Marion, Iowa (Water Rock, LLC).

This is a request for a revised preliminary plat for property located on the northeast corner of Highway 13 and 151 that is seeking approval to permit the continued development of the Squaw Creek Development. The proposed revised preliminary plat eliminates private streets and changes future parcel lines to accommodate the proposed Country Inn & Suites Hotel.

In addition to the revised preliminary plat this is also a preliminary Site Development plan for the proposed 94 room Country Inn & Suites Hotel, located along the north portion of the development immediately east of the propose Kwik Star location. Upon preliminary review it appears to meet / exceed the 13 & 151 Design Guidelines.

The Planning and Zoning will meet on March 21, 2018 and forward a recommendation to the City Council for final approval.

Squaw Creek Village

A request to amend the Future Land Use Map of the Marion Comprehensive Plan from Single Family Detached to Single Family Attached and a Rezoning from Medium Density Single Family Residential (R-2) to Two-Family Residential (R-3) for property located north of Winchester Drive and west of Sherwood Drive. (Robson Home, Inc.) f. Preliminary Site Development Plan request for The Commons at English Glen 4th Addition located north of Winchester Drive and west of Sherwood Drive. (Robson Home, Inc.).

The applicant is seeking approval to revised both the future land use map and the zoning of property to permit the development of duplex units from the approved single family homes that will back up to a private pond. In addition, they are seeking approval of a preliminary site development plan.

The Planning and Zoning will meet on March 21, 2018 and forward a recommendation to the City Council for final approval.

G.2g A request to amend the Future Land Use Map of the Marion Comprehensive Plan from Single Family Detached to Single Family Attached and a Rezoning from Medium Density Single Family Residential (R-2) to Two-Family Residential (R-3) for property located southwest of 35th Street, north of Tower Terrace Road and southeast of Indian Creek Road. (M&W Ventures, LLC).

This is a request to amend both the future land use map and the zoning of property to permit the development of duplex units. The site is currently approved for single family homes.

The Planning and Zoning will meet on March 21, 2018 and forward a recommendation to the City Council for final approval.

G.2H Rezoning of property from Rural Restricted (A-1) to Medium Density Single Family Residential (R-2) for property located west of Alburnett Road and south of Echo Hill Road, Marion, Iowa. (Carl L. Zieser & Doris J. Zieser Revocable Trust).

This is a request to rezone property from A-1, Rural Restircted to R-2, to permit the development of single family homes from property located south of Echo Hil Road and west of Alburnett Road.

Phone (319) 743-6320 [email protected] Fax (319) 373-4260

G.3

DATE: Thursday, March 1, 2018

TO: Mayor & Marion City Council

FROM: David N. Hockett, AICP Assistant Planning & Development Director

RE: G.3 Public Hearing regarding a Preliminary and Final Site Development Plan for Kwik Star Convenience Store at 5992 Carlson Way, east of Highway 13 and south of Hennessey Parkway (Kwik Trip, Inc.).

Resolution No. approving the Preliminary Site Development Plan for Kwik Star Convenience Store located at 5992 Carlson Way, east of Highway 13 and south of Hennessey Parkway (Kwik Trip, Inc.).

Resolution No. approving the Final Site Development Plan for Kwik Star Convenience Store located at 5992 Carlson Way, east of Highway 13 and south of Hennessey Parkway (Kwik Trip, Inc.).

Exhibits: A full copy of the 13 & 151 Development Guidelines has been made available online at http://www.cityofmarion.org/departments/planning-development/documents-reports/plans-studies

Planning & Zoning Commission Recommendation: The Planning and Zoning Commission met on February 13, 2018 and recommended APPROVAL (5-1) of the Preliminary and Final Site Development Plans over staff recommendations of denial based on the proposed building elevations not meeting the 13 & 151 Development Design Guidelines.

This is a request by Kwik Trip, Inc. for approval of both a preliminary and final site development plan for Lot 1 of the 13 & 151 Addition (See Figure I: Vicinity Map) for the construction of a 7,298 square foot 24-hour Kwik Star Convenience Store with fuel service located on 1.74 acres. Kwik Trip anticipates construction to begin in August 2018 with an expected opening in December 2018 pending approval of the site development plan by City Council.

Kwik Trip is a privately held company that began in 1965 in Eau Claire, Wisconsin. They have expanded the chain through new construction and acquisitions to almost 600 stores throughout Wisconsin, Minnesota and Iowa, making it one of the fifteen (15) largest convenience store chains in the United States. Iowa stores are called Kwik Star to avoid confusion with QuikTrip which had stores within Iowa prior to Kwik Trip’s entry into the market. Most Kwik Star locations have a small grocery store selling

Phone (319) 743-6320 [email protected] Fax (319) 373-4260

basic items along with traditional convenience store foods/drinks while also offering a variety of ready to eat food. They are unique among peers as they are vertically integrated with a line of private label goods produced and delivered from their own bakery, dairy commissary and distribution center.

This will be the second proposed location in Marion, the first Kwik Star being approved just south of this site at Highway 151 and 62nd Street (west of Victory Gymnastics). That location will include a full-service truck stop with construction beginning in 2019. This will be the fifth (5th) store in the Cedar Rapids metro area.

Squaw Creek Village

Figure I: Vincinity Map.

City Council approved the final plat for the property on July 6, 2017, with the preliminary site development plan and design guidelines approved by City Council on February 7, 2017 following a positive recommenation from the Planning and Zoning Commission. The developer of the site requested design guidelines which were created by Shive-Hattery to support the rezoning of property from C-3, General Commercial to PD-S, Planned Development Special. The PD-S zoning classification gives them the opportunity for deviation from traditional zoning code regulations and allows a variety of uses not permitted within the C-3 zoning district.

Phone (319) 743-6320 [email protected] Fax (319) 373-4260

City Council has previously approved the Dupaco project and two multi-tenant strip malls. This will be the third submittal (fourth building) for the development.

Site Plan Review

The approved preliminary site development plan (right) indicated a convenience store approximately at the same location as the request. The fuel pump orientation was positioned towards Highway 13 with the store situated to the east of the lot, backing up to the private street to the east.

The change of orientation has deviated enough from the approved plan to require the submittal of a new preliminary and final site development plan. The canopy is now located between the residential to the north and the store to the south. The applicant has indicated that the desire to move the building activity further from the homes is to avoid conflict; however, the placement of a commercial style fuel pump canopy to the north would likely generate similar noise conflicts that the store would have created.

Sidewalks have been proposed around the site as it is anticiapted that there will likely be high pedestrian traffic from the residential to the north and overnight guests of the future hotel. Staff would note that a sideawalk to the east shall be required across Carlson Way to connect to future sidewalks. Final placement of the sidewalk can be resolved with the construction site plan.

A landscape/plant schedule has been which specifies landscaping per the design guidelines that complement and enhance the spaces immediately adjacent and surrounding the buildings and parking areas. While the scheduled plant species are not all specifically listed within the design guidelines manual they are suitable plants for the area and have been used successfully in other area office/commercial developments.

Stormwater run-off will be provided on site through an underground storage system along the western portion of the property between the building and Highway 13, with final release to the ditch that runs along Highway 13. Underground storage systems are often placed under parking lots and do not use ground that could otherwise be developed. They require routine maintenance of removing solid material/oils that settle at the base of the structure while the water is passed through.

Phone (319) 743-6320 [email protected] Fax (319) 373-4260

The applicant is proposing twenty-one (21) parking stalls. Traditional zoning for a convenience store of this size would require thirty-seven (37) stalls. Parking provided at the pumps (10) is not permitted to be included in the calculation. The development guidelines indicate a shared parking arrangement across the entire site to permit a reduction of parking at other locations. This is a standard practice for developments of this nature; however, as other uses are constructed on the site utilizing the shared parking, there may be a point where these new uses will not be able to utilize shared parking and will be required to provide all their own required parking onsite. Staff has strongly cautioned the developers that permitting uses to be 40% short of the traditionally required spaces for on-site parking will lead to parking concerns for later projects within the development. Proposed loading areas are directed away from Highway 13 and are designed in a manner that will not conflict with vehicular/pedestrian access to the property.

A photometric site plan has been submitted for review and while Marion does not have an adopted lighting standard, the plan meets both Cedar Rapids and Hiawatha lighting standards as well as recommendations established by the International Dark Sky Association.

Phone (319) 743-6320 [email protected] Fax (319) 373-4260

Building Elevation Review.

There have been numerous discussions with Kwik Trip and the Developer regarding the proposed elevations of the building and its conformance with the 13 & 151 Design Guidelines. Staff started expressing design concerns beginning in October 2017 when first approached by Kwik Trip regarding the placement of a store as part of the development. Staff’s position is that the proposed building elevations do not meet the intent of the adopted design guidelines. The document states that in general a projects should “respect to a timeless contemporary feel as demonstrated within these design guidelines”. While the document clearly is intended to allow flexiblity of design, it is staff’s opinion that the elevations proposed do not have key elements that would indicate contemporary design as identified within the approved Guidelines.

 Staff contends that the faux hipped roof is not a common feature of contemporary architecture and is not illustrated as part of the Design Guidelines sample building elevations. The Guidelines state that the roof and wall should read as a “single element”. The hipped roof creates the appearance of a separate structure from the balance of the building.

 Stucco (EIFS) is identified as a secondary material on the proposed elevations, but is not listed as a primary or secondary material within the Guidelines. A metal panel or fiber cement product are recommended within the standards. The applicant has indicated that EIFS is not a specifically prohibited material within the design standards and the use should be permitted.

 Building supported awnings are encouraged, but not required. Building supported awnings are a typical contemporary style.

 While the entrance feature works as the building is proposed with the hipped roof, the guidelines recommend a primary entrance taller than parapet/roof height.

Kwik Trip has taken many steps to address other concerns from the initial staff review such as wrapping the canopy poles with a brick material similar to the primary building, approximately nine (9’) feet high. Changes to the building elevation include adding windows to both the west side (Right Elevation) and south side (Rear Elevation). The additional windows break up the rather long brick wall faces that staff expressed concerns about.

Kwik Trip has also added two (2) additional gable walls to the west and south side and added two (2) additional signs to bring the total to three (3) on the building. While the addition of the gable walls break up the roof and provides some architetural elements to the overall design, staff does not believe it contributes to a “contemporary feel” that the design guidelines recommend. In addition, per Section 176.31, only two (2) wall signs would be permitted on the buildng. Justification has not been submitted through the planned development for the addition of a third building sign other than to fill the wall space of the gable end.

Phone (319) 743-6320 [email protected] Fax (319) 373-4260

Kwik Trip Response Letter to Staff Comments

Phone (319) 743-6320 [email protected] Fax (319) 373-4260

Kwik Trip Response Letter to Staff Comments Continued

Phone (319) 743-6320 [email protected] Fax (319) 373-4260

Kwik Trip Response Letter to Staff Comments Continued

Phone (319) 743-6320 [email protected] Fax (319) 373-4260

Kwik Trip Response Letter to Staff Comments Continued

Phone (319) 743-6320 [email protected] Fax (319) 373-4260

Dupaco Letter of Support

Phone (319) 743-6320 [email protected] Fax (319) 373-4260

G.4

DATE: Thursday – March 1, 2018

TO: Mayor & Marion City Council

FROM: David N. Hockett, AICP Assistant Planning & Development Director

RE: G.4 Resolution No. approving a Final Site Development Plan for the Ridge at Indian Creek Addition located northeast of Lucore Road and southeast of Indian Creek Road (Abode Construction, Inc.).

Exhibit(s): A: Proposed Final Site Development Plan

Planning & Zoning Commission Recommendation: The Marion Planning and Zoning Commission met on February 13, 2018 and determined that the proposed Final Site Development Plan was consistent with the approved Preliminary Site Development Plan (Resolution NO. 26545) and recommended APPROVAL (6-0).

The applicant, Abode Companies, Inc. is seeking approval of a Final Site Development Plan for property located northeast of Lucore Road and southeast of Indian Creek Road to permit the development of twenty-nine (29) condominium units for fifty-eight (58) units on 13.77 acres.

The City Council approved the Preliminary Site Development (Resolution No. 26545) on December 7, 2018 that proposed condominum units along Lucore Road and Tower Terrace Road.

The applicants have provided a landscape concept plan with the development with each buiding having a minimum of two (2) front yard trees and two (2) rear yard trees. There was lengthy discussion at the Planning and Zoning Commision in December regarding the rear elevations of the building facing the public streets. The develper at that time had submitted rear elevation exhibits as part of their request that was approved.

G.4

Memorandum

To: City Staff

From: Legal

Re: Medicinal Marijuana Dispensary/Manufacturers

Medicinal Marijuana will largely be regulated by Iowa Code and Administrative Rules. There is oversight by the Department of Health and the Medicinal Cannabidiol Advisory Board.

From a municipal standpoint, our primary concern is the location of dispensaries and manufacturers. It will be important that we ensure that any medicinal marijuana manufacturer or dispensary has the proper licensing from the State.

With regard to location there are three primary restrictions set forth by the State of Iowa:

1. Dispensaries and manufacturers can not share space or have a financial relationship with a health care practitioner. 2. Dispensaries and manufacturers shall not operate at the same physical location. 3. Dispensaries and manufacturers shall not operate within 1,000 feet of any school already in existence at the time their license was issued.

The Code provides for inspections by the Board, security, and additional restrictions. However, those are subject to oversight by the Cannabidiol Advisory Board and the Iowa Department of Health.

The licensing application process does require the applicants to provide a “Proper Zoning Form.” Legal has contacted the Advisory Board and Department of Health to obtain that form.

From: City of Marion, IA [mailto:[email protected]] Sent: Wednesday, February 21, 2018 6:02 AM To: Council Subject: Email contact from City of Marion, IA

Message submitted from the website.

Site Visitor Name: Brittany Sones Site Visitor Email: [email protected]

Good Morning to my Mayor and members of The City Council,

I am writing in regards to the concern I have for the land that is located south of Echo Hill Rd and west of Alburnett Rd. My place of residence is Prairie Trails development. I have two young children and my husband and I lead an active lifestyle which utilizes the wide sidewalks, a portion of Alburnett to cross north over Echo Hill, and all of the new developments in the area there. Our favorite is taking the kids on their bikes everywhere while we walk to keep up. Alburnett is a very busy road. All year round. But the increased traffic From August to May is quite the nightmare for this mother. When the new crosswalk signs were put in early this winter I was ecstatic! We can’t wait to teach our kids how to use them properly so we can utilize all of Marion’s trails.

Alburnett Rd is quite easy to speed on. And I see it more than I like. There have been two very scary accidents at the proposed intersection. With only rural and residential here in this area I feel rezoning the area to accommodate a storage facility would lead to more traffic in an already very busy intersection.

There are mornings it takes 20 minutes for my children and I to drive from Prairie Trails neighborhood to the roundabout at Tower Terrace due to the amount of traffic backed up. Our children need a safe environment to be able to walk to school when old enough and to lead healthy lifestyles on the paths that have been created by the city.

With kind regards,

Brittany Sones A homeowner on Oak Park Trail

From: City of Marion, IA [mailto:[email protected]] Sent: Wednesday, February 21, 2018 8:03 AM To: Council Subject: Safety issue in neighborhood

Message submitted from the website.

Site Visitor Name: James Heslop Site Visitor Email: [email protected]

Hello,

I am contacting you because I am not quite sure where I would take up a safety issue in a neighborhood and thought maybe someone could point me in the right direction. It's in an area directly west of Echo Hill Elementary school on Echo Hill Road. There are two spots that do not currently have sidewalks and I have been witness to kids being dropped off by a school bus in the street or just walking home and having to navigate a portion of the neighborhood walking directly in the street which happens to be the main entry into the development. I just don't want to see any kids get injured because of something that could have been prevented and in the future my kids will have to possibly do the same as I live in the development. I have an Excel file with a map showing the problem. Please advise. Thank you for your time.