RE: 6. GILL/GREEN COMPREHENSIVE PLAN AMENDMENT, REZONING AND PRELIMINARY PLAT

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1 commission memo DATE: Thursday - August 9, 2018 TO: Marion Planning & Zoning Commission FROM: David N. Hockett, AICP Principal Planner RE: 6. GILL/GREEN COMPREHENSIVE PLAN AMENDMENT, REZONING AND PRELIMINARY PLAT Public hearing regarding the property between Alburnett Road and Irish Drive and north and south of Tower Terrace Road to amend the Future Land Use Map of the Marion Comprehensive Plan from Single Family Attached Residential to Single Family Detached Residential and Commercial; and Single Family Detached Residential to Commercial and a request to Rezone from A-1 (Rural Restricted) to R-2 (Medium Density Single Family Residential), C-3 (General Commercial) and O- 1 (Office Transitional) (Gill/Green). CPC Resolution No recommending approval to amend the Future Land Use Map of the Marion Comprehensive Plan from Single Family Attached Residential to Single Family Detached Residential and Commercial; and Single Family Detached Residential to Commercial for property between Alburnett Road and Irish Drive and north and south of Tower Terrace Road. (Gill/Green) CPC Resolution No recommending approval to Rezone from A-1 (Rural Restricted) to R-2 (Medium Density Single Family Residential), C-3 (General Commercial) and O-1 (Office Transitional) for property between Alburnett Road and Irish Drive and north and south of Tower Terrace Road.(Gill/Green) CPC Resolution No recommending approval of a Preliminary Plat for Tower Terrace Commercial located between Alburnett Road and Irish Drive and north and south of Tower Terrace Road. (Gill/Green) The applicants are seeking approval of amendments to both the future land use map as well as the zoning map in addition to a preliminary plat to support the development of the future YMCA property as well as additional office / commercial activity and residential development located between Alburnett Road and Irish Drive and both north and south of Tower Terrace Road.

2 Figure I: General Location Map The property in question has been in agricultural production for much of its recent history with the owner having sold off portions of the land in the past to permit residential development and permit the extension of Tower Terrace through east to west. Comprehensive Plan / Future Land Use Map Amendment Request: 6.a Public hearing regarding the property between Alburnett Road and Irish Drive and north and south of Tower Terrace Road to amend the Future Land Use Map of the Marion Comprehensive Plan from Single Family Attached Residential to Single Family Detached Residential and Commercial; and Single Family Detached Residential to Commercial and a request to Rezone from A-1 (Rural Restricted) to R-2 (Medium Density Single Family Residential), C-3 (General Commercial) and O-1 (Office Transitional) (Gill/Green). 6.b CPC Resolution No recommending approval to amend the Future Land Use Map of the Marion Comprehensive Plan from Single Family Attached Residential to Single Family Detached Residential and Commercial; and Single Family Detached Residential to Commercial for property between Alburnett Road and Irish Drive and north and south of Tower Terrace Road. (Gill/Green) The subject property has undergone several comprehensive plan amendments since 2000 with the 2010 Comprehensive Plan identifying a commercial node at the Alburnett Road/ Tower Terrace Intersection with multi-family and single family designations from the node.

3 The applicants are seeking to amend the future land use map to Corridor Commercial to permit the proposed C-3, General Commercial zoning along the north side of Tower Terrace between Alburnett Road and Irish Drive. The proposed Marion YMCA is the only announced project at this time. The property in question is currently designated a mix of Corridor Commercial, Single Family Attached and Single Family Detached Residential with single family designations to the North and East of the subject property and south across Tower Terrace Road Figure II: Existing Land Use Map The applicant seeks to amend the land use map from the Single Family Attached and Single Family Detached to Corridor Commercial for an area north of Tower Terrace Road between Irish Drive and Alburnett Road and approximately 350 south of the single family homes to the north. The area within the highlighted area of Figure II will become Corridor Commercial and would support zoning that would provide for large scale commercial centers and big box retailers serving a community wide consumer base Staff finds that the proposed request is consistent with the adjacent existing and future land uses and recommends approval of CPC Resolution No

4 Rezoning Request 6.a Public hearing regarding the property between Alburnett Road and Irish Drive and north and south of Tower Terrace Road to amend the Future Land Use Map of the Marion Comprehensive Plan from Single Family Attached Residential to Single Family Detached Residential and Commercial; and Single Family Detached Residential to Commercial and a request to Rezone from A-1 (Rural Restricted) to R-2 (Medium Density Single Family Residential), C-3 (General Commercial) and O-1 (Office Transitional) (Gill/Green). 6.c CPC Resolution No recommending approval to Rezone from A-1 (Rural Restricted) to R-2 (Medium Density Single Family Residential), C-3 (General Commercial) and O-1 (Office Transitional) for property between Alburnett Road and Irish Drive and north and south of Tower Terrace Road.(Gill/Green) The applicant is seeking to rezone property from A-1, Rural Restricted which is intended to preserve land suitable for eventual development for other uses until such time as necessary facilities and services can be economically and reasonably provided to such areas to R-2, Medium Density Single Family Residential, C-3, General Commercial and O-1, Office Transitional (boundary correction) for property located between Irish Drive and Alburnett Road and on both north and south of Tower Terrace Road R-2 R-3 A-1 R-2 R-1 A-1 C-3 O-1 C-3 R-2 PD-R R-2

5 It should be noted that the requested zoning will in the future be changed to reflect new zoning districts recently approved by the Planning and Zoning Commission and currently going through the public hearing process at the City Council with a community wide zoning map update. A-1, Rural Restricted to R-2, Medium Density Single Family Residential: The applicant is seeking to rezone approximately 10 acres to R-2, Medium Density Single Family Residential, located between Alburnett Road and Irish Drive south of Bent Creek Drive. The R-2 zoning district is intended to provide for single family homes on lots not less than 6,000ft 2.

6 The property to the north is currently zoned R-3, Two Family Residential but developed as single family homes. The property to the east is currently zoned R-2, Medium Density Single Family to the west the property is currently within Linn County and zoned A-Agriculture while the property to the south is proposed to be zoned C-3, General Commercial. The proposed zoning is compatible with all adjacent residential zoning districts, the proposed commercial zoning to the south will potentially create conflicts and will have to be mitigated through design on the commercial side of the rezoning request. Staff finds that the proposed R-2, Medium Density Single Family Residential is consistent with the existing future land use map and the goals and objectives of the Marion Comprehensive Plan and recommends approval. A-1, Rural Restricted to C-3, General Commercial: The applicant is seeking to rezone approximately 24 acres to C-3, General Commercial, located between Alburnett Road and Irish Drive and north of Tower Terrace Road. The C-3, zoning District is intended to provide areas for all types of retailing and service uses certain wholesale and warehouse uses and some limited industrial activities normally associated with commercial uses. This district is designed to accommodate commercial areas where customers reach individual business establishment primary by automobile The property to the north is currently agricultural uses, with proposed R-2 zoning to support single family home construction, the property to the east of Irish Drive is currently zoned R-2 and C-3, General Commercial, currently owned by St. Lukes Methodist Hospital. Several homes have been built north and east of the detention basin. The property to the immediate south is currently undeveloped and zoned O-1, Office Transitional and A-1, Rural Restricted and will likely develop as office and light commercial uses. The property to the west is currently located in Linn County and zoned A, Agriculture and will likely develop as both commercial and multi-family. The proposed C-3, zoning may have potential conflicts with existing land uses, which may be remedied or minimized through project design. Traffic and other external effects should be directed way from low intensity uses. Landscaping, buffering and screening should be employed to minimize negative side effects. At this time no formal site plans have been submitted, but staff has requested a concept plan of how the property could develop based on the proposed zoning. Projects will be reviewed to ensure compliance with underlying zoning district standards and conditions of the rezoning. The City has placed conditions on all commercial zoning along the Tower Terrace Road Corridor and the subject property will be subject to similar conditions as outlined below. (1) Shall be subject to the permitted use regulations of the C-3, General Commercial Zoning District but shall prohibit the following uses: A. The following Retail Business which supply commodities on the premises: i. Automobile, boat, camper, farm implement, heavy equipment, mobile home, motorcycle and recreational vehicle sales, service and rental.

7 ii. Automobile service stations, vehicle repair shops, towing service, automobile laundries/car washes that are not accessory to gas convenience store, tire, battery and automobile accessory sales and services. Automobile storage is not permit. iii. Building service and supply stores and lumber yards. B. The following Personal Service Businesses which perform services on premises i. Drive in Theaters ii. General service and repair establishments including air conditioning, appliance, electrical, furniture, heating, painting, plumbing, sheet metal, upholstery and similar uses. C. All wholesale and warehouse uses within the district shall be prohibited including self-storage facilities. D. All industrial type uses within the district shall be prohibited. E. All sexually oriented uses within the district shall be prohibited. F. All conditional uses except day care centers which shall be permitted as a conditional use. G. Open Storage. All operations shall be conducted in a fully enclosed building, except outdoor dining / patios which shall be permitted. (2) Shall be subject to the site and structure requirements of the C-1, Neighborhood Commercial Zoning District except as follows: A. Maximum Height 3 stories or 45 B. Landscaping shall be required to be provided per Section of the Marion Code of Ordinances. (3) Other Provisions A. Accessory Uses. Uses and structures accessory to a principal permitted use or a conditional use are permitted subject to the provisions of Section B. Temporary Uses. Temporary uses are permitted subject to the provision of Section (13). C. Signs. Signs shall incorporate aesthetic features compatible with the overall character of the zoning district and neighborhoods, are permitted subject to the provisions of Section , unless otherwise specified below: (1) Ground signs shall not exceed 100 square feet and any supporting

8 columns shall be constructed with colors and materials that are compatible with the building material of the principle structure of the property. (2) Ground signs shall have a base that is equal to or greater than the width of sign. (3) Electronic / manual message boards hall not be operated between the hours of 10:00pm and 6:00am and shall contain an automatic light sensitive dimming devices. D. Off-street Parking and Loading. Off-street parking and loading facilities shall be provided according to the provisions of Section E. Open Storage. All operations shall be conducted in a fully enclosed building F. Performance Standards. No flammable, reactive, explosive, toxic, or radioactive materials may be stored, handled or utilized unless the Building Official and the Fire Chief determine that such use does not constitute a hazard to adjacent properties based upon standards and criteria set forth in local, State and Federal codes, rules and/or regulations. G. Architectural Requirements. The use of quality architectural materials shall be used on all sides of all buildings and structures in order to enhance the physical appearance of the building and attempt to make the structures more compatible with residential structures in the adjacent neighborhoods. (1) The roofs shall be pitched or gabled in attempt to make the structure more compatible with the residential structures in the adjacent neighborhood. a. All roof elements under 10,000 square feet shall have a minimum 6/12 pitch. (2) The primary exterior material shall consist of a combination of brick, architectural concrete panels, textured concrete block or architectural metal, fiber cement, stone panels in keeping with the nature and character of the theme developed by the overall project and compatible with the adjacent residential developments. Use of brick, stone, stucco or concrete block shall be used on all sides of all buildings and structures. H. Exterior Lighting Standards. Lighting on the site shall adhere to the following standards. City staff and officials may request submittal of a formal lighting plan at their discretion, the content of which shall be determined at the time that such a request is made. (1) Light Trespass and Distraction. Lighting shall be provided in such a way as to not interfere with roadway traffic, spill over onto adjacent properties, and / or pollute the night sky. The light levels shall be no greater than zero (0) foot-candle at any property line or public right-of way line. Where this footcandle restriction cannot be met, an administrative variance may be applied for when trespass may occur on a commercially zoned property, but is not permitted to trespass on to an R zoned property. Specifically, the following types of light trespass are prohibited:

9 a. Any light not designed for roadway illumination that produces direct or reflected glare that could disturb the operator of a motor vehicle. b. Any light that may be confused with, or construed as a. traffic control device, except as authorized by state, federal and local government. (2) Unshielded Lighting. The use of unshielded lighting, including incandescent light bulbs hung or strung on poles, wires or any other type of support are prohibited except on temporary basis not to exceed 2 weeks and when associated with construction activity on the property. (3) Light Poles. The maximum height of light poles on private property, as measured from grade at the base to the bottom of the luminaries shall not exceed sixteen (16) feet in height. These standards do not apply to public lighting. I. Pedestrian Sidewalks. Sidewalks shall be placed in the city right-of-way adjacent to all public streets are as required by the Marion Code of Ordinances. All individual lots must provide a means of access from the public sidewalk to all buildings located on each parcel. J. Building Renderings. Each building permit/site plan shall include a colored rendering of the principle structure indicating the type and color of all exterior building materials A-1, Rural Restricted to O-1, Office Transitional: The applicant is seeking to rezone approximately 1.3 acres from A-1, Rural Restricted to O-1, Office Transitional located between Alburnett Road and Irish Drive south of Tower Terrace Road. The O-1 zoning district is intended to accommodate offices, certain low intensity commercial uses and residential use in a mutual compatible environment. The uses permitted are generally characterized by a low volume of traffic and limited outdoor advertising to protect the abutting and surrounding residential areas. The district is basically designed to serve as a buffer between residential and commercial areas. The proposed O-1 zoning is a corrective zoning action. The property to the south was zoned O-1, Office Transitional (Resolution No approved in April 1994) up to the quarter section line with the applicant (Curb / Barbara Gill) condition that retail uses (32 would not be permitted use. At that time the quarter section line was considered to be the middle of the future Tower Terrace Road alignment. With the alignment of Tower Terrace Road shifted to the north of the quarter section it left a small area (approximately 66 deep) zoned A-1 south of the road. The zoning will be compatible to the balance of zoning on the same parcel.

10 The proposed concept was requested by staff to illustrate how the property could develop with the proposed street network, not necessarily how it will develop.

11 Preliminary Plat d. CPC Resolution No recommending approval of a Preliminary Plat for Tower Terrace Commercial located between Alburnett Road and Irish Drive and north and south of Tower Terrace Road. (Gill/Green) This is a request by Gill / Green for a proposed preliminary plat for the Tower Terrace Commercial preliminary plat located between Alburentt Road and Irisih Drive and north and south of Tower Terrace Road. The proposed preliminary plat consists of 45 lots of which 35 are single family lots and 10 lots are proposed for office / commercial and park expansion. The following is a breakdown of the review criteria used for the platting process: 1. Water Service: Water Service currently exists via mains located along the south side of Tower Terrace Road and west side of Irish Drive. The proposed development can be served from the provided mains with internal loops throughout the future development for pressure. 2. Sanitary Sewer Service: Sanitary sewer service is currently available to the property at several locations and capable of serving the development. 3. Storm-water Management: The developer has proposed several basins throughout the development with the residential portion being served at the southeast corner of Irish Drive and the proposed Aspen Drive. The YMCA will accommodate storm water in a basin at the corner of Tower Terrace Road and Irish Drive. The remaining lots will have individual basins at this time that will be sized with specific projects as they come forward. 4. Environmentally Sensitive Land Impact: The site has no environmentally sensitive land identified. a. 100 Year Flood Plain: Not Applicable, not located within the 100-year flood plain. b. 500 Year Flood Plain: Not Applicable, not located within the 500-year flood plain. c. Slope: The area for development has no significant slopes.

12 d. Tree Masses: There are no significant tree masses on the site other than small clusters situated around the farm houses on the site. e. Wetlands: There are no identified wetlands on the site. 5. Street Construction: The applicant is proposing an internal street network to serve the proposed development. The developer will be responsible for the installation of those streets. Both Irish Drive and Tower Terrace Road have connection fees that will be due on at time of final plats for any lots that are adjacent to those street frontages. Those fees were set per City Council Ordinance and have been paid as development has occurred along those streets. 6. Trail / Sidewalk Connections: The applicant will be responsible for all internal sidewalks associated with the development. Trails have been constructed along Irish Drive and Tower Terrace Road and are part of the connection fees established by the City Council at the time the property is final platted. 7. Lot Configuration / Access: All lots within the subdivision meet the minimum size requirements of the proposed zoning classifications. At time of final plat lot sizes will likely change, should additional lots be added the final plat will be reviewed by the Planning and Zoning Commission prior to City Council action, should lots be combined no review by the Commission would be required. 8. Parkland / Open Space Dedication and Landscaping: The developer is not proposing dedication of any parkland or open space. The Marion YMCA (Lot 4) will have a large open field area for their multi-purpose outdoor recreation activities. Lot 1 (1.55 acres) is proposed to be purchased by the City which will permit Gill Park and water facility expansion. Staff recommends APPROVAL of CPC Resolution No regarding the proposed preliminary plat for Tower Terrace Commercial as it meets the goals and objectives of the Comprehensive Plan and the proposed amendments as well as Section 175 (Subdivision Regulations) and Section 176 (Zoning Regulations).

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