AGENDA MEMO

Meeting Type: City Council Regular Session

Meeting Date: October 05, 2023
Staff Contact: Dave Hockett, Principal Planner
Department: Community Development

ITEM TITLE: Public hearing regarding a moratorium related to commercial uses along
portions of Tower Terrace Road, Highway 13, and the Central Corridor
Zoning Districts

STRATEGIC PLAN ALIGNMENT:

Focus Area: 3 – Community & Economic Development
Goal Area: 3.2 – Ensure Marion’s growth is guided by planning principles and
develops in a sustainable and resilient manner

SUMMARY:
Following a presentation of zoning and land uses within the commercial corridors of the
community the City Council has directed staff to develop a moratorium on the development of
selected uses within defined zoning and areas. The table below identifies the uses reviewed
by the City Council and their status within each commercial corridor subject to the approval of
a moratorium.
Staff have prepared an ordinance related to a temporary moratorium related to the identified
uses listed above. The moratorium will serve as a temporary restriction of those uses within
the zoning and locations identified within the ordinance. The moratorium will provide the time
for Staff to assess and plan for the potential impacts of specific commercial development within
those geographic areas. This will ensure that adequate time is provided to evaluate zoning
regulations, environmental concerns, infrastructure needs, and other relevant factors to make
informed decisions about the future growth and development of these areas. This pause in
commercial activities aims to strike a balance between economic progress and safeguarding
the well-being of communities and the environment, ultimately promoting responsible and
sustainable development practices.

During the course of the proposed commercial use moratorium, staff will establish periodic
touchpoints to effectively manage and review the land uses during the update of the
Comprehensive Plan.

ATTACHMENTS:
Moratorium Ordinance - DRAFT (9/28/23)
Moratorium Map - Districts Combined
Moratorium Map - Tower Terrace Road (Detailed)
Moratorium Map - Highway 13 (Detailed)
Moratorium Map - Central Corridor (Detailed)
 ORDINANCE __________

A TEMPORARY ORDINANCE RELATING TO ZONING MORATORIUM

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MARION, IOWA:

Section 1. The following temporary ordinance relating to a zoning moratorium is hereby enacted as
provided for in Marion Code of Ordinances §340-11.5

Ordinance ___
MORATORIUM

____. PURPOSE. The purpose of this temporary ordinance is to allow for City Council a
reasonable time to review and make informed decisions regarding amendments to the
comprehensive plan and zoning ordinances for certain geographical areas within the City of
Marion. This will allow City Council an opportunity to ensure that future development of these
areas is consistent with future regulations and serves the best interests of the City.

____. DEFINITIONS The following definitions shall be adopted for the purposes of this
temporary ordinance. All other terms shall be defined as provided in Marion Code of Ordinances
Chapter 340.

DEEP DISCOUNT STORE

A commercial establishment primarily engaged in retail sales, characterized by its
primary business model of offering a wide variety of consumer products, including but
not limited to, clothing, electronics, household goods, food, and other merchandise at
significantly reduced prices in comparison to conventional retail outlets. These stores are
often associated with offering discounts on surplus, overstocked, discontinued, or
closeout items.

LIQUOR, SMOKE, AND VAPE STORE

A retail establishment primarily engaged in the sale of alcoholic beverages, tobacco
products, smoking accessories, vaping devices, and related merchandise primarily for off
premises consumption or use. These stores may offer a variety of liquor types, including
spirits, beer, and wine, as well as tobacco products such as cigarettes, cigars, and vaping
supplies.

____. TOWER TERRACE ROAD

A. The City shall not issue a building permit for property zoned BC, Community Business for
property located east of Alburnett Road to west of 10th Street and for property located along
Winslow Road between Wallace and Tower Terrace Road for the following uses:

1. Motor Vehicle Service & Repair, Minor

 2. Gas Station
3. Car Wash
4. Liquor, Tobacco, or Vape Shop
5. Deep Discount Retail Store
6. Crematory Retort
7. Storage Units Commercial, Temporary
8. Outdoor Sales, Permanent
9. Outdoor Sales, Temporary

B. The City shall not issue a building permit for property zoned BL, Business Local for
property located east of Alburnett Road to west of 10th Street and for property located along
Winslow Road between Wallace and Tower Terrace Road for the following uses:

1. Deep Discount Retail Store

2. Outdoor Sales, Temporary

____.HIGHWAY 13

The City shall not issue a building permit property zoned BC, Community Business, BR, Regional
Business, M-1, Light Manufacturing, M-2, General Manufacturing for property located along
Highway 13 South of 29th Avenue to Seacrest Road for the following uses:

1. Motor Vehicle Service & Repair, Minor

2. Motor Vehicle Service & Repair, Major
3. Gas Station
4. Car Wash
5. Pawn Shop
6. Liquor, Tobacco, or Vape Shop
7. Deep Discount Retail Store
8. Crematory Retort
9. Self Storage, Interior Units
10. Storage Units Commercial
11. Storage Units Commercial, Temporary
12. Motor Vehicle Storage, permanent
13. Motor Vehicle Storage, Temporary
14. Outdoor Sales, Permanent
15. Outdoor Sales, Temporary
16. Artist Live Work

_____. CENTRAL CORRIDOR

The City shall not issue a building permit for properties zoned U-1, Uptown District 1, U-2,
Uptown District 2, UC-1 Urban Commercial, UTC-1, Urban Transition Commercial 1 and UTC-2,
Urban Transition Commercial 2 of the following uses:
 1. Gas Station
2. Car Wash
3. Pawn Shop
4. Liquor, Tobacco, or Vape Shop
5. Deep Discount Retail Store
6. Storage Units Commercial, Temporary
7. Outdoor Sales, Permanent and Temporary
8. Outdoor Sales, Temporary
9. Artist Live Work

____. Applicability

This temporary ordinance shall not apply to where a vested right to the issuance of such permit
accrued prior to the effective date hereof. Permits for emergency repairs or demolition may be
issued with Council approval.

_____. Termination

This temporary ordinance shall be automatically repealed on October 5, 2024, unless extended
by City Council.

Section 2: That all other chapters shall remain unchanged by this ordinance.

Section 3: That, until terminated, that this ordinance shall control over any other zoning ordinance in
conflict with the provisions herein.

Section 4. This ordinance shall be in full force and effect from and after its passage, approval and
publication, as provided by law.

Passed and approved this _____ day of _______________________ , 2023.

___________________________
Nicolas AbouAssaly, Mayor

ATTEST:

I, Rachel Bolender, City Clerk of the City of Marion, Iowa hereby certify that at a meeting of the City
Council of said City, held on the above date, among other proceedings the above was adopted.

______________________________
Rachel Bolender, City Clerk
 d
Moratorium Affected Properties
slowR

¯
Win U-1, Uptown 1 (60) UTC-1, Urban Transition Commercial 1 (93) BC, Community Business (36)
BC
U-2, Uptown 2 (87) UTC-2, Urban Transition Commercial 2 (9) BR, Regional Business (25)
UC-1, Urban Commercial (27) BL, Local Business (3) M-2, General Manufacturing (21)
Alburnett Rd BL Tower Terrace Rd

29th Ave

Hwy 13
Kacena Ave
10th St

Hwy 151
2nd St

UTC-1
U-1 UC-1
UTC-2
6th Ave
U-2
31st St
M-2

BR
 Moratorium Affected Properties:
Tower Terrace Road Corridor

¯ BL, Local Business (3)

BC, Community Business (20)

Irish Dr

Winslow Rd
BC

10th St
Alburnett Rd

BL

Wallace St
Tower Terrace Rd

Barrington Pkwy
 29th Ave
Moratorium Affected Properties:
Hwy 13 Corridor

¯ BC, Community Business (16)

BR, Regional Business (25)
M-2, General Manufacturing (21)

Hwy 13

Kacena Ave

Hennessey Pkwy
BC

Hwy 151

8th Ave
62nd St
51st St

M-2

Grant
Wood
Trail
BR

Hwy 100
 Moratorium Affected Properties:
Central Corridor

¯ U-1, Uptown 1 (60)

U-2, Uptown 2 (87)
UC-1, Urban Commercial (27)
UTC-1, Urban Transition Commercial 1 (93)
UTC-2, Urban Transition Commercial 2 (9)

10th St
7th St

9th Ave

UTC-1
UC-1
U-1 Ave
7th
2nd St

UTC-2
6th Ave
U-2

31st St
15th St