Marion continues to add new homes

Marion continues to add new homes

Planning & Zoning Commission approves subdivision expansion, including senior community

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Marion Planning and Zoning Commission greenlighted two new phases of the Riverwest Estates subdivision, one of which will include a gated community for residents 55 years older and up.

The 55-and-up portion will have 34 homes and the other phase will have ten homes along the back end of the subdivision.

Developer Kathryn Pirani said the 55 and up development will be single-family homes, with no children under 13 allowed.

The homes will start at 1,700 square feet.

“I want to keep with the existing covenants of Riverwest subdivision and 90 percent will be brick houses,” Pirani said. “I don’t want any front loaded garages in there.”

The property is zones R-1 and meets all the city’s lot requirements.

City Planner Ed Cain said the city doesn’t have any ordinances about age restrictions and asked how Pirani planned to enforce that rule.

“Our ordinances do not speak to restrictions about age,” Cain said. “I think the way that will have to be invoked is through protective covenants.”

“It will,” Pirani said.”

They (homeowners association and Realtors) would monitor that.”

The commission also raised concerns about the lack of a secondary street access for emergency vehicles.

“There is some concern about circulation in there,” Cain said. “Riverwest Circle is not going to connect with Riverwest Circle in the center. That might create some problems. We usually like to see two routes for circulation.”

City ordinances require 500 feet of access.

“We had another subdivision that it wasn’t tied in and they didn’t get to build,” said Councilman Cliff Wood.

Pirani said emergency vehicles could enter through Riverwest Drive.

“They can go through both gates,” Pirani said. “You don’t have to go all the way around. When you come in on Riverwest you can go to the left or the right. You can go to the left and 12 houses down is the gate.”

The Planning Commission made final approval contingent on the fire department giving their okay to the layout.

The issue of the gated entranceway to the circle inside the 55 and over community being a private road also will need to be resolved.

City ordinances do not allow for private roads in subdivisions.

“There can’t be any private streets,” Cain said.

“They city will not maintain them. We’ve seen this before. Somebody will put in a private road to three lots) and they will put up a sign saying private. But then things change over the years and the city starts getting calls of ‘when are you going to fix my street?’ So we shied away from accepting private streets in subdivisions.”

Mayor Frank Fogleman agreed.

“It looks like it is going to have to be a public street,” Fogleman said.

Pirani asked if the homeowners association could be responsible for maintaining the road.

“So we would have to get that changed in order to make it gated?” Pirani asked.

Cain said she will need to consult City Attorney James “Jimbo” Hale about that.

“I only know about our planning process,” Cain said. “We can’t have that unless we change our ordinance.”

The planning commission approved the preliminary plat for both phases contingent on getting approval from the fire department and a resolution of the public access legal issue.

In other business:

• The planning commission required the owner of a newly built body shop and used car business on the West Service Road next to the Exxon station to inform them how he plans to keep the back storage area dust free.

The commission approved construction back in August 2017 with the understanding that the area would either be asphalt or concrete.

Owner Ray Nassar said the 50 by 100 foot storage area currently has a gravel surface and asked to be able to use a sealer to keep it dust free rather than have to pave it.

“I spent $30,000 on concrete in the front,” Nassar said. “It was $3,000 for gravel and will be another $16,000 for concrete.”

Cain said they have allowed cheaper chipped or milled asphalt to be used in the past, but insist the area remain dust free.

“We will let you tell us what kind of dust free surface you want back there,” Cain said. “But it can’t be gravel. We won’t consider that.”

Street Department Manager Gordon Floyd suggested to Nassar that he use a chip sealer similar to what the county uses.

“I think that would accomplish what he is after and would be cheaper than asphalt,” Fogleman said.

“Do you think you could do something like that,” Cain asked.

“Yes, sir,” Nassar said. “It will be a lot more feasible.”

• The commission approved plans for a minor subdivision for four lots at the Senter subdivision off Lattie Road.

By Mark Randall