Marion looks to pause development in growth areas

MARION — Most new development in Marion’s growing commercial districts would be temporarily restricted for a year under a proposed moratorium advanced by the Marion City Council.

In considering a pause until Oct. 5, 2024, to temporarily restrict certain commercial uses along stretches of Tower Terrace Road, Highway 13 and Uptown Marion, the city is looking to assess and plan for the impacts of commercial development in these areas.

This pause would take effect as the city is refreshing its comprehensive plan, a long-term guide for physical improvement and development. It was last updated in 2010.

The moratorium is slated to automatically expire, unless extended by a vote of the seven-member council. The council unanimously supported the pause Thursday in its first of three required ordinance considerations.

“This pause in commercial activities aims to strike a balance between economic progress and safeguarding the well-being of neighborhoods and the environment, ultimately promoting responsible and sustainable development practices,” City Manager Ryan Waller said in a weekly memo to the community.

This does not apply to operational businesses or those that have already applied for a building permit to expand. If an existing business were to pursue a new expansion project in the next year, that would be subject to the moratorium, unless the council signs off on an amendment. Similarly, if new development prospects emerge during this pause, the council could amend the ordinance to allow for it.

Under the moratorium, restrictions would apply for the following uses in certain areas:

No building permits would be issued for those uses for certain properties with business, manufacturing or commercial zonings in these areas:

Marion development moratorium

New development of select commercial uses is restricted along parts of Tower Terrace Road, Highway 13 and Uptown Marion until Oct. 5, 2024.

Click or press on the map below to view a full-size version in a separate tab

Source: City of Marion

For property around Tower Terrace Road zoned BL-Business Local, the city would not issue building permits for deep discount retail stores or temporary outdoor sales.

Overall, the moratorium affects 361 properties in these areas.

The council approved a professional service agreement with RDG Planning and Design for the plan update for no more than $131,000. Work will begin this month and is slated to wrap up in March 2025, according to council documents.

Mike Bates, owner of Marion Guns and Gold, expressed concerns to the council about being able to repair his business should a disaster or other unexpected event occur.

“We also strive to be a quality business in the city of Marion that offers all types of individuals the opportunity for a helping hand when the unexpected bill comes due, their car breaks down or just down on their luck,” Bates said. “This economy is taking a toll on a lot of people.”

Mike Morak, who owns a storage business called Morak Properties next to Walmart, said he bought the highest zoned property he could find in Marion and has a site plan showing his intention to expand. He said he wants the ability to do what he intended.

City staff said his site plan does not show the exact location of the future building he plans to build, so his expansion plan would be affected by the moratorium as written.

“I don’t know why you’re putting all these stipulations on my property,” Morak said.

Several council members said they did not want the moratorium to have unintended negative consequences on existing businesses. They amended it to clarify that nothing in the ordinance is intended to create a legal non-conforming use from any currently existing use — protecting existing businesses by enabling them to rebuild after a natural disaster or an accident.

Council member Sara Mentzer said that because Marion is growing, there are areas where residential uses are starting to conflict with business uses. The comprehensive plan would address “how do we all grow harmoniously together and do the best for the community,” she said.

Council member Will Brandt said he had some reservations about restricting some uses such as neighborhood grocery — a grocery store under 10,000 square feet. He also said he feared losing prospects to a neighboring community that has no moratorium.

But Mayor Nick AbouAssaly said this pause is not a final determination as to what types of businesses should go where in the city. It’ll temporarily pause new projects that can’t be undone once they’re in place.

“The idea is that we get one chance to do this right,” AbouAssaly said.

Comments: (319) 398-8494; marissa.payne@thegazette.com