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HomeMy WebLinkAboutMinutesPLAN COMMISSION MINUTES June 2, 2020 PRESENT: Mamadou Coulibaly, Margy Davey, Michael Ford, Derek Groth, John Hinz, Phil Marshall, Justin Mitchell, Thomas Perry, Kathleen Propp, Jay Stengel EXCUSED: John Kiefer STAFF: Mark Lyons, Planning Services Manager; Kelly Nieforth, Economic Development Services Manager; Justin Gierach, Engineering Division Manager / City Engineer; Brian Slusarek, Planner; Jeff Nau, Associate Planner; Steven Wiley, Associate Planner Mr. Lyons called the meeting to order at 4:00 pm. He introduced Mr. Stengel and Mr. Marshall the two new Plan Commission members. Mr. Stengel and Mr. Marshall gave a brief summary of their background and experience. Roll call was taken and a quorum declared present. I. ELECTION OF OFFICERS Mr. Lyons explained the Plan Commission needs to vote for officers. He stated that a Chairperson for the Commission needs to be elected. He called for nominations. Mr. Ford nominated Mr. Hinz for Chair. Mr. Lyons called for other nominations. Ms. Davey nominated Ms. Propp for Chair. Mr. Lyons made a final call for other nominations. No commissioners made other nominations. Roll call vote was taken, 4-4-2. (Votes for Mr. Hinz: Ford, Grath, Hinz, Stengel. Votes for Ms. Propp: Coulibaly, Davey, Mitchell, Perry. Present: Propp, Marshall.) Mr. Lyons called again for other nominations. Roll call vote zvas taken again, 4-5-2. (Votes for Mr. Hinz: Ford, Groth, Hinz, Stengel. Votes for Ms. Propp: Coulibaly, Davey, Mitchell, Perry, Marshall. Present: Propp.) Declaration of Ms. Propp as Chair. Ms. Propp called for nominations for Vice -Chair. Plan Commission Minutes 1 June 2, 2020 Mr. Mitchell nominated Mr. Hinz for Vice -Chair. Ms. Propp called for other nominations. No commissioners made other nominations. Ms. Propp made a final call for other nominations. No commissioners made other nominations. Plan Commission members unanimously approved Mr. Hinz as Vice -Chair, 10-0. Declaration of Mr. Hinz as Vice -Chair. The minutes of May 19, 2020 were approved as presented. (Hinz/Ford) CONSENT AGENDA Mr. Lyons explained the easement requests are from the Department of Public Works which are related to the CIP for the 2020 construction season. II.A. ACCEPT STREET, SIDEWALK & ELECTRIC EASEMENT AT THE SOUTHWEST CORNER OF E. SNELL ROAD & MOSER STREET II.B. ACCEPT STORM SEWER EASEMENT AT 101 W. SNELL ROAD II.C. ACCEPT STREET, SIDEWALK AND ELECTRIC EASEMENT AT 567 EAST SNELL ROAD II.D. ACCEPT STREET, SIDEWALK, ELECTRIC EASEMENT AT 3675 NORTH MAIN STREET II.E. ACCEPT SIDEWALK EASEMENT AT 3700 JACKSON STREET II.F. ACCEPT SIDEWALK EASEMENT AT 3701 SUMMERSET WAY II.G. ACCEPT STREET, SIDEWALK, ELECTRIC EASEMENT AT 3680 N. MAIN STREET II.H. ACCEPT SIDEWALK EASEMENT AT 2772 OREGON STREET Motion by Perry to adopt the consent agenda. Plan Commission Minutes 2 June 2, 2020 Seconded by Hinz. Ms. Propp asked if there was any discussion on the motion. There was no discussion on the motion. Motion carried 9-0. III. EXTRATERRITORIAL FINAL PLAT — ORMAND BEACH HEIGHTS FIRST ADDITION IN THE TOWN OF OMRO Site Inspections Report: No commissioners reported visiting the site. Staff report accepted as part of the record. The applicant is requesting approval of a final plat containing 21 single family lots and right-of- way identified as Ormand Beach Heights First Addition. Mr. Nau presented the item and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. The owner is proposing to subdivide this area consistent with the previous preliminary plat approved by the City in 2009. All lots meet or exceed minimum lot requirements for the County's R-2 District and all lots front on a public street. One outlot is shown on the plat which will be used for storm water management. The proposed 66-foot wide street right-of-way dedication will extend Lakeland Drive south through the middle of the plat and link with Roeder Court to complete a looped roadway. The City's Comprehensive Land Use Plan 2040 identifies this area as appropriate for low density residential development and approval of this plat is consistent with the plan's recommendation. The Department of Public Works has reviewed the final plat and does not have any concerns with the general parcel configuration or street layout. He said staff recommends approval of the extraterritorial final plat for the Ormand Beach Heights First Addition Subdivision as proposed. Ms. Propp opened technical questions to staff. Mr. Ford inquired about what would happen if Plan Commission denied the request due to it being out of the city. Mr. Lyons explained Plan Commission has limited authority on extraterritorial requests. He said he believes the applicant already has town approval. He said the County will act on the request after the City does. He commented this is at the very edge of the city's 3 miles extraterritorial limit. Mr. Mitchell asked what actions the city takes to incorporate affordable housing in extraterritorial areas. Plan Commission Minutes June 2, 2020 Mr. Lyons replied the city would not have that type of authority as it is not within the city's limits. He said that would be a town and county level issue. He explained the city has platting extraterritorial authority to ensure plats meet platting requirements. Mr. Mitchell stated that is very disappointing because it seems to go against the fair housing goals. Ms. Propp asked if there were any public comments and asked if the applicant wanted to make any statements. There were no statements from the applicant. Ms. Propp closed public comments and asked if the applicant wanted to make any closing statements. There were no closing statements from the applicant. Motion by Ford to adopt the findings and recommendation as stated in the staff report. Seconded by Davey. Ms. Propp asked if there was any discussion on the motion. There was no discussion on the motion. Motion carried 9-0. IV. PUBLIC HEARING: ZONE CHANGE FROM INSTITUTIONAL WITH A UNIVERSITY TRANSITION OVERLAY (1-UTO) TO URBAN MIXED -USE WITH A UNIVERSITY TRANSITION OVERLAY (UMU-UTO) FOR PROPERTY LOCATED AT 471 HIGH AVENUE Site Inspections Report: Ms. Davey and Ms. Propp reported visiting the site. Staff report accepted as part of the record. The applicant requests a zone change from the existing Institutional with University Transition Overlay (I-UTO) District to Urban Mixed -Use with University Transition Overlay (UMU-UTO) District for property located at 471 High Avenue. Mr. Nau presented the item and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. The applicant's proposal to renovate the student housing to market rate apartments is in conflict with the underlying zone district. The existing Institutional zoning district prohibits multifamily residential uses which prompted this zone change request. Staff analyzed the surrounding zoning districts and considered two options; recommend a rezone Plan Commission Minutes June 2, 2020 to Urban Mixed -Use (UMU), similar to the apartments to the south and across High Avenue or Multi -Family Residential-36 (MR-36) like across Dawes Street to the west. Both options allow multi -family uses by -right, however, staff determined the UMU District was more appropriate as the entire frontage along Dawes Street would have consistent zoning. The University Transition Overlay (UTO) will carry over with the rezone to Urban Mixed -Use. The UTO Overlay allows slightly higher per -unit residential densities near the UW Oshkosh campus. Staff is supportive of this zone change request. It will enable the reuse of a well -maintained building that is currently underutilized. The proposed renovation will also provide another housing option for people seeking to live closer to the downtown or slighter further from campus. He said staff recommends approval of the zone change from Institutional with University Transition Overlay (1-UTO) District to Urban Mixed -Use with University Transition Overlay (UMU-UTO) District for property located at 471 High Avenue with a condition as stated in the staff report. Ms. Propp opened technical questions to staff. Mr. Ford asked if this property was located in the Downtown Parking Overlay District. Mr. Lyons confirmed it was. Mr. Nau pulled up the Certified Survey Map on the screen. He explained the parking lot will remain on the churche's property but there is an easement in place which will allow the residents to park in that area. Mr. Lyons added the Downtown Parking Overlay did not exempt residential uses. He said evidence of parking still needs to be shown within 1,000 feet. Mr. Mitchell asked if this was the type of request where the city negotiates with the applicant on certain requirements. Mr. Lyons explained this is a straight zone change and the city would not have a tradeoff as typically seen with Planned Developments. Mr. Mitchell asked if this would be a good time to inspect the property to make sure it is up to code and safe. Mr. Nau said he believes this is a change of use and it would have to go through Inspections. Mr. Lyons said a change of use will have to be applied for through Inspections but he is not sure if there are going to be any physical changes to the building. Mr. Ford asked if Inspections will be walking through the building. Mr. Lyons said he does not know what the specific requirements are from the Inspections Division. Plan Commission Minutes June 2, 2020 Ms. Propp opened up the public hearing and asked if the applicant wanted to make any statements. Greg Kost (applicant), 21500 W. Greenfield Avenue of New Berlin, said he is with AcOuest Property Group. He said he is available to answer any questions. Mr. Lyons asked if there would be any interior changes to the building. Mr. Kost replied there are no changes planned. Ms. Propp asked if the interior was going to be divided into the apartments. Mr. Kost replied the building is already divided. He explained the use is not really changing. He said given the area it would still be student housing but they do not exclude nonstudent residents. He explained the building was formerly used by the Parish as housing for families. He reiterated there will be no interiors changes. He said there was a question earlier related to inspections. He explained there is a usual inspection from Fire Department as well as an annual inspection from the private sector. He said the report from the private sector inspection gets submitted to the Fire Department but he was not sure what other inspections the city requires. Mr. Perry stated the city is grossly deficient in low income and handicap accessible housing. He said it is a concern to him because this issue has not been addressed. He suggested requiring a certain percentage of multi -family units to be low income or handicap accessible. He said this will not happen unless the city forces it to happen. Mr. Mitchell referenced the addendums to Fair Housing and said accessibility needs are the greatest barrier in the city. He said the CDBG program has funds to help offset the cost of creating accessible units which would help alleviate some of the financial burden on the owner. Ms. Propp asked Mr. Kost if there were any accommodations for disability in these units. Mr. Kost explained the building was renovated in the early 1990's and was not sure what standards were in place for accommodations. Ms. Davey asked if Mr. Kost has been in the building. Mr. Kost replied he has been in the building. Mr. Coulibaly asked if there would be sufficient parking on a Sunday. Mr. Kost explained four parking spots are reserved for the residents. He said the rest of the parking lot is reserved for staff and maintenance personnel of the Parish. He said they are working on an easement with the Parish. He explained most visitor parking takes place on the eastern end where the main building is located. Plan Commission Minutes June 2, 2020 There were no other public comments on this item. Ms. Propp closed the public hearing and asked if the applicant wanted to make any closing statements. There were no closing statements from the applicant. Motion by Hinz to adopt the findings and reconnnnendation as stated in the staff report. Condition: The Board of Zoning Appeals approval of the reduced setback request resulting from the proposed land division/Certified Survey Map. Seconded by Coulibaly. Ms. Propp asked if there was any discussion on the motion. Mr. Perry asked if this was the last time this item will come before this board. Mr. Lyons confirmed it would be and said it was a straight zone change. Ms. Propp stated she understands the concern for low income and handicap accessible units but said Plan Commission can't force applicants to do this. She said she is not sure if there is a way Plan Commission can force this. Mr. Lyons explained staff has done some research and it would have to be a Council decision to make that type of change. He said it would be out of the Plan Commission purview because it is outside of the land use scope. Mr. Ford said he would bring up this concern at the next Council meeting. Mr. Mitchell asked if Plan Commission would be involved in the safety aspect of the building. Mr. Lyons answered it would not be something Plan Commission from a land use standpoint be involved in. He said the Inspections Division and the Fire Department would be involved. Mr. Mitchell asked if that information was relevant to making an informed decision on this item. Mr. Lyons explained if there are deficiencies, the applicant would be required to correct them prior to occupancy being allowed. Mr. Mitchell inquired if this change requires the applicant to not have occupancy for a period of time. Plan Commission Minutes June 2, 2020 Mr. Lyons said the applicant will have to work with the Inspections Division on applying for an occupancy permit. Ms. Davey asked for confirmation that the Inspections Division will inspect the building because of the change of use. Mr. Lyons replied the applicant will have to file for a change of use through the Inspections Division but he was not sure what the exact process is for inspection afterwards. Ms. Davey said she assumes this is an area where they are doing the mandatory inspections every five years. Mr. Lyons said he was not sure if this was on the rental registry or not but that program is city wide. Mr. Hinz asked if this falls within the University Overlay District. Mr. Lyons confirmed it was within the University Transition Overlay District. Mr. Hinz commended the owner on addressing the housing problems around the University. He said this will provide some good housing for students. He said this was a religious building and now it will come onto the tax roll because it is privately owned. He stated it is a win -win as far as what Plan Commission looks for in this particular area. Motion carried 9-0. PLANNING DIRECTOR'S REPORT Vacant Extraterritorial Zoning Committee Seat Mr. Lyons explained with some of the changes on the Plan Commission, there is one open seat on the Extraterritorial Committee (EZC). He gave a brief overview of the EZC, when the board meets and explained the EZC is made up of Plan Commission members and Town of Algoma members. He asked if any Plan Commission members were interested in the open seat. Ms. Davey and Mr. Stengel said they would be interested in the open seat. He said he would forward this information to the Mayor. There being no further business, the meeting adjourned at approximately 4:43 pm. (Hinz/Ford) Respectfully submitted, Mark Lyons Plan Commission Minutes June 2, 2020 Planning Services Manager Plan Commission Minutes 9 June 2, 2020