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HomeMy WebLinkAboutMinutesPLAN COMMISSION MINUTES October 6, 2009 PRESENT: David Borsuk, Ed Bowen, Jeffrey Thorns, Thomas Fojtik, Dennis McHugh, Kent Monte, John Hinz EXCUSED: Paul Lowry, Kathleen Propp, Robert Vajgrt, Karl Nollenberger STAFF: Darryn Burich, Director of Planning Services; David Buck, Principal Planner; Jeff Nau, Associate Planner; Deborah Foland, Recording Secretary Chairperson Fojtik called the meeting to order at 4:00 pm. Roll call was taken and a quorum declared present. The minutes of September 1, 2009 were approved as presented. (Thoms /Monte) I. TWO LOT LAND DIVISION /CERTIFIED SURVEY MAP /SUBDIVISION REGULATION VARIANCE FOR 207 S. SAWYER STREET The applicant /owners are requesting a two -lot land division of an 18,549 square foot parcel to create a 10,857 and a 7,692 square foot parcels. Mr. Nau presented the item and reviewed the site, surrounding area and the proposed CSM. He stated that the proposed use is consistent with the Comprehensive Plan and that the Department of Public Works, Police and Fire Departments have reviewed this request and do not have any concerns with the land division. He further stated that Lot 2 with the existing house on it would maintain the required side yard setback, therefore the owner would require the subdivision regulation variance and a variance from the Board of Appeals to create a Single Family Residence District parcel with a width of 58 feet where the Zoning Ordinance requires lots to be a minimum of 60 feet. Mr. Bowen arrived at 4:03 pm. Mr. Hinz stated that he had no concerns with the dimensional variance for a substandard lot and questioned if the Zoning Ordinance should be adjusted to address these types of issues as it seems cumbersome for residents to have to go to several boards for approvals to allow this type of land division. Mr. Burich responded that the vast majority of lots are in compliance with the current Zoning Ordinance; however the City is reviewing the process to consider either adjusting the standard in the ordinance or requiring only one reviewing authority to approve a variance to make the process simpler to navigate. Mr. Monte inquired if utilities were present on the proposed Lot 1. Mr. Nau replied that he was not aware if utilities were present on the lot, but they were available on Sawyer Street and the developer would have to cover any costs for the necessary connections to the street. Plan Commission Minutes October 6, 2009 Stephen Schettle, W3016 County Road H, Pine River, stated that City engineering allowed sewer and water laterals to be installed on this lot in the 70's with the intention of it eventually being a buildable lot. Motion by Thoms to approve the two lot land division /certified survey map and subdivision regulation variance for 207 S. Sawyer Street as requested with the following conditions: 1) Board of Zoning Appeals approve a variance allowing the creation of a Single Family Residence District parcel, with a width of 58. 00 feet where Section 30 -17 (B) (1) (a) of the Zoning Ordinance requires lots to be a minimum of 60 feet wide. Seconded by Monte. Motion carried 7 -0. IIA. ZONE CHANGE FROM M -2 CENTRAL INDUSTRIAL DISTRICT TO C -1 NEIGHBORHOOD BUSINESS DISTRICT FOR PROPERTY LOCATED ON THE NORTH SIDE OF THE 1000 BLOCK OF WEST MURDOCK AVENUE The applicant /owners are requesting a zone change from M -2 Central Industrial District to C -1 Neighborhood Business District to allow a conditional use request for the development of an assisted living /residential care facility. Mr. Buck presented the item and reviewed the site and surrounding area as well as the land use in the area. He commented that it was previously being used for parking and enclosed storage of boats by Mercury Marine who is currently in the process of selling the property. The Comprehensive Plan recommends commercial zoning for this area, but the manufacturing zoning had been maintained from Mercury Marine's previous use of the site. The Plan Commission decided to review and vote on both the zone change and conditional use permit request as one item. IIB. CONDITIONAL USE PERMIT TO DEVELOP AN ASSISTED LIVING AND RESIDENTIAL CARE FACILITY ON PROPERTY LOCATED ON THE NORTH SIDE OF THE 1000 BLOCK OF WEST MURDOCK AVENUE The applicant is requesting a conditional use permit to develop an assisted living and residential care facility as home for frail elderly and disabled adults with associated site improvements. Mr. Buck presented the item and reviewed the site plan for the proposed CBRF. He stated that Walnut Street on the west side of the parcel is not constructed and that the proposed two buildings would be built in phases with the structure on the east side of the parcel to be completed first. The petitioner is seeking approval for both buildings at this time. He further stated that the driveway accessing Murdock Avenue would be shifted to the west so that the centerline of the driveway lines up with the centerline of Cedar Street and the sidewalk along Beech Street is extended to the north property line. Signage, landscaping, and stormwater detention plans have not yet been submitted for the development, but will be required to meet code at the time of building permit issuance. The petitioner has stated that they would make every effort to retain the old growth trees on the site and incorporate them into their landscape plans. Mr. Buck also reviewed the building elevations and building features and displayed photos of the proposed development. Plan Commission Minutes October 6, 2009 Mr. Borsuk questioned why the staff report showed the owner as Mercury Marine and the applications stated it was owned by Century Oaks, LLC. Mr. Buck replied that they were in the process of negotiating a sale of the property, but records show that the site is still in the name of Mercury Marine. Mr. Borsuk inquired if the future building on the site would look different than the first structure. Mr. Buck responded that the petitioner has indicated that the second structure may be re- designed, however the Plan Commission is reviewing the proposal for the approval of the use on the site only. He further stated that if circulation is changed on the site, the petitioner would have to come back to the Plan Commission for further approval. Mr. Thorns questioned if the driveway access on Beech Street is an acceptable distance from Murdock Avenue. Mr. Buck replied that the required distance would be 40 feet and that the driveway access exceeds that requirement. Mr. Thorns inquired if the rezoning was contingent on the sale of the property to Century Oaks and if the sale was not finalized, would the zoning be required to be changed a second time. Mr. Burich responded that C -1 was the appropriate zoning regardless of whether this development moved forward or not. Mr. Hinz questioned why there was no driveway access onto Walnut Street. Mr. Buck replied that Walnut Street was currently unimproved at this time and even if it would be constructed at a later date, three drive accesses for this use would be excessive. The property owners would be required to request the street to be constructed or vacated to initiate any action on the part of the City. Paul Moran, 2748 Holiday Court, Neenah, stated that he was present on behalf of the petitioner if anyone had any questions. Mr. Thorns commented that he was not comfortable with reviewing proposals that do not include landscaping or stormwater plans. Mr. Fojtik stated that in this case the Commission was reviewing the site for the appropriateness of the use not approving a development plan. Mr. Thorns commented that he felt that the approval of the use should involve reviewing all concepts of the plan. Mr. Burich responded that the Zoning Ordinance designates the requirements for minimum landscaping and stormwater and the development would have to meet the ordinance requirements at the time of building permit issuance so these types of requests don't typically include the landscape plan. However, if the Plan Commission wanted to require additional landscaping to mitigate some impact that would be appropriate. Plan Commission Minutes October 6, 2009 Motion by Monte to approve the zone change from M -2 Central Industrial District to C -I Neighborhood Business District and to approve the conditional use permit to develop an assisted living and residential care facility on property located on the north side of the 1000 block of West Murdock Avenue as requested with the following conditions to be applied to the CUP: 1) Driveway is shifted to the west so that the centerline of the driveway lines up with the centerline of Cedar Street. 2) Sidewalk is extended along the Beech Street frontage to the north property line. 3) If wet ponds are used, the detention basins are to be designed without rip rap above the water line and native plants to be planted on the side slopes of the basin and emergent plants on the safety shelf with final design to be approved by the Department of Community Development. Seconded by Bowen. Motion carried 7 -0. IIIA. PLANNED DEVELOPMENT REVIEW FOR THE CREATION OF TWO FOUR -UNIT MULTIPLE FAMILY CONDOMINIUM UNITS AT THE 600 BLOCK OF GROVE STREET The applicant /owner is requesting approval of a development plan for a development that includes two four -unit multiple family condominium structures located along the east side of the 600 block of Grove Street. Mr. Buck presented the item and reviewed the site, which is located in a redevelopment area, and the surrounding area and explained that the site had been vacant since the demolition of the generator /maintenance structure for the former Mercy Hospital. He further stated the Development Agreement and Master Site Plan depicted townhouses on the site. He reviewed the site plan which proposed condominiums to be constructed on Lot 1 to the north and Lot 3 to the south with Lot 2 to remain vacant for future development. The driveway accesses would be located on Grove Street for both developments with a base standard modification being requested for a 15 foot rear yard setback which is supported by staff The driveways were proposed to be two two -unit shared driveways that are 38 feet wide; however the Parking Ordinance requires that shared drives such as these provide a four foot separation between them. Staff is not supporting a base standard modification for this request. The design of the stalls onto Grove Street requires vehicles to exit the site in a backward motion which also requires a base standard modification which staff is supporting. A base standard modification is also being requested to eliminate the required pedestrian access from the building entrance to the public walk which staff is also supporting. No signage is currently being proposed at this time and landscaping and stormwater detention plans have not yet been submitted but will need to meet code requirements at the time of building permit issuance. Mr. Buck reviewed elevations and building features and discussed the concept of "flipping" the orientation of the buildings thereby placing the vehicular access and garage to the rear and focusing what is currently the back wall to the street which would be more consistent with neighborhood design and character. This design would place the access to the rear parking and garages off Parkway and Cleveland Avenues preventing the elimination of on street parking on Grove Street due to the driveways. The Plan Commission decided to review and vote on both the planned development and land division request as one item. IIIB. THREE LOT LAND DIVISION /CERTIFIED SURVEY MAP FOR 600 BLOCK GROVE STREET Plan Commission Minutes October 6, 2009 The applicant /owner is requesting a three -lot land division to facilitate development of two four -unit multiple family structures on two of the lots. Mr. Buck also presented this item and reviewed the CSM. He stated that the proposed land division meets dimensional requirements and that the Police and Fire Departments have reviewed this request and do not have any concerns with the proposed land division. Mr. Fojtik questioned if the suggestion of "flipping" the development could be added as a condition of approval. Mr. Buck responded that it could not as the development, as proposed, other than the discussed base standard modifications, is consistent with the requirements of the zoning district therefore staff is recommending approval of the development plan as proposed. Thomas Guenther, Sr., 639 Grove Street, an adjacent property owner, stated that he was objecting to having garages facing his house and was supportive of the concept of "flipping" the orientation of the buildings. Becky Fitzhenry, 651 Evans Street, stated that she likes the style of the neighborhood and the characteristics of the older homes and feels that new development should be more integrated with the style of homes currently in the area. She further stated that she felt the addition of this modern style of development would devaluate the neighborhood. Kurt Koeppler, 1726 River Mill Road, petitioner for the project, distributed photos of the proposed development with pictures displaying other sites he has developed with garages placed in the front. He stated that the current housing need was for elderly and his proposed units were zero entry handicapped accessible and that size, price and marketability were all considered when developing this site. He further stated that he has constructed many other homes of this nature in the area and all were very successful. He commented that Lot 2 is not considered as part of this development as it is an unbuildable site due to its previous use. The removal of the former foundation makes it economically unfeasible to develop in this area and the parcel will remain as greenspace. He also commented that the concept of "flipping" the orientation of the buildings was not as easy as it sounds as it would place the master bedroom on Grove Street and add an extreme amount of additional costs to the project which in this location would make it economically unfeasible. He is not willing to incur the additional expense and if the project is not approved as proposed, he will not be moving forward with it. It is an infill site and the development would serve as a buffer to the development on the hospital site. He understands the concerns of the neighbors, however the landscaping around the site will be very adequate and the site will not support an expensive home with the backyards facing a large brick building. The project will improve the area and increase the City's tax base. Mr. Fojtik commented that he could understand both sides of this issue. Mr. Monte asked Mr. Guenther how felt about the development after viewing the photos Mr. Koeppler provided. Mr. Guenther responded that he still objected to the development as proposed. Mr. Thorns asked why the garages could not be placed in the rear of the structures. Plan Commission Minutes October 6, 2009 Mr. Koeppler replied that placing the garages in the rear would increase costs extremely which was not economically feasible for retiree housing. Ms. Fitzhenry commented that she struggles with the idea that building something on this site just so it is no longer vacant is the right approach. She felt that there would be another chance to develop the area if this project does not proceed. Mr. Borsuk stated that the first set of plans for this site failed and he hesitates to turn down a successful developer who is proposing something that works on this site. Mr. Thorns stated that the proposed new homes do not fit into the existing architectural design of the neighborhood, and even though it is an infill project, he felt it should keep with the character of the area. Mr. Bowen commented that he had concerns with architectural absolutism and feels that we have to consider how architectural designs are progressing. He also had concerns with approving projects based on economic feasibility as he does not feel that is an issue to be taken into account by the Plan Commission, but it should be more of a Council decision. Mr. Monte stated that he has a hard time denying this request as the development appears to be tasteful and he felt a more modern development should not be denied just because it does not integrate well with the older style homes in the neighborhood. Mr. McHugh commented that he felt that structures cannot be developed without affecting someone such as the residents on Graceland Drive who used to have a view of the wooded area and now have a view of the Wal -Mart development currently on the site. He felt that these types of situations are inevitable. Mr. Hinz stated that residents on Brockway Avenue used to have a view of the lake until a large house was constructed in the way. He has also noticed that as homes have been demolished in that neighborhood, ranch style homes have been built in their place and he has noticed it in other areas of the city as well. Mr. Thorns commented that aesthetically it does not need to appear the way it does and it not only does not fit in the neighborhood, but it is radically different. Mr. Borsuk stated that he felt the Plan Commission should hold a workshop in the future on topics such as if economic feasibility should be a factor to be considered when reviewing projects and also if standards should be set for infill projects. He felt that we have to be realistic about what works and what is doable in a development area. Mr. McHugh commented that we have listened to a lot of stories about preserving architectural values in past requests. Mr. Bowen commented that he felt an architectural design standards review board would be beneficial in this circumstance and the City should consider creating one. Mr. Monte questioned if the units on Cleveland Avenue and Oak Street were an example of what "flipping" the orientation of the buildings would look like. Mr. Buck responded affirmatively. Plan Commission Minutes October 6, 2009 Motion by Borsuk to approve the planned development review for the creation of two four -unit multiple family condominium units and the three lot land division /certified survey map at the 600 block of Grove Street as requested with the following conditions to be applied to the PD: 1) Base standard modification to allow IS foot rear yard setbacks on the interior lot lines of the two separate parcels. 2) Base standard modification to allow vehicle egress from the site in a backward motion. 3) Base standard modification to eliminate the required pedestrian access from the building entrances to the public walk. Seconded by Monte. Motion denied 3 -4. Ayes- Borsuk/Monte /Hinz. Nays- Bowen /Thoms /Fojtik/ McHugh. IVA. OFFICIALLY MAP RIVERWALK -SOUTH SIDE OF FOX RIVER FROM OREGON STREET TO VACATED IOWA STREET City administration is requesting to officially map land from Oregon Street to vacated Iowa Street for future riverwalk purposes. Plan Commission members decided to review and vote on both official mapping items as one item. IVB. OFFICIALLY MAP W. FOURTH AVENUE (IOWA STREET TO LEWIS STREET) IOWA STREET (W. FOURTH AVENUE TO W. FIFTH AVENUE) City administration is requesting to officially map public right -of -way for W. Fourth Avenue from vacated Iowa Street to Lewis Street and Iowa Street from vacated W. Fourth Avenue to W. Fifth Avenue. Mr. Nau presented the items and reviewed the riverwalk mapping area and extensions of W. Fourth Avenue and Iowa Street. He also reviewed the site and surrounding area and covered the background of the riverwalk plans including the mapped area on the east side of Oregon Street which was previously officially mapped. He reviewed the Riverwalk Master Plan and stated that the official mapping ensures that no development or inappropriate improvements take place that would interfere with the future riverwalk development. Mr. Nau also stated that the City had previously vacated W. Fourth Avenue and Iowa Street and reviewed the area to be mapped. He further stated that the rededication of these streets will provide for better access to properties such as the Jeld -Wen site and the Boat Works site which would be beneficial for redevelopment purposes. Mr. Borsuk questioned if the property owner was contacted and if this action would affect how the current owner, Jeld -Wen, will sell the property. Mr. Burich responded that Jeld -Wen was notified of the official mapping action and it would make anyone who is considering purchasing the property aware that the City has plans for the riverwalk in this area. Mr. Bowen inquired if this action would move forward the plans to eventually complete the riverwalk project. Plan Commission Minutes October 6, 2009 Mr. Burich replied that it protects the area from any development or inappropriate improvements that would interfere with the City's plans until such time that the riverwalk is constructed. Mr. Thorns asked if the official mapping would prevent someone interested in purchasing the land from developing in that area. Mr. Burich responded that it reserves the officially mapped area only and the City could vacate the area at a later date if necessary. Motion by Borsuk to approve the official mapping of the riverwalk on the south side of the Fox River from Oregon Street to vacated Iowa Street and the official mapping of W. Fourth Avenue (Iowa Street to Lewis Street) and Iowa Street (W. Fourth Avenue to W. Fifth Avenue) as requested. Seconded by Monte. Motion carried 7 -0. IVC. ZONE CHANGE IN SOUTH SHORE REDEVELOPMENT AREA, NORTH OF W. FOURTH SIXTH AVENUES TO THE FOX RIVER, FROM OREGON STREET TO WEST OF MICHIGAN STREET City administration is requesting a zone change from M -2 Central Industrial and R -2 Two Family Residence Districts to C -3PD Central Commercial District with a Planned Development Overlay. Mr. Burich presented the item and reviewed the area to be rezoned and the current land uses in said area. He stated that the rezoning of this area from manufacturing use to commercial use was consistent with the Comprehensive Plan and the South Shore Redevelopment Plan. If Jeld -Wen does not re- initiate light industrial use within 12 months, the area will become a commercial district. If any significant expansion of the manufacturing use was requested, the item would be required to come before the Plan Commission for review, however the long -term plans for the City is not manufacturing use in this area. This action will also make the homes on W. Sixth Avenue a conforming use. Mr. Thorns questioned why the City was moving forward with this action at this time. Mr. Burich replied that timing was right for the rezoning as Jeld -Wen has ceased operations on the site and is looking to market the property for sale. Mr. Bowen inquired how this rezoning would impact the homes located on W. Sixth Avenue. Mr. Burich responded that residential uses are permitted in the C -3 district which would benefit the homeowners as it would make their properties a conforming use in this district. Motion by McHugh to approve the zone change in the south shore redevelopment area, north of W. Fourth Sixth Avenues to the Fox River, from Oregon Street to west ofMichigan Street. Seconded by Borsuk. Motion carried 7 -0. V. PRESENTATION ON CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) FOR PROGRAM YEAR 2008 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM EXPENDITURES Mr. Buck presented the Consolidated Annual Performance and Evaluation Report for the period of Plan Commission Minutes October 6, 2009 May 1, 2008 through April 30, 2009 summarizing accomplishments and detailing how funds received from HUD were expended. Funding is received annually from HUD based on census data and is required to be utilized on programs benefiting low to moderate income objectives such as housing, economic development, public services /facilities, acquisition and demolition, and planning /administration. Available funding for 2008 was $1,812,073 with expenditures totaling $821,848 with a percentage of 92% of current funding expensed to benefit low and moderate income. Mr. Buck displayed photos of some of the projects these funds were utilized to support such as housing rehabilitation projects and demolition of blighted properties in the Near East Neighborhood. He also summarized the amounts granted to local public service sub recipients and total planning and administration expenditures. Mr. Buck stated that the full CAPER report has been prepared and will be submitted to HUD who will perform a comprehensive review of the program activity. A copy of this report is available in the Planning office or online for anyone who wishes to review it. Mr. McHugh questioned how it is determined the amount each public service agency receives. Mr. Buck responded that an amount is estimated for each agency based on what the City anticipates receiving, and it is adjusted accordingly when HUD releases the figures of funds actually granted. OTHER BUSINESS Mr. Borsuk commented that he felt it would be beneficial to hold a workshop to discuss the details of what should be considered when reviewing items that come before the Plan Commission. Mr. Thorns agreed. Mr. Burich replied that since the Plan Commission has experienced substantial turnover in members within the past year, it would probably be beneficial to the new commissioners to have a general workshop to discuss what the Plan Commission's role is regarding the approval of requests and what aspects should be considered when reviewing these items. There being no further business, the meeting adjourned at approximately 5:55 pm. (MonteBorsuk) Respectfully submitted, Darryn Burich Director of Planning Services Plan Commission Minutes October 6, 2009