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HomeMy WebLinkAboutMinutes PLAN COMMISSION MINUTES OCTOBER 17, 2000 PRESENT: Lurton Blassingame, Steven Gehling, Donald Pressley, John Ruppenthal, James Smith, and David Borsuk, Chairman EXCUSED: Lee Bettes, Melanie Bloechl, Donald Krueger, and Achim Reschenberg STAFF: Jackson Kinney, Director of Community Development, John Bluemke, Principal Planner and Vickie Rand, Recording Secretary The meeting was called to order by Chairman Borsuk. Roll call was taken and a quorum declared present. The minutes of the October 3, 2000 Plan Commission meeting were approved as mailed. Blassingame/Gehling. Unanimous. I: CONDITIONAL USE PERMIT/DEVELOPMENT PLAN REVIEWMURDOCK AVE & N. MAIN Shopko Stores, Inc., petitioner, for JONDEX Corporation, owner, request the Plan Commission to review and approve a conditional use permit/development plan for property located on the northwest corner of the intersection of Murdock Avenue and N. Main Street. The land use pattern in the area is a mixture of commercial and residential uses, and the subject site is zoned C-2PD General Commercial District with a Planned Development Overlay. Roger Suda, 2215 Walnut Street, Representative for Fair Acres Shopping Mall, questioned if this layout allowed for the City bus to travel through the parking lot and use North Main Street as an exit. He also suggested another bus depot be constructed in the area to serve its customers. He stated he would also like to see all adjacent roads continue into the parking lot. David Hodge, 1027 Wright Street, stated he was a regular customer of Pick ‘N Save and it was very difficult and dangerous to make a right turn onto Murdock Avenue because of the heavy traffic. Gene Colwitz, Shopko Representative, thanked the Community Development staff for their help and stated this was a very preliminary plan and many adjustments are still being made. Mr. Ruppenthal questioned if there would be access to the store from both Murdock Avenue and N. Main Street. Mr. Colwitz stated the access points were still being worked out. He noted the detention pond may need to be moved, more land may need to be acquired, and the access points may need to be revised. Mr. Ruppenthal questioned the size of the outlots. Mr. Colwitz stated the outlots were quite small and didn’t know if they could even be utilized. Plan Commission Minutes Page 2 October 17, 2000 Chairman Borsuk asked Mr. Colwitz if he was aware of the City Bus Stop. Mr. Colwitz stated he wasn’t aware of the City Bus Stop. Mr. Kinney stated they would work with the City Transit Department to develop a route that will be adequate for the City Bus. Discussion continued on the current path the bus takes through the parking lot, the preferred route for when the new Shopko store would be constructed, the drive being wide enough to accommodate the busses, and the suggestion of a 4 lane road being developed from Burdick Street into the parking lot. Mr. Suda, stated it would be best for the Community Development Department to speak with the Wisconsin Regional Mall Manager. Chairman Borsuk asked Mr. Suda to have him call the City staff. Mr. Ruppenthal asked what modifications would be made for the wall facing N. Main Street. Mr. Bluemke stated the City would like Shopko to present more of a store front on N. Main Street by breaking up the wall with architectural features and landscaping. Mr. Kinney stated they were looking for a neighborhood friendly design to have the store appear open and accessible. Mr. Smith questioned why the City didn’t want the streets off of Murdock to line up with the entrance to the store. He stated Burdick was the center point between Main St. and Jackson St. and installing a traffic light at that point may help siphon traffic off of Murdock. Mr. Bluemke stated that Mr. Huddleston, City Transit Director, recommended that no streets should line up with entrances to the store because of the number of accidents that have occurred from traffic trying to cut across Murdock Avenue to enter the shopping center from Kentucky Street. Mr. Kinney stated they would continue to work with the City Transit Department to work out the best possible entryways for the shopping center. Motion by Ruppenthal for approval of the Conditional Use Permit/Development Plan for the property located on the northwest corner of the intersection of Murdock Avenue and N. Main Street with the following conditions: 1)Only one driveway from the site to Murdock Avenue be allowed, and the driveway be offset so as not to line up with any street intersecting Murdock Avenue from the south. 2)A landscape plan be developed and submitted to and approved by the Department of Community Development prior to the issuance of a building permit. 3)A drawing of the east elevation be submitted to and approved by the Department of Community Development prior to the issuance of a building permit with the drawing incorporating design elements that provide a storefront type appearance from N. Main Street. 4)The two ground signs meet the applicable Ordinance standards for setbacks and height, and no additional ground signs be allowed. 5)A cross access and parking agreement be developed and approved by the City Attorney, and recorded with the County Register of Deeds. 6)A plan for the layout of the garden center be submitted to and approved by the Department of Community Development, which plan will provide for the screening of materials that will be stored in the garden center area. Seconded by Smith. Motion carried 6-0. Plan Commission Minutes Page 3 October 17, 2000 II: DOWNZONING – PARK RIDGE AVENUE Common Council member Melanie Bloechl requests the Plan Commission to review and recommends approval of the downzoning of the properties along Park Ridge Avenue from R-2 Two Family Residence District to R-1 Single Family Residence District. Bill Behlman, 1091 Park Ridge Avenue, stated he had initiated the downzoning and the neighborhood was in favor of the change to ensure the proper buffer zone between the proposed R-1 Single Family Residence District and the M-3, General Industrial District. He stated the neighborhood feared the current cornfield between the current R-2 and M-3 Districts would be annexed to the City as an R-3 District, and they preferred that would come in as an R-1 District. Mr. Bluemke explained that the property where the current cornfield exists is already annexed into the City as an M-3, General Industrial District. Discussion continued regarding the zoning in the area with the R-2 zoning designation for the property to the southeast of Park Ridge to remain as is. Motion by Blassingame for approval of the downzoning of the properties along Park Ridge Avenue from R-2 Two Family Residence District to R-1 Single Family Residence District. Seconded by Mr. Smith. Motion carried 6-0. III: DOWNZONING – ALGOMA BOULEVARD AND SHERIDAN STREET NEIGHBORHOOD City Council member Mark Harris requests the Plan Commission to review and recommends approval of the downzoning of properties from R-2 Two Family Residence District and R-3 Multiple Dwelling District to R-1C Single Family Central Residence District. Attorney Gary Yakes, Representing Nicolet Investments and Pine Investments, stated he wants to ensure that his clients who have 2 duplexes and 1 triplex on Algoma Boulevard can rebuild with a Conditional Use Permit and not be limited to single family dwellings, even though they are currently non- conforming uses. Discussion followed regarding the structures on each property and a grandfathering clause that might apply. Mr. Bluemke stated the uses would not change with the zoning change. Attorney Yakes asked if obtaining Conditional Use Permits would be necessary. Mr. Kinney stated it wouldn’t be necessary to obtain a Conditional Use Permit as long as they are within the accepted percent of non-conforming uses, however any new non-conforming uses would be affected. Cecile Timmerman, 1833 Hollister Avenue, stated he had the only duplex on Hollister Street and questioned whether his dwelling as well as the lot would be grandfathered in the zoning district so that he would be able to rebuild if it was destroyed. Mr. Bluemke stated if the lot is currently non- conforming he could rebuild, however he may need to get a variance or go through the Conditional Use Permit process, but the use would still be allowed. Mr. Timmerman asked if someone could convert a 5- bedroom single family home into a multiple dwelling. Mr. Bluemke stated they cound not do it in the current R-2 & would not be able to convert to a multiple dwelling in the R-1C. Plan Commission Minutes Page 4 October 17, 2000 Kevin McGee, 1244 Wisconsin Street, stated he has heard from many residents who are concerned about the widening of Algoma Boulevard, and the conversion of single family homes to duplexes, and stated the neighborhood is in support of the downzoning. Roger Pergande, 1803 Hollister Avenue, stated he lived on the corner of Clarks Court and Hollister, and didn’t see a problem with the R-2 District and was opposed to the zoning change. Mr. Kinney asked Mr. Pergande if he owned a single family home, or if his neighbors had plans to convert their homes into duplexes. Mr. Pergande stated he owned a single family home and couldn’t see that his neighbors would have the ability to convert their properties. Mr. Kinney explained the proposal was for a single family district. Mr. Smith asked why the R-3 District south of Bent Street was included in the downzoning. Mr. Bluemke stated it was included to eliminate spot zoning in the area. Motion by Pressley for approval of the downzoning from R-2 Two Family Residence District and R-3 Multiple Dwelling District for properties in the Algoma Boulevard and Sheridan Street neighborhoods to R-1C Single Family Central Residence District, and to rezone the properties on River Mill Road which have split zoning of R-1 Single Family Residence District and R-2 Two Family Residence District to R-1 Single Family Residence District. Seconded by Gehling. Motion carried 6-0. IV: DOWNZONING – IRVING-SCOTT AVENUE NEIGHBORHOOD Petitions were submitted by residents to the City Clerk on August 8, 2000 which asked that areas bounded by Wisconsin Street on the west, Irving Avenue on the south, Division Street on the east, and Scott Avenue on the north, and an area bounded by Scott Avenue on the south, Wisconsin Street on the west, New York Avenue on the north, and generally Jackson Street on the east, be rezoned from R-5 Multiple Dwelling District, and C-1 Neighborhood Business District to R-2 Two Family Residence District. All but one lot of the total area is zoned R-5. The lot zoned C-1 is located on the west side of Jackson Street between Scott and Irving Avenues. Jim Wilkins, 722 Central Street, stated he is opposed to the downzoning. Mr. Ruppenthal stated if the zoning goes to R-2PD it would basically stay the same. Attorney Joe Bauer, 141 N. Sawyer Street, Representative for Dr.’s David and Dawn Olsen on the corner of Jackson and Irving, questioned if a variance would still be in effect that had been granted to them to build a commercial building and expand their parking lot years ago. He stated they also own the adjacent property to the east and are opposing the R-2 zoning change. He stated his clients are concerned whether their variance will still apply, as the property was considered legal non-conforming when it was purchased. Attorney Bauer stated the house they own to the east has the potential to be used for expansion of their business, and they are concerned they wouldn’t be allowed to operate their business at that location. Attorney Bauer stated they rely upon that location to earn a living and don’t want to relocate, therefore they strongly oppose the rezoning. Plan Commission Minutes Page 5 October 17, 2000 David Hodge, 1027 Wright Street, stated he was in favor of the rezoning. He stated he moved to his current location in 1967 and he has seen the neighborhood change to a more multi-use neighborhood, and wished this had addressed years ago. He stated recently two new neighbors have moved into the area and plan to live there instead of using it as rental property. He stated he would like owner occupancy encouraged more in the neighborhood. He also stated that 1023 Wright Street was not a single family use. Neil Goeltz, 427 W. Irving Street, stated he strongly supported the rezoning. He stated he is starting to see some redemption in the area from younger homeowners, and stated it was good for the neighborhood and for the tax base. Paula Abraham, 844 Wisconsin Street, stated she was in support of the downzoning. She stated more than a two family dwelling would make the neighborhood more noisy with a possibility of more parties, and could restrict parking in the neighborhood, especially since there is only parking allowed on one side of the street. Mr. Percy, 833 Wright Street, stated he was also in favor of the downzoning for the same reasons as Ms. Abraham has. He also noted an eight unit apartment complex had recently been constructed behind him with an elevation about 8” higher than his property, which has resulted in water problems for him. Chairman Borsuk suggested he talk with the City of Oshkosh staff regarding water issues. Kevin McGee, 1244 Wisconsin Street, stated he was involved in initiating the downzoning because property owners want more security in their investment and further construction of multi-housing units are not welcome in the neighborhood. He questioned why anyone would want to invest in their property when they weren’t guaranteed any security. Mr. McGee also stated the City is making an effort to improve and stabilize older neighborhoods, and noted a meeting was taking place on Thursday to review the Neighborhood Initiatives Plan, and this downzoning should be looked at in the same manner. Mr. Hodges stated that older homes will last with the right ownership given the incentive to make improvements and repairs. Mike Miller, 511 W. Lincoln, stated he opposes the downzoning. He stated he owns a 3-unit dwelling and doesn’t want to become non-conforming. He also felt that type of housing was needed in that area. Mr. Ruppenthal asked Mr. Bluemke if he could explain the Planned Development Overlay further and what was considered to be non-conforming, and how this downzoning would affect Dr. David & Dawn Olsen. Mr. Bluemke explained the effect the staff’s recommendation would have on existing legal conforming, commercial, multiple family uses, any new multiple family structures or existing multiple family structures, and new one or two family structures, or proposed additions, garages, and other accessory structures including fences. Mr. Bluemke stated Dr. Olsen would be able to combine the lots and expand the parking lot through the conditional use permit process to expand their business. Mr. Smith stated he didn’t oppose the downzoning, but he didn’t feel there was enough public support with only 22 percent of the owners signatures on the petition submitted, therefore he was going to vote against the downzoning. Plan Commission Minutes Page 6 October 17, 2000 Mr. Blassingame asked what effect the changes would have on the area and also how it would effect the number of rental properties in the area. Mr. Bluemke stated the downzoning would stabilize the neighborhood by encouraging owner occupancy, and eliminate the chances of having new large multi- family apartment complexes locate in the area. Discussion continued regarding the Planned Development Overlay proposed for the area, the historic district, owner occupied housing versus rental units, and the ability to rebuild in the case of a catastrophe. Mr. Ruppenthal stated he didn’t agree with the R-2 downzoning alone, but he recognized how having a Planned Development Overlay applied to the R-2 district would give the home owners more security and limit the number of multiple dwellings in the area. Mr. Pressley stated he supports the staff’s point of view and believes this action will encourage owner occupancy. The boundaries for the downzoning were discussed further and Mr. Bluemke noted how the Planned Development process would control multiple family housing. Mr. Blassingame stated that many people need to rent and they shouldn’t be limited to only certain areas. Motion by Ruppenthal to approve the downzoning of properties from R-5 Multiple Dwelling District, C-1 Neighborhood Business District, and C-3 Central Commercial District to R-2PD Two Family Residence District with a Planned Development Overlay as amended by staff with the following conditions. 1)Existing legal conforming multiple family uses would be considered legal conforming uses within the PD Overlay District. If an existing legal conforming multiple family structure is damaged by fire, explosion, act of God or the public enemy, to any extent less than 50% of its assessed value at the time of damage, the multiple family structure may be replaced in accordance with applicable code regulations. 2)Existing legal conforming commercial uses would be considered legal conforming uses within the PD Overlay District. If an existing legal conforming commercial structure is damaged by fire, explosion, act of God or the public enemy, to an extent less than 50% of its assessed value at the time of damage, the commercial structure may be replaced in accordance with applicable code regulations. 3)Any new multiple family structures or an expansion to existing multiple family structures not be permitted unless a specific development plan is brought forward and found acceptable by the Plan Commission and Common Council through the review and approval process established for development in PD Overlay Districts. The expansion or construction of parking ties that serve existing multiple family structures would be considered an expansion that would be subject to review. Plan Commission Minutes Page 7 October 17, 2000 4)For new one or two family structures, or proposed additions to one or two family structures, or for proposed garages and other accessory structures including fences, no Plan Commission and Council review and approval is required so long as Section 30-35 Additional Standards and Exceptions and the base standards of the R-2 District are complied with for one and two family structures. This would include minor alterations and building modifications needed to address specific building and housing code violations as long as the modification is the minimum needed to correct the violation. Seconded by Pressley. Motion carried 5-1. Nay: Smith. V: PROPOSED TEXT AMENDMENTS TO CHAPTER 30 – ZONING AND SUBDIVISION REGULATIONS Common Council member Kevin McGee requests the Plan Commission to review and recommend approval of text amendments to Chapter 30 of the Municipal Code. Mr. Smith asked if a single family home could be converted to a two family dwelling if it doesn’t meet the required lot size. Mr. Bluemke stated the only way the conversion could be made would be if the lot size didn’t allow for the conversion would be through a variance. Kevin McGee, 1244 Wisconsin Street, stated he was responsible for bringing this request forward because the neighborhood was concerned about having less than 10 percent of two family dwellings in the area, and the lack of restrictions. Mr. McGee asked the Commission to look at the R-1C District to the south. He passed around a handout (on file in the Department of Community Development) showing the current number of different types of housing in the area, and another handout showing what could happen in the neighborhood, as almost every property could be converted to a two family residence. He stated that all R-2 didn’t need to be zoned R-1C. He reviewed the percentages for single and two family owner occupied, and single and two family rental units and the amount of land that didn’t have houses, such as parks. Mr. McGee stated he wanted to accomplish a truer picture of what the City is promising will happen on Elmwood Avenue and Algoma Boulevard. Mr. Ruppenthal stated he felt the City currently has a very workable system and didn’t feel this text amendment was a good solution. Mr. Blassingame stated that staff had done a very thorough analysis as he referred to page 2 of the Staff Report which says a healthy, stable neighborhood provides a variety of housing opportunities, and stated he would support staff’s recommendation. Mr. Smith stated he agreed with Mr. Blassingame that rental property is needed all over the city and shouldn’t be restricted to one area. Mr. Pressley asked what process would be followed to convert a single family home to rental property in an R-1C District. Mr. Bluemke stated a conditional use permit would be needed to convert a single family home to a duplex in an R-1C District. He noted that in a Planned Development District a conversion could be addressed directly if there was sufficient width and area as required by the City Ordinance. Plan Commission Minutes Page 8 October 17, 2000 Mr. Kinney stated with the body of law we have today, it is more difficult to grant a variance. He stated the courts can overturn a decision if they feel it is primarily for economic gain, such as creation of a duplex, as that is not a justifiable means whereby a variance should be granted. Chairman Borsuk questioned when the Plan Commission would be addressing rental housing in the community. Mr. Kinney stated the Neighborhood Initiatives Plan was developed to help maintain and stabilize older neighborhoods. He stated downzoning had been requested to reinforce owner occupied housing according to the Comprehensive Plan. He also noted that a steering committee would be formed in the next couple of months comprised of Plan Commission members and others to work on the update of the Comprehensive Plan to be adopted by the Spring of 2003. He also stated in the next couple of months the Smart Growth Plan will be brought to the Plan Commission. Motion by Blassingame for approval of the text amendments to Chapter 30 of the Municipal Code. Seconded by Smith. Motion denied 0-6. There being no further business, the meeting adjourned. Respectfully submitted, JOHN C. BLUEMKE Principal Planner JCB/vlr