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HomeMy WebLinkAboutMinutes PLAN COMMISSION MINUTES JULY 16, 2002 PRESENT: Lee Bettes, Lurton Blassingame, Jon Dell’Antonia, Steve Gehling, Jack Heinemann, Donald Krueger, Donald Pressley, Kathleen Propp, Achim Reschenberg, John Ruppenthal, and David Borsuk, Chairman STAFF: Darryn Burich, Principal Planner; Susan Kepplinger, Principal Planner; Matt Tucker, Zoning Administrator; Jackson Kinney, Director of Community Development, and Vickie Rand, Recording Secretary The meeting was called to order by Chairman Borsuk. Roll call was taken and a quorum declared present. Chairman Borsuk welcomed Kathleen Propp to the Plan Commission. The minutes of June 18, 2002 were approved as mailed (Krueger/Reschenberg). Unanimous. Chairman Borsuk explained that the Plan Commission would proceed with Item III at this time because of a delay the petitioners of Item I had encountered. III: RIGHT-OF-WAY ACQUISITION W. PACKER AVENUE The Department of Public Works requests the Plan Commission to review and approve the acquisition of officially mapped land at the west end of W. Packer Avenue. The acquired land will be used to extend the Packer Avenue right-of-way to provide for construction of public utilities and the street. David Langkau, 1225 Faust Avenue questioned who would be paying for the improvements for Packer Ave. Principal Planner Susan Kepplinger stated the developer has offered to purchase the land and deed it to the City. She stated the minimum charges the property owners would incur would be consistent with the city street assessments. Motion by Pressley to approve the acquisition of officially mapped land at the west end of W. Packer Avenue. Seconded by Blassingame. Motion carried 9-0. II: CONDITIONAL USE PERMIT FOR A FOR A MIXED COMMERCIAL/RESIDENTIAL STRUCTURE AT 501 N. MAIN STREET Compass Properties, LLC, petitioner for Venture Enterprises, owner, requests the Plan Commission to review and approve a conditional use permit (CUP) for a mixed use commercial/residential structure at 501 N. Main Street. The subject property is zoned C- 3 DO Central Commercial District with a Downtown Overlay that allows mixed use commercial/residential structures through CUP and further requires that residential uses be located on upper floors only. The 5,400 square foot subject property contains a three- story, approximately 16,000 square foot structure. The building, originally constructed in 1890, is a contributing structure in the North Main Historic District and is eligible for the National Register of Historic Places. Additionally, the building as recently as last year was included on the top ten list of the State’s most “endangered” historic buildings. Chairman Borsuk questioned if the financial information included in the Staff Report was to be considered by the Plan Commission in their decision of granting a Conditional Use Permit (CUP). Mr. Kinney stated the financial information was not part of the CUP review. Chairman Borsuk asked if there was information on the demographics of the subject area. Ms. Kepplinger explained the census data was not available at this time for that particular area, however, apartment rental would be consistent with the wages relating to the service industry and other jobs in the downtown area. Mr. Gehling asked if the rental fees would be consistent with other apartments on Main Street. Ms. Kepplinger stated they would be in line with current market rates for the area. Mr. Heinemann questioned if the Hair Salon building would be removed. Mr. Kinney stated the City was in the process of acquiring that lot and the abutting Wisconsin Central property to provide for a future public parking lot. Chairman Borsuk questioned if the City was comfortable with the petitioner’s request for an option to purchase the improved parking lot at any time in the future. Mr. Kinney stated that request had been withdrawn by the petitioner. Chairman Borsuk questioned what the cost of rehab was for a single family house. Ms. Kepplinger stated this case was not comparable to the cost of rehabilitating a single family dwelling because of the cost of fines the owner is facing, the amount of deterioration of the building, and money coming from different sources than those normally used for the rehabilitation of a single family home. Ms. Kepplinger stated under normal circumstances the average cost of rehabilitation of a single family home was approximately $45,000-60,000. Andrew Habermann, 511 N. Main Street, stated he shared a wall with the subject property, and was in favor of the rehabilitation of this building because bricks fall every couple of months from this building. Mr. Habermann questioned how they calculated 12 parking spaces to fit in the designated parking area. Mr. Kinney stated they were in the process of preparing a parking plan, and with organized parking in the 2 adjacent lots to the west they should be able to possibly create 54 parking spaces and more. Mr. Habermann questioned if they envisioned the parking lot to look like the parking lot directly to the south. Mr. Kinney stated that was the general appearance they were looking for, an improved parking lot with landscaping to create an improvement for the area. Mr. Habermann questioned if there would be assigned parking spaces. Mr. Kinney stated short term parking spaces would be available, and long term parking spaces would be made available by the purchase of a permit as proposed. Discussion followed regarding the parking spaces, and whether the owner or the tenants would be purchasing the parking permits. Mr. Blassingame stated this was a rare opportunity to change the blighted area in a prominent part of downtown which he felt would be beneficial for the community, and had his support. Motion by Pressley for approval of a Conditional Use Permit for a mixed use commercial/residential structure at 501 N. Main Street as found to be consistent with Standards set forth in Section 30-11 (D) of the Zoning Ordinance. Seconded by Dell’Antonia. Chairman Borsuk stated he was in support of downtown rehabilitation, however, he questioned how to leverage the dollars spent most effectively. He compared the number of single family dwellings that could be rehabilitated with the amount of money spent on this one property. He stated the downtown appears to be developing an abundance of low income housing, and they should look at offering more scattered types of housing in the downtown area. Mr. Kinney stated this project differs from the normal rehabilitation done on a single family dwelling because the financial support of $300,000 from the State Division of Housing is specific to this activity and not rehabilitation of single family dwellings. He also stated apartments offered for low income levels are very close to the market rates. Ms. Kepplinger stated there are many people fresh out of high school or college who need affordable housing. She stated there are also many employers who need people to fill positions with lower but fair pay in the community, many that exist downtown, therefore, there is a need for this level of housing. Mr. Blassingame stated that was not the issue at hand, and the Plan Commission should be looking at granting a Conditional Use Permit from a land use standpoint. Mr. Kinney stated there will be financial framework for this building, which he feels will strengthen the downtown area. He stated this is an extremely critical building in the downtown area and a first rate renovation is being planned for the exterior and interior of the building. Motion carried 8-1. Nay: Borsuk. I: CONDITIONAL USE PERMIT TO OPERATE A CONVENIENCE STORE WITH GASOLINE PUMP SALES FOR PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF WITZEL AVENUE AND SAWYER STREET (103 N. SAWYER STREET), AND A ZONE CHANGE FROM R-1 SINGLE FAMILY RESIDENCE DISTRICT TO C-1 NEIGHBORHOOD COMMERICAL DISTRICT FOR THE PROPERTY AT 1215 FAUST AVE. Kwik Trip Inc., petitioner is requesting two Plan Commission actions in order to construct and operate a convenience store with gasoline pump sales for properties generally located at the northwest corner of Witzel Avenue and N. Sawyer Street. One request will be to rezone the property at 1215 Faust Avenue from R-1 Single Family Residence District to C-1 Neighborhood Business District, which would then allow the second request for a conditional use permit (CUP) to operate a convenience store with gasoline pump sales on the overall proposal site. Gasoline pump sales are allowed only through CUP in the C-1 Neighborhood Business District. Mr. Burich introduced the item noting he would like to add some additional conditions. He stated that to provide a more lateral clearance for traffic entering the site from Witzel Avenue, a bump out be installed at the east end of the driveway with the actual design of the bump out to be approved by the Department of Community Development, and because of the concerns of the adjacent dentist office a solid fence be installed to include landscaping on the west lot line adjacent to the dentist office. Mr. Pressley questioned the distance of ingress and egress from the corner of Sawyer Street and Witzel Avenue. Mr. Burich stated the driveway at the intersection of Witzel Avenue and Sawyer Street was 70 feet from the intersection, the south end of the driveway on N. Sawyer Street was 120 feet from the intersection, and the driveway on Faust Avenue was 105 feet from N. Sawyer Street. Mr. Gehling questioned how rezoning the property at 1215 Faust Avenue would affect the setbacks. Mr. Burich explained the parking lot would comply with zoning regulations of 19’3” from the adjacent residential property line, he stated a solid wood fence with landscaping is also recommended. David Langkau, 1225 Faust Avenue, representing himself, and his sister Julie Schumde, her husband David Schmude, and their daughter Stacy. He stated it appears the site is too small for the proposal since so many variances are being requested to be able for this proposal to work. He stated customers would have to cross two lanes of traffic to travel either to the east or to the north. He stated the traffic problems are real, and his niece Stacy has the scars to prove it. He stated at times traffic may not be too bad, however, anytime after school starts in September, especially around 2:30 in the afternoon the traffic is heavy. Mr. Langkau stated the Witzel Avenue and Knapp Street intersection is not the only heavy traffic area, or the only one that will be affected, but also Witzel Avenue and Eagle Street, Taft Avenue and Sawyer Street, and Sawyer Street and 5th Avenue. He stated he didn’t feel the area could handle an increase in traffic and suggested the City find a way to handle the current traffic problems before adding to it. Matt Ebersberger, 1221 Faust Avenue, submitted a petition opposing the rezoning of 1215 Faust Avenue, along with additional information on the subject properties (on file in the Department of Community Development). Mr. Ebersberger stated he has lived in this neighborhood all his life, and reviewed the size of the lots which he figured couldn’t add up to 59’ being available from the lot at 1215 Faust Avenue. He also stated gas tanks are located 30’ from the house at 1215 Faust Avenue where the sump pump had been drawing water from the gas tank since 1974. He also noted the speed limit in the area was changed to 15 m.p.h. as of April 3, 2002, and has not been enforced. He also questioned if it was legal for a convenience store to sell alcohol across the street from a high school. Chairman Borsuk stated the sale of alcohol was not under the jurisdiction of the Plan Commission. Mr. Ebersberger also stated the bedrooms in his home were on the east side of the house, near the dumpsters, which he did not appreciate, he was also concerned about the mature trees being taken off the property, and the litter that may result from this development. Mike Goyke, 1231 Faust Avenue, stated he was concerned about the increase of traffic in the area. He also stated there would be three gas stations within three miles of each other, and questioned if they could all survive economically. Chairman Borsuk stated the economics of the proposal was not an issue for the Plan Commission whose duties are to review the site for the appropriate land use. Hans Zietlow, Director of Real Estate for Kwik Trip Inc., stated that the subject site was and currently is a gas station service operation. He stated contamination has been found on the property and one lot has received closure from the Department of Natural Resources, however, they would continue to study the soil and remove the contamination from the other lots as well. Mr. Zietlow stated Kwik Trip is looking at this site for a convenience store/gas station. He stated the required setbacks and the parking requirements are forcing them to look at rezoning 1215 Faust Avenue. He stated the mature trees would remain on the property. He also stated the store would look similar to the Appleton store with a brick exterior of red and tan colors. He stated Kwik trip was a family owned operation. He explained small gas stations will quickly become a thing of the past because of the economics involved in the gasoline business, however, Kwik Trip is highly involved in the grocery business, which is needed in order for a gasoline business to survive, and be a benefit to the community. He agreed the site was small with only one acre to offer, however, he felt it would be an improvement over what currently existed on the property. Mr. Gehling questioned how the lighting could be contained to the site. Mr. Zietlow explained the lighting requirements of the Zoning Ordinance, and noted how the lighting they have proposed would be in compliance. Mr. Tucker, Zoning Administrator, noted that the light from any parcel is not allowed to negatively affect adjacent parcels. Mr. Kinney stated a lighting plan is required for this proposal. Mr. Bettes questioned what the view would be of the property owner at 1216 Faust Avenue. Mr. Burich used the map as displayed to show where the fencing would be located and where the recommended landscaping would be placed, noting that the mature trees in area would remain. Mrs. Propp asked Mr. Burich to clarify the parking spaces that would be created on the residential lot proposed for rezoning, and the parking spaces that would need to be relocated. Mr. Burich used the map as displayed to show parking spaces that are proposed to be relocated to the area along the west lot line abutting the dentist office, approximately 6 spaces, noting that 1215 Faust Avenue would also consist of parking spaces and the trash enclosure area. Mrs. Propp also questioned what options Kwik trip would have if the rezoning would be denied. Mr. Zietlow stated Kwik Trip wouldn’t be able to develop the site without the rezoning. He stated they would need the parcel at 1215 Faust Avenue to meet the parking and setback requirements. He stated the existing operation would most likely remain because the size of the site limits investment opportunities. Mr. Reschenberg questioned if the points of ingress and egress on Sawyer Street were properly located. Mr. Burich stated the Director from the Director of Transportation had reviewed the proposed site plan and did not find any conflicts with regard to the location of the driveways. Discussion followed regarding the difficulty customers may have trying to make a left turn, and if the Plan Commission had the authority to add a condition relating to the direction traffic should take. Mr. Pressley stated he was most concerned with cars waiting on Faust Avenue to turn left on Sawyer Street. He stated they would most likely take a left hand turn creating more traffic in the residential neighborhoods. He suggested a “Right Turn Only” sign be placed at the Faust Avenue driveway location. Chairman Borsuk questioned if Kwik Trip had considered the traffic flow in this area. Mr. Zietlow stated they had used an independent traffic engineering to study the area. He discussed the traffic pattern of cars coming into the site off of Witzel Avenue and exiting to the right on Sawyer Street proceeding to the traffic light at the intersection of Witzel and Sawyer Street. Bill Hentz, 1312 Faust Avenue, stated he has lived in this neighborhood for 35 years and has definitely seen an increase in the traffic flow. He used the map as displayed to show the difficulty of turning left from Faust Avenue. He stated at the current time he goes over to Witzel Avenue and uses the light to make a left hand turn, and is convinced the traffic from this development will increase in the residential areas. He stated the plan is not acceptable, and that should be evident with the signature of 11 home owners on the petition previously submitted. Mr. Hentz questioned if Faust Avenue would be able to handle the weight of delivery trucks, and semi’s. He stated it is currently a quiet neighborhood and is concerned that this 24 hour, 7 day a week business would increase the potential for crime, traffic, litter and noise in the neighborhood at all hours, and there are currently 8 children under the age of 18 in the neighborhood. He also stated a convenience store/gas station is not needed in this neighborhood with three other gas stations/convenience stores located in such close proximity. He stated one was also locally owned, and he would rather support the community. He stated this development would only have a positive effect on the petitioners and owners of the property. He suggested if the Plan Commission is in favor of rezoning this parcel, perhaps they could rezone it with a planned development overlay to have more control over any other development that may want to locate there. Carla Goyke, 1231 Faust Avenue, stated her family decided to purchase their home in this neighborhood a year ago because they thought it would be a quiet neighborhood in which to live. She stated she is concerned about the traffic and the safety of her children. She also stated she currently has to wait for a minimum of 10 minutes to make a left hand turn at the corner of Faust Avenue and Sawyer Street at 7 a.m. as well as when she is returning to work after she is home for lunch. Amy Gauger, 1203 Witzel Avenue, questioned why this development has been allowed so many variances when they were not even allowed to put up a privacy fence. Mrs. Gauger stated their bedrooms would be facing the development. She also noted that the Auto Authority was a quiet, small business that closed at night. She stated allowing Kwik Trip to develop on this property would not be beneficial for this neighborhood, and questioned why these variances should be allowed. Larry Gauger, 1203 Witzel Avenue stated he has the same concerns as his wife. Mr. Burich stated the variances that are required for this development to move forward have not been granted yet, and the developers need to appear before the Board of Appeals with their request. Mr. Burich further discussed the variances needed and the difference a C-1 zoning classification would make. Mr. Hentz stated he is still concerned about the increased traffic on Faust Avenue and throughout the residential neighborhood by customers who will travel to where they are able to use the controlled stop and go lights, and not have to wait on Faust Avenue to get back into traffic. Motion by Pressley to add a condition to place a “NO LEFT TURN” sign at the ingress/egress point on Faust Avenue. Seconded by Blassingame. Discussion followed regarding the effect such a sign would have on the neighborhood, the ability of Kwik Trip to enforce such signage, and if the Plan Commission had the authority to add such a condition. Mr. Blassingame stated even though Kwik Trip may be a quality operation, he can see a major problem with the traffic in the area, along with the fact that this business will be open 24 hours a day, 7 days a week. He stated he doesn’t feel it is in the best interest of the community, therefore, it will not have his support. Mr. Bettes stated he had initially been opposed to this proposal because of the negative impact he thought it would place on the neighborhood, however, he stated it appears that Kwik Trip is proposing steps to mitigate any negative impact through landscaping and fencing. He also stated Kwik Trip appears to maintain their properties very well, and he feels this proposal will be in the best interest of the community, therefore, it has his support. Motion denied 2-7. Nays: Bettes, Blassingame, Dell’Antonia, Gehling, Krueger, Ruppenthal, and Borsuk. Motion by Blassingame to rezone the property at 1215 Faust Avenue from R- 1 Single Family Residence District to C-1 Neighborhood Business District, and grant a Conditional Use Permit to operate a convenience store with gasoline pump sales on the overall proposal site to be found consistent with the standards set forth in Section 30-11 (D) of the Zoning Ordinance with the amended conditions as follows: 1.The three separate tax parcels be combined to create one tax parcel. 2.Dumpster enclosure to be constructed with masonry materials to match materials used for the façade of the principal structure on site. The front of the enclosure to be screened with a 6 foot high wood fence with landscaping. 3.The ground sign along Sawyer Street be relocated to an Ordinance compliant location. The ground sign along Witzel be moved to an Ordinance compliant location or a setback variance be obtained. 4.Ordinance compliant parking spaces to be added along the west property line west of the gas canopy. 5.Submission and approval of a landscape plan prior to issuance of a building permit. Landscape plan shall give special consideration to the provision of providing an opaque landscape border at the time of planting in the transitional yard area along the Faust Avenue west property line. Landscape plan to be approved of by the Department of Community Development. 6. On site lighting be designed and placed so as not to spill-over into the adjacent residential area. 7. Architectural enhancements and treatments be added to the north and east building elevations and roof lines with modifications to be approved by the Department of Community Development. 8.East end of the Witzel Avenue ingress/egress be designed with a “bump- out” feature to be approved by the Department of Community Development. 9. A solid fence be installed to include landscaping on the west lot line adjacent to the dentist office. Seconded by Gehling. Motion carried 6-3. Nays: Blassingame, Pressley, and Reschenberg. There being no further business, the meeting adjourned at 5:30 p.m.(Krueger/Blassingame). Unanimous. Respectfully submitted, DARRYN L. BURICH Principal Planner DLB/vlr