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HomeMy WebLinkAboutMinutes PLAN COMMISSION MINUTES MAY 15, 2001 PRESENT:Melanie Bloechl, Steven Gehling, Donald Pressley, Achim Reschenberg, James Smith, Fred Timmerman, and Donald Krueger, Vice Chairman EXCUSED:Lee Bettes, Lurton Blassingame, John Ruppenthal, and David Borsuk STAFF:Jackson Kinney, Director of Community Development, and Vickie Rand, Recording Secretary Vice Chairman Krueger called the meeting to order. Roll call was taken and a quorum declared present. The minutes of May 1, 2001 were approved as mailed. (Bloechl/Gehling) Unanimous. I:CONSENT AGENDA A:Extraterritorial Land Division; 4985 State Highway 175 Reinhard Roehlig, petitioner for John Pfeiffer, owner, requests the Plan Commission to review and approve an extraterritorial land division for property generally located at 4985 State Highway 175 in the Town of Black Wolf. Per the Black Wolf Zoning map the properties are zoned P-1 Recreational District, and are currently a part of Far Vue Golf Course. The owner is proposing to redesign the course to remove the greens that are adjacent to State Highway 175, which will allow for the development of the subject lots. B:Extraterritorial Land Division; 4985 State Highway 175 Reinhard Roehlig, petitioner for John Pfeiffer, owner, requests the Plan Commission to review and approve an extraterritorial land division for property generally located at 4985 State Highway 175 in the Town of Black Wolf. Per the Black Wolf Zoning map the properties are zoned P-1 Recreational District,and are currently a part of Far Vue Golf Course. The owner is proposing to redesign the course to remove the greens that are adjacent to State Highway 175, which will allow for the development of the subject lots. John Pfieffer, 6409 Decorah Avenue, questioned why this property needed approval by the City of Oshkosh. Mr. Kinney explained that land within a 3 mile radius needs to be reviewed and approved by the City. Motion by Bloechl for approval of the consent agenda for the land division at 4985 State Highway 175 as proposed. Seconded by Gehling. Motion carried 7-0. Plan Commission Minutes Page 2May 15, 2001 TH II:REZONING– 521 W. 16 AVENUE Zion Lutheran Church, petitioner and owner, requests the Plan Commission review and approve the th rezoning of property at 521 W. 16 Avenue from M-2 Central Industrial District to R-4 Multiple Dwelling District. The Plan Commission reviewed and recommended approval of part of this property that was former railroad right of way, from R-2 Two Family Residential to M-2 Central Industrial District on January 2, 2001. The owner is now proposing to construct a 20-unit apartment for elderly and disabled on the subject property. Residential uses are not allowed under the current M-2 zoning, so the owner is requesting for the rezoning to R-4 Multiple Dwelling District. Mr. Kinney introduced the item and explained that the City property was also included with the rezoning request at this time to achieve the required 1.5 acres required by the City to place a Planned Development (PD) Overlay on the property. He explained this will require review by the Plan Commission and City Council for development on this piece of property to ensure a compatible use is developed in the neighborhood. He referred to the outline as displayed of all the permitted uses that could go into an M-2 Zoning District as it currently exists without review by the Plan Commission or Common Council. Mr. Smith questioned if the developer was planning to tear down the existing building. Mr. Kinney stated the developers plans included taking the existing building down. Mr. Pressley questioned why the property was rezoned to an M-2 Zoning District in January, and also questioned what density was allowed in an R-3 and R-4 Zoning District. Mr. Kinney stated 3,000 square feet per unit was allowed with 24 units. Steve Marucci, 1643 Michigan Street, asked what was planned for the City property, and if there was a site plan for the 16th Avenue project. Mr. Kinney stated the City parcel wouldn’t be utilized as part of the project, and will continue to exist as part of the old rail road corridor owned by the City. Mr. Kinney stated he would like to see the adjacent property owners buy the property. Mr. Marucci stated the asking price of the parcel was not compatible with the amount of land available. Reverend Nerenhausen passed around a small drawing of the site plan for the property. Mr. Smith asked if there would be one or two buildings constructed on the site. Reverend Nerenahausen stated there would be one apartment building located an adequate distance off of the street and off of the back lot line. Paul Monfils, 1629 Michigan Street, asked if any age group would be able to live in the apartments if the PD was removed from the zoning classification. Mr. Kinney explained another rezoning request would have to be reviewed by the Plan Commission and approved by the Common Council for any changes of that nature to take place. Mr. Monfils also questioned why the property was for sale for such a long time. Mr. Kinney speculated that a property with an M-2 zoning classification located off of an arterial location, which is not good for a commercial property, may be difficult to sell. He also noted how without the approval of the rezoning and acceptance of the proposal, the current building would continue to exist, get run down, and have a negative impact on the neighborhood. He stated he felt this proposal would be a compatible use in the neighborhood. Plan Commission Minutes Page 3May 15, 2001 Mr. Monfils questioned if the church will be paying property taxes on the site. Reverend Nerenhausen stated that a church or building for tax exempt or elderly use would not be on the tax rolls. Mr. Kinney referred to the map as displayed which has been used in the draft Neighborhood Initiatives Plan to look at ways to stabilize older neighborhoods. He pointed out this particular neighborhood lacked in affordable elderly housing, which this project would help remedy. Mr. Monfils stated that the neighborhood doesn’t offer any major shopping close by, as does the elderly housing offered on 20th Avenue. Reverend Nerenhausen stated that Home Health Care will provide services, and the church also has busses and vans to assist people. He also noted there was a bus line in the neighborhood. He stated the Federal Government has supported the project. Wendy Monfils, 1629 Michigan Street, stated she was also concerned about the increase of traffic that would result from an apartment complex. Lance Ford, 529 W. 16th Avenue, stated there were a lot of children on bikes in the neighborhood and he was also concerned about the increase of traffic in the area. He also stated the neighborhood had no problem with the rezoning that took place in January and the proposed use at that time, and questioned why the use has changed now. Mr. Ford submitted a letter from Jeffrey Thompson (on file in the Department of Community Development) to the Vice Chairman regarding the request for rezoning that took place in January of 2001. Vice Chairman Krueger passed the letter around to the Plan Commission summarizing the letter as stating that the past request for rezoning included plans for a food distribution center which the neighborhood had no problem with, however, the neighborhood is opposed to the new rezoning request and the proposal for a 20-unit apartment complex. Pete Clark, 1611 Michigan Street, stated he was also concerned with the increase of traffic that would result from a 20-unit apartment complex. He also stated how the use keeps changing from a food distribution center, and from a 12-unit apartment to a 20-unit apartment complex. He stated he felt the proposed complex was too big for the neighborhood. Steve Schettle, 516 W. 16th Avenue, stated he had prepared a statement, which he wanted entered into the minutes. He stated in January he was happy with the rezoning and proposal for a food pantry and was considering being a volunteer at the center. However, now he is surprised and disappointed with the change of plans. He stated that he felt the first meeting notice he received was a smoke screen. He stated that 3 years ago, when he bought his property, he wanted to construct a duplex, but was told by Mr. Bluemke that it probably wouldn’t be approved because the lot was to small, so he dropped the matter. He feels that Mr. Bluemke is selling them down the river, enabling Reverend Nerenhausen to accomplish his goal of constructing a 20-unit apartment complex by adding property to the rezoning request to make it work. He stated the decision seems to be cut and dried and he and his neighbors are probably wasting their time. He stated he is appealing to the Plan Commission on behalf of the people who oppose this project to recommend denial. Jean Bloechl, 1527 Michigan Street, stated she has agreed with all of her neighbor’s comments, and questioned why someone would want to put a 20-unit apartment building in the middle of a residential neighborhood. She also stated the bus line was not close to the subject property. Plan Commission Minutes Page 4May 15, 2001 Lance Ford submitted at letter (on file in the Department of Community Development) opposing the rezoning, and a petition (on file in the Department of Community Development) opposing a 20-unit apartment complex in a family oriented neighborhood. Mr. Monfils stated since Zion Lutheran Church has changed their minds on the use for the property after only 4 months, he has lost confidence in their credibility. He also stated the majority of the neighborhood seems to think a 20-unit apartment complex is a bit overboard for their neighborhood. Shirley Mattox, 1313 Jackson Street, questioned if the church was going to provide staff, since the tenants will be elderly people who can no longer maintain a household, or will the neighborhood be forced to care for these people. Reverend Nerenhausen stated there will be custodian staff, managerial staff, and some live in staff available for the apartment complex. He explained these apartments will be 525 square feet. He also noted that only half of the residents will have a driver’s license, and most of the tenants will be single, therefore their fear of an increase in traffic is unfounded. He stated he has the approval from the Federal Government for this project and the contract will be good for 40 years. Mr. Schettle reiterated that the 20-unit apartment complex would be too big for the subject property. Mr. Mariucci questioned why a recommendation would be given to an association and not a private individual. Mrs. Bloechl referred to Reverend Nerenhausen previous comments regarding the nature of the tenants and questioned if he already knew the people who would be living there. Reverend Nerenhausen stated he used statistics regarding the nature of proposed tenants. Mrs. Bloechl also questioned if Reverend Nerenhausen could understand the neighborhood’s distrust in his project since only 4 months ago a rezoning occurred with the proposal for a food distribution center. Reverend Nerenhausen stated the zoning request in January of 2001 was requested because the parcel was divided between two zoning districts and the old rail road right-of-way was combined with the adjoining property which was already classified as an M-2 Central Industrial Zoning District. Mrs. Bloechl questioned why the change for the use of the property. Reverend Nerenhausen stated he needed to relocate his elderly day care center from Marion Road, and bought Sterling Gardens on Main Street for that purpose. He stated that at first they thought the site would be to small for a food distribution center, but found it would fit there as well, and would work out better located on the same site as the day care center. He stated he had looked at another location for the apartment complex, however, when that didn’t work out, a realtor approached him with this property. Mrs. Bloechl also questioned how a PD overlay can be accomplished with both private and City property owners. Mr. Kinney stated as long as the area retains 1.5 acres a PD will be allowed. Discussion continued regarding the zoning of the property. Mr. Kinney explained the Department of Community Development considered the permitted range of uses in an M-2 zoning district when reviewing this request. He stated since the food distribution center was out of the picture, the owner could sell the property for any other permitted use in the M-2 District, and such uses could be detrimental to the neighborhood. They also didn’t feel a straight R-4 zoning district would be appropriate,therefore they were recommending the City property be included to achieve 1.5 acres for Plan Commission Minutes Page 5May 15, 2001 the designation of a Planned Development Overlay to be added to an R-4 Zoning District. He also stated the staff has to follow the ordinance requirements. He stated this parcel was difficult to work with and although he can understand the neighbors concerns, the staff felt elderly and handicapped housing would have a much less intensive effect than a regular housing complex would have. Discussion continued regarding the elderly age of tenants that would be accepted, and the on site care and programs that would assist the elderly. Reverend Nerenhausen stated it was a Housing and Urban Development (HUD) supported project that would pay a portion of the rent, and the owners would need to abide by a 40-year contract with the Federal Government. He stated children wouldn’t be accepted in the complex and the apartments were all one bedroom with the exception of one two bedroom apartment. Reverend Nerenhausen also stated the church has an assisted living apartment on 6th Avenue that he feels enhances the neighborhood. Mr. Smith stated that low-income elderly have few choices for housing in Oshkosh, and he is in support ofthis project. He stated traffic is a non-issue. He stated he lives near Evergreen Manor where he has never encountered a traffic problem. Mr. Smith questioned if this was a break-even project. Reverend Nerenhausen stated they may come out ahead in time, however, there are a lot of up front costs, and many accounts that need to be maintained for the duration of the project. Mr. Smith also questioned if the City required an apartment to be at least 600 square feet. Mr. Kinney stated the plans will have to follow the City of Oshkosh Zoning Ordinance requirements that will be reviewed when a Conditional Use Permit/Planned Development Review is requested. Steve Gehling stated he agrees with the Department’s point of view, that this rezoning will create a more appropriate use for the neighborhood. He stated he has listened to the concerns of the neighborhood and doesn’t feel they are justified. Mr. Pressley stated he had driven through the neighborhood and he was impressed with its upkeep. He stated he had looked over the site and couldn’t see how a 20-unit apartment structure would fit. He stated he felt it was too dense for apartment living. Vice Chairman Krueger explained to the Commission that they were only considering the rezoning request at this time. Discussion continued on the level of authority the Plan Commission would have when plans come forward for this property. Reverend Nerenhausen stated if the project were to have less than 20 units it probably wouldn’t be developed. He stated the government gave them money for 20 units. Mr. Timmerman stated he realized it was hard to understand the situation with the food distribution out of the picture, however, he stated he would rather see the property used for a residential use than any of the other permitted uses allowed in an M-2 District, and reiterated they would have a chance to review the plans when they came forward. Plan Commission Minutes Page 6May 15, 2001 Motion by Smith for approval of the rezoning from R-2 Two Family Residence District and M-2 Central Industrial District to R-2PD Two Family Residence District with a Planned Development Overlay District and R-4PD Multiple Dwelling District with a Planned Development Overlay District. Seconded by Timmerman. Motion carried 4-3. There being no further business, the meeting adjourned at approximately 5:03 pm. Respectfully submitted, JACKSON R. KINNEY Director of Community Development JRK/vlr