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HomeMy WebLinkAboutMinutesPLAN COMMISSION MINUTES May 3, 2011 PRESENT: Jeffrey Thorns, Thomas Fojtik, John Hinz, Kathleen Propp, Dennis McHugh, Robert Vajgrt, Karl Nollenberger EXCUSED: David Borsuk, Ed Bowen, Donna Lohry STAFF: Darryn Burich, Director of Planning Services; David Buck, Principal Planner; Jeffrey Nau, Associate Planner; Steve Gohde, Assistant Director of Public Works; 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 April 19, 2011 were approved as presented. (Vajgrt/Propp) L HARWELL ANNEXATION The petitioners are proposing direct annexation (by unanimous approval) of approximately 0.498 acres of land currently located in the Town of Oshkosh. Mr. Nau presented the item and reviewed the site and surrounding area as well as the land use and zoning classifications in said area. He explained that the petitioners are requesting the annexation to connect to city utilities and have access to city police and fire protection services. The Police, Fire, and Public Works Departments have reviewed the request and do not have any concerns with providing services to this property. The petitioner is requesting temporary and permanent zoning of R -1 Single Family Residence District. Ms. Propp questioned if the mix of properties remaining in the Town with the annexation of this site would create any problems. Mr. Nau responded negatively. Mr. Thorns inquired if the costs to connect to city utilities would be born by the property owner. Mr. Nau responded affirmatively. Motion by Thoms to approve the Harwell Annexation with temporary and permanent zoning of R -1 Single Family Residence District as requested. Seconded by Nollenberger. Motion carried 7 -0. II. ZONE CHANGE FROM R -1 SINGLE FAMILY RESIDENCE DISTRICT TO R -2 TWO FAMILY RESIDENCE DISTRICT FOR TWO PARCELS OF LAND LOCATED ALONG KOPE AVENUE (PRIVATE ROAD) The petitioner is requesting a zone change from R -1 Single Family Residence District to R -2 Two Family Residence District. Plan Commission Minutes May 3, 2011 Mr. Burich presented the item and reviewed the site and surrounding area as well as the current land use and zoning classifications in said area. He explained that the rezoning request was for the two parcels on the south side of Kope Avenue and discussed the history of the site. If the zone change request would be approved, the development along Kope Avenue would require additional approvals including extending Kope Avenue to 60 feet wide. Mr. Fojtik inquired how the widening of the road would affect the development. Mr. Burich responded the developer will proceed with certified survey maps and a developer's agreement as part of the process and this would be addressed at that time. Mr. Thorns questioned if the area would be required to be officially mapped. Mr. Burich replied that it would not be required to be mapped as the utilities are not yet in place and the developer would have to work with the Department of Public Works to plan for the installation of said utilities. Jason Davis, owner of 70 -72 Kope Avenue, stated that he purchased this property as an investment based on the area in the development. He stated that the road is in bad shape and voiced his concerns that trucks accessing it to install utilities would further damage the road. He further stated that he had concerns that new houses and duplexes in the area would hinder what he could charge for rent as the new units would be able to ask higher rent rates and he was told that this area would never be developed. Ms. Propp inquired if his property was a single family home. Mr. Davis responded that his property was a duplex. Ms. Propp commented that when the road construction is completed, it should improve the situation. Mr. Davis reiterated that the proposed new duplexes would impact what he could charge for rent for his duplex. Bob McKay, 80 Kope Avenue, stated that he purchased his home and felt that owners take better care of their property and the area is maintained. He further stated that rentals will devaluate the area and desired to see a plan depicting where the houses will be constructed. He does not want to see the area rezoned as he felt the impact would be devastating to the home values and would deteriorate the neighborhood. Eric Hoffmann, 520 W. Huron Street, Omro, petitioner for the request, stated that the overall plan was still in the process of development but passed around a conceptual drawing for the site. He explained that the development along Kope Avenue would be a mix of duplex and single family lots similar to what exists on the north side of the road and he had plans to develop the lot to the south of this area with single family and duplex lots as well. He stated that he felt the duplexes served as a buffer with the single family homes. Bob Schnyder, 4224 Jackson Street, stated that he felt safe living in this area and voiced his concerns with the land use changing to multi - family housing in this area. Plan Commission Minutes May 3, 2011 Mr. Burich responded that multi - family housing such as what is located on Logan Drive requires a zoning classification of R -3 and this request is for an R -2 designation which allows single and two family uses only. He further discussed the single and two family uses that currently exist in the area and previous proposals for development of this site. He commented that the R -2 and R -1 zoning classifications were not out of character for this area. Jason Laber, 48 Kope Avenue, stated that he was currently renting his property at this time but did not want duplexes there either. He stated that he would like to know when the lots would be developed and how far down the road they would extend. Mr. Burich replied that there was nothing concrete in the works for the lot layout at this time and a developer's agreement would be required prior to establishing a concept for the proposed development. Dennis Schwab, 601 Oregon Street, stated that his firm is the owner of Kope Avenue and the properties are currently being taxed by the city without the amenities. The road is currently maintained by his firm and the rezoning and development of the site would initiate the improvement of the road by the city who would then continue to maintain it. He further commented the gravel surface in place at this time is very difficult to maintain in a satisfactory condition. Mr. Burich confirmed that the south side of Kope Avenue would have to be developed to initiate improvements to the road and that the long term intent of the petitioner is to plat out the entire area for development. Mr. Schwab commented that the petitioner was planning on developing a new subdivision on this site. Mr. Laber stated that he questioned why the R -2 zoning was being requested on the road frontage and not in the southern portion of the parcel. Jeff Chopp, 150 Kope Avenue, stated that duplexes would bring temporary residents to the area and that this was a family neighborhood. Mr. Hoffmann commented that the duplexes were being proposed on Kope Avenue as three other duplex lots already existed there and it was a good transitional area from Jackson Street. The duplexes would be $1000 or more for rent and the clientele living there should be upscale. The newly developed neighborhood should bring up values of adjacent properties in the area and it would be advantageous to property owners to have the improvements completed to the road. Heidi Drexler, 4276 Jackson Street, stated that she has lived in her home for 13 years and liked the area as it was close to town but not in the city. She questioned when the road would be built, if street lights would be installed, and what the timeline was for the project. Mr. Burich responded that this request was for the zone change only and the plat was not coming forward for approval at this time. The status of the project as far as timeline had not yet been determined and grading and drainage plans would be required to be developed and that the zone change request was just the first of many steps in the process. Ms. Drexler then questioned who would pay for the road improvements. Mr. Burich replied that those details are determined by the developer's agreement and he does not know what the original agreement stipulated. He suggested referring to documents from her real estate Plan Commission Minutes May 3, 2011 closing which may indicate requirements of the developer's agreement when the title search was completed. Ms. Propp questioned if the whole road on the north side of Kope Avenue had a zoning classification of R -2; if the proposed zoning would be consistent with the remaining part of the road; if the original developer's agreement was still in force; and if the zone change was approved, if it would be followed by submission of a preliminary plat and a developer's agreement. Mr. Burich responded that the north side of the road was zoned R -2 and the proposed zoning was consistent with existing zoning; the original developer's agreement was tied into existing properties in the area; and the zone change was the initial step in the process to develop the site. The approval of the zone change would give the developer some certainty to proceed with conceptual plans for the development. Mr. Thorns commented that the zone change request was consistent with the existing neighborhood and possessed the same type of layout as many other areas of the city. The development would initiate the improvements to Kope Avenue into a city street which should be an improvement for all property owners involved. Mr. Fojtik stated that he did not see any reason not to support this request. Motion by Nollenberger to approve the zone change from R -I Single Family Residence District to R -2 Two Family Residence District for two parcels of land located along Kope Avenue as requested. Seconded by Vajgrt. Motion carried 7 -0. III. CONDITIONAL USE PERMIT FOR A PUBLIC UTILITY STRUCTURE (WET STORM DRAINAGE DETENTION BASIN) EAST OF WESTHAVEN CIRCLE (SOUTH OF WESTHAVEN GOLF COURSE CLUBHOUSE) The Department of Public Works requests a conditional use permit for construction of a wet storm water detention basin. Mr. Nau presented the item and reviewed the site and surrounding area as well as the current land use and zoning classifications in said area. He explained that the city is in the process of negotiating with the Westhaven Golf Club to acquire the site and reviewed the site plan for the basin. The basin would have the capacity to store approximately 16.6 acres -feet of water and will be able to capture 6.8 tons of sediment from the runoff each year. Landscaping plans have not yet been submitted but will require approval by the Department of Community Development. He also reviewed the Sawyer Creek and Campbell Creek Watershed map and stated that the construction of the basin is scheduled for 2012. He reviewed the conditions recommended for this request. Mr. Thorns inquired what the minimum landscaping standards were for the C -2 zoning district. Mr. Buck responded it was approximately one tree and five shrubs per 1000 feet. Mr. Thorns questioned if we should be considering a higher standard of landscaping as this was adjacent to a residential neighborhood. Plan Commission Minutes May 3, 2011 Mr. Burich replied that landscaping standards were more intense for a C -2 zoning district than a residential area as residential areas do not have landscaping standards in place. Mr. Thorns also questioned what type of vegetation was proposed for the pond. Mr. Gohde responded that it was proposed to be a wet basin with plantings on both the safety shelf and side slopes to deter entrance to the pond. Mr. McHugh inquired if water would be discharged into ponds on the golf course. Mr. Gohde responded negatively and referred to the site plan and indicated where the piping was to be located for the water to enter and exit the basin. Mr. Thorns requested to verify that this was proposed to be a wet basin. Mr. Gohde responded affirmatively and explained how the exit pipe controls the elevation of the water in the basin. Mr. Hinz requested to have the flow of water clarified. Mr. Gohde explained that the water would have a continuous flow and described the purpose of having water in both basins and how the system worked to remove sediment from the stormwater runoff Mr. McHugh commented that this exact site had major flooding issues and the basin could not be located in a better place. Randy Zentner, 2430 Newport Court, voiced his concern with the elevation of the water in the basin and questioned if it could be a little deeper as the basement structures in the neighborhood were at or below the depth of the basin. Mr. Burich replied that this was a design issue and suggested that Mr. Zentner contact Mr. Gohde regarding this issue and that the request was for approval of the land use only to allow the construction of the basin. Greg Fugar, 1536 Westhaven Circle, stated that he has lived there for 22 years and the water seems to settle in the center of the circle. He felt that the sanitary sewer system does not absorb as much water as it should and creates sewage backups and questioned if the basin would alleviate these issues. Mr. Burich responded that this was another design issue that should be taken up with Mr. Gohde. Ms. Propp commented that she supported the request but felt the city should develop some ordinance for landscaping detention basins to make them more aesthetically attractive. Mr. Thorns agreed and stated that this was one piece of a large puzzle for solving flooding issues in Oshkosh. Mr. Fojtik commented that this area is an ideal location for the proposed detention basin. Mr. Hinz stated that this whole area needs help but no one desires to use the golf course to for the placement of detention ponds. Plan Commission Minutes May 3, 2011 Motion by Vajgrt to approve the conditional use permit for a public utility structure (wet storm drainage detention basin) east of Westhaven Circle and south of Westhaven Golf Course Clubhouse as requested with the following conditions: 1. The Department of Public Works have a Certified Survey Map prepared to split off the detention pond area from the clubhouse parent property. 2. Landscape plan meeting C -2 District standards be submitted and approved by the Department of Community Development. Seconded by Thoms. Motion carried 7 -0. Mr. Fojtik stated that since the next two items are related, they will be presented together for discussion but will be voted on as separate requests. IVA. ZONE CHANGE FROM R -1 SINGLE FAMILY RESIDENCE DISTRICT, R -2 TWO FAMILY RESIDENCE DISTRICT AND C -1 NEIGHBORHOOD BUSINESS DISTRICT TO C -2PD GENERAL COMMERCIAL DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY AT THE 1700 BLOCKS OF WEST 7 TH AND WEST 9TH AVENUES The petitioner is requesting a zone change from R -1 Single Family Residence District, R -2 Two Family Residence District and C -1 Neighborhood Business District to C -2PD General Commercial District with a Planned Development Overlay to allow the combination of lots for the development of a retail pharmacy with drive - through service. IVB. PLANNED DEVELOPMENT REVIEW TO ALLOW DEVELOPMENT OF A PHARMACY/RETAIL BUILDING WITH DRIVE - THROUGH IN 1700 BLOCKS OF WEST 7 TH AND WEST 9 AVENUES The petitioner requests development plan approval for the development of a retail pharmacy with drive - through service in the 1700 blocks of West 7 th and West 9 th Avenues. Mr. Buck presented the items and reviewed the site and surrounding area as well as the land use and zoning classifications in said area. He stated that the Comprehensive Plan recommends commercial land use for this site and the Planned Development Overlay allows for review and input of any proposed development plans for the site which is beneficial to both the developer and the city. He reviewed the site plan and explained that the pharmacy use was proposed to be open 24 hours a day and have drive - through service. He also discussed the three setback encroachments, reviewed the landscape plans for the site as well as the 72 proposed parking stalls. He stated that staff is supportive of the base standard modifications for the setback encroachments and for the location of the loading area which should be mitigated by the berming and landscaping on the site. He also reviewed the pedestrian accesses and the drive accesses proposed on both West 7 th and 9 th Avenues of which staff is supportive of the 9 th Avenue drive access but has concerns with any access onto 7 th Avenue. The Police, Fire and Public Works Departments all have issues with the various scenarios proposed for the drive access onto 7 th Avenue and he discussed the concepts presented. Staff evaluated all the scenarios and do not support any access onto 7 th Avenue. He also discussed the landscaping requirements and reviewed the landscape berm examples provided as well as the building elevations and the conditions recommended for this request. Plan Commission Minutes May 3, 2011 Mr. Thorns questioned what the distance was from the 9 Avenue drive access to the round -a -bout and if it was compliant with codes. He voiced his concerns with traffic issues. Mr. Burich replied that the drive access was code compliant. Mr. Thorns inquired if the traffic study completed was with both entrances or just one and stated his concerns with making left or right turns onto 9 Avenue from the site. He had great concerns with the activity on the site and referred to the email from Ed Bowen regarding his concerns regarding traffic from the site. He also questioned if there would be a water retention system on the site. Mr. Buck responded that the developer was proposing a holding system underneath the site for water retention. Mr. Thorns commented that he felt there were too many base standard modifications being requested for the development. Mr. Buck replied that some of the modifications placed on the request are standard for most developments. Mr. Thorns stated that he had concerns with the setback modifications particularly for the loading dock. Ms. Propp questioned if the hatched area on the site plan on 9 Avenue represented a rumble strip and if so, how wide was this area. Mr. Buck responded that it was and the area was approximately 9 feet wide. Ms. Propp also questioned if the landscape plans met code requirements and requested that the current zoning classifications be reviewed again. Mr. Buck replied that the landscape plans met requirements and reviewed the zoning classifications as they currently exist. Mr. Hinz stated that he had concerns with traffic issues particularly with the rumble strip on 9th Avenue. He also had concerns with the deliveries to the loading dock multiple times per week which was discussed at one of the neighborhood meetings. Mr. Buck commented that the developer wants to be on this site because of the high traffic volume in the area and that if access was allowed onto 7 th Avenue, vehicles exiting 7 th Avenue would not be allowed to go south due to the placement of the median. Mr. Fojtik inquired if the zone change to commercial would be appropriate for this site regardless of the approval of this development. Mr. Buck responded affirmatively and stated that the Comprehensive Plan recommends commercial land use for this area. Mr. Hinz questioned how the zone change would affect property owners on the site if this particular development was not approved. Plan Commission Minutes May 3, 2011 Mr. Buck replied that the property could be marketed for sale for other commercial uses. Mr. Thorns inquired if the zone change could be conditional on the approval of the proposed pharmacy development on site. Mr. Burich responded negatively. Mr. Thorns questioned if home sales for residential use could be an issue due to financing problems with the C -2 zoning designation. Mr. Buck responded affirmatively and stated that it would also not permit any major expansions to residential uses. Chris Strong, Director of the Department of Transportation, stated that the traffic study completed by the developer was done on the basis of having full access to both 9 th and 7 th Avenues and with the access to 7 th Avenue removed, more traffic would be directed onto 9 th Avenue. He estimated at peak times there would be 56 -58 in and out bound movements per hour. He did not anticipate left turns onto 9 th Avenue to be an issue as Witzel Avenue and Koeller Street has not had backup issues with the closing of 9 th Avenue. Mr. Thorns stated that Witzel Avenue does not have the same volume of traffic as 9 th Avenue. Mr. Strong commented that it does presently as 9 th Avenue is closed. Mr. Thorns questioned what problems could result if traffic would back up into the round -a -bout. Mr. Strong responded that it would be the same as an accident in the round -a -bout and at least 12 cars would have to back up to create an issue which is not likely. Mr. McHugh commented that construction caused a back up on Witzel Avenue today and he felt the intersection was hazardous. Mr. Nollenberger inquired if the layout on this site was comparable to Jackson Street and Murdock Avenue as far as the distance from the drive accesses to the round -a -bout. Mr. Buck replied that the drive access on this site is a little farther away from the intersection. Mr. Thorns commented that the traffic issues will be worse when the round -a -bout is completed since the traffic does not stop and questioned if 7 th Avenue could be used with a left turn only limitation. Mr. Strong stated that the traffic study anticipated that only 10% of the traffic from the site would exit via 7 th Avenue. Mr. Buck added that access to 7 th Avenue, if allowed, would most likely function as a full access drive and would create public safety hazards. Mr. Burich added that a one way traffic pattern on 7 th Avenue was considered but also created concerns. Plan Commission Minutes May 3, 2011 Ms. Propp inquired if the rumble strip on 9 th Avenue was designed into the intersection and set in stone as it impedes traffic and is a significant difference from the intersection on Witzel Avenue. Mr. Gohde responded that it is part of the Wisconsin Department of Transportation's (DOT) plans and would not be negotiable at this point. He further commented that the DOT would like to continue the rumble strip further east however it was a compromise to end it where it is to allow access to commercial sites already existing in the area. Will Steiner, real estate broker for the development, stated that they worked hard to figure out the access on 7 th Avenue as this was critical to the project. He felt that the base standard modifications accommodated safety concerns and they needed to proceed to maintain their purchasing options. He further stated that this was a good fit for this part of the city and was a national retail plan. They could look at other possible plans as customers may pass by if traffic issues were present. He reiterated that the 7 th Avenue access was a critical component to the development. Mr. Buck stated that any change to the right -of -way would have to receive approval from the Traffic Review Advisory Board and the Department of Public Works. Mr. Fojtik commended the developer on the appropriate efforts made to meet with neighbors of the area numerous times to address their concerns with this development. Jane Slattery, 512 S. Westfield Street, stated that it is important to remember that this is a well established neighborhood. She further stated that traffic in the area at the intersection is very busy and it could probably support the additional traffic generated by this use but that was questionable. South Westfield Street also accesses 9 th Avenue and she had concerns that the development would create traffic problems. She also had concerns with other areas of the neighborhood being rezoned to commercial uses and how it would affect property values. The 1100 customers per day anticipated on this site would create both traffic and noise issues. Dave Dahlke, 626 Lilac Street, stated that he felt the developer was trying to shoehorn the commercial use into too small of a site and that it needed 7 th Avenue access to accommodate the business. He also stated that the proposed berms would not be adequate and noise and lights would be an issue for the neighboring residential properties. Entrances for commercial sites on Witzel Avenue were located farther away from the round -a -bout and accidents have increased with the installation of them. He spoke with several appraisers who stated that there would be a 10% devaluation of adjacent properties due to this development and a local or small business would be more appropriate for the site. He also commented that there was already a pharmacy across the street from this site. Steve Suhm, 617 Lilac Street, stated that he has lived there for 44 years and this development will change the neighborhood dramatically. He also had concerns with traffic issues and discussed the installation of the round -a -bout which he felt would create a bigger problem once complete. He also commented on the difficulty of exiting from the Walgreen's site now prior to the round -a -bout opening. Rich Meyer, owner of AE Jewelers, 1755 W. 7 th Avenue, stated that he supports the project. He built his establishment in 1999 and discussed the history of the site and the entrance on 7 th Avenue that used to provide access to the Red Robin's parking lot which has since been closed off He did not feel that 7 th Avenue should be blocked off from Koeller Street and suggested that the median strip could be shortened as he felt it was more of a hazard. There was not much traffic off of 7 th Avenue into the Plan Commission Minutes May 3, 2011 neighborhood and he would like to see the development have the 7 th Avenue access they were requesting as it would alleviate some of the flow of traffic onto 9 Avenue. Jim Mitchell, owner of both the insurance office at 1746 W. 9 Avenue and the home to the north at 1745 W. 7 th Avenue, stated that the sites were investment property for him and the current use of the site is not the proper use for this location. He further stated that the CVS Pharmacy was a more appropriate use and it would attract jobs and he felt it was important to encourage development. The development would beautify the corner and the developer has done all they can to separate the commercial site from the residential properties. He added that the development should be allowed access to 7 th Avenue as they have requested. Ann Froehlke, 625 Lilac Street, stated that she does not approve of the 7 th Avenue access as it would be located across from her home and that 1100 customers per day was too intense of a use for this area. She further commented that CVS was less than truthful about their project at the neighborhood meetings and the development was too big for the site. She also voiced her concerns about the traffic issues. Melissa Hoxtell, 511 S. Westfield Street, stated that she has lived there for 30 years and wants it to remain a residential neighborhood. She commented that she did not feel that the intersection of 9th Avenue and Koeller Street was comparable to the intersection at Witzel Avenue and Koeller Street as the 9 Avenue intersection has access to Highway 41 which makes it busier. Dennis Schwab, one of the property owners on the site to be acquired, stated that the long range plan for this area is for commercial use and the developer could work on revising their plans to address issues brought up today. He felt that the zone change should move forward today which would be a good compromise. Jeff Hoxtell, 511 S. Westfield Street, stated that he felt the commercially -zoned properties should be changed to residential and left that way. He commented on the vacated CVS building in Appleton and questioned what happens if the CVS business is not successful on this site. He also stated that he found the claim that there would only be one delivery per week to the loading dock area unbelievable. Linda Moore, 1311 Walnut Street, stated that her mother lives in the neighborhood and the fact that the store would be open 24 hours a day was not brought up as an option at the neighborhood meetings. She questioned if the installation of the berms would be enforced by the city and how well would it be maintained. Mr. Buck responded that the berms would have to be installed and maintained by the property owner. Will Steiner stated that the store is not scheduled to be open 24 hours a day at this time but they desired to have this as an option in the event that the business would be that successful. He also commented that the vacant CVS store in Appleton was not developed by CVS and the 1100 customers per day that was quoted may not be accurate. Adam Heindel, Excel Engineering, Inc., 100 Camelot Drive, Fond du Lac, petitioner for the request, added that they completed the traffic study and the 1100 customers per day was based on good performing stores and that both vehicle and pedestrian counts were included in this total. Mr. Hinz stated that as the two requests were separate items, he would support the zone change request as the Comprehensive Plan recommends commercial use for this area. Plan Commission Minutes 10 May 3, 2011 Mr. McHugh questioned if the neighbors present are aware that the Plan Commission is an advisory board only and does not have the final say on whether an item is approved or denied. Mr. Burich responded affirmatively. Ms. Propp stated that she had concerns with the project as a whole and therefore would not support the zone change due to concerns with the site plan. Mr. Thorns commented that he had concerns with the traffic and development plan for this site and although the Comprehensive Plan recommends commercial use for the area, he does not know if this is an appropriate use for the site. He also had concerns with changing the zoning on the site if this development does not go forward as it may cause other problems. Motion by Propp to approve a zone change from R -1 Single Family Residence District, R -2 Two Family Residence District and C -I Neighborhood Business District to C -2PD General Commercial District with a Planned Development Overlay at the 1700 blocks of West 71h and West 9th Avenues as requested. Seconded by Vajgrt. Mr. Hinz stated that the property owners that live there are looking to sell their land to commercial uses now and he felt they have rights that should be upheld by not denying the zone change to commercial use. Mr. Thorns questioned if the city was willing to change the area to C -2PD zoning without the proposed project moving forward. Mr. Burich responded that the property owners can request to be pulled from the zone change prior to Common Council approval if they desired to retain the current zoning classification on their property. Mr. McHugh stated that he sees some real problems with this proposal and felt that east bound turns from this area are difficult now. He further stated that the public will use neighborhood streets to get to where they want to go and the traffic signals that were at this intersection provided a gap in traffic for access. The round -a -bout, once complete, will eliminate this and he felt safety standards were an issue and that city planning staff from many years ago created problems with their planning decisions in this area. Motion carried 5-2. ( Ayes- ThomsI Fojtik /HinzlVajgrt/Nollenberger. Nays- Propp/McHugh. Mr. Thorns commented that for retail business, location access is important and the installation of the round -a -bout will not stop traffic like the signaled intersection did and this development may cause traffic issues. He also had concerns that traffic patterns could not be anticipated at this time until the round -a -bout is completed and the higher intensity of the CVS Pharmacy may not be the correct use for this site. He stated that he would not support the development plan for the site. Ms. Propp stated that if the Plan Commission did not want to approve this development, the properties should not have been rezoned. She further stated that she realized that CVS desired to be located near Walgreen's as they are a competitor and that the developers did a nice job of trying to make this work; however she felt that they would need access onto 7 th Avenue if the project was approved. Plan Commission Minutes 11 May 3, 2011 Mr. Hinz commented that he attended the neighborhood meetings held and felt that the developers did a commendable job with their plans however the traffic was so limited for the site and there were too many uncertainties regarding the development. He would not support the current plans as presented. Mr. McHugh stated that this should be a commercial area when a proposal is submitted that is more suitable for the site. Mr. Vajgrt agreed with the other Commissioners particularly with the medians that the DOT has designed at this intersection which limits access to the site. Mr. Thorns questioned what the Police and Fire Departments had concerns with this development on this site. Mr. Buck responded that they did not approve of the closing of 7 Avenue or the option of turning 7th Avenue into a one way street as both proposals would decrease response times to the neighborhood by limiting access. Mr. Nollenberger inquired if a turn lane could be created with relocating the rumble strip at the intersection. Mr. Gohde replied that center turn lanes are typically 14 feet wide and there is only 9 feet available where the rumble strip is located as right -of -way area is limited at this location. Mr. Burich questioned if there would be a way that CVS could provide additional right -of -way with a revision to their site plan. Mr. Gohde responded that the proper median width was not available to provide additional right -of- way. Ms. Propp voiced her concern that the zone change was approved and it did not sound like the development plan would be moving forward. Mr. Thorns commented that the Common Council has not yet approved of the zone change and it could be denied at their level. Mr. Burich stated that the zone change was consistent with the Comprehensive Plan and changing zoning classifications has been done in the past without approved development plans in place. The Planned Development designation protects the area from future development without Plan Commission and Common Council approval. Motion by Vajgrt to approve the planned development to allow development of a pharmacy /retail building with drive - through in 1700 blocks of West 71h and West 9th Avenues as requested with the following conditions: 1) Zone change from the existing zoning designation to a zoning with the Planned Development Overlay is approved. 2) Base standard modification to reduce the north front yard, west side yard and east transition side yard setbacks, as proposed. 3) No vehicle access from the site onto West 7rh Avenue. Plan Commission Minutes 12 May 3, 2011 4) Base standard modification to allow the loading area to be placed within a drive aisle and with reduced distance to residential lots, as proposed. 5) Base standard modification to permit sign located on West 9th Avenue to be 60 feet tall. 6) Final landscape plan include dense solid landscaping on the berm area as approved by the Department of Community Development. 7) Grading, erosion control and stormwater plans are approved by the Department of Public Works prior to issuance of building permits. Seconded by Thoms. Motion denied 0 -7. There being no further business, the meeting adjourned at approximately 6:25 pm. (Vajgrt /Thoms) Respectfully submitted, Darryn Burich Director of Planning Services Plan Commission Minutes 13 May 3, 2011