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HomeMy WebLinkAboutMinutes PLAN COMMISSION MINUTES February 5, 2013 PRESENT: David Borsuk, Ed Bowen, Jeffrey Thoms, Thomas Fojtik, John Hinz, Steve Cummings, Kathleen Propp, Donna Lohry, Robert Vajgrt, Karl Nollenberger EXCUSED: none STAFF: Darryn Burich, Director of Planning Services; David Buck, Principal Planner; Steve Gohde, Assistant Director of Public Works; Allen Davis, Director of Community Development; Steven Schwoerer, City Assessor; 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 January 15, 2013 were approved as presented. (Nollenberger/Vajgrt) IA. ZONE CHANGE FROM R-1 SINGLE FAMILY RESIDENCE DISTRICT TO C-1 NEIGHBORHOOD BUSINESS DISTRICT FOR PROPERTY LOCATED AT 1820 VINLAND STREET The request is for a zone change from R-1 Single Family Residence District to C-1 Neighborhood Business District to allow a Conditional Use request for the development of the third of three assisted living/residential care facilities. IB. CONDITIONAL USE PERMIT TO DEVELOP AN ASSISTED LIVING AND RESIDENTIAL CARE FACILITY ON PROPERTY LOCATED ON 1804-1820 VINLAND STREET (NORTHEAST CORNER OF VINLAND STREET AND WEST MURDOCK AVENUE) The applicant is requesting a Conditional Use Permit (CUP) to develop an assisted living and residential care facility as home for frail elderly and disabled adults, with associated site improvements. The above two items were presented together as the zone change and conditional use permit are integrated as the conditional use permit is contingent upon approval of the zone change. Mr. Bowen arrived at 4:04 pm. Mr. Buck presented the items and reviewed the site and surrounding area as well as the zoning classifications and land use in said area. He stated that the proposal is consistent with the Comprehensive Plan with the approval of the conditional use permit and reviewed the site plan and elevations for the development. He discussed pedestrian walkways, fencing, patio area and public sidewalks and reviewed the conditions recommended for this request noting that condition #6 had been added since the staff reports were mailed allowing a base standard modification for the at-grade patio placement. Mr. Thoms questioned if there was any intent to extend Walnut Street out to W. Murdock Avenue. __________________________________ Plan Commission Minutes 1 February 5, 2013 Mr. Buck responded that there was not at this time however it was still City right-of-way. Mr. Burich added that the petitioner was not requesting that the City vacate this right-of-way area. Mr. Thoms also questioned if the drive access on Vinland Street was far enough back from the intersection of Murdock Avenue and if it had sufficient width. Mr. Buck responded affirmatively to both inquiries. Mr. Thoms stated that the condition relating to the fence or landscape element on the north side of the development does not provide a height and length requirement of the fencing to be installed. Mr. Buck indicated that since the fence or landscape element was meant to serve as a screening feature between this development and the residential use to the north, staff’s intent was to cover the entire area. He did note that the fence could be no more than six feet high and would be required to drop down to no more than four feet prior to reaching the drive access. Mr. Thoms commented that he felt condition #3 should be amended to include that the fence would be a minimum of six feet high and extend as far as the property is allowed. Ms. Lohry stated that she did not like the parking lot located in the front of the building in a gateway to a residential area and that it would be more aesthetically pleasing if the parking was located in the rear of the development. Mr. Bowen questioned under what circumstance Walnut Street would be constructed to extend to Murdock Avenue. Mr. Buck responded that the city had no plans to extend it unless the residents in the area requested it. Steve Gohde, Assistant Director of Public Works, added that construction of Walnut Street was not likely in the near future and unless fire access or traffic flow demanded it, the only other factor was if utilities needed to be placed there. Mr. Bowen commented that with the vacating of Walnut Street, the site plan could be reconfigured as he did not like to orient the parking lot near the residential uses in the area. Mr. Buck replied that the first set of plans for the development had the facility oriented in the same fashion as the other two complexes however due to the utilities in the Walnut Street area, construction could not be placed there and the site plans had to be reconfigured. Mr. Gohde added that discussion also took place regarding the cul-de-sac bulb that would have to be constructed at the terminus of Walnut Street, if vacated, which would take up too much of the buildable area. Tom Schertz, 1832 Vinland Street, stated that he was concerned with water issues from the drainage for this development and did want a six foot fence along the property line however he did not want a chain link fence. He further stated that shrubs would be great along the property line and he also had concerns about his sump pump line in front of his house as it extends from his house into the front of 1820 Vinland Street and he does not want it damaged during this development. He stated he had an agreement with the property owner of 1820 Vinland Street to allow his sump pump to come through __________________________________ Plan Commission Minutes 2 February 5, 2013 their property and run out to the street from that point. He also commented that he was not happy with the refuse enclosure in the front of the property and questioned if his taxes would decrease due to the commercial use adjacent to his parcel. Steven Schwoerer, City Assessor, responded that the property taxes should not be affected by this development as it is not an intensive use and the value of Mr. Schertz’s property should not decrease. Sue Schertz, 1832 Vinland Street, commented that they bought their property next to residential uses and feels that the property will be de-valuated due to this development. She further stated that she would prefer a solid wood fence along the property line and she had concerns as well about the drainage from this development flowing onto their property. Tom Schertz added that the parking lot area was going to cause runoff onto their lot and they will also be losing a large amount of trees that are currently on the two parcels. Mr. Thoms inquired if the storm water runoff would need to be controlled and maintained on the development site. Mr. Burich responded the storm water runoff should not be an issue as storm water management and grading plans would be required to be submitted and approved by the Department of Public Works and any storm water has to be contained within the development parcel. Mr. Thoms then questioned the issue of Mr. Schertz’s sump pump draining through the property at 1820 Vinland Street. Mr. Burich indicated that this was a legal matter and he could check with the City Attorney however it appears to be an issue between the two property owners. Mr. Thoms reiterated that condition #3 should be amended to address the fence be six feet in height. Mr. Buck questioned if the Commission was requesting a solid fence only and no landscaping screening element. Mr. Hinz responded that the amendment was to address that the screening be a minimum of six feet in height and noted that the conditions are related to Item IB only. Motion by Nollenberger to approve the zone change from R-1 Single Family Residence District to C-1 Neighborhood Business District for property located at 1820 Vinland Street. Seconded by Vajgrt. Motion carried 9-0. Motion by Vajgrt to approve the conditional use permit to develop an assisted living and residential care facility on property located on 1804-1820 Vinland Street with the following amended conditions: 1)Private pedestrian walk connect to a public walk on West Murdock Avenue and/or Vinland Street. 2)Base standard modification to allow the refuse enclosure to be located in front of the building. 3)A minimum six foot high solid fence or landscape element is included at the north property line running the full length of the lot as allowed by code to act as a screen for the development. __________________________________ Plan Commission Minutes 3 February 5, 2013 4)The proposed fencing along West Murdock Avenue is adjusted to follow the placement of the public sidewalk. 5)If wet ponds are used, the detention basins are to be designed without rip rap above the water line and native plants to be planted on the side slopes of the basin and emergent plants on the safety shelf with final design to be approved by the Department of Community Development. 6)Base standard modification to allow at-grade patio within 12 feet of rear lot line. Seconded by Borsuk. Motion carried 9-0. II. ZONE CHANGE FROM C-1 NEIGHBORHOOD BUSINESS DISTRICT WITH PLANNED DEVELOPMENT OVERLAY AND R-2 TWO FAMILY RESIDENCE DISTRICT TO R-3 MULTIPLE DWELLING DISTRICT WITH PLANNED DEVELOPMENT OVERLAY FOR PROPERTY LOCATED AT THE 4300 BLOCK OF JACKSON STREET This request is for a zone change from C-1 Neighborhood Business District with Planned Development Overlay and R-2 Two Family Residence District to R-3 Multiple Dwelling District with Planned Development Overlay. Mr. Burich presented the item and reviewed the site and surrounding area as well as the zoning classifications and land use in said area. He also reviewed the initial site plan for a multi-family development planned for this area which is being refined at this time and will be presented for consideration at the next Plan Commission meeting. He further stated that the land use is consistent with the Comprehensive Plan and reviewed the Parkview Heights preliminary plat which was previously considered however it was never developed. Robert McKay, 80 Kope Avenue, stated that he lived in this undeveloped area for a long time and Kope Road is in bad condition. He commented that he checked into schools in the area as well as vacant sites around the property prior to purchasing his home and was told that future development would be single family homes. He recently checked with the property manager of the apartments to the north of the proposed development site who indicated that they have a one-third to one-half percent of their units vacant and he did not see the need for more apartments in this area. He voiced his concerns with the development de-valuating the single family homes on Kope Avenue and stated that he did not object to single family homes or duplexes but did not want apartment buildings in his backyard. He further discussed that their neighborhood has experienced a lot of hardships over the years and when the duplexes to the south came forward for approval, the neighbors all objected and the development plans were approved regardless. He reiterated that this development will de-valuate their properties and stated that he had deeded access to Winnebago County Park and that this development could not interfere with his access. He also discussed his concerns with safety issues from the apartment complex’s tenants and that he would like his neighborhood to grow with single family homes and not apartments. Peter Lang and Grant Schwab were present representing the developers for the proposal. Mr. Lang stated that they do have access for five feet along the development for sidewalks extending to Winnebago County Park and their development contains a lot of green space in its plans. He further stated that all the units would have attached garages and would be a good development for the community. Ms. Propp questioned if they owned Kope Avenue as it was not a public street. __________________________________ Plan Commission Minutes 4 February 5, 2013 Mr. Schwab responded that Kope Avenue was owned by his father who was working with First National Bank to resolve the issues regarding its condition. Mr. Burich added that Kope Avenue is a private road and it would be required to be extended an additional 30 feet in width to make it a public street that would be maintained by the city. Ms. Propp then questioned if there would be access to the potential development from the north. Mr. Burich responded affirmatively. Mr. Schwab stated that the detention pond included on their development site would help alleviate flooding issues in the area as well as the large amount of green space to be incorporated on the site. He further stated that they are not developing as many units as possible on the site and the layout of the development places the apartment buildings as far as possible from the existing homes on Kope Avenue. Mr. Cummings inquired about the size of the trees for the potential development. Mr. Burich responded that the size and quantities of landscaping are dictated by code requirements. Mr. Buck added that the zone change was the only item being considered today and the planned development would be coming forward for discussion at the next Plan Commission meeting. Mr. Schwab commented that the area being requested for the zone change was currently zoned R-2 Two Family Residence District and C-1 Neighborhood Business District and not R-1 Single Family Residence District. Mr. Cummings questioned if anyone has reviewed the market research supporting the need for the apartment development. Mr. Schwab indicated that their company has a 0 to 2% vacancy rate in their apartments and these units will rent for $700-$800 per month and will be occupied by nice tenants. Mr. Burich added that the city does not typically look at market research for a development project unless the city is investing money in the project as part of a tax incremental financing district. Motion by Bowen to approve the zone change from C-1 Neighborhood Business District with planned development overlay and R-2 Two Family Residence District to R-3 Multiple Dwelling District with planned development overlay for property located at the 4300 block of Jackson Street. Seconded by Borsuk. Motion carried 9-0. III. PUBLIC HEARING ON PROPOSED CREATION OF TAX INCREMENT DISTRICT #26 AVIATION BUSINESS PARK: DESIGNATION OF BOUNDARIES AND APPROVAL OF PROJECT PLAN TID #26 is being proposed to facilitate the creation of a new industrial park on the City’s southeast side adjacent to Wittman Regional Airport. The new 82 acre industrial park will be named the Aviation Business Park with the intent of marketing the park for aviation related industry due to proximity and direct access to the airport facility. __________________________________ Plan Commission Minutes 5 February 5, 2013 The Project Plan includes a statement listing the kind, number, and location of proposed improvements. It contains an economic feasibility study, a detailed list of estimated project costs and timing of those costs as well as a method of financing. The Project Plan identifies various district costs with the majority of costs going into physical development of public infrastructure within the park estimated at approximately $4.5 million. Mr. Cummings left at 4:55 pm. Mr. Buck presented the item and reviewed the site and surrounding area and the details of the project plan. He described how the public improvements would be handled and reviewed the site plan for the proposed business park. He stated that the land use was consistent with the Comprehensive Plan and discussed the job creation that would be generated due to the development of the industrial park. Mr. Borsuk inquired what the area was designated for as far as land use in the Comprehensive Plan. Mr. Burich responded that the area was designated for manufacturing use from the area of the proposed industrial park and to the south with the only residential area being located to the east. This was reflected in the current and previous Comprehensive Plans. Mr. Borsuk commented that the area had been designated for manufacturing use since the 1990’s. Mr. Thoms questioned if anything had changed since the 90’s that would cause concerns such as limitations on height of buildings near the airport. Mr. Burich indicated that it was rated as an Air Three zone and prohibited new residential uses in this area however height limitations were not significant. Mr. Fojtik inquired what type of uses would be allowed in the district. Mr. Buck responded that the district would have an M-3 General Industrial District zoning classification with a planned development overlay. Mr. Fojtik questioned if the area would be limited to airport industry uses only. Mr. Burich replied that it would not and that it may develop slower than normal industrial parks however there is a demand and necessity for industrial lands adjacent to the airport. Mr. Thoms commented that he thought it sounded similar to a deal that Winnebago County recently turned down. Mr. Burich indicated that the land area is being brought into the city and will be going to the Common Council for action on annexation at their next meeting. Mr. Thoms questioned if the access for the runway would be going through County property. Mr. Burich responded affirmatively. Ms. Propp commented that the numbers in the project plan were smaller than she anticipated. __________________________________ Plan Commission Minutes 6 February 5, 2013 Mr. Burich indicated that it was due to the fact that the land was valued as agricultural lands and thus significantly reduced in value to this agricultural use exemption. Mr. Bowen commented that Red Oak Court was a residential island in the Town of Nekimi and questioned if the approval for this subdivision came through the extraterritorial process of review. Mr. Burich replied that he did not know as it was developed prior to his employment with the City but it could not be replicated now as the recommended land use plans for the area surrounding it are manufacturing uses only. Mr. Bowen commented that we should be sensitive to the property values of the residential uses in this area and could consider relocating the detention basin planned for the industrial park as well as being aware of the residential uses when developing the park. Mr. Fojtik opened the public hearing for comment at 5:07 pm. John Terzynski, Red Oak Court, stated that when he purchased his property he was concerned with good neighbors and he felt the detention basin should be turned to buffer the residents on Red Oak Court. He further stated that homes were built and lot layouts were changed afterward and the City has created a residential island in this area. He was looking for neighbors who will respect their properties and property values and the industrial park will not be attractive and he would like to see large buffers protecting their residences. The City is moving into their neighborhood and pushing too much into this area and heavy industrial uses without restrictions are not good for the residents on Red Oak Court. He felt that bike paths and sidewalks should be installed with green space as a component. He voiced his concerns with more traffic in their neighborhood and commented on the number of business buildings that existed within the city that are unoccupied. Larry Last, 3827 Red Oak Court, questioned if the city has purchased the property and stated that an aviation park is not a good business venture at this time. He also questioned if the property has been annexed into the city and suggested that more research be done on it. He stated his concerns with what kind of provisions would be made to mitigate noise and garbage issues, etc. and that it would change their rural lifestyle. The airport was there when he bought his house but he felt their residential uses needed some protection. Mr. Bowen left at 5:18 pm. Allen Davis, Director of Community Development, stated that the City and County have accepted offers which would be proceeding to the Common Council at the end of February or the beginning of March and the annexation of the lands was in progress now. William Schumacher, 253 Brenland Road, stated that he built his house 25 years ago when the area was rural and he moved out there to get away from the noise, flooding, and other problems in the city. He felt the plans coming about now were frustrating and questioned where the road coming off of Oregon Street extending to the west would be located. Mr. Buck responded that the road would be going through an area that is currently farm land. Mr. Schumacher then stated he had concerns with being annexed into the city. __________________________________ Plan Commission Minutes 7 February 5, 2013 Mr. Burich explained the process of attachments according to the boundary agreement with the City and the Town of Nekimi which entails a ten year delay to attach a property to the City when 70% of the surrounding lands are within the City for certain sections of the Town. Mr. Schumacher commented that there were water problems in this area and displayed the area on the map where the water flowed when flooding occurred. He questioned if it will go into the detention basin in the proposed industrial park and if it will be capable of containing it. He also voiced his concerns with noise, lights, and traffic issues and commented that he was disappointed in these developments. He felt the expansion area was disturbing and the layout for the perimeter of the airport had changed. He questioned if the City was going to buy out their properties to the east of the industrial park and felt that a berm could be considered to protect their residences. He also commented about his taxes going up and flooding concerns. Mr. Davis indicated that the storm water would all be directed to the detention basin which will control the runoff and direct it toward Ripple Road therefore not flooding any neighboring properties. The planned development overlay zoning designation will allow development to be reviewed by the Plan Commission and Common Council at which time adjacent property owners concerns could be addressed. Mr. Thoms inquired if any considerations were given to protect the housing subdivision. Mr. Davis responded that the detention basin’s location was based on the topography of the area and its planned location was the low point in said area. Mr. Thoms also inquired if the industrial park gets planned as an overall property or is it reviewed and approved as each development comes in. Mr. Davis replied that the City has no developments planned for the park at this time and the only improvements we are aware of are shown on the map. The detention basin needs to be located as far as possible from the airport and the road is the only other improvement to be done by the City. There are no specifications on design or green space at this time. Mr. Thoms felt that the City should look at laying out boundaries of the district rather than wait until development comes along to deal with it. Ms. Lohry questioned what the distance was from the cul-de-sac on Brenland Road to the proposed industrial park. Mr. Davis responded that the proposed industrial park would be approximately 1700 feet from Oregon Street therefore about 400 feet from the cul-de-sac. Ms. Lohry commented that something needs to be done to provide a buffer area for the residential uses. Mr. Davis replied that there is a well established tree line in this area as well as wetlands present on the site. Mr. Hinz questioned if the County owns the land to the west of the proposed industrial park, how much input will the City have on it. __________________________________ Plan Commission Minutes 8 February 5, 2013 Mr. Davis indicated that the County would require the City’s approval for a conditional use permit for proposed uses in this area. Terry Wesenberg, south of Brenland Road, questioned who was going to maintain the property while waiting for it to be developed. Mr. Burich responded that some industrial park land is typically leased for farming purposes before development occurs depending on the circumstances. Marty Waite, 4601 Oregon Street, stated he owns property to the south of the proposed industrial park area and the water issues discussed previously extend to the south as well. Sheree Zellner, 3669 Oregon Street, commented that the neighborhood used to be quiet and now they are surrounded by industrial uses and described some of the businesses located in the area. She further stated that the original aviation plan was to be utilized for aviation purposes however the industries that have moved into the area are not aviation related. She also voiced her concerns with traffic flow and Oregon Street going from four lanes to two lanes near their house and what is going to happen to the road situation with more traffic in the neighborhood. She felt there were safety issues to be addressed. Bart Brouillette, 3891 Red Oak Court, stated that he had some of the same concerns as his neighbors and assumed their properties will be annexed into the city eventually. Eric Dvorachek, 3843 Red Oak Court, stated that he did not receive a notice about the proposed TID district and that he heard about it from one of his neighbors. He commented that the city shouldn’t wait until development happens to plan on being good neighbors. Linda Schumacher, 253 Brenland Road, stated that she was concerned with the water flow from this development as flooding was an issue in this area and the factories and additional roadway will make the flooding issues worse. She questioned if the City would be paying for damages if her basement floods and stated her concerns about her well. She also commented about the workers that would be employed at these establishments and where they would be going during lunch and if they would be trespassing on residential properties in the area. She felt that since there could be 1500 workers on this site, that safety issues should be a concern. She also commented that she didn’t get a meeting notice regarding this either and she thought this area was to remain residential. Mr. Fojtik closed the public hearing at 5:50 pm. Mr. Thoms questioned if each development would be required to have detention basin facilities. Mr. Burich responded that in industrial parks there is a regional detention basin that serves the entire park and runoff from each individual site need to be directed to the basin. Mr. Thoms then questioned how we know if the basin is going to adequately handle all the storm water runoff from each site. Mr. Gohde replied that an assumption is made based on the amount of buildable area and each development is allowed to pave areas based on a percentage of that and further described the process of how this is calculated. __________________________________ Plan Commission Minutes 9 February 5, 2013 Mr. Thoms commented that the Commission needs to look at if this is appropriate land use and not the financial end of this proposal but stated that he was disappointed by the way industrial parks are developed. He felt the City should strategically develop topography before properties are sold and developed as it would allow the development to flow better with the surrounding area. He also commented that he had issues with using a large amount of general obligation debt for this project. Ms. Lohry questioned how the 80 acres of land in the proposed industrial park will be divided. Mr. Burich responded that in most industrial parks the area is left as one large parcel until lots are sold for development. Ms. Lohry then questioned if the City could make the area into a park while waiting for the area to be developed. Mr. Burich indicated that this would add significant costs to the debt for this project and it is all site graded currently and engineering sites prior to development beginning would not be practical. The planned development overlay will help control what is developed on these lands and the basic perimeters are laid out only at this time. Mr. Nollenberger commented that there could be design standards added for landscaping for proposed industrial parks. Mr. Borsuk stated that the Commission should be considering if this is a good plan and if it is consistent with the City’s Comprehensive Plan and there would be time to consider other details at a later date. The industrial park has covenants and could develop additional covenants if necessary and hopefully will have aviation industry business willing to develop these sites. Motion by Borsuk to approve Tax Increment District #26 Aviation Business Park designation of boundaries and approval of the project plan. Seconded by Vajgrt. Motion carried 8-0. Mr. Hinz commented that the planned development overlay gives the city a lot of control over future development and approval of the boundaries and project plan for the district is basic planning at this point and new residential uses in this area is not an option near the airport. Ms. Lohry stated that she would support this request with reservations as she felt it was time to start looking at plans with a more aesthetic view. Mr. Thoms commented that staff needs to start taking things such as design standards into consideration regarding neighboring properties and the approval of the industrial park without more specific guidelines leaves most decisions for future Plan Commission members to undertake. Mr. Fojtik stated that the Commission can look at other industrial park areas in the city when considering future development plans for this area. There being no further business, the meeting adjourned at approximately 6:08 pm. (Vajgrt/Hinz) Respectfully submitted, Darryn Burich Director of Planning Services __________________________________ Plan Commission Minutes 10 February 5, 2013