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HomeMy WebLinkAboutMinutes__________________________________ Plan Commission Minutes 1 December 17, 2013 PLAN COMMISSION MINUTES December 17, 2013 PRESENT: Ed Bowen, Jeffrey Thoms, Thomas Fojtik, Jo hn Hinz, Donna Lohry EXCUSED: David Borsuk, Steve Cummings, Kathleen Pr opp, Robert Vajgrt, Karl Nollenberger STAFF: Darryn Burich, Director of Planning Service s; David Buck, Principal Planner; Steven 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 November 19, 2013 were approved as p resented. (Bowen/Thoms) I. TWO-LOT LAND DIVISION/CERTIFIED SURVEY MAP AT TH E 500 BLOCK OF GROVE AND OAK STREETS This request involves a two-lot land division/certi fied survey map from one existing condominium parcel containing a total of 2.2954 acres (99,986 s quare feet). Sizes of the proposed lots are as follows: Lot 1 = 1.1312 Acres, 49,273 square feet Lot 2 = 1.1318 Acres, 49,303 square feet Right-of-Way = 0.0324 Acres, 1,410 square feet Mr. Buck presented the item and reviewed the site a nd surrounding area as well as the zoning classifications and land use in said area. He expl ained that the original planned development was for a condominium plat that consisted of four units howev er only two of the units have been developed and the request for the land division is to split off t he area where the two units have not been construct ed. He reviewed the certified survey map and commented that even if the vacant lots were to be developed with duplexes rather than the condominium units, th e use would still be consistent with the Comprehensive Plan. Mr. Bowen asked to clarify that the original approv al was for four condominium buildings consisting of 16 total units. Mr. Buck confirmed this and further stated that the planned development approved two buildings on Oak Street and two buildings on Grove Street with f our units in each structure. Mr. Bowen then questioned if the planned developmen t zoning classification was to be retained and if a planned development amendment would have to be re quested to change the originally approved development for the subject site. Mr. Buck responded affirmatively. Mr. Bowen also inquired if the R-5 zoning classific ation would be an issue with a later development. Mr. Buck indicated that it would not. __________________________________ Plan Commission Minutes 2 December 17, 2013 Mr. Thoms questioned if the development changes to a different use than what was originally proposed, were there any concerns with duplexes bei ng constructed on the remaining site and if they would fit into the area. Mr. Buck replied that there were no problems with t he use even if they would be duplexes as there currently are mixed uses in the neighborhood. He f urther stated that the architectural design was an issue at the time of approval as the Commission wan ted to see a design style that would fit with the character of the developed neighborhood. Kurt Koeppler, 40 W. Sixth Avenue, stated that he w as the petitioner for the request and he desired to clarify that the development plans had previously b een amended and duplexes on the remaining site were approved in the past. Mr. Burich indicated that he did not recall that de velopment being amended but it could have been missed and staff would look into the matter. Motion by Bowen to approve the two-lot land divisio n/certified survey map at the 500 block of Grove and Oak Streets. Seconded by Thoms. Motion carried 5-0. IIA. COMPREHENSIVE LAND USE PLAN MAP AMENDMENT FOR PROPERTY LOCATED AT 2490 JACKSON STREET The applicant is requesting an amendment to the Rec ommended Land Use Map in the Comprehensive Plan. The subject property is designated for comme rcial use; the applicant is requesting a change to a residential land use designation. IIB. ZONE CHANGE FROM M-3 GENERAL INDUSTRIAL DISTRI CT TO R-3 MULTIPLE DWELLING DISTRICT FOR PROPERTY LOCATED AT 2490 JACKSON STREET This request is for a zone change from M-3 General Industrial District to R-3 Multiple Dwelling District to facilitate the development of a multipl e-family apartment community. Commission members decided to discuss and vote on b oth the land use amendment and zone change as they were contingent upon each other. 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 revi ewed the site as it currently exists and discussed the storm water management plans for several of the pro perties in the vicinity of the subject site. He al so reviewed the 10 and 20 year Comprehensive Plan Land Use Map for the area and for the overall city. He discussed revisions to the Comprehensive Plan an d why they are necessary and explained the reasoning why most of the area along Jackson Street was mapped for commercial uses. He discussed the workshop that the Plan Commission had in Octobe r to discuss this development and the potential to request a land use amendment and zone change for th e site. He reviewed the site plan for the proposed residential structure and reviewed renderings of ot her developments constructed by the same developer in other communities. __________________________________ Plan Commission Minutes 3 December 17, 2013 Ms. Lohry questioned if there was industrial use on the site in the past, if the site could possibly b e contaminated. Mr. Buck responded negatively and stated that the s ite had already been cleared as far as contamination and that it appeared to currently be used as a contractor’s yard. Mr. Thoms inquired if this proposed development wou ld have any impact on the storm water detention plans for the surrounding sites. Steve Gohde, Assistant Director of Public Works, re plied that the City was not planning to acquire any portions of this site so the development should not impact any of the storm water management plans the City had for the other parcels. Mr. Thoms then inquired if the development would hi nder the City’s ability to construct the detention basins. Mr. Gohde responded that the City’s plans were for a large swale style pond in one area with a dry basin to the south and a wet basin to the north but the development would not create any issues with the storm water detention plans. Kyle Peterson, representing Herman & Kittle Propert ies, 112 E. North Avenue, Lake Bluff, Illinois, stated that he was present for the workshop in Octo ber with the Plan Commission. He further stated that the proposed development was for housing veter ans which was defined as any individual who was honorably discharged from military service. He fur ther commented that the renderings displayed earlier in the presentation by staff were developed in New Richmond and this proposed apartment development would be the same style of product but would be three stories rather than four. Ms. Lohry questioned how many bedrooms the units we re proposed to have. Mr. Peterson responded that the units were planned for both individuals and families and would be constructed with one to four bedroom units. Mr. Thoms commented that this type of project is so mething he usually would be supportive of as he feels it addresses the needs of veterans and the mi xed use in the Jackson Street corridor is also something he finds favorable. Motion by Thoms to approve the Comprehensive Land U se Map amendment and a zone change from M-3 General Industrial District to R-3 Multipl e Dwelling District for property located at 2490 Jackson Street. Mr. Hinz commented that he is a veteran himself and is happy to see this type of development and would also be supportive of the proposal. Seconded by Hinz. Mr. Buck stated that David Borsuk could not be pres ent today but wanted his comments shared with the Commission. Mr. Buck read email correspondence from Mr. Borsuk stating that he was opposed to both the land use amendment and zone change as h e felt the Commission should hold off on any approvals for development in this area until a Jack son Street corridor plan was developed and the zoning ordinance re-write was complete. __________________________________ Plan Commission Minutes 4 December 17, 2013 Mr. Bowen commented that he also supports projects that benefit veterans however he has an issue with this very specific site plan and concept and f elt that it was spot zoning a parcel in an importan t commercial corridor for residential use. He also c ommented about the City’s current zoning code ordinance and its lack of ability to address archit ectural design standards and although the City is currently undergoing a re-write of this ordinance t o address this, it is not complete at this time. H e further commented about the Family Dollar developme nt recently completed on Jackson Street and the unattractive structure as it was located in an area of straight commercial zoning which required no input from the Plan Commission on design. He felt that a change to R-3 zoning without a planned development overlay would allow for this project to move forward without any review from the Plan Commission on design standards or the site plan lay out. He felt that the safest thing to do in this c ase would be to change the zoning classification to R3-PD rather than just R-3 as the planned development overlay would give the City more control on the rev iew and approval of the development prior to it moving forward. He further commented that he did n ot have issues with the proposed development but the zoning ordinance as it currently exists is blind to architectural design and he would like assurance that what is presented is what is going t o be developed on the site. Mr. Thoms stated that the R-3 zoning district allow s multiple dwelling units without review in other areas of the city regardless of the proposed plans providing the zoning district is consistent with th e use and he felt it would be over burdensome to expect t his developer to have his project approved through the Plan Commission and Common Council when it is n ot required for other developments. Mr. Bowen indicated that he felt those circumstance s were different as the property was zoned R-3 at the time the developer purchased it and they were w ell aware of what could be done with it. In this case, the developer is requesting a change in the z oning designation from M-3 to R-3 to allow the development and there are no assurances of what wil l end up on the site. Mr. Thoms also commented that he did not feel it wa s spot zoning the parcel as there were parcels with R-3 zoning designations right behind this site and he felt the M-3 zoning classification was inappropriate for the property. He added that he w ould not have an issue with adding a planned development overlay to the zoning classification pr oposed. Mr. Bowen stated that he is trying to deal with the reality of the City’s zoning ordinance code which does not address design standards and once the zoni ng is changed to R-3, the City will have no control over the development and he felt the City has to pr otect itself. He also had concerns if the project did not reach the stage of development, it would leave the property with a straight R-3 zoning classification that would allow another multiple-fa mily housing project on the site without any requirements for approval of the design of the deve lopment. Mr. Hinz commented that it was discussed at the wor kshop in October and the development plans were reviewed at that time however he agreed that the ne w zoning code re-write will rectify some of the issues the City is currently dealing with as far as design standards on property without a planned development overlay. Mr. Burich agreed that architectural design standar ds have been an issue in the community and hopefully the zoning code re-write will address the concerns. He further stated that this was a tax credit project and questioned Mr. Peterson regardin g if this land use amendment and zone change were approved, if he was 100% sure that the project woul d be developed. __________________________________ Plan Commission Minutes 5 December 17, 2013 Mr. Peterson responded that he was fairly confident about the project however since it was depending on tax credits; there was a chance that it could no t get the necessary funding as there were no guarantees that their application would be approved . Mr. Bowen questioned when the deadline was for the tax credit submission. Mr. Peterson responded that the deadline was Januar y 31, 2014. Mr. Bowen commented that the planned development co uld be processed on a fast track and still leave the developer adequate time to meet this deadline. Ms. Lohry stated that she liked the proposed projec t and was supportive of it but would also support adding the planned development overlay to the zone change to allow for further review. Mr. Thoms inquired if the planned development overl ay is placed on the zoning classification, how it affects the tax credit status of the project. Mr. Peterson replied that as long as the R-3 zoning designation is in place, the project could move forward with the application; however he was not 10 0% sure if it would be looked at less favorably and the planned development overlay would require a nother necessary approval before the development could move forward. Mr. Thoms questioned how much of the design plans w ould have to be completed for the tax credit application to be submitted. Mr. Peterson responded that the site plan and gener al concepts for the development had to be complete for the application. Mr. Thoms suggested that if the developer worked wi th the planning staff on the details of the project , it should lessen the amount of issues that the Plan Commission may have with approval of the project as a planned development. Mr. Buck commented that due to the timing for the P lan Commission meetings, the planned development could go to both the Plan Commission an d Common Council in January and still be completed in time for the application deadline. Mr. Thoms stated that with the change to R-3PD zoni ng classification, the conceptual designs could still be prepared for the application and the desig n criteria would be the only thing the Plan Commission would need to review to allow it to be f orwarded to the Common Council for approval. Mr. Buck indicated that staff would try to run the planned development, the zone change, and the Comprehensive Plan land use revision all at the sam e Common Council meeting. Mr. Burich added that the other option would be to ask the Common Council to approve the zone change now without the planned development overlay and it could be added at a later date or add the planned development overlay to the zoning now and r eview the planned development at the January 21 st Plan Commission meeting which would go to the Comm on Council on January 28 th . This would still allow the developer time to submit his applic ation for the tax credits prior to the January 31 st deadline. __________________________________ Plan Commission Minutes 6 December 17, 2013 Mr. Peterson questioned what the probability was of the Common Council either tabling the request or laying it over at the January 28 th meeting. Mr. Burich responded that it should not be an issue . Mr. Thoms stated that he would amend his motion for approval of the zone change to include a planned development overlay. Motion by Thoms to approve the Comprehensive Land U se Map amendment and a zone change from M-3 General Industrial District to R-3PD Multi ple Dwelling District with a planned development overlay for property located at 2490 Ja ckson Street. Seconded by Hinz. Motion carried 5-0. Mr. Burich commented that the planned development w ould come back to the Plan Commission on January 21 st for review for this project. There being no further business, the meeting adjour ned at approximately 4:45 pm. (Bowen/Hinz) Respectfully submitted, Darryn Burich Director of Planning Services