HomeMy WebLinkAboutWeekly Newsletter (3)
PLAN COMMISSION MINUTES
December 17, 2013
PRESENT: Ed Bowen, Jeffrey Thoms, Thomas Fojtik, John Hinz, Donna Lohry
EXCUSED: David Borsuk, Steve Cummings, Kathleen Propp, Robert Vajgrt, Karl Nollenberger
STAFF: Darryn Burich, Director of Planning Services; 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 presented. (Bowen/Thoms)
I. TWO-LOT LAND DIVISION/CERTIFIED SURVEY MAP AT THE 500 BLOCK OF
GROVE AND OAK STREETS
This request involves a two-lot land division/certified survey map from one existing condominium
parcel containing a total of 2.2954 acres (99,986 square 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 and surrounding area as well as the zoning
classifications and land use in said area. He explained that the original planned development was for a
condominium plat that consisted of four units however only two of the units have been developed and
the request for the land division is to split off the area where the two units have not been constructed.
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, the use would still be consistent with the
Comprehensive Plan.
Mr. Bowen asked to clarify that the original approval 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 four units in each structure.
Mr. Bowen then questioned if the planned development zoning classification was to be retained and if
a planned development amendment would have to be requested to change the originally approved
development for the subject site.
Mr. Buck responded affirmatively.
Mr. Bowen also inquired if the R-5 zoning classification would be an issue with a later development.
Mr. Buck indicated that it would not.
__________________________________
Plan Commission Minutes 1 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 being constructed on the remaining site and if they
would fit into the area.
Mr. Buck replied that there were no problems with the use even if they would be duplexes as there
currently are mixed uses in the neighborhood. He further stated that the architectural design was an
issue at the time of approval as the Commission wanted to see a design style that would fit with the
character of the developed neighborhood.
Kurt Koeppler, 40 W. Sixth Avenue, stated that he was the petitioner for the request and he desired to
clarify that the development plans had previously been amended and duplexes on the remaining site
were approved in the past.
Mr. Burich indicated that he did not recall that development being amended but it could have been
missed and staff would look into the matter.
Motion by Bowen to approve the two-lot land division/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 Recommended Land Use Map in the Comprehensive
Plan. The subject property is designated for commercial use; the applicant is requesting a change to a
residential land use designation.
IIB. ZONE CHANGE FROM M-3 GENERAL INDUSTRIAL DISTRICT 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 multiple-family apartment community.
Commission members decided to discuss and vote on both 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 reviewed the site as it currently exists and discussed the
storm water management plans for several of the properties in the vicinity of the subject site. He also
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 and 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 October to discuss this development and the potential to
request a land use amendment and zone change for the site. He reviewed the site plan for the proposed
residential structure and reviewed renderings of other developments constructed by the same developer
in other communities.
__________________________________
Plan Commission Minutes 2 December 17, 2013
Ms. Lohry questioned if there was industrial use on the site in the past, if the site could possibly be
contaminated.
Mr. Buck responded negatively and stated that the site 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 would have any impact on the storm water detention
plans for the surrounding sites.
Steve Gohde, Assistant Director of Public Works, replied 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 hinder 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 Properties, 112 E. North Avenue, Lake Bluff, Illinois,
stated that he was present for the workshop in October with the Plan Commission. He further stated
that the proposed development was for housing veterans which was defined as any individual who was
honorably discharged from military service. He further 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 were 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 something he usually would be supportive of as he
feels it addresses the needs of veterans and the mixed use in the Jackson Street corridor is also
something he finds favorable.
Motion by Thoms to approve the Comprehensive Land Use Map amendment and a zone change
from M-3 General Industrial District to R-3 Multiple 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 present 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 he felt the Commission should hold off on any
approvals for development in this area until a Jackson Street corridor plan was developed and the
zoning ordinance re-write was complete.
__________________________________
Plan Commission Minutes 3 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 felt that it was spot zoning a parcel in an important
commercial corridor for residential use. He also commented about the City’s current zoning code
ordinance and its lack of ability to address architectural design standards and although the City is
currently undergoing a re-write of this ordinance to address this, it is not complete at this time. He
further commented about the Family Dollar development 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 layout. He felt that the safest thing to do in this case
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 review and approval of the development prior to it
moving forward. He further commented that he did not 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 to be developed on the site.
Mr. Thoms stated that the R-3 zoning district allows multiple dwelling units without review in other
areas of the city regardless of the proposed plans providing the zoning district is consistent with the use
and he felt it would be over burdensome to expect this developer to have his project approved through
the Plan Commission and Common Council when it is not required for other developments.
Mr. Bowen indicated that he felt those circumstances were different as the property was zoned R-3 at
the time the developer purchased it and they were well aware of what could be done with it. In this
case, the developer is requesting a change in the zoning designation from M-3 to R-3 to allow the
development and there are no assurances of what will end up on the site.
Mr. Thoms also commented that he did not feel it was 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 would not have an issue with adding a planned
development overlay to the zoning classification proposed.
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 zoning is changed to R-3, the City will have no control
over the development and he felt the City has to protect 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-family housing project on the site without any
requirements for approval of the design of the development.
Mr. Hinz commented that it was discussed at the workshop in October and the development plans were
reviewed at that time however he agreed that the new 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 standards 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 regarding if this land use amendment and zone change were
approved, if he was 100% sure that the project would be developed.
__________________________________
Plan Commission Minutes 4 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 not 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 January 31, 2014.
Mr. Bowen commented that the planned development could 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 project 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 overlay 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 100% sure if it would be looked at less favorably
and the planned development overlay would require another necessary approval before the
development could move forward.
Mr. Thoms questioned how much of the design plans would have to be completed for the tax credit
application to be submitted.
Mr. Peterson responded that the site plan and general concepts for the development had to be complete
for the application.
Mr. Thoms suggested that if the developer worked with 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 Plan Commission meetings, the planned
development could go to both the Plan Commission and Common Council in January and still be
completed in time for the application deadline.
Mr. Thoms stated that with the change to R-3PD zoning classification, the conceptual designs could
still be prepared for the application and the design criteria would be the only thing the Plan
Commission would need to review to allow it to be forwarded 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 same 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 review the planned development at the January
stth
21 Plan Commission meeting which would go to the Common Council on January 28. This would
st
still allow the developer time to submit his application for the tax credits prior to the January 31
deadline.
__________________________________
Plan Commission Minutes 5 December 17, 2013
Mr. Peterson questioned what the probability was of the Common Council either tabling the request or
th
laying it over at the January 28 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 Use Map amendment and a zone change
from M-3 General Industrial District to R-3PD Multiple Dwelling District with a planned
development overlay for property located at 2490 Jackson Street.
Seconded by Hinz. Motion carried 5-0.
Mr. Burich commented that the planned development would come back to the Plan Commission on
st
January 21 for review for this project.
There being no further business, the meeting adjourned at approximately 4:45 pm. (Bowen/Hinz)
Respectfully submitted,
Darryn Burich
Director of Planning Services
__________________________________
Plan Commission Minutes 6 December 17, 2013