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HomeMy WebLinkAboutMinutes PLAN COMMISSION MINUTES June 4,2019 PRESENT: Lynnsey Erickson, Thomas Fojtik, Derek Groth,John Hinz,Justin Mitchell, Lori Palmeri, Kathleen Propp EXCUSED: Michael Ford,John Kiefer STAFF: Mark Lyons, Planning Services Manager;Jeff Nau, Associate Planner;Brian Slusarek,Assistant Planner;Mina Kuss, 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 May 21,2019 were approved as presented. (Hinz/Palmeri) I. DELETE PORTION OF OFFICIALLY MAPPED RIVERWALK ALONG THE SOUTH SHORE OF THE FOX RIVER FROM IOWA STREET TO APPROXIMATELY 336 FEET EAST OF OREGON STREET Site Inspections: Report: Ms. Palmeri reported visiting the site. Staff report accepted as part of the record. The city requests the deletion of a portion of officially mapped riverwalk along the south shoreline of the Fox River from Iowa Street to approximately 336 feet east of Oregon Street. Mr. Nau presented the item and reviewed the site and surrounding area. In 2006 the Common Council adopted the Fox River Corridor Riverwalk Plan to provide facilities for pedestrian and bicycle circulation, improve public access to the Fox River and encourage redevelopment of the city's riverfront. In 2008, the Common Council approved the official mapping for riverwalk along the south shore of the Fox River from Oregon Street to S. Main Street. In 2009, additional riverwalk was officially mapped from Iowa Street to Oregon Street. The mapping, which was a goal of the plan,was used as a means to ensure no development or inappropriate improvements take place within the mapped area that would interfere with the riverwalk development. Beginning in 2005, the city started construction of the riverwalk in stages, starting on the north shore of the river at the Leach Amphitheater then heading west. Over the course of several years, riverwalk construction continued, reaching Wisconsin Street and the start of construction along the south shore of the river in 2010. The south shore riverwalk construction proceeded easterly and in 2017, the segment east of Oregon Street was constructed. The city acquired the land containing the riverwalk,however, the official mapping area extends beyond the area owned by the city. The property owner approached the city to delete the official mapping from their property to avoid any hindrances the mapping may cause to redevelop the site. With the riverwalk being Plan Commission Minutes 1 June 4,2019 constructed, the official mapping on the subject property no longer serves any purpose and staff is supportive of the proposed official map deletion. Mr. Fojtik opened up technical questions to staff. Ms. Propp asked if the officially mapped areas south of the bridge would be needed if the Oregon Street bridge is rebuilt. Mr. Nau replied the city has officially mapped both sides of Oregon Street for additional right-of- way. He believes it is about 20 feet wide. Ms. Propp questioned if that would be sufficient room for the bridge depending on the configuration. Mr. Nau replied it would be. Mr. Fojtik asked for any public comments and asked if the applicant wanted to make any statements. There were no statements from the applicant There were no public comments on this item. Mr. Fojtik closed public comments and asked if the applicant wanted to make any closing statements. There were no closing statements from the applicant Motion by Hinz to adopt the findings and recommendation as stated in the staff report. Seconded by Palmeri. Mr. Fojtik asked if there was any discussion about the motion. There was no discussion on the motion. Motion carried 8-0. II. EXTRATERRITORIAL TWO-LOT LAND DIVISION/CERTIFIED SURVEY MAP AT 265 W. RIPPLE AVENUE IN THE TOWN OF NEKIMI Site Inspections: Report: No commissioners reported visiting the site. Staff report accepted as part of the record. Plan Commission Minutes 2 June 4,2019 Two-lot land division/certified survey map from one existing 28.075 acre parcel. Sizes of the proposed lots are as follows: Lot 1 =5.000 Acres Lot 2=23.075 Acres Mr. Nau presented the item and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. The purpose of this land division is to separate the existing home and outbuildings from the agriculturally-used land. The applicant did not indicate any plans for sale or development of the land. Land divisions such as these are quite common as it gives property owners greater flexibility for future use of the agricultural portion of the land. The proposed two-lot land division will not immediately alter the existing land use patterns in the area. Although the Comprehensive Plan recommends industrial use, the proposed land division will not hamper the ability for future development of the land per the Plans industrial land use recommendation. The Department of Public Works has reviewed the proposed two-lot land division and did not have any additional concerns. Mr. Fojtik opened up technical questions to staff. There were no technical questions on this item. Mr. Fojtik asked for any public comments and asked if the applicant wanted to make any statements. Dennis Green(applicant), 827 W. Fond du Lac Street of Ripon, said he is the owner of Ripon Land Surveying. He said most likely at this time, a family member will be living in the newly created Lot 1. He said Lot 2 will be used for agriculture. There were no other public comments on this item. Mr. Fojtik closed public comments and asked if the applicant wanted to make any closing statements. There were no closing statements from the applicant Motion by Propp to adopt the findings and recommendation as stated in the staff report. Seconded by Perry. Mr. Fojtik asked if there was any discussion about the motion. There was no discussion on the motion. Motion carried 8-0. Plan Commission Minutes 3 June 4,2019 III. STREET RIGHT-OF-WAY DEDICATION AT THE 100 BLOCK OF W.WAUKAU AVENUE Site Inspections: Report: No commissioners reported visiting the site. Staff report accepted as part of the record. The applicant requests the acceptance of street right-of-way on the north and south sides of W. Waukau Avenue, approximately 750 feet east of Oregon Street. Mr. Nau presented the item and reviewed the site and surrounding area. Waukau Avenue is classified as an Urban Collector;the Comprehensive Plan and Subdivision Regulations recommend an 80-foot right-of-way for Urban Collector streets. This enables construction of up to a 48-foot wide street with ample space reserved for public sidewalk and terrace space. This dedication was initiated when Hydrite Chemical submitted two Certified Survey Maps for their properties on both sides of W. Waukau Avenue. During staff review and follow-up discussions with Hydrite, Hydrite agreed to dedicate the additional right-of-way as recommended by the Comprehensive Plan and Subdivision Regulations. This request will dedicate a seven-foot wide strip approximately 156 feet long while the south side will dedicate a seven-foot by 520-foot strip. This will widen this section of W. Waukau Avenue to an 80 foot right-of-way from its current 66-foot width. Mr. Fojtik opened up technical questions to staff. There were no technical questions on this item. Mr. Fojtik asked if there were any public comments. There were no public comments on this item. Mr. Fojtik closed public comments. Motion by Hinz to adopt the findings and recommendation as stated in the staff report. Seconded by Propp. Mr. Fojtik asked if there was any discussion about the motion. Ms. Palmeri asked what prompted the right-of-way dedication. Mr. Nau replied it was prompted when Hydrite submitted two certified survey maps. He said one was to redefine the single parcel on the south side and the other one was to combine four parcels on the north side. He said during staff review, staff looked at the recommendation of the Comprehensive Plan for right-of-way dedications. He explained the Comprehensive Plan states Plan Commission Minutes 4 June 4,2019 that urban collector streets should be 80 feet wide and W. Waukau is considered an urban collector street. He said after staff review, they approached Hydrite about the right-of-way dedication and they agreed to it. Motion carried 8-0. IV. ACCESS CONTROL VARIANCE FOR INCREASED CURB CUT WIDTH AT 601 BAYSHORE DRIVE Site Inspections: Report: No commissioners reported visiting the site. Staff report accepted as part of the record. The petitioner is requesting an access control variance to permit increased curb cut width from the maximum allowed 40' to 41' 10". Mr. Slusarek presented the item and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. The existing storage building is accessed via one overhead door fronting Bay Shore Dr. as well as a bypass door on the rear of the building along the Fox River. The applicant is proposing to install a new overhead door that will be 16' wide X 14' high for an additional access from Bay Shore Drive. According to the applicant, the second overhead door along Bay Shore Dr. is needed for maneuverability of larger/heavier boats and vehicles. The applicant states that they had originally hoped to remove some of the support columns inside to increase space to maneuver the boats/vehicles,but this was not feasible due to poor soil quality leading to an inability to increase loads on the footings. Along with this, the existing door on the rear of the building cannot be utilized for this purpose due to lack of space between the building and the river. The applicant had originally planned to access the new overhead door with a separate entrance from Bay Shore Drive. However, staff in conjunction with the Department of Public Works is recommending one driveway rather than two as Bay Shore Dr. is currently in the CIP for a full reconstruct at which time sidewalks may be installed along with new aprons. The increased curb cut should not cause traffic concerns as Bay Shore Dr. is a local street which experiences relatively low traffic counts. Mr. Fojtik opened up technical questions to staff. There were no technical questions on this item. Mr. Fojtik asked if there were any public comments and asked if the applicant wanted to make any statements. There were no statements from the applicant Daniel Brellen, 1445 McMahon Drive of Neenah, said he is a structural engineer with McMahon. He said he has been facilitating the work on this project in order to help with the redevelopment of Plan Commission Minutes 5 June 4,2019 the site. He explained the additional curb width would help with the redevelopment of the site and allow the utilization of both halves of the existing building. Mr. Hinz asked if the plan was to do angle parking all the way back as they pull the boats in. Mr. Brellen replied yes they are. There were no other public comments on this item. Mr. Fojtik closed public comments and asked if the applicant wanted to make any closing statements. There were no closing statements from the applicant Motion by Propp to adopt the findings and recommendation as stated in the staff report. Seconded by Hinz. Mr. Fojtik asked if there was any discussion about the motion. Mr. Mitchell asked in general when impervious space is expanded, if there is a trade-off in terms of making it up in other places. Mr. Lyons replied staff does evaluate that but in this case,most of what is taking place is in the public right-of-way and not on the private property. He explained that is the reason why the road reconstruction information was part of the staff report. He said if the building were set back further, the maximum allowed curb cut would be 30 feet in width. He explained since there is such a tight right-of-way line to the building, code states at the back of curb it can be 40 feet wide. He said the extra 1' 10" is a minimal change. He explained staff and Public Works did discuss the two driveway option as opposed to one and agreed that one would be better. He said this is because the green space between the two driveways may be destroyed over time with the constant moving of vehicles. Motion carried 8-0. V. APPROVAL OF A SPECIFIC IMPLEMENTATION PLAN AMENDMENT FOR REDUCED SIDE YARD SETBACKS FOR LOTS WITHIN NORTHSHORE PRESERVE PLAT FIRST ADDITION Site Inspections: Report: Mr. Perry reported visiting the site. Staff report accepted as part of the record. Plan Commission Minutes 6 June 4,2019 The applicant requests approval of a Specific Implementation Plan amendment to allow reduced yard setbacks for lots within the Northshore Preserve Plat First Addition. Mr. Slusarek presented the item and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. On May 11, 2004, Common Council approved a Planned Development for construction of single family dwellings within the 1st Addition to Northshore Preserve. The approval included a condition that no further review of residential development within the final plat is required if in compliance with base zoning standards. When the Planned Development was approved for this plat (2004), the area was designated as R-1 PD under the previous zoning ordinance. This zoning designation allowed for 71/2 foot side yard setbacks and the existing homes within the plat were developed as such. The current zoning designation of the properties within this plat is SR-3 PD,which has a principal structure side yard setback of 10 feet. The applicant is requesting a Base Standard Modification (BSM) to allow a reduction of the side yard setback for principal structures to 71/2 feet where code requires 10 feet. Staff does not have concerns with this request as the plat was originally intended to accommodate 71/2 foot side yard setbacks. The proposed setback reduction will provide consistency with homes that have already been built within the plat. Mr. Fojtik opened up technical questions to staff. Mr. Perry asked if there is an ability to look at each individual parcel as opposed to all the lots as a whole. Mr. Lyons replied staff did evaluate that and staff chose the subdivision as a whole. He explained they considered new builds as well as existing homes that may want to add an addition in the future. He said when reviewing the original plat and Planned Development, the original intent was a 71/2 feet side yard setback. He explained the reasoning for the zoning code change. He said staff felt that the best way to remedy the situation was to apply a Base Standard Modification to the entire subdivision and have the same standard for all the lots. Ms. Palmeri asked how many lots were developed and undeveloped. Mr. Slusarek replied there are ten developed lots and seven vacant lots. Mr. Mitchell asked from a planning perspective, what are the benefits of having a larger setback. Mr. Lyons explained the larger setbacks are usually for wider/larger lots to make sure there is a sufficient amount of green space between the homes. He said there is usually a correlation of lot size to setback. Mr. Fojtik asked for any public comments. John Petek, 3845 Shorebird Court, said he does not have an issue with the request but wants to ensure the rest of the covenants are adhered to. He said he put in a substantial home and paid for the lot. He explained the other lots are narrower and are only 85 feet wide whereas the lots on the Plan Commission Minutes 7 June 4,2019 other side are wider and 125 feet wide. He said ideally, the lots should have been divided into three lots instead of four which would make them very similar to the other lots. He explained that in the past the architecture committee has changed the requirements of the covenants to allow for smaller homes to be built. He is concerned that the 10 feet setback would force homes to go higher in order to meet the covenants. He stated the covenants require a 2,500 sq. ft. home. He said he wants to ensure the covenant requirements do not change. Mr. Lyons explained the city has nothing to do with the covenants and restrictions. He said this is strictly just a zoning requirement and the covenant requirements would stay as is and enforced privately by the owners in the community. He stated the city does not get involved with covenant restrictions. Mr. Petek asked what his recourse would be if an 1,800 sq. ft.home was built because it has happened in another area. Mr. Lyons replied his recourse would be the same no matter what decision the Plan Commission recommends. Mr. Petek asked if there was any way to change the lots to make them wider. Mr. Lyons replied if the owner wants to re-plat the lots, they could. David Omachinski (applicant), 1605 Maricopa Drive, said he is one of the three developers of the plat first addition. He said the lots across from Mr. Petek are larger in total square footage and the lot sizes are very consistent overall. He stated he is one of the members of the architecture committee and to his knowledge, there has not been a single exception granted on the first addition. James Stevenson, 3825 Shorebird Court, said the sizes of the lots are not bigger in square footage as Mr. Omachinski stated. He said he had a plat of the lots and read the square footages of some of the lots. He said he built his house with a 10 foot yard side setback and he feels it looks nicer, provides more greenspace and provides better access. He feels there are more options such as subdividing the existing four lots to three lots. Mr. Mitchell asked what specifically the concern is for the reduced side yard setback. Mr. Stevenson replied he feels the larger setback keeps the values of all the properties. He said part of the covenants states, "through the benefit of all land owners/future land owners" and he feels this does not benefit land owners/future land owners. He feels the only benefit is to the developers. He said some of the lots have not sold in over ten years. Mr. Stevenson asked what the staff recommendation was. Mr. Lyons replied it is to apply the original 71/2 feet side yard setback to all the properties. Plan Commission Minutes 8 June 4,2019 Mr. Stevenson pointed out Lot 65. He said it has a 50 foot shore yard setback and explained the other homes built with a 75 foot shore yard setback. He said essentially someone could build a house 25 feet in front of his house. He reiterated there are other options such as subdividing the four lots into three lots. There were no other public comments on this item. Mr. Fojtik closed public comments. Motion by Palmeri to adopt the findings and recommendation as stated in the staff report. Condition: 1. Base standard modification to allow principal structure side yard setback reduction to 7 1/2 feet where code requires 10 feet. Seconded by Mitchell. Mr. Fojtik asked if there was any discussion about the motion. Mr. Perry asked if each lot could be looked at individually. Mr. Lyons replied yes they can. He said there would be a PD amendment for each lot but there would be some legal nonconforming lots. Mr. Perry said he can't imagine any house being built on the small corner lot. He said he would prefer that lot to be used as a park space. He said one of his concerns about going to 10 foot side yard setbacks is that it might encourage a small house. He stated the developer has gone against the covenants in other parts of the larger subdivision. He said there is precedents that it could be done again. He would be more comfortable approving the setback on an individual basis because he does not see the developer changing the lots from four to three. Mr. Mitchell asked if the four lots were originally part of the plat. Mr. Lyons said they are and the plat has not changed. He said the only change is the underline zoning code. Ms. Propp said she understands staff's recommendation and she supports it. She said the original plat was the 71/2 foot side yard setbacks and everyone built knowing it was a 71/2 foot yard setback. She feels the plat should go back to the original 71/2 foot yard setback. She stated that her daughter lives in Middleton Hills, an upscale subdivision,which has narrow side yard setbacks. She said the homes there are elegant and beautiful. She stated people love that area and the smaller side yard setbacks should not be an issue. Mr. Fojtik agreed with Ms. Propp. Plan Commission Minutes 9 June 4,2019 Motion carried 7-1 (Ayes:Erickson, Fojtik, Groth, Hinz,Mitchell, Palmeri, Propp. Nays:Pcrry.). There being no further business, the meeting adjourned at approximately 4:34 pm. (Hinz/Propp) Respectfully submitted, Mark Lyons Planning Services Manager Plan Commission Minutes 10 June 4,2019