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Planning Commission Memo - April 1, 2025O City of Shorewood Planning Commission Meeting Item Title/Subject: Rezoning Three Parcels to R-2A Item Meeting Date: April 1, 2025 4C Prepared by: Jake Griffiths, Planning Director Attachments: Location Map LOCATION: 6055, 6065, and 6067 Lake Linden Dr APPLICANT: City of Shorewood REQUEST The three parcels at 6055, 6065 and 6067 Lake Linken Dr are currently zoned R-3A. With the recent amendments to the R-3A zoning district relative to medium density housing, these three parcels no longer make sense to be included as part of the R-3A zoning district. In response, the City is proposing to rezone these three properties to R-2A. This request is not tied to any specific development proposal and is largely a housekeeping item that is being brought forward in order to allow these properties to have applicable zoning regulations instead of being in a zoning district that does not adequately reflect the current conditions on the properties. Notice of the request was mailed to all property owners within 750 feet by postcard and a sign was posted on the affected properties. Notice of the public hearing was also published in the City's official newspaper and mailed to all property owners within 750 feet of the subject properties at least 10 days prior to the public hearing, was posted on the City's website and at City Hall. As of the publication of this report no public comments have been received regarding this request. ANALYSIS The City is proposing to rezone the properties to R-2A. Requests for zoning map amendments are reviewed according to the following standards: • The proposed action is consistent with the City's Comprehensive Plan. The Comprehensive Plan guides the three properties as Low to Medium Density Residential at 3-6 units per acre. The R-2A zoning district is identified within the Comprehensive Plan as an appropriate zoning district for this density of housing. The proposed application of the R-2A zoning district to these properties is consistent with the Comprehensive Plan. • The proposed use is compatible with present and future land uses in the area. The R-2A zoning district has a majority of the same minimum lot requirements and setbacks as the R-3A zoning district previously had before it was amended to accommodate medium density housing. As a result, the impact of the proposed change on the property owners should be negligible. The table below illustrates the similarities between the two zoning districts. The existing Page 2 uses on each of the properties are permitted within the R-2A zoning district, and the surrounding neighborhood to the west is also zoned R-2A. Requirement R-3A (Pre -Amendment) R-2A Min Lot Size (Two -Family) 20,000 sqft 20,000 sqft Min Lot Size (Single Family) 30,000 sqft 30,000 sqft Lot Width (Two -Family) 90ft 100 ft Lot Width (Single Family) 100 ft 100 ft Lot Depth 120 ft 120 ft Front Yard Setback 30 ft 35 ft Rear Yard Setback 30 ft 40 ft Side Yard Setback 15 ft loft Max Building Height 35 ft 35 ft Any existing structures which no longer meet setbacks as a part of the rezoning request would become legally nonconforming or "grandfathered in". • The proposed use would not tend to depreciate the area and would promote and enhance the general public welfare and not be detrimental to or endanger public health or safety. Property values in Shorewood are highly resilient to the impact from zoning district changes. It is not likely that redevelopment of any of the properties would depreciate the area as long as the development is consistent with the requirements of the City Code. • The proposed uses can be accommodated with existing public services and would not overburden the City's service capacity. All three parcels have the ability to be connected to the municipal water and sewer systems, and existing local infrastructure is adequately sized to provide utilities to the properties. The adjacent road networks are adequately designed to accommodate any traffic generated by low to medium density residential uses. RECOMMENDATION Staff recommends approval of the rezoning request. Location Map tNorth DRAFT CITY OF SHOREWOOD PLANNING COMMISSION MEETING APRIL 1, 2025 Page 6 of 17 Planning Director Griffiths stated that for any application that the City received, if they get written comments between the Planning Commission and the City Council meetings, they forward those to the Council. Chair Huskins opened the Public Hearing at 7:44 P.M., noting the procedures used in a Public Hearing. There being no comments, he closed the Public Hearing at 7:44 P.M. Commissioner Holker moved, Commissioner Magistad seconded, recommending approval of Rezoning Three Parcels to 111-3A for the City -Initiated Request for properties located at: 24560, 24590, and 24620 Smithtown Road. Motion passed 4/0. C. PUBLIC HEARING — REZONING THREE PARCELS TO R-2A Applicant: City -Initiated Request Location: 6055, 6065, and 6067 Lake Linden Drive Planning Director Griffiths explained that this item was very similar to the previous item on tonight's agenda, but had less to do with the Comprehensive Plan and more to do with the changes that were just made to the Medium Density Zoning District. He noted that these parcels were currently zoned R-3A and, with the changes that were just made to that zoning district, that designation no longer made sense for these properties. He explained that this item was essentially a bit of housekeeping within the City's zoning code. He gave a brief overview of the thought process behind staffs recommendation to guide these parcels to become R-2A rather than R-3A. He noted that the City received one public comment before the meeting and read aloud the statement submitted by Kevin Bums, 6070 Lake Linden Drive, in opposition to the zoning change. Commissioner Holker asked for a quick overview of the differences between R-3A and R-2A. Planning Director Griffiths noted that it was a bit nuanced, but gave a brief overview of some of the differences between the R-3A and R-2A zoning districts. Commissioner Holker stated that this change would not impact the property owners and asked if Planning Director Griffiths believed that this zoning change would impact them in a positive way. Planning Director Griffiths stated that, in his opinion, if the City did not approve the rezoning, there would be negative impacts to these property owners because that would mean that anything on their property that did not meet the new zoning district the Commission just recommended would not be considered a non -conformity that even though would be grandfathered in, could present a problem further down the road, for example, if they wanted to go build a shed. He stated that this rezoning would allow the property owners to have the same flexibility they currently have without subjecting them to the need for variances when they want to make improvements to their property. Commissioner Magistad asked what could be the drawback to making this housekeeping change. Planning Director Griffiths stated that he did not have a good answer to that question. He stated that from staffs perspective, the Comprehensive Plan and the City Code all point towards this action being the best solution for the homeowners. He stated that the only real potential impact is that the setback now was 30 feet and with this change would be 35 feet, but explained that in that situation, the City would work with the property owner and they could keep what is there. DRAFT CITY OF SHOREWOOD PLANNING COMMISSION MEETING APRIL 1, 2025 Page 7 of 17 Commissioner Eggenberger referenced the statement made by Planning Director Griffiths about the recent amendments made to the R-3A relative to medium density housing and asked if he was referring to what the Commission had just voted on. Planning Director Griffiths clarified that he was referencing the code amendments that they had discussed at their last meeting. Chair Huskins opened the Public Hearing at 7:56 P.M., noting the procedures used in a Public Hearing, there being no comment, he closed the Public Hearing at 7:56 P.M. Commissioner Magistad stated that he would like to know the reason behind the public comment in opposition to the rezoning, but they may be able to provide their reasoning to the City Council before it reaches the City Council. Planning Director Griffiths stated that he could reach out to Mr. Burns to give him an opportunity to provide more context for his statement and provide that information to the City Council if he heard back from him. Commissioner Magistad moved, Commissioner Holker seconded, recommending approval of the City -initiated request to Rezone Three Parcels to R-2A located at 6055, 6065, and 6067 Lake Linden Drive. Motion passed 4/0. D. PUBLIC HEARING — SUBDIVISION ORDINANCE UPDATE CITY CODE AMENDMENTS Applicant: City -Initiated Request Location: City -Wide Planning Director Griffiths introduced the City's consultant for this item, Rita Trapp, with HKGI. Rita Trapp, HKGI, gave a brief review of the City's Subdivision Code that they had been working on for the City and reminded the Commission that it had not been updated for a long time. She explained that the overall goal was to update and modernize the Code, make it more user-friendly, ensure it was consistent with State statutes and laws, incorporate current City practices, and also to reflect the direction from the Comprehensive Plan. She highlighted a summary of the proposed code changes within the Subdivision Ordinance. Planning Director Griffiths noted that one other larger change in the proposed changes was related to municipal water connections and explained that he would touch on that when Ms. Trapp finished her presentation. Ms. Trapp continued her review of the proposed changes, organization, and enforcement within the Subdivision Ordinance. Chair Huskins referenced page six of the summary under 'Modification of Requirements' there was text that stated, 'Need to confirm this direction w/staff and asked if that meant there was something incomplete. Planning Director Griffiths explained that the item had been addressed, but they neglected to remove it from the summary document.