The Notes: Week of June 13 - June 17, 2022 (Includes SPECIAL NOTES: "The Church Property Rezoning")

Happy start of the week, Neighbors!  Thanks for reading again this week.  It's Full Council Week so I will provide a short synopsis of what's on the council meeting agenda this week.  But as promised in earlier blog posts, I will also be sharing information on the rezoning of some current "farmland property" in District 13.  Many of you are neighbors to this property and are interested/concerned about the changes that are and will be occurring there.  I hope this post will ease your minds a bit and help you to appreciate the upcoming proposed changes in the 'hood.

Wednesday, 06/15/2022  

Full Common Council - 7pm

The mayor will make two proclamations this week and will request the full council approval of a new hire to the city's staff -- a new City Assessor.  Here is the recommended internal candidate's resume and the mayor's memo requesting council approval.  I have no issue whatsoever with this hire -- except that now the city has to backfill the position that this candidate is vacating.

There are two public hearings scheduled -- one for each of the two items of rezoning/comprehensive plan changing requested for the church property mentioned above and further detailed below.

Besides that item of special interest to District 13 residents, there are not many "items of flare" on this week's meeting agenda.  Here are a couple of interest:

• From the Municipal Service Committee: A temporary change to the parking policy on Pacific Street (for a 6-month trial period) had been recommended by city staff; but after much discussion, the committee voted to deny this request.  It will be interesting to see whether this item will come up for further discussion by the whole council or whether it will just be denied as recommended by the committee.  Last week, this committee held the item regarding dumpsters in Jones Park until next week's committee meeting so the full council won't be discussing that item just yet. 
  
  
• From the City Plan Commission:  The commission has recommended approval of a car wash as mentioned in last week's blog post.  I suspect this one will pass without further council discussion as there was no substantial opposition to it when the commission last met. 
  

And now on to the issue which will likely garner the most attention and discussion this week...  

The Church Property Rezoning  

The property in question is currently a farm field bordered by Glory Lane, Providence Avenue, Ashbury Drive, and French Road:

It's important to note that there are two steps to changing the zoning for this property so that the owners can proceed with their plans for the land.  First, the city's Comprehensive Plan for this property must be changed from half single- and two-family residential and half multi-family to fully public institutional.  And second, the current zoning code of R1-A (which applies to the entire property currently) to PI Public Institutional.

Here is some background information from the city's Community and Economic Development Department and the owner, Apostolic Truth Church (as represented by the current pastor, Aaron Soto):

• Apostolic Truth Church (ATC) has been the owner of this land since the early 1990's.  A portion of it was purchased in 1993 and the remainder of it, in 1997.  The property was first annexed into the City of Appleton in 1997 (after ATC purchased the second half of the property).  The then-pastor of the church was given the honor of naming the southern bordering street -- Glory Lane.  The church bought the property for the sole purpose of making it their future home and that has always been their intent.  Their leadership did not purchase it for investment purposes or with the desire to resell it in the future.  
  
  
• The property has been zoned R1-A (residential) since it was annexed into the city.  The Public Institutional (PI) zoning type was not added to the city's zoning code until 2004.  As such, the church purchased the property before it was even possible for the property itself to be considered Public Institutional (PI).  When the PI code was added, the city's 2010-2030 Comprehensive Plan (the long-term projection/plan for land use in the city) listed this property as Public Institutional (PI).  As a part of the 5-year update to the Comprehensive Plan which took place in 2017, the "future land use" of this property was changed to half one- and two-family residential and the other half multi-family residential.  At that time, the church leadership had not yet made plans to develop the property; therefore, city staff recommended (and the then common council approved) the change.  The change was presented in meetings of the City Plan Commission and the Common Council with the opportunity for public comment... though it seems that, at the time, no one with the church formally opposed the change.
  
  
• Since the time of their ownership of this property and it's annexation into the City of Appleton, ATC has paid all assessments related to the development of the property -- sidewalks, concrete road construction, curb and gutter, etc.  Church members have been awaiting the right time for their development of the property into their new church home as they had planned from the first moments of their ownership of that land.  (Below is excerpted from the church's neighborhood booklet mailed to most of the direct neighbors to the property in question.)
  
  
  
  
  
  
  
• In the initial Plan Commission meeting regarding this rezoning, a couple of commissioners objected to the proposed changes to the Comprehensive Plan and the rezoning.  They stated that they believe that the city needs to retain any lands on the Plan marked for two-family and multi-family future use as those could be used for supplementing the city's low-income housing inventory.  However, the mayor, a voting plan commission member himself, reminded the commission (and will likely remind council members as well) that current/existing owners of a property cannot be compelled to build the type of property called for in the plan. 
  
  My stance is that this property's future land use was unduly changed (surely without the current owner's active consent) to multi- and two-family from public institutional by city staff, the plan commission at that time, and the then council members.  Could the church have objected at that time? Certainly.  However, I do not believe that they can be blamed for not doing so then and therefore punished now with a rejection of their current rezoning request.
  
  
• City staff have recommended approval of the Comprehensive Plan change and zoning change as the requested change complies with all of the standards that the city has set forth to consistently (and without bias) approve or deny these types of changes.  Council members have been advised to keep in mind that there is also a federal law (Religious Land Use and Institutionalized Persons Act) which is designed to prevent discrimination in zoning decisions on the basis of religion and scrutinizes a zoning decision that adversely affects a religious institution.  
  
  
• Some neighbors may have further questions or concerns about the future of what some have unjustly termed "farmland turned mega-church."  I hope that those who might be concerned and opposed to this change can open their hearts and minds to what the freedom of property ownership in this country means and understand how ATC intends to be a good neighbor to all those here in District 13.  (Below is excerpted from the church's neighborhood booklet mailed to most of the direct neighbors to the property in question.)
  
  
  

I believe that the right thing to do here is for the common council to approve the change and for all of us to work together closely with leadership of the church to continue to keep our district neighborhoods safe, friendly, and open to all.  If you have questions or concerns in this regard or would like to express your support (or opposition) to this rezoning and comprehensive plan change, please email me directly or send an email to all current common council members here. 

Thanks again for tuning in for this update.  As always, I'm here to listen to your concerns and help you to navigate City of Appleton government.  So please feel free to reach out to me at any time.  

Have a wonderful week!