Loading...
HomeMy WebLinkAboutMinutes PLAN COMMISSION MINUTES JANUARY 15, 2008 PRESENT: David Borsuk, Ed Bowen, Meredith Scheuermann, Thomas Fojtik, Paul Esslinger, Cathy Scherer, Shirley Mattox, Jon Dell’Antonia EXCUSED: Paul Lowry, Kathy Propp STAFF: Darryn Burich, Director of Planning Services; Jackson Kinney, Director of Community Development; David Buck, Principal Planner; Steven Gohde, Assistant Director of Public Works; Deborah Foland, Recording Secretary Chairperson Dell’Antonia called the meeting to order at 4:02 pm. Roll call was taken and a quorum declared present. The minutes of December 18, 2007 were approved as presented. (Fojtik/Scherer) I.A. ACCEPT STORM SEWER EASEMENT FOR PROPERTY LOCATED AT 941 N. LARK STREET The Department of Public Works is requesting acceptance of a storm sewer easement for the installation of storm sewer and a catch basin at the northwest property corner of 941 N. Lark Street. There was no discussion on this item. I.B. ACCEPT WATER MAIN EASEMENT FOR PROPERTY LOCATED ADJACENT AND EAST OF 2900 UNIVERSAL STREET (CITIZENS FIRST CREDIT UNION) The Department of Public Works is requesting acceptance of a water main easement along the north side of Universal Street. There was no discussion on this item. Motion by Scherer to approve the consent agenda as requested with the following conditions to be applied to Item I.B.: 1.Appropriate easement documents completed and signed between the city and property owner and recorded at the Winnebago County Register of Deeds. Seconded by Mattox. Motion carried 8-0. II. CONDITIONAL USE PERMIT/DEVELOPMENT PLAN AMENDMENT FOR PROPERTY IN THE MARION ROAD REDEVELOPMENT AREA (THE WATERFRONT) The petitioner is proposing to amend the Planned Development that was approved last September as a CUP/PD permitting the development of a 3 story office building and a 4 story 98-room hotel with Plan Commission Minutes 1 January 15, 2008 restaurant and associated surface parking. The petitioner is requesting to modify the Planned Development by adjusting the hotel and restaurant footprint and elevations, which also adjusts the configuration and number of stalls in the surface parking lot. The change is necessitated due to a brand change from the “Country Inn and Suites” brand to a “Cambria Suites” brand. The proposed Cambria Suites development is proposed to be a 4 story, 103-room structure with a one-story pool area and a one- story 5,000 square foot restaurant. No changes are proposed to the office structure. Tim Rikkers and Jay Supple, developers for the project, were present to answer questions on the amendment to the project plan. Mr. Supple stated that they felt that Cambria Suites was a better fit along the river than the previously proposed Country Inn and Suites as this hotel was more of a boutique style. He thought it would set itself apart and compliment the river well. When looking at attaching the restaurant to it, they selected a restaurant type that was more counter service and deli style with an outside bar and patio that could accommodate 80-90 seats and have a view of the river. The concept also includes boardrooms and banquet space. Mr. Rikkers added that they felt the Country Inn and Suites had more of a modern look to it and that the Cambria Suites appeared to fit better architecturally with the surrounding structures near by and gives the area more of a campus feel. The Cambria Suites is an entity of Choice Brands hotels. Mr. Dell’Antonia questioned what the anticipated construction schedule would be. Mr. Rikkers responded that the goal is still to start both the hotel and office building construction parallel with one firm building both projects for cost savings. They are hoping to break ground on both projects within 45 days. Mr. Borsuk inquired what the differences were between the previously proposed and currently proposed restaurant establishments. Mr. Rikkers replied that it was more or less the same model, but Mr. Supple could better answer questions regarding the restaurant selection. Mr. Supple explained that the currently proposed restaurant was a MB CO (Montreal Bread Company), which currently had establishments in Montreal and Toronto. The restaurant did not utilize waitress service and had more of an independent concept, which he thought would fit well in the downtown area. He further stated that he felt when selling a brand it was more beneficial to have a national name. Mr. Fojtik commented that he liked the reconfigured parking lot design. Mr. Bowen agreed and questioned whether Public Works had reviewed the biofiltration landscape island system proposed. Steven Gohde, Assistant Director of Public Works, replied that their director was present at a meeting reviewing these plans and they were comfortable with the concept, however, formal plans had yet to be submitted for approval. Ms. Scherer questioned how the developers determined the color scheme and change in orientation of the hotel structure. Plan Commission Minutes 2 January 15, 2008 Mr. Rikkers responded that the exterior is set by Cambria Suites and that they utilize a rich finish on their structures. He further stated that they tried to maximize the views of the river for both the benefit of the meeting spaces and rooms alike. The outdoor patio will have the same elevations as the riverwalk to maximize the views for pedestrians as well. Ms. Mattox asked if the hotel and office buildings would be sharing the parking lot area. Mr. Rikkers replied that they would be sharing the parking lot, as the hotel needs more spaces during the night with the office building utilizing more parking spaces during the day. JJR, the firm hired by the city to design the riverwalk, has implemented a berm and trees to lessen the impact of the parking lot view from the riverwalk. Ms. Scherer commented that she liked the proposed new plans for both the restaurant and hotel. Wendy Sontag, 675 Zarling Avenue, suggested that consideration should be made for boaters who wish to utilize the restaurant facilities like Fratello’s. Mr. Dell’Antonia responded that the site plan already contains docking facilities, but they would require DNR approval prior to being constructed. Thomas White, 530 Norton Avenue, questioned what clientele the developers were focusing on for occupancy and stated that the City does not need any more developments that are not sustaining. Mr. Supple replied that the proposed hotel would be able to accommodate a lot of uses and they expect to attract a variety of different clients. They anticipate catering to business uses as well as receptions and weddings and could be utilized by a well-mixed crowd. Occupancy feasibility studies have been completed and they feel secure that the project can be successful. Ms. Scheuermann asked when the riverwalk was going to be completed. Jackson Kinney, Director of Community Development, replied that JJR is currently working out the details on this project and he anticipates the riverwalk in this particular area should be completed in 2008. The plan is to have completion be concurrent with the hotel and office building construction. Mr. Bowen questioned how far the riverwalk would be completed from Jackson Street. Mr. Kinney responded that the completed portion would extend from Jackson Street to Dawes Street. The city is still working with Mercury Marine on the construction of the remaining area. Ms. Mattox inquired if we have a set of signage standards for the riverwalk development area. Mr. Kinney replied that the riverwalk plan has design guidelines as part of the development plan. Ms. Mattox questioned if there were specific guidelines for development properties along the riverwalk. Mr. Kinney responded that we have not yet seen signage plans for the hotel, but it will be coordinated effectively with the riverwalk guidelines. Motion by Scherer to approve the conditional use permit/development plan amendment for property located in the Marion Road redevelopment area as requested with the following conditions: Plan Commission Minutes 3 January 15, 2008 1)Approval of landscape plan to include a combination of vegetation and masonry fence elements throughout the subject area with emphasis along external parking lot perimeter and the drive- thru facilities. 2)Include pedestrian connections to the adjacent Marion Road and Jackson Street right-of-ways. Seconded by Scheuermann. Motion carried 8-0. III. CONDITIONAL USE PERMIT/DEVELOPMENT PLAN AMENDMENT FOR PLACEMENT OF GROUND SIGNAGE AT THE RETAIL/COMMERCIAL CENTER LOCATED AT 310-314 N. KOELLER STREET The applicant is requesting an amendment to a previously issued conditional use permit/development plan to allow the placement of a ground sign with a south side yard setback of 15 feet where 20 feet is required. Ms. Mattox questioned if the previous sign was 60 feet tall. Mr. Buck responded that the previous sign was 35 feet tall. Ms. Scheuermann asked if the new sign for the Comfort Inn and Suites was 60 feet tall. Mr. Buck replied that he did not know the height of that specific sign, but 60 feet is per code and there are many others that same height in the area. Ms. Mattox questioned if all businesses were considered equal according to code requirements relating to signage. Mr. Burich responded that they were and that 60 feet is the standard for the Highway 41 corridor and 35 feet is the standard for businesses in other areas of the city. Mr. Bowen inquired about what materials are used to construct the sides of the proposed sign. Mr. Buck replied that it is probably constructed of galvanized steel, but the petitioner if present, could respond to that inquiry. Mary Mettler, Green Bay Sign & Design, stated that they have designed quite a few signs on Highway 41 and that the sign would be constructed with steel columns coated with a rust-resistant paint. Mr. Dell’Antonia questioned if it would be similar to the sign on the Buffalo Wild Wings site. Ms. Mettler responded that it would be. Mr. Bowen commented that in a planned development area the structures relate to each other and he does not feel that this sign fits into the planned development on this site. Mr. Dell’Antonia stated that the Commission has previously approved other signs of this type. Ms. Mattox inquired if the city has architectural standards for signs. Plan Commission Minutes 4 January 15, 2008 Mr. Buck replied that page 6 of the staff report showed the approved elevation plans for the building and he feels that the sign is compatible with the site; however, the issue is somewhat of a judgment call. Mr. Burich added that the city does not have architectural standards for signs. Mr. Borsuk commented that he felt the City’s signage requirements in the Highway 41 corridor should be re-evaluated. Mr. Esslinger stated that the city needs to attract new businesses to the community and withholding approval of a sign when it meets code requirements is not a good practice. He feels this promotes businesses to go elsewhere. Motion by Borsuk to approve the conditional use permit/development plan amendment for placement of ground signage at the retail/commercial center located at 310-314 N. Koeller Street as requested with the following conditions: 1.Base standard modification to allow the proposed ground sign to be placed with a 15 feet south property line side yard setback. Seconded by Scheuermann. Motion carried 7-1. Ayes-Borsuk/Scheuermann/Fojtik/Esslinger/ Scherer/Mattox/Dell’Antonia. Nays-Bowen. IV. PRELIMINARY PLAT – BRISTOL SQUARE SUBDIVISION The petitioner is requesting approval of a preliminary plat containing 76 lots and 1 outlot on a 52-acre property located in the Jackson Street corridor on the City’s north side. It is in a mixed-use area with a Town of Oshkosh subdivision (Jackson Heights) located to the south and institutional lands (County and State) located to the north and west. This development will represent the northern most extent of residential development in this area with the rest remaining in institutional use. The property is split zoned with both single family and multiple family zoning. Mr. Burich stated that he would like to eliminate condition #2 and add condition #8 that plans for the physical development of outlot 1 (Bristol Lake) would be required to be submitted at the time of final platting. Ms. Scherer inquired where the public park would be located on the site. Mr. Burich displayed that the park would be located on the east side of the site. Ms. Scherer questioned if the Commission reviewed another subdivision similar to this one with a street connection to another Town residential area previously and if it was approved. Mr. Burich responded that a Rusch subdivision on the west side required a street connection to Linden Oaks, which was a Town road. Ms. Scheuermann inquired what type of time frame was there for the development of the parkland dedicated to the city. Mr. Burich replied that the developer is responsible for providing the area by dedicating the land to the city. It is up to the city to plan and develop the park area when financially feasible. Plan Commission Minutes 5 January 15, 2008 Ms. Scheuermann questioned if the developer had the option to dedicate less land than the 6.4 acres mentioned in the staff report. Mr. Burich responded that a variance would have to be granted to allow this. Ms. Mattox asked if the land surrounding the created “Bristol Lake” would be considered water frontage property. Mr. Burich replied that he did not believe that shoreland zoning regulations would apply in this case as it is not a navigable waterway but more of a stormwater detention area. Mr. Bowen inquired if the area in the southeast corner connecting with Jackson Heights was platted previously. Mr. Burich replied that it was platted years ago. Ken Bender, 806 Oak Street, stated that he was present at the Town meeting last night and he feels that the traffic from the proposed subdivision should be routed north to County Y, as more traffic is not needed on Jackson Street. That street already has enough traffic and we need to think of the future. Thomas White, 530 Norton Avenue, stated that there was a lot of confusion regarding the ingress and egress points for this site. The biggest impact on their community would be to have Western Drive opened as an access point to the proposed subdivision. He felt that a traffic impact study should be completed to determine the best point of access to the new development, as there is potential for a lot of congestion in this area. He also questioned if utility companies have been contacted regarding their ability to complete work on the lines in this development. Norm Schry, 375 Zarling Avenue, stated that he moved to this area as he liked a more rural setting and voiced his concerns regarding ingress and egress to this development and the additional traffic this would create on Norton and Zarling Avenues. Gerald Frey, 4804 Island View Drive, Chairman for the Town of Oshkosh, stated that the access issues have been discussed previously with the options of possibly vacating Norton Avenue Jackson Street access since the Wisconsin Department of Transportation does not want another exit on State Trunk Highway 76, (Jackson Street). He spoke with Dave Nielsen of the DOT recently regarding this matter and he was receptive to discussing this matter further. He did not wish to attend the Plan Commission meeting but would be willing to get together with the city and town officials to work something out. This issue could most likely be settled in a few meetings. Mr. Burich stated that he would be more than willing to meet with the Town and DOT to come to some type of agreement on the issue. Jim Erdman, 2492 Hickory Lane, stated that officials need to work together on the ingress/egress matter to work this issue out and he would suggest they look at access to the area from the west going north to County Road Y. He further stated that there are 70 on site wells in this area and voiced his concerns regarding the excavation of the lake area. He commented that he felt the extraction process needs to have conditions. Jay Coffen, 680 Courtland Avenue, stated that he has young children and liked this area, as it was a quiet neighborhood. There are no sidewalks in the area and he feels that opening up Western Drive would be a safety issue. Plan Commission Minutes 6 January 15, 2008 Terry Gerber, 480 Pilgrim Way, representing the petitioner, stated that the property was zoned for development a number of years ago and the owner has determined that market demands lately are good for the development of the site. The Jackson Heights plat has been in effect since 1956. The proposed Bristol Square subdivision needs access to other areas, but the owner is willing to look at other viable alternatives other than what was proposed and would be willing to assist both the town and city in looking into the matter. The owner would also consider cost sharing to bring a road out to County Y if necessary. This plat is in the preliminary approval stages at this time and the owner would like to develop the property for marketing later this year and is willing to look at all available options. Wendy Sontag, 675 Zarling Avenue, stated that she lives on the corner of Western Drive and Zarling Avenue and she was concerned with Norton Avenue being closed off from Jackson Street, which would greatly increase the traffic on Zarling Avenue to gain access to Jackson Street. Mr. Burich responded that even if access to Jackson Street were closed off from Norton Avenue, Nielsen Drive would still be open to obtain access to Jackson Street. The city prefers to connect areas of the community together as good planning practice and connecting Western Drive to the proposed Bristol Square subdivision would give another access point between the communities. It is more efficient and a better design. Ms. Sontag stated that she did not feel that their roads were designed to handle the heavy traffic generated by this connection. Mr. Burich replied that the road connection of Bristol Drive to Western Avenue would not be made at this time and may not happen for many years, as that would require approval by the Town. Ms. Sontag commented that she felt that the information on this request was not distributed to everyone that should have been notified. Mr. Burich responded that notification was sent to adjacent property owners as per city policy. Ms. Sontag stated that she lives a few blocks away but feels that she still should have been notified. Steve Kluge, 550 Zarling Avenue, stated that he also was concerned with the traffic flow into Jackson Heights. He further stated that he was in favor of having a road going north up to County Road Y instead. Don Payne, 475 Norton Avenue, stated that he has lived in the area for 42 years and he was in favor of moving the access road to the new subdivision and leaving the access to Jackson Street from Norton Avenue open if the DOT permits it. Mr. Burich replied that the city was not proposing to close any existing road access to Jackson Street. Bonnie Gams, 460 Courtland Avenue, stated that she was concerned with where all the water was going to come from to service the new homes in this subdivision. Mr. Burich replied that the City obtains its water source from Lake Winnebago. Ms. Gams further stated that she was concerned with how the city plans for its water usage as the levels in Lake Winnebago are going down now. Plan Commission Minutes 7 January 15, 2008 Mr. Dell’Antonia responded that the city water system would service these homes the same as any other site as wells are not allowed in the city. Mike Giebel, 4105 Western Drive, questioned who would be responsible for problems with their wells and foundations caused by the creation of the lake. He also questioned who would pay for the road construction. Mr. Burich replied that the property owner developing the area would be the responsible party and although we do not know how the excavation for the lake will occur, a condition will be placed on this development to help deal with the matter. Mr. Giebel inquired who would be handling problems created from the construction equipment using their roads to access the site during development. Mr. Burich responded that although access from Jackson Street was still in question, he anticipated that construction equipment would be utilizing Square Lake Drive to access the development site. He further stated that extending a road to the north to access County Road Y was not staff’s first choice, as this area was not planned for residential development. This preliminary plat approval was only the first step in the process and approval was being sought to determine if the basic pattern of the subdivision was acceptable. Ms. Scheuermann voiced her concerns with the approval of the preliminary plat because of the access issues and stated that she felt it would be best to postpone the item until the access issues are addressed. Mr. Burich replied that the access issues could be addressed at a later date, as it will not physically adjust the basic design of the subdivision. Ms. Scheuermann commented that she did not feel she could support this without the access issue being resolved. Mr. Burich responded that the WisDOT might not approve an access to Jackson Street without an approved preliminary plat, which would show that the community supports the project. Mr. Dell’Antonia suggested that a condition could be added to resolve the access issue. Mr. Fojtik questioned if the Commission approved the preliminary plat, if that would prevent further negotiations between the city, town and developer in any way regarding the access matter. He also mentioned that this was a preliminary plat and the final plat would still have to come before the Commission for approval. Mr. Burich replied that the approval of the preliminary plat would not prevent any further discussions regarding the access to the site and reiterated that at this time the Commission was approving the subdivision’s concept only. Mr. Bowen stated that since the connection to Western Drive would be on town property, who would be authorized to construct the connection. Mr. Burich responded that only the town could authorize the construction of the connection. Mr. Borsuk commented that everything else appeared to meet standards required for a preliminary plat other than the access issues. Plan Commission Minutes 8 January 15, 2008 Ms. Scherer agreed and stated that she did not see any reason to delay approval of the plat until the access issues could be resolved. Motion by Scherer to approve the Bristol Square Subdivision preliminary plat as requested with the following conditions: 1)Street access be granted to Jackson Street or to Nielsen Drive prior to final platting. 2)Dedicated right-of-way to be vacated as illustrated on Lot 76 at time of final platting. 3)Provide access easements as required by the Department of Public Works for access to Outlot 1. 4)Dedicate lands for public park purposes at final platting. 5)Provide street connection from Square Lake Drive to residential areas to the north adjacent to plat. 6)The final plat illustrates the location of crushed rock storage piles, and a covenant be placed on the face of the plat stating that no excavation for the lake and no storage of crushed rock or other materials be allowed three years after the date the plat is recorded. 7)No excavation for the lake shall begin prior to the final plat being approved by all applicable agencies and the plat being recorded with the Winnebago County Register of Deeds. 8)Plans for the physical development of Outlot 1(Bristol Lake) to be approved at the time of final platting. Seconded by Fojtik. Motion carried 7-1. Ayes-Borsuk/Bowen/Fojtik/Esslinger/Scherer/Mattox/ Dell’Antonia. Nays-Scheuermann. V. ZONE CHANGE AND CONDITIONAL USE PERMIT/DEVELOPMENT PLAN REVIEW FOR A CONDOMINIUM DEVELOPMENT LOCATED AT 3512 W. 20TH AVENUE Petitioner is requesting a zone change to add a planned development overlay district (PD) to approximately 16.8 acres of single-family zoned lands to establish an R-1PD and approval of a conditional use permit/development plan for a 38-unit condominium development that includes the following: 20 single-family condominium units (0.84 acres) 9 two-family condominium structures-18 units (0.76 acres) 1,200 linear feet of private roadway (1.1 acres) 2 wildlife and 2 detention ponds (3.6 acres) Other open spaces (10.5 acres) Mr. Borsuk asked if there would be area set aside to allow for the installation of sidewalks in the future on 20th Avenue. Mr. Burich responded that there would be an easement to allow for future sidewalk installation. Mr. Borsuk also questioned if there would not be any parkland dedication required for this development. Mr. Burich replied that since there were already parks existing in this area, easements were being required to provide area to allow for a multi-use trail instead. In this case, providing connections for the trail system was more relevant. Plan Commission Minutes 9 January 15, 2008 Mr. Esslinger inquired if it would be appropriate to require the developer to provide access from the site to Clairville Road. Mr. Burich responded that this would not be possible as Sawyer Creek prevents this connection. Ms. Mattox voiced her concern regarding the environmental impact of adding more impervious surface in this area as it has experienced flooding issues in the past. Mr. Gohde replied that the Sawyer Creek study was still in process and should be completed by the third quarter of the year. He did not feel this development should be an issue as the site would have to meet stormwater detention regulations and the detention basins and wildlife ponds on the site plan should address the issue. Mr. Burich added that this development would not create any additional flooding issues and that the inclusion of the detention areas should actually help to prevent future flooding problems. Ms. Mattox asked when the parcel was brought into the city. Mr. Burich responded that it became part of the city a few years ago. Ms. Mattox asked if the trail connection from this site would connect to the trail system in the city. Mr. Burich replied that it would. Ms. Scheuermann questioned what the time frame was for constructing the trails. Mr. Burich responded that there was not a specific time frame for this construction but the developer is required to dedicate the land area at this point. Ms. Scheuermann also inquired if the Parks Department was responsible for the construction of the trail system. Mr. Burich replied that it was and the city usually seeks grant funding or other sources of available funding for construction of the trail system. Ms. Mattox questioned how wide the private road to be constructed within this development would be. Mr. Burich responded that it would be required to be wide enough to accommodate emergency vehicles. Mr. Buck added that the site plan shows the interior private road at 28 feet wide with the road stub at 20 feet wide, which is the minimum required for emergency vehicles. Adam Nackers, 319 Breezewood Drive, Appleton, representing the petitioner, stated that they do not have any issues with providing a sidewalk easement along 20th Avenue for future sidewalk installation. The flooding issues should be alleviated by the excavation and creation of the wildlife ponds and detention basins planned for the site. Any stormwater runoff would be directed to these areas and should not be an issue with flooding the homes to be built on the site. They also did not have any concerns with providing the 15-foot easement for the multi-use trail system noted in the conditions. Ms. Scherer asked if the wildlife ponds proposed were something special and if the petitioner had developed these in the past. Plan Commission Minutes 10 January 15, 2008 Mr. Nackers responded that they had constructed these ponds on past sites and the concept was to raise the elevation in this area and hopefully attract native wildlife to the area and enhance the development. Ms. Scheuermann questioned if the pond constructed in the Casey’s Meadows development was a wildlife pond. Mr. Burich replied that it was not. It was created as a detention pond only. Mike Hagens, 319 Breezewood Drive, Appleton, also representing the petitioner, stated that a lot of studies were completed during the development stages of this site, which were originally planned to be duplexes. The change was made to condominiums, as the market trends were more favorable at this time for this type of development. They have been working on this plan for the past year, as it was a very difficult site to develop with the water issues. The location of the detention ponds along 20th Avenue should help to isolate the homes from the traffic and he envisions this property to be one of the best developments in the city once completed. Terry Meating, 3507 W. 20th Avenue, inquired if since this property would be serviced by city sewer and water, if their property would be forced to change over to city services as well. Mr. Burich responded that voluntary attachment can be requested, but they would not be forced to accept city services at this time. In 20-40 years, properties in this area may be required to be attached to the city and if she had any further concerns regarding this matter, she could contact him at the office to discuss it. Motion by Scheuermann to approve the zone change and conditional use permit/development plan for a condominium development located at 3512 W. 20th Avenue as requested with the following conditions: 1)Base standard modifications, as depicted on the proposed plans. 2)Dedication of the 7 feet of officially mapped right of way. 3)Provide necessary easements for a multi-use trail that follows, where possible, the open space system along Sawyer Creek including a possible creek crossing point. 4)Multi-use trail easement area shall be a minimum of 15 feet in width and suitably graded for trail installation. 5)Detention basins are designed without riprap above the water line and native plants be planted on the side slopes of the basin and emergent plants on the safety shelf. Seconded by Borsuk. Motion carried 8-0. OTHER BUSINESS Mr. Borsuk commented that he felt the redevelopment area along the river should be re-evaluated for consistency and continuity to ensure that future developments in this area create a harmonious situation. There being no further business, the meeting adjourned at approximately 6:25 pm. (Scheuermann/ Mattox ) Respectfully submitted, Darryn Burich Director of Planning Services Plan Commission Minutes 11 January 15, 2008