Loading...
HomeMy WebLinkAboutMinutesPLAN COMMISSION MINUTES April 7, 2009 PRESENT: Ed Bowen, Thomas Fojtik, Kathleen Propp, Shirley Mattox, Jeffrey Thoms, Karl Nollenberger EXCUSED: David Borsuk, Paul Lowry, Paul Esslinger STAFF: Darryn Burich, Director of Planning Services; David Buck, Principal Planner; Jeff Nau, Associate Planner; Lynn Lorenson, City Attorney; 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 March 17, 2009 were approved as presented. (Nollenberger/Thoms) LA. GRANT PRIVILEGE IN THE STREET FOR PLACEMENT OF MONITORING WELLS ADJACENT TO 1800 HARRISON STREET The petitioner is requesting a privilege in the right-of--way to allow placement of two monitoring wells within the Harrison Street/E. Murdock Avenue right-of--way. Mr. Nau presented the item and explained that the monitoring wells were necessary for an environmental investigation to study a petroleum release from property located at 1800 Harrison Street owned by Walter Strelow. Mr. Thoms questioned if condition #5 relating to the wells being modified or removed immediately upon request of the City was enforceable. Mr. Burich stated that the condition was standard on these types of requests and was necessary if the wells could create traffic issues or become an obstruction or hazard to the community and if that became the case the City would order it altered. Ms. Mattox inquired who initiates these requests. Mr. Nau responded that the initial request was usually processed through the Department of Public Works. LB. PARTIAL RELEASE OF SANITARY SEWER EASEMENT ADJACENT TO THE FORMER WESTERN RIGHT-OF-WAY LINE OF ALGOMA BOULEVARD (U.S. HIGHWAY 45) SOUTH OF STILLMAN DRIVE The City of Oshkosh Department of Public Works is requesting the partial release of a sanitary sewer easement located adjacent to the former west right-of--way of Algoma Boulevard, south of Stillman Drive. Plan Commission Minutes April 7, 2009 Mr. Nau presented the item and explained that the Wisconsin Department of Transportation has acquired additional right-of--way along Algoma Boulevard as part of the U. S. Highway 41 expansion project, and as a result, overlapping a portion of the easement which is now partially in the right-of--way. The DOT has requested a release of rights for the portion of the easement under the right-of--way. There was no discussion on this item. Motion by Nollenberger to approve the consent agenda as requested with the following conditions to be applied to Item LA.: 1. The monitoring well(s) are installed in a manner that is approved by the Department of Public Works with no modification or changes in construction procedure without prior approval by the Department of Public Works. 2. If no longer needed, the well(s) be properly abandoned and removed in accordance with City standards and under the direction of the Department of Public Works. 3. Any problem that may arise as a result of placement of the well(s) be the responsibility of the petitioner/owner to correct in coordination with the Department of Public Works. 4. All appropriate permits be obtained prior to the start of placement of the well(s). S. The well(s) be modified or removed immediately upon request of the City. 6. The petitioner/owner secures and submits to the City Clerk a separate insurance policy which names the City as an additional insured with a minimum coverage of $200, 000 per person and $500, 000 in general aggregate. 7. It is the responsibility of the petitioner/owner to file in a timely manner a new insurance certificate with the City Clerk upon expiration of an existing certificate. Failure to do so will result in the revocation of the easements within ten (10) days of notice. 8. The petitioner/owner execute a hold harmless agreement with the City. 9. The facility be part of and documented with Digger's Hotline system. Seconded by Mattox. Motion carried 6-0. ILA. PARTIAL STREET VACATION OF WEST 5TH AVENUE LOCATED ADJACENT TO 102 WEST 5TH AVENUE The applicant requests the vacation of a portion of West 5th Avenue city right-of--way. Mr. Nau presented the item and explained that Riverfront Development II, LLC, is in the process of renovating their property at 102 West 5th Avenue and the previously vacated sections of Nebraska Street and West 5th Avenue have resulted in an irregularly shaped parcel causing difficulty in designing an efficient parking lot. The petitioner's request will square off the corner of the site allowing for a better parking lot design. Item ILB. was also presented at this time as it is in conjunction with Item LA. and Commission members decided to vote on these items as one request. II.B. LAND DISPOSITION OF A PORTION OF VACATED WEST 5TH AVENUE LOCATED ADJACENT TO 102 WEST 5TH AVENUE The applicant requests the land disposition of a portion of vacated West 5th Avenue. Plan Commission Minutes April 7, 2009 Mr. Nau presented this item explaining that with a street vacation the area vacated is split in half and reverts to adjacent property owners. In this case, the City is an adjacent property owner and would retain half of the vacated right-o-f--way. The City has no use for the vacated right-of--way and proposes to dispose of it to Riverfront Development. Ms. Mattox inquired about the pedestrian right-of--way shown on the site plan where the previously vacated Nebraska Street was located. Mr. Nau replied that the area was for pedestrian access only and not for vehicle traffic. Motion by Nollenberger to approve the partial street vacation of West Sth Avenue and land disposition of a portion of the vacated area located adjacent to 102 West Sth Avenue as requested with the following conditions applied to Item LA.: 1) The City retains full utility easements within the vacated right-of-way. Seconded by Mattox. Motion carried 6-0. III. DEVELOPMENT PLAN REVIEW FOR WALL MOUNTED SIGNAGE AT 310 WEST IRVING AVENUE The petitioner is requesting development plan amendment approval to install a total of four unlit wall signs on the existing office building at 310 West Irving Avenue. Mr. Buck presented the item and explained that the site was previously developed for office use in 1978 and a variance was granted at that time for signage on the parcel. The property has been vacant for approximately two and one half years and received CUP approval for a new office use in 2008. The owner has since applied to the Board of Appeals to grant a variance to allow illuminated signage on the site in both November of 2008 and again in February of 2009. Both requests were subsequently denied and the owner is now requesting a base standard modification to the planned development to allow four unlit wall signs on the structure for identification purposes. This should alleviate possible traffic hazards on ahigh-traffic, arterial route with customers attempting to locate the businesses on the site. Mr. Bowen questioned if the amount of signage could be split between numerous signs as requested or if one large sign would be required. Mr. Buck responded that either option is acceptable. Ms. Mattox asked if ground signage was considered. Mr. Buck replied that there would be setback issues for ground signage on this parcel. Glenn Steinbrecher, 840 West South Park Avenue, stated that he had been in business for 30 years in the community and has been located in residential areas in the past. He further stated that the site has been vacant for three and one half years and they have made improvements to the exterior of the building and landscaping and plan on keeping up awell-maintained site. He commented that they would have preferred an illuminated sign, but understands that it is not appropriate in a residential neighborhood. Plan Commission Minutes April 7, 2009 Ms. Propp questioned if the signs would be identical on both sides of the structure. Mr. Steinbrecher responded that there would be two signs for Garcia Tax Service and two for Oshkosh Insurance Services, both would be identical, with one on each facade. Karla Seaver, 651 Jackson Street, stated that she attended the Board of Appeals meetings and objected to the illuminated signs. She further stated that she questioned the need for four large signs on the building and was concerned with aesthetics and the effect this would have on property values in this area. She commented that the last occupant on this site only had one sign and she felt that the additional signage was more for advertising purposes than for identification of the businesses. Ms. Mattox commented that she likes the architectural style of the building and questioned what the signs would look like and if they would compliment the structure and coordinate with the historic district adjacent to the site. Mr. Nollenberger commented that he passes this property every day and has noticed that the site has been well maintained since the new owner has acquired it. Mr. Steinbrecher explained that the proposed signage would be constructed of white plastic housing with light blue lettering encased with a polished silver finish on the edge. The lighting elements for the signs would be removed. Commission members discussed if the signage should be required to be more in character with the neighboring historic district, but concluded that the lack of any guidelines or design standards relevant to aesthetics for signage in this area made it difficult to regulate the style of signage appropriate. Mr. Thoms also commented that the insurance sign was the standard emblem the company has used for 40- 50 years for their business and he was confident that they would want to retain the familiar identity associated with their signage. Motion by Nollenberger to approve the development plan review for wall mounted signage at 310 West Irving Avenue as requested. Seconded by Thoms. Motion carried 6-0. IV. PROPOSED TEXT AMENDMENTS TO MULTIPLE SECTIONS OF CHAPTER 30-36: OFF-STREET PARKING AND LOADING FACILITIES The Department of Community Development -Planning Services Division is suggesting modifications to sections of Article XII: Off-Street Parking and Loading Facilities, which encompasses Section 30-36 of the Zoning Ordinance. The Parking and Loading Ordinance was repealed and recreated/adopted in March 2008. Throughout the first year of use of the new ordinance, City staff and citizen comments and observations were gathered in order to fine tune the ordinance and address items that may have come to the surface after adoption. The comments were brought before the Plan Commission as a workshop at the February 3, 2009 meeting with the resulting amendments being proposed within this request. Mr. Buck presented the item and reviewed the seven items that had proposed language amendments and the reasons the language changes were necessary to address issues that have come to light since the ordinance was repealed and recreated last year. Plan Commission Minutes April 7, 2009 Mr. Thoms inquired about the need for two-way directional arrows in parking lots and if this was addressed in the amendments. Mr. Buck responded that this issue was already addressed in the code. Ms. Mattox questioned if landscape islands could be cut to allow for storm water drainage. Mr. Burich replied that it would be allowed providing that the islands were designed as part of a biofiltration system. Ms. Propp asked if this proposed text amendment would clear up most of the issues with the Parking and Loading Ordinance. Mr. Buck responded that of the 11 items discussed at the workshop in February, these were the 7 amendments that the Commission members decided to act upon and should address the major issues. Ms. Propp commented that the signage behind the businesses on North Main Street was confusing as to where parking was allowed and was wondering if this could be addressed in the ordinance revision. Mr. Burich stated that this matter was under the authority of the Parking Utility as it was more of a way finding issue than part of the parking ordinance. Lynn Lorenson, City Attorney, stated that the Parking Utility was in the process of considering the removal of the parking meters downtown and would address the signage issues in conjunction with that matter. Motion by Propp to approve the text amendments to multiple sections of Chapter 30-36: Off- StreetParking and Loading Facilities as requested. Seconded by Mattox. Motion carried 6-0. There being no further business, the meeting adjourned at approximately 4:47 pm. (Propp/Mattox) Respectfully submitted, Darryn Burich Director of Planning Services Plan Commission Minutes April 7, 2009