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HomeMy WebLinkAboutMinutesPLAN COMMISSION MINUTES Apri121, 2009 PRESENT: David Borsuk, Paul Lowry, Paul Esslinger, Kathleen Propp, Shirley Mattox, Jeffrey Thoms, Karl Nollenberger EXCUSED: Ed Bowen, Thomas Fojtik STAFF: Darryn Burich, Director of Planning Services; David Buck, Principal Planner; Jeff Nau, Associate Planner; Deborah Foland, Recording Secretary Chairperson Propp called the meeting to order at 4:03 pm. Roll call was taken and a quorum declared present. The minutes of Apri17, 2009 were approved as presented. (Nollenberger/Thoms) LA. GRANT COMMUNICATIONS SYSTEMS RIGHT-OF-WAY EASEMENT FOR PROPERTY LOCATED SOUTH OF MARINE DRIVE IN THE TOWN OF OSHKOSH Kentucky Data Link is requesting a communications system right-of--way easement for the placement and maintenance access for a communication system located through the center of the subject property. Mr. Nau presented the item and explained that it was for a proposed 20-foot wide easement and will enable KDL to construct, operate and maintain the proposed cables. This was similar to a previously approved request which is related to the U. S. Highway 41 expansion project. Mr. Thoms questioned if the site was City owned property. Mr. Nau confirmed that it was. Ms. Mattox asked if there was any potential for future development of the parcel. Mr. Burich responded that the area would be considered while reviewing the pedestrian/bike plan as a possible location for a trail link to Algoma Boulevard. LB. APPROVE TRANSPORTATION PROJECT PLAN FOR THE RECONSTRUCTION OF NORTH MAIN STREET FROM THE FOX RIVER TO IRVING AVENUE This request is to approve the Transportation Project Plat needed for reconstruction of North Main Street from the Fox River to Irving Avenue. Mr. Nau explained that under the agreement with the Wisconsin Department of Transportation it is the City's responsibility to acquire the real estate interests required for this project. Both temporary and permanent easements will be necessary for the reconstruction project. Temporary easements will be required for excavating purposes and permanent easements for sidewalks such as areas for handicapped ramps. Plan Commission Minutes April 21, 2009 Motion by Borsuk to approve the consent agenda as requested. Seconded by Mattox. Motion carried 7-0. IL DEVELOPMENT PLAN AMENDMENT FOR RETAIL CENTER RECONSTRUCTION AT 1530-1540 SOUTH KOELLER STREET The applicant is requesting an amendment to a previously issued planned development to allow for the removal of a portion of the approved structure. Mr. Buck presented the item and reviewed the planned development which was previously approved in January of 2009. He explained that the facade improvements proposed for the existing structures and the two small parking lots would still remain part of the development. The only change was the removal of Michael's Craft store from the site which will leave an open space at this time however the owner is in the process of finding an alternate commercial use to fill this vacant area. Ms. Propp questioned what would be done with the south elevation of the existing structure now that the wall will be exposed. Peter Jungbacker, 300 North Main Street, representing 2323 East Capital, LLC, stated that the existing wall was a fire wall previously constructed of masonry block and the awning was the only area that would have to be immediately addressed by enclosing it until another user has been identified at which time the south elevation would no longer be exposed when the new building is constructed. In the current economy, Michael's had decided that it was not a good time for expansion of their business, but that they were presently negotiating with several potential users for a small shop space to replace the area that was planned for Michael's occupation. He further stated that they anticipated coming back to the Plan Commission with a similar proposal to the original plan hopefully in three to four months. He felt that the Best Buy development would enhance the possibility of attracting another retailer to this location. Motion by Mattox to approve the development plan amendment for retail center reconstruction at 1530-1540 South Koeller Street as requested with the following conditions: 1) All conditions of Resolution 09-OS remain in affect as conditions of this approval. 2) Open space is grass and other vegetative ground cover, as approved by the Department of Community Development. 3) If an in fill project is not brought forward within 18 months of Common Council approval, the Planned Development is brought back to the Plan Commission and Common Council for consideration of the use/design of the open space and architectural treatment of the exposed facades. Seconded by Lowry. Motion carried 7-0. IIIA. GRANT PRIVILEGE IN THE STREET FOR PLACEMENT OF GEOTHERMAL PIPING NEAR THE INTERSECTION OF WEST LINCOLN AVENUE AND MCKINLEY STREET The petitioner is requesting installation of private geothermal lines across West Lincoln Avenue near McKinley Street. This construction is part of the University's plan for the expansion and remodeling of the Elmwood Center building located at 759 Elmwood Avenue. Plan Commission Minutes April 21, 2009 Mr. Nau presented the item and explained that the geothermal lines would connect with geothermal wells that the University would be installing on the site adjacent to the Elmwood Center. He also commented that the conditions in the staff report referred to fiber optic conduit which should have been geothermal lines. Tom Sonnleitner, representative for the University, 800 Algoma Boulevard, explained the details of the new geothermal heat field system being installed as part of the renovation of the Elmwood Center. He further stated that this was the first building of its kind in the state and that he also had members of the design team present if any Commission members had further questions regarding the matter. Motion by Esslingen to approve the privilege in the street for placement of geothermal piping neap the intersection of West Lincoln Avenue and McKinley Street as requested with the following conditions: 1) The geothermal piping be installed in a manner that is approved by the Dept. of Public Works with no modifications or changes in construction procedure without prior approval by the Dept. of Public Works. 2) If no longer needed, the geothermal piping be properly abandoned and removed in accordance with City standards and under the direction of the Dept. of Public Works. 3) Any problem which may arise as a result of the placement of the geothermal piping be the responsibility of the petitioner, contractors and owner to correct in coordination with the Dept. of Public Works. 4) All appropriate permits be obtained prior to the start of placement of the geothermal piping. 5) The geothermal piping be modified or removed immediately upon the request of the City. 6) The facility be part of and documented with Digger's Hotline system. 7) The petitioner and contractors secure and submit 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. 8) It is the responsibility of the petitioner 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 privilege in street upon 10 days notice. 9) The petitioner and contractors execute hold harmless agreements with the City. Seconded by Thoms. Motion carried 7-0. IIIB. PLANNED DEVELOPMENT REVIEW FOR THE EXPANSION OF THE ELMWOOD CENTER OFFICE BUILDING AT THE SOUTHEAST CORNER OF WEST LINCOLN AVENUE AND ELMWOOD AVENUE The petitioner is requesting approval of a planned development to expand the existing Elmwood Center office building to the west, which requires base standard modification for front yard setbacks as well as alterations to the site amenities such as walks, patios and landscaping. Mr. Buck presented the item and reviewed the site plan and the addition to the Elmwood Center for the purpose of office space use. He explained the base standard modification for the front yard setbacks and noted that the encroachment into said setbacks was not inconsistent with other campus developments. He also discussed the base standard modification mentioned in the staff report for signage for the Center and reviewed the building elements and features and the proposed landscaping for the site which far exceeds the requirements. Plan Commission Minutes April 21, 2009 Mr. Thoms questioned if the setbacks were to protect pedestrians, since they were going to be reduced would there be trees or other vegetation between the building and the road. He also questioned if the majority of the users of the Center would be students, why there would be a need for signage on the site. Mr. Buck responded that the terraces on the campus were very large with walkways and vegetation present which should alleviate any safety issues for pedestrians. He further explained that setbacks were required for the purpose of preserving a visual plane along the street which should not be an issue on this site. In regard to the signage, Mr. Buck explained that the petitioner did not submit any request for signage on the site, however staff assumed some type of identification would be necessary and was offering the base standard modification for signage to be regulated as if in a C-1 Zoning District as a compromise. He further explained that the signage was necessary as a way finding issue since the campus has numerous buildings. Ms. Propp inquired if the signage for the Elmwood Center would be similar to the signage on the other buildings on campus. Tom Sonnleitner, representing the University, 800 Algoma Boulevard, stated that the signage would match the signage on other campus buildings and would not exceed the 10% of wall area mentioned in the staff report. He further stated that all new signs were installed in 2002 which assists parents, visitors, fire and police with identification of buildings on the campus. Motion by Nollenberger to approve the planned development for the expansion of the Elmwood Center office building at the southeast corner of West Lincoln Avenue and Elmwood Avenue as requested with the following conditions: 1) Base Standard Modification for the front yard setback (West Lincoln Avenue) from 25 feet to 9 feet 2 inches. 2) Base Standard Modification for the front yard setback (Elmwood Avenue) from 25 feet to 17 feet 9 inches. 3) Base Standard Modification to permit on-site signage to be regulated as if in a C-1: Neighborhood Business District. 4) Drainage, erosion and stormwater management plans be reviewed and approved by the Department of Public Works. Seconded by Borsuk. Motion carried 7-0. IVA. ZONE CHANGE FROM R-5 MULTIPLE FAMILY AND R-1 SINGLE FAMILY DISTRICTS TO R-5PD MULTIPLE FAMILY DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY FOR THE OSHKOSH ATHLETIC COMPLEX/TITAN STADIUM, 450 JOSSLYN STREET The petitioner is requesting a zone change from R-5 Multiple Family and R-1 Single-Family Districts to R-5PD Multiple Family District with a Planned Development Overlay. Mr. Nau presented the item and explained that the 36 acre site is currently split zoned with 33 acres zoned R-5 and 3 acres zoned R-1. The change to an R-5PD for the entire site would make the entire complex area one consistent zoning district and would allow the University some flexibility in developing and implementing future plans for the sports complex while providing the City review and oversight of development plans. He also reviewed the uses surrounding the site. Plan Commission Minutes April 21, 2009 Since Item IVB is related to this request, it was decided to discuss that item as this point before a vote is taken on Item IVA. IVB. PLANNED DEVELOPMENT REVIEW FOR THE ADDITION OF PARKING LOTS, A SOFTBALL STADIUM AND SIGNAGE AT THE OSHKOSH ATHLETIC COMPLEX/TITAN STADIUM, 450 JOSSLYN STREET The petitioner is requesting approval of a planned development to expand the existing Oshkosh Athletic Complex/Titan Stadium by adding two parking lots, a women's softball stadium and add booster and donor signage to the existing stadium facade. Mr. Buck presented the item and explained that the proposed parking lots would replace the two existing graveled lots on the site with Lot A containing 60 stalls and Lot B 40 stalls. Lot A would require a base standard modification for the side/north transitional yard setback and both lots would be required to meet landscaping requirements. He added that the addition of the parking lots would add 100 stalls to the site which should alleviate some of the parking congestion on the streets. He also reviewed the softball stadium layout and elevations and explained the base standard modification necessary for the front yard setback. He also reviewed the proposed nine unlit infill signs to be installed on the stadium. Mr. Buck also reviewed a letter which was distributed to Commission members prior to the meeting, from Ronald Maurice, Jr., 1005 Taft Avenue, an adjacent property owner, who objected to any expansion of use on the site due to issues with noise, lighting, parking, and people trespassing on his property. Mr. Thoms commented that Mr. Maurice makes some good points and questioned if preserving the small section of the site in the R-1 zoning district would offer some protection to the residential uses to the north of the stadium. Mr. Buck responded that preserving the R-1 zoning district on those three acres would not provide any protection as the use on this parcel has already been established and would continue. The benefit of the R-SPD zoning district would be that it regulates any additions to the site as new changes or future developments would be required to come through the process of the Plan Commission and Common Council for approval. Mr. Thoms commented that the 5 foot fence along the side/north transitional yard of parking lot A was not tall enough to be adequate. Mr. Buck stated that the code requires either landscaping or fencing along this area and staff was requiring both to be installed for the purpose of protecting the residences from car lights and garbage. James Lang, 500 Joslyn Street, stated that he has lived there for 45 years and does not have an objection to the use. He is in support of the stadium activities, however he would like to request that the proposed 5-foot fence along parking lot A be removed from the conditions as he has 48 arborvitae bushes planted along that area and the solid wood fence would shade out his bushes. Evon Vanornum, 943 Taft Avenue, stated that she has issues with people jumping the fence and trespassing on her property, the trees along that area are not watered and have died, the lights are too intense and directed at her home, the noise issues during and after games, and drainage issues from the site have compromised the soil around her house. She further commented that she did not feel the additional parking stalls would alleviate the congestion on the streets and objected to local funds being Plan Commission Minutes April 21, 2009 spent on a state entity. She also objected that the hedges along Joslyn Street have been cut down as they acted as a buffer for the apartments across the street. Ms. Propp questioned the height of the fence between the stadium and Ms. Vanornum's property. Ms. Vanornum replied that the fence is 6 foot high chain link. Tom Sonnleitner stated that he appreciated the work that both the City staff and campus planners have spent on this project which would result in 9.6 million dollars worth of improvements to the site obtained from donations. The current use of the site would not change and the improvements will allow for better use. He further stated that since 2004, the University has followed community requests for improvements to the site such as the drainage issues, planting of trees on two occasions, speakers being redirected toward the river to alleviate noise complaints, and lighting installed in 2004 and directed as best as possible to not disturb the residences surrounding the site. Parking was not allowed on Joslyn Street by the apartment complex and police are addressing complaints from neighbors regarding other issues. They have increased cleaning staff to alleviate complaints of litter on residential properties following games and have changed times of clean up from the next morning to directly following the games. They are currently researching lower sound value clean up equipment to satisfy complaints of noise issues following games and the blacktopping of the parking lots should reduce dust. They have held neighborhood meetings in 2006, 2007 and 2008 to listen to neighbors' concerns and address the issues. Ms. Propp questioned if the University found the conditions acceptable on this request. Mr. Sonnleitner stated that the conditions were acceptable and they would work with the City on any issues that may arise. Ms. Propp asked if the area that was currently zoned R-1 was used for parking purposes. Mr. Sonnleitner stated that it had not been recently and with the additional parking stalls in the lots that need would be eliminated. Occasionally tents may be placed in that area during activities at the stadium. Mr. Thoms inquired if additional buffers could be considered on the Taft Avenue side of the site. Mr. Sonnleitner responded affirmatively. Ms. Mattox asked what time the stadium events end and what materials would be used to construct the signs. Mr. Sonnleitner replied that most events end by 10:30 pm, but 3-4 times a year they may run later. Al Ackerman, 800 Algoma Boulevard, stated that the signs would be made of a mesh material to allow air to pass through them. They were more aesthetically pleasing and would be replaced every 3 to 4 years. Mr. Thoms questioned if the signs meet the standards of the City in regards to size. Mr. Buck replied that signage in a commercial district was allowed up to 30% of the wall area. Plan Commission Minutes April 21, 2009 Mr. Thoms commented that since this was a residential area, he did not feel that commercial standards should be allowed for the signage. Mr. Ackerman stated that the signs were made to fit in the openings of the stadium and to reduce their size would not allow them to be properly anchored in the openings. Mr. Esslinger inquired if any of the actions today, if approved, would affect the use on the site and if parking would be able to be extended into the area that is currently zoned R-1. Mr. Buck reiterated that the use on the site has already been established and the benefit of the R-SPD zoning district would be that it regulates any additions to the site as new changes or future developments would be required to come through the process of the Plan Commission and Common Council for approval. In regard to the parking issue, parking on the north side of the site by the residences would not be allowed. Motion by Nollenberger to approve the zone change from R-S and R-1 to R-SPD for the Oshkosh Athletic Complex/titan Stadium at 450 ,Iosslyn Street as requested. Seconded by Mattox. Motion carried 7-0. Motion by Borsuk to approve the planned development for the addition of parking lots, softball stadium, and signage at the Oshkosh Athletic Complex/Titan Stadium at 450 ,Iosslyn Street as requested with the following conditions: 1) Planned Development Overlay District is applied to the site. 2) Base Standard Modification for the side/north transitional yard from 19 feet 2 inches to 16 feet. 3) Landscaping for the parking lots is provided as regulated within the Zoning Ordinance. 4) Base Standard Modification for the front yard setback of the softball stadium from 25 feet to 7 feet 10 inches. S) Building materials used for the stadium be consistent with those of the existing Titan Stadium, as approved by the Department of Community Development. 6) Signage directly relate to the sports complex and stadium for which they are located, as approved by the Department of Community Development 7) Drainage, erosion and stormwater management plans be reviewed and approved by the Department of Public Works. Seconded by Esslinger. Motion carried 7-0. V. DETERMINATION OF LAND USE CONSISTENCY WITH CITY OF OSHKOSH COMPREHENSIVE PLAN FOR AGRICULTURAL LANDS LOCATED IN THE 6000 BLOCK OF SHERMAN ROAD IN THE TOWN OF VINLAND This item was withdrawn from the agenda and will be re-considered at a future meeting. VL ZONE CHANGE FROM M-2 CENTRAL INDUSTRIAL DISTRICT TO C-3DO CENTRAL COMMERCIAL DISTRICT WITH DOWNTOWN OVERLAY FOR PROPERTY GENERALLY BOUNDED BY WAUGOO AVENUE, CEAPE AVENUE, COURT STREET AND STATE STREET This request is for a zone change from M-2 Central Industrial District to C-3D0 Central Commercial District with a Downtown Overlay. Plan Commission Minutes April 21, 2009 Mr. Nau presented the item and explained that it is part of the City's effort to analyze the current City zoning map to find inconsistencies and nonconformities in regard to existing land uses and recommended uses located in the Comprehensive Plan. This area has been examined and determined that a better zoning district is suited for the area that would change legal nonconforming uses to legal conforming uses and would maintain the conforming status of preexisting legal uses. The area is currently zoned as manufacturing although no manufacturing uses exist there any longer. A neighborhood meeting was recently held to discuss the matter and no objections were raised to the suggested change in zoning classification by property owners. Mr. Thoms questioned if all the uses that exist currently in the area will now be conforming uses. Mr. Nau responded affirmatively. Motion by Thoms to approve the zone change from M-2 to C-3D0 for property generally bounded by Waugoo Avenue, Ceape Avenue, Court Street, and State Street. Seconded by Borsuk. Motion carried 7-0. OTHER BUSINESS Discussion on the Comprehensive Plan Implementation Report was delayed and will be discussed at a future meeting. There being no further business, the meeting adjourned at approximately 5:40 pm. (Thoms/Borsuk) Respectfully submitted, Darryn Burich Director of Planning Services Plan Commission Minutes April 21, 2009