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HomeMy WebLinkAboutMinutesPLAN COMMISSION MINUTES JULY 7, 2009 PRESENT: David Borsuk, Ed Bowen, Jeffrey Thorns, Thomas Fojtik, Paul Lowry, Dennis McHugh, Kathy Propp, Robert Vajgrt, Karl Nellenberger EXCUSED: Kent Monte, John Hinz STAFF: Darryn Burich, Planning Director; David Buck, Principal Planner; Darlene Brandt, Recording Secretary Chairman Fojtik called the meeting to order at 4 pm. Roll call was taken and a quorum declared present. The minutes of June 16, 2009 were approved as distributed (Nollenberger /Thoms). Chairman Fojtik noted that the Planned Development Review at 1990 Menard Drive had been withdrawn from the agenda by the applicant. I.A. EXTRATERITORIAL LAND DIVISION, 4000 BLOCK OF ISLAND VIEW DRIVE, TOWN OF OSHKOSH William Monteith, owner The owner is requesting approval to create one lot in the Town of Oshkosh in the 4000 Block of Island View Drive. I.B. EXTRATERRITORIAL LAND DIVISION, 3240 CLAIRVILLE ROAD, TOWN OF ALGOMA Ray Jones, owner The owner is requesting approval to create 2 lots at 3240 Clairville Rd. in the Town of Algoma. Mr. McHugh inquired if this land division is encroaching on the proposed official mapping of a north/south road? Mr. Burich replied no. Mr. Borsuk inquired if there is any concern with the size /location of Lot 2 and the farmland to the north of the proposed lot? Mr. Buck replied no. That section of land is 80 ft. wide and will probably be used for a street in the future when the land is developed. I.C. GRANT PRIVILEGE IN STREET TO UW- OSHKOSH TO REPLACE /INSTALL UNDERGROUND STEAM AND CONDENSATE LINES IN HIGH AVENUE AND ADJACENT TO 800 ALGOMA BLVD. UW- Oshkosh, owner /applicant The owner is requesting a privilege in street to install /replace underground steam and condensate lines within the right -of -ways of High Avenue, adjacent to 845 High Ave., and Algoma Blvd., adjacent to 800 Algoma Blvd. Plan Commission Minutes July 7, 2009 I.D. GRANT EASEMENT TO UW- OSHKOSH FOR PLACEMENT OF CONDUIT AND FIBER OPTIC CABLE ALONG THE RECREATIONAL TRAIL IN CARL E. STEIGER PARK UW- Oshkosh, applicant UW- Oshkosh is requesting an easement to permit placement of conduit and fiber optic cable along the north side of the existing recreational trail in Carl. E. Steiger Park. The easement will enable the University to connect fiber optic from the campus area to the Facilities Management Building, now located at 650 Witzel Avenue. Mr. Thorns inquired if the long term use of the property would always be a park or would the land ever be developed? Mr. Buck believed the property would always be a park. Motion by Nollenberger to move approval of the consent agenda with the following conditions: LA. Extraterritorial Land Division 400 Block Island Hew Drive 1) The final certified survey map contain the following verbiage `A wetland delineation must be completed prior to any land disturbance on a lot. LB. Extraterritorial Land Division 13240 Clairville Road 1) The final certified survey map contain the following verbiage `A wetland delineation must be completed prior to any land disturbance on a lot. L C. Privilege In Street, High Avenue and Algoma Blvd 1) The private steam condensate lines be installed in a manner that is approved by the Dept. ofPublic Works with no modifications or changes in construction procedure without prior approval by the Dept. ofPublic Works. 2) If no longer needed, the private steam condensate lines be properly abandoned and removed in accordance with City standards and under the direction of the Dept. ofPublic Works. 3) Any problem which may arise as a result of the placement of the private steam condensate lines be the responsibility of the petitioner, contractors and owner to correct in coordination with the Dept. ofPublic Works. 4) All appropriate permits be obtained prior to the start ofplacement of the private steam condensate lines. 5) The steam condensate lines 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 Lowry. Motion carried 9 -0. Plan Commission Minutes July 7, 2009 II.A. ACCEPT EASEMENTS FOR PARKING LOT RECONSTRUCTION PROJECT 400 BLOCK, NORTH MAIN STREET H.B. CHANGE ALLEY FROM PUBLIC RIGHT -OF -WAY TO PEDESTRIAN MALL 400 BLOCK, NORTH MAIN STREET The City of Oshkosh and Oshkosh Transportation Department are requesting the City accept necessary easements and change the designation of a portion of an alley to a pedestrian mall to implement improvements for the 400 Block East parking lot reconstruction project. Mr. Nollenberger stated he is excited about the project. Is it consistent with the approved Downtown Action Plan? What type of landscaping will be used? Mr. Burich replied yes, the project is consistent with the Downtown Action Plan. Referring to a powerpoint slide, Mr. Burich noted landscaping will include ornamental trees and shrubs, and green areas, as well as decorative fencing and masonry. Mr. Bowen asked for clarification that any loss of parking spaces by property owners would only be those that currently have parking spaces? Mr. Burich replied yes. Mr. McHugh inquired what would be the net lost revenue on the parking lot for 15 years? Mr. Chris Strong, Transportation Director, replied that based on a study completed last fall, the parking lot is not at 100% utilization and even if it were, the Parking Utility could support this. Based on spaces being available in the lot, there would not be any lost revenue. Mr. McHugh stated it was his understanding there wasn't enough parking and that is why this project was being done for extra parking area. Mr. Borsuk inquired how the 15 year term was arrived at? Mr. Strong replied that was what the property owners and city agreed upon. Spaces under the agreements will be assigned; spaces closer to the buildings will be for customers. Mr. Thorns inquired how deliveries would be made if the alley is no longer available for parking? Mr. Burich noted there is a drive aisle /lane behind the buildings that delivery trucks can park in. Mrs. Propp felt this is a good project and needed. She felt it is important that public funds be used to do the project and unify the area. This will be a shot in the arm economically for those businesses. Mr. Fojtik felt if the proposed improvements were similar to how the 400 block west was done, it will be a boost for the downtown. Mr. Borsuk stated the only problem he saw was with the 15 year term; he would rather see the easements be in perpetuity. Plan Commission Minutes July 7, 2009 Mr. Thorns agreed. This is a good public safety project and very important for the downtown. These businesses should not have to worry about parking for their tenants or customers. Atty. Lynn Lorenson, City of Oshkosh, stated the affected property owners felt 15 years was a reasonable time frame for free parking. Motion by Lowry to move approval of accepting necessary easements and changing the alley to a pedestrian mall as requested to implement the 400 block parking lot reconstruction project.. Seconded by Propp. Motion carried 8 -1 (Nay: McHugh) III. PLANNED DEVELOPMENT REVIEW 1990 MENARD DRIVE Item withdrawn by applicant. IV. ZONE CHANGE FROM M -2 TO R -2 410 411 WEST 5TH AVENUE Gerard and Felicitas Zarling are requesting rezoning of their property at 410 W. 5th Avenue from M -2 Central Industrial to R -2 Two Family. The property is for sale and potential buyers are having difficulty obtaining financing due to the industrial zoning classification, which does not permit residential uses. Mr. Buck noted that upon reviewing the Zarling's request and other land uses on both sides of W. 5th Avenue, staff noted the vacant lot on the south side of W. 5th Avenue, adjacent to 421 W. 5th Ave., was also zoned industrial. Staff contacted that owner, who lives at 421 W. 5th Ave., to inquire if they were interested in changing the zoning of this lot to residential. Rezoning these lots, which are in an approved redevelopment area, is consistent with the Comprehensive Plan. Mr. Thorns inquired about the residential properties along West 6th Avenue? Mr. Buck noted staff is reviewing this area and a possible downzoning will be coming before the Plan Commission in the near future. Motion by Borsuk to approve the rezoning from M -2 to R -2 as requested. Seconded by Thoms. Motion carried 9 -0 V. CONDITIONAL USE PERMIT FOR AUTOMOBILE SALES 640 N. MAIN STREET Andrei Biesinger of 640 North Main LLC is requesting renewal of a conditional use permit to allow automobile sales and service at 640 N. Main Street. Mr. Buck stated the Common Council approved the conditional use permit in July 2007 with a condition that the permit was good for 2 years to allow staff to monitor and review the operation to ensure the owner did not violate any of the conditions placed on the permit due to the history of the property. Mr. Buck noted the site has not had any significant zoning issues or violations in the past 2 years and staff is recommending the conditional use permit be granted with conditions as noted on the original permit approval, but with no time limitation. Mr. Andrei Biesinger, 640 N. Main St., thanked the Commission for their support in permitting this business at this location. The service center has been profitable and Mr. Biesinger noted he has kept the site clean. Plan Commission Minutes July 7, 2009 Motion by Lowry to approve a conditional use permit for automobile sales /service at 640 N. Main St. with the following conditions: 1) Parking or temporary vehicle storage is prohibited outside designated parking spaces. 2) Parking of vehicles for service or sales related uses are prohibited from utilizing the public street. 3) Outside storage ofparts, tires, fluids, and other automobile service related items shall be placed within the designated enclosure area only. 4) Storage of junked vehicles and vehicles not in an active state of repair is prohibited. 5) Vehicles parked in designated parking areas shall be in an active state of repair and shall not be placed on vehicle supports such as jacks, stands, or blocks. 6) Servicing of vehicles is prohibited in areas outside of service bays within the principal structure. 7) Vehicles displayed for sale shall be immediately operable on the public street with required registration and title. 8) Not more than two boats for sale shall be allowed on the premises at any one time. Seconded by Borsuk. Motion carried 9 -0. VI. ACCEPT LAND ON WESTHAVEN DRIVE, SOUTH OF 2485 WESTHAVEN COURT, FOR PARK PURPOSES Midwest Real Estate Development requests the City accept a 1.56 acre parcel of land on South Westhaven Drive, south of 2485 Westhaven Court, for park and recreational purposes. Mr. Burich stated this lot was created in 1990 as part of the Country Side Estates Subdivision. The owner has not been able to sell the lot due to floodplain and wetland issues and now would like to donate the lot to the City for expansion of Abbey Park. Motion by Nollenberger to move acceptance of the lot for park-purposes. Seconded by Borsuk. Motion carried 9 -0 VII. AMEND ZONING ORDINANCE, SECTION 30 -27 DOWNTOWN OVERLAY DISTRICT Mr. Burich noted this is a significant rewrite to the Downtown Overlay District to provide a minimal level of design standards to ensure protection of historic structures in the downtown from inappropriate alterations. Mr. Burich reviewed the basic changes of the proposed update, which are consistent with previous Plan Commission discussion on this item. He also provided examples /pictures of various building facades in the downtown illustrating different types of signage and building alterations that would not be permitted under this proposed amendment. The Ordinance amendment is intended to maintain uniformity and integrity of historic buildings in the downtown. Mr. Lowry noted that sandwich board signs would be permitted under the amendment. He inquired about permitting more than one, given the fact that most downtown businesses have a front and back entrance and both need signage. Plan Commission Minutes July 7, 2009 Mr. Burich felt that was reasonable and would look into it. Mr. Fojtik inquired why fast food businesses would be discouraged in the downtown? Some of the newer designs are of an old fashion nature /theme. Mr. Burich stated the intent is to discourage buildings with a drive thru. Mr. McHugh inquired why internal illuminated signs would not be permitted? In the 20's and 30's, florescent signs were the thing. Mr. Burich stated the intent is to recreate an historic looking district where internally illuminated wall cabinet signs would be prohibited but neon type signs would be permitted. Mr. McHugh stated he explores historic districts around the country and most have murals. Why are they not permitted here? Mr. Borsuk believed there was a lot of discussion on murals in the past and a consensus could not be reached so the issue was dropped. Mr. Thorns inquired if work/improvements are done on the front, would anything have to be done on the back? Mr. Burich noted owners would not be required to make improvements to both facades if they are only looking to improve one. Mr. Thorns inquired about the Community Foundation facade project will that program need to comply with the new regulations if the amendment is approved? Mr. Burich stated staff worked with the architect designing the facades based on the updated regulations and the work being proposed is consistent with the Ordinance. Mr. David Sparr, 103 High Avenue, Chairman of the Business Improvement District, felt this is a good start and consistent with what the BID Board is trying to do in the downtown. Mr. Thorns inquired if downtown property owners have been made aware of these proposed changes, and what are their thoughts. Mr. Sparr noted several downtown property owners are on the BID Board and they did not express any significant concerns. Mr. Burich noted the Plan Commission has held workshops on this, staff made a presentation to the BID Board; and staff worked with the architect involved with the Community Foundation's facade program. Mrs. Propp felt the amendment is reasonable and liked the administrative flexibility. She would, however, like to see some financial incentives to assist downtown property owners in making changes to their buildings that will adopt these proposed changes. Mr. Burich noted that $164,000 is being targeted for improvements to downtown facades through the Community Foundations program. He noted this is a start at trying to provide some protection for the downtown. Plan Commission Minutes July 7, 2009 Motion by Propp to move approval of amending Section 30 -27 Downtown Overlay District as proposed. Seconded by Lowry. Motion carried 9 -0 Mr. Burich noted that a joint workshop between the Plan Commission and Common Council will be held on August 17th at 5 pm at City Hall to review the Oshkosh Vision report. Copies of the report will be forwarded when we receive them. There being no further business the meeting adjourned at 5:25 pm (Lowry /Thoms) Respectfully submitted, DARRYN BURICH Planning Director Plan Commission Minutes July 7, 2009