HomeMy WebLinkAboutMinutesPLAN COMMISSION MINUTES
July 21, 2009
PRESENT: Ed Bowen, Jeffrey Thorns, Thomas Fojtik, Dennis McHugh, Kathleen Propp, John Hinz,
Karl Nollenberger
EXCUSED: David Borsuk, Paul Lowry, Kent Monte, Robert Vajgrt
STAFF: Darryn Burich, Director of Planning Services; Jeff Nau, Associate Planner; Steve Gohde,
Assistant Director of Public Works; Deborah Foland, Recording Secretary
Chairperson Fojtik called the meeting to order at 4:01 pm. Roll call was taken and a quorum declared
present.
The minutes of July 7, 2009 were approved as presented. (Nollenberger /Thoms)
I.A. GRANT UTILITY EASEMENT FOR PROPERTY LOCATED ON PARCELS H I IN
THE MARION ROAD/PEARL AVENUE REDEVELOPMENT AREA
City Administration requests the Plan Commission grant a public utility easement in the Marion
Road/Pearl Avenue Redevelopment Area. The easement is needed to accommodate the undergrounding
of utilities for redevelopment parcels H and I.
Mr. Nau presented the item and reviewed the site. He explained that the proposed easement would be
filling a void in the area where easements were previously granted, but at that time plans had depicted a
street separating parcels H and I in this location.
There was no discussion on this item.
Motion by Nollenberger to approve the utility easement for the undergrounding of utilities for
property located on parcels H and I in the Marion Road/Pearl Avenue redevelopment area as
requested.
Seconded by Propp. Motion carried 6 -0.
Mr. Bowen arrived at 4:10 pm.
II. TUCHSCHERER ANNEXATION
The petitioner is proposing direct annexation (by unanimous approval) of approximately 0.22 acres of
land currently located in the Town of Oshkosh.
Mr. Nau presented the item and reviewed the site and surrounding properties. He explained that the
petitioner is requesting annexation to enable them to connect to city utilities and have access to city
services such as police and fire protection. The state has reviewed the request and determined that it is
in the public interest to allow this annexation. The Department of Public Works has also reviewed the
request and have budgeted the extension of city services to this area by 2010. Both the Oshkosh Fire
and Police Departments have reviewed the annexation request and do not have any concerns with
Plan Commission Minutes
July 21, 2009
providing services to this property. The petitioner is requesting a zoning classification of R -1 Single
Family Residence District which is compatible with the Comprehensive Plan.
Ms. Propp questioned who owns the two lots to the south and where the Sanitary District for the town
was located.
Mr. Nau responded that the property adjacent to the site was not a private lot but a fire lane and the
property owner of the other vacant parcel to the south was contacted, however the owner was
considering building on the site sometime in the future but was not interested in annexing into the city at
this time.
Steve Gohde, Assistant Director of Public Works, stated that the Sanitary District for the Town of
Oshkosh was located to the north in the Island View Drive area.
Motion by Nollenberger to approve the Tuchscherer annexation as requested.
Seconded by Propp. Motion carried 7 -0.
III. DEVELOPMENT PLAN REVIEW APPROVAL FOR NEW BUILDING PROJECT
(ACCU -COM) IN MARION ROAD/PEARL AVENUE REDEVELOPMENT AREA AND
AMEND CONDITIONAL USE PERMIT FOR A MIXED COMMERCIAL
RESIDENTIAL STRUCTURE (ADDING 5 NEW UNITS) AND APPROVE BUILDING
ELEVATIONS
Oshkosh River Development has submitted site plans and elevations for Zoning Ordinance review and
approval for two proiects to be developed in the Phase II Area of the Marion Road/Pearl Avenue
Redevelopment Area. One of the two projects is for a 7,300 square foot 1 -2 story office building to be
constructed on the southeast corner of Pearl Avenue and Riverway Drive, which will be occupied by
Accu -Com. The second project involves expansion of the building footprint for the previously approved
mixed commercial residential structure that is to be constructed on the southwest corner of Pearl Avenue
and Jackson Street. No adjustments or reviews are requested for the pharmacy site development and it is
shown to illustrate how the overall development is planned.
Mr. Burich presented the item and reviewed the site plans, the proposed office structure on Pearl Avenue
and Riverway Drive, the extension of the mixed commercial residential use on Pearl Avenue and
Jackson Street, as well as the elevations for the proposed structures. He stated that the mixed use
development would be continuing the previously approved design to the south and reviewed the floor
plans for both levels of this proposal. He also reviewed the original site plan involving the pharmacy
and mixed -use building which was previously approved by both the Plan Commission and the Common
Council. The action requested today involves only the approval for the Accu -Com development and the
larger mixed -use building.
Mr. Nollenberger stated that at the RDA meeting recently, one member felt that there was too much
parking area on the site to fulfill the urbanized appearance the city was seeking to achieve and
questioned if the developer would consider a two -level parking garage on the site.
Mr. Burich responded that the buildings were all planned to be constructed around the perimeter of the
site with the surface parking to be located in the internal area of the development; however this would
not preclude installing a two -level parking facility in the future if necessary.
Plan Commission Minutes
July 21, 2009
Andy Dumke, 2030 Menominee Drive, stated that at this point a two -level parking garage was cost
prohibitive and that the parking stalls proposed meets code requirements for the development. If a
garage would be considered to be constructed in the future would depend on what would be developed
on the other parcel in the redevelopment site.
Mr. Nollenberger questioned if the development would initiate higher value on the property if it would
drive a necessity to put up a parking structure.
Mr. Dumke responded that they had not constructed parking garages for any of their previous
developments, but if the market would dictate the need, it could be done. At this time, however, it did
not make economic sense to include that in the current plans.
Mr. Bowen inquired if Riverway Drive currently extends through to Marion Road.
Mr. Burich replied that it did not extend to that point currently.
Mr. Thorns questioned at what time the extension would be completed.
Mr. Burich responded that it would depend on when the city would have control of the remaining land in
that area.
Ms. Propp asked if the upper floor of the mixed use development would be constructed of all EFIS.
Mr. Burich replied that it would be a combination of brick and EFIS.
Mr. Bowen inquired if the Accu -Com structure would be constructed of mainly brick.
Mr. Burich replied affirmatively.
Ms. Propp asked if EFIS was a negative building material.
Mr. Dumke responded that the material does not hold up well over time and that cement board was being
considered instead of the EFIS or possibly additional brick. They would try not to use EFIS if possible.
Mr. Gohde stated that the Department of Public Works has concerns with the drive thru on the mixed use
development as it would be located close to the right -of -way on Jackson Street and could cause traffic to
be blocked by customers attempting to turn left out of the site.
Mr. Burich commented that traffic issues created by the full access drive on Jackson Street had been
addressed with the approval of the previous development plan and CUP that included a condition to re-
review the driveway after three years to determine if modifications were necessary to alleviate traffic
safety issues.
Ms. Propp commented that although the number of parking stalls may meet code requirements, the
amount of parking stalls seemed excessive for the development.
Mr. Dumke stated that the code requirements are there for a reason and the development could run into
problems with less parking stalls. As a fail safe when dealing with retail development use, it is better to
have additional stalls than not enough as many tenants require a specific number of stalls before they
will be willing to enter into a lease.
Plan Commission Minutes
July 21, 2009
Mr. Burich commented that the number of stalls was appropriate for a retail development of this size
where smaller retailers need sufficient parking and that the real problem with the Zoning Ordinance
(prior to the Ordinance change) was the amount of parking required for larger and big box users that
created the large parking areas.
Ms. Propp inquired if there was any room for a rain garden for stormwater detention on the site.
Mr. Dumke responded that they were still running calculations on the plans and that stormwater was
anticipated to be filtered through the parking lot landscape islands and additional islands may be added if
necessary. These plans are still being developed.
Mr. Burich added that vegetation and trees will be added to the site as well and landscape plans will
require approval of the Department of Community Development at permit issuance. Code requirements
will dictate the number of trees and shrubs along the perimeter of the site also.
Ms. Propp questioned if outdoor seating would be included for the restaurant use.
Mr. Dumke pointed out the area on the site plan designated for outdoor seating which was located on the
back side of the development. He commented that the area could be increased with the elimination of
some parking stalls if necessary.
Mr. McHugh stated that he was very disappointed in a strip mall development on this site. He
commented that this was not the vision the city had for this area and after investing millions of dollars in
the redevelopment site, he felt the proposed development was absolutely wrong.
Mr. Thorns commented that he did not agree with this opinion and he did not see other developers
submitting proposals for the site and that it was a very difficult time with the current economy to
develop projects. He further stated that he felt this development had potential to be good and over time
the market would dictate what would happen with the apartment complex. He commended Oshkosh
River Development on their proposal and stated that it was necessary for the city to move forward with
some type of plans for the site.
Mr. Bowen agreed with Mr. Thorns and stated that categorically this development was not a strip mall in
his opinion and that a mixed use development was the type of use that had been previously encouraged
for this site. The design and parking were not set up as a strip mall and the proposed development
providing services, restaurant use, etc. meets the requirements of the original study done on the
redevelopment area.
Mr. McHugh stated that $33 million was supposed to be invested by 2012 to provide sufficient funding
to pay off the TIF for this area and the taxpayers were going to have to bear the burden if adequate
development was not completed. He had the understanding that this development was proposed to
attract tourists to Oshkosh and he did not see any of the proposed uses that would be unique or attract
people to the city.
Mr. Fojtik commented that he felt that some people were looking for one grand answer when it comes to
development for this site and sometimes things are dealt with in smaller increments rather than one huge
concept. He stated that he felt that the proposed development for a portion of this area would increase
the general quality of life in Oshkosh.
Plan Commission Minutes
July 21, 2009
Ms. Propp agreed and stated that she felt that since this was the backside of the redevelopment area, she
thought that it was an appropriate proposal for the site. She further commented that she was hoping that
the riverfront portion of the site would have something more up scale developed in that area.
Motion by Nollenberger to approve the development plan for a new building in the Marion
Road/Pearl Avenue redevelopment area and amend the conditional use permit for a mixed
commercial residential structure and approve building elevations with the following conditions:
1. Final landscape plans to be approved by the Department of Community Development prior to
permit issuance.
2. Final approval of all site signage to be approved by the Department of Community Development
prior to permit issuance.
3. Approval of final building elevations, materials, and colors by the Department of Community
Development.
Seconded by Bowen. Motion carried 6 -1. Ayes- Bowen /Thoms/Fojtik/Propp /Hinz /Nollenberger.
Nays McHugh.
There being no further business, the meeting adjourned at approximately 5:40 pm. (Thoms/Hinz)
Respectfully submitted,
Darryn Burich
Director of Planning Services
Plan Commission Minutes
July 21, 2009