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HomeMy WebLinkAboutMinutesPLAN COMMISSION MINUTES November 3, 2009 PRESENT: David Borsuk, Ed Bowen, Jeffrey Thorns, Thomas Fojtik, Dennis McHugh, Kathleen Propp, John Hinz EXCUSED: Kent Monte, Robert Vajgrt, Karl Nollenberger STAFF: Darryn Burich, Director of Planning Services; David Buck, Principal Planner; Jeff Nau, Associate Planner; Steven Gohde, Assistant Director of Public Works; 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 October 20, 2009 were approved as presented. (Thoms/McHugh) I. ACCEPT SIDEWALK EASEMENT ALONG THE SOUTHERLY SIDE OF ROCKWELL AVENUE BETWEEN HIGH AND PEARL AVENUES The petitioner is requesting the City accept an easement for construction of public sidewalk along the southerly side of Rockwell Avenue between High and Pearl Avenues. Ms. Propp arrived at 4:02 pm. Mr. Nau presented the item and reviewed the site and surrounding area as well as the site plan for the new academic building to be constructed on the south side of High Avenue west of Rockwell Avenue. Mr. Bowen questioned if the City had plans to reconstruct Rockwell Avenue. Mr. Nau responded that there was no funding set aside in the CIP budget for next year that he is aware of at this time. Mr. Hinz inquired who would maintain the sidewalk as it would be located on private property. Mr. Nau replied that sidewalk maintenance is the responsibility of the property owner. Steve Gohde, Assistant Director of Public Works, added that the intent was for this to be a public walk and the acceptance of the sidewalk easement enables the City to enforce that the sidewalk is maintained as such. Mr. Thorns questioned if there were any concerns regarding the location of utilities. Mr. Gohde responded that the right -of -way was not being eliminated and with the additional width, it will allow for a much improved situation when Rockwell Avenue is eventually reconstructed. Plan Commission Minutes November 3, 2009 Thomas Sonnleitner, University of Wisconsin- Oshkosh, 800 Algoma Boulevard, stated that he urged the Plan Commission to approve the sidewalk easement as it would allow the new academic building to be constructed according to the approved plans. Motion by Borsuk to approve the acceptance of the sidewalk easement along the southerly side of Rockwell Avenue between High and Pearl Avenues as requested. Seconded by Thoms. Motion carried 7 -0. II. PLANNED DEVELOPMENT APPROVAL AND CONDITIONAL USE PERMIT FOR A TEMPORARY PARKING LOT USE AT 608 ALGOMA BOULEVARD (LINCOLN ELEMENTARY SCHOOL) The petitioner is requesting a Development Plan approval and Conditional Use Permit for utilization of an existing off street parking area at Lincoln Elementary School. This item was laid over from the October 20, 2009 Plan Commission meeting for further staff review of the proposal and to address concerns with the University. The application has been altered to now request a development plan approval as well as a conditional use permit for the temporary use of the Lincoln School parking lot for University purposes. Mr. Buck presented the item and reviewed the discussion that transpired at the last meeting regarding the request. He also reviewed the site and surrounding area and stated that the University is interested in purchasing the property, however the School District is not prepared to negotiate a sale at this time. The current request is to utilize the parking lot for student parking on a temporary basis to alleviate parking shortages in the campus area for the 2009 -2010 school season. The University restriped the parking lot and also the playground area in an effort to maximize the use of the lot, and in doing so, inadvertently created parking stalls that are substandard to code requirements. The 104 parking stalls were leased immediately as the University misunderstood that a conditional use permit or planned development review was required for this use. Staff met with representatives from the University since the last Plan Commission meeting and do not have issues with this as a temporary situation as the stalls have already been leased and completing improvements to the lot with winter approaching would be difficult. Approval of the temporary use would also help alleviate parking on the streets and front lawns of properties during this school season and would prevent the disruption to students who have already rented the stalls for the school year. The new proposal is requesting the use of the parking facilities for this school season only to be discontinued no later than August 31, 2010. Mr. Thorns questioned if the planned development addresses the substandard parking stall sizes and the use of the former playground area. Mr. Buck responded that the planned development will allow for the use of the graveled area and the substandard aisle and stall sizes. The conditional use permit would allow the use. Mr. McHugh inquired if a temporary use situation such as this one had been approved in the past. Mr. Buck replied that other requests have been approved with a contingency for a review in one to two years for compliance; however he could not recall any requests that involved the use of a parking lot. Mr. McHugh then inquired if the chain link fence on the site would remain. Mr. Buck responded affirmatively. Plan Commission Minutes November 3, 2009 Ms. Propp stated that the parking lot layout was not ideal and questioned how there could be some assurance that the use would not continue into next year. Mr. Burich replied that a condition was added to the request limiting the use until no later than August 31, 2010 and that once the time period had been exceeded, legal recourse could be pursued if the lot was not vacated and that the Planning Services staff would monitor the situation to ensure that there was compliance. He further stated that the petitioner was well aware of the circumstances and he did not anticipate any issues regarding the time limit. Mr. Hinz inquired if we would be setting precedence for future requests such as this by granting the use in this situation. Mr. Buck responded that this is a special situation involving the University's settings. Mr. Burich added that each petition that comes before the Plan Commission is reviewed based on its own merits and not previous approvals of other requests. Thomas Sonnleitner, University of Wisconsin- Oshkosh, 800 Algoma Boulevard, stated that when the school site became available, parking stalls were desperately needed and the lot would be utilized by resident students and Oshkosh Area School District maintenance personnel only. The lack of parking area is a very important issue to the University so they moved quickly to lease the site as it was three weeks before the commencement of the school season when it became available. He further stated that they were not aware that a conditional use permit was necessary and that this was not the University's typical approach to such situations. The School District is planning on putting the property up for sale and the requested use should not be extended for more than this school year. The University does not want to pay for improvements to the site at this time as they do not own the property and should learn more in early 2010 regarding the School District's plan for the property which would determine if the use of the site would be pursued for a permanent arrangement. Mr. McHugh questioned the ability of the University to snow plow the gravel area on the site. Mr. Sonnleitner responded that they have skilled crews that deal with clearing snow from all types of surfaces and assured the Commission members that the lot would be adequately maintained. Ms. Propp commented that she felt it would be an appropriate use for the site on a temporary basis. Mr. Hinz agreed that the temporary use seemed to make sense and he would support the request based on the temporary use issue. Mr. McHugh agreed that the one year provision made the request more supportable and stated that the University had been a good neighbor. If they wanted to pursue the site after this school year, the Commission would have another chance to review any subsequent requests. Motion by Borsuk to approve the planned development and conditional use permit for a temporary parking lot use at 608 Algoma Boulevard as requested with the following conditions: 1) Use of the parking facilities is discontinued no later than August 31, 2010. 2) Base standard modification to permit substandard aisle and stall sizes within the lot, as proposed. Plan Commission Minutes November 3, 2009 3) All vehicles utilizing the lot be licensed and registered and be in operable condition. 4) Parking be limited to UW-O residents and OASD maintenance personnel only. Seconded by Bowen. Motion carried 7 -0. III. ZONE CHANGE FROM C -2 GENERAL COMMERCIAL DISTRICT TO C -1 NEIGHBORHOOD BUSINESS DISTRICT FOR PROPERTY LOCATED AT 1726 AND 1738 NORTH MAIN STREET (SE CORNER OF NORTH MAIN STREET AND EAST MURDOCK AVENUE) The applicant is requesting a zone change from C -2 General Commercial District to C -1 Neighborhood Business District for two parcels of land containing a two -story mixed use building and parking lot at the southeast corner of North Main Street and East Murdock Avenue. Staff, with consent and agreement of the owner Michael Grapentine, is including a parcel containing a single family home adjacent to the south. Mr. Buck presented the item and reviewed the site and surrounding area as well as the land use map of the area. He stated that the petitioner would like to convert the use of the structure to an entirely residential use however the current C -2 zoning classification does not allow for residential uses only. He would also like to retain the ability to convert the ground floor back to commercial use in the future. The residential property to the south of theses two parcels is a single family home which is a nonconforming use in the C -2 district as well. The C -1 zoning classification would be the most appropriate zoning designation for the subject area as its flexibility would allow both the residential uses while also allowing limited "residentially sensitive" commercial uses and is consistent with the City's Comprehensive Plan. Mr. Fojtik questioned if this zoning classification was traditional for this type of area. Mr. Buck responded that is was as it was a transitional area that contained both residential and commercial uses. Mr. Thorns inquired if the inclusion of the adjacent property to the south was just since it was convenient to do it at this time. Mr. Buck replied that would assist the property owner as an inappropriate zoning classification can create problems with both insuring the home and refinancing issues. He further stated that the current owner is marketing the property for sale which would provide the ability to sell the parcel to the property owner to the north if he was interested in expanding his use of the site. Motion by Borsuk to approve the zone change from C -2 General Commercial District to C -I Neighborhood Business District for property located at 1726 and 1738 North Main Street with the following conditions: 1. The lot containing the mixed use structure and the lot containing the accessory parking lot be combined. Seconded by Hinz. Motion carried 7 -0. Plan Commission Minutes November 3, 2009 IV. PLANNED DEVELOPMENT REVIEW APPROVAL FOR TWO SIGNS LOCATED ON THE WEST SIDE OF JACKSON STREET NORTH OF MARION ROAD IN THE MARION ROAD/PEARL AVENUE REDEVELOPMENT AREA (RIVERFRONT LANDING) Green Bay Sign and Design has submitted a site plan and elevations for two monument -style signs to be located along the west side of Jackson Street north of Marion Road. One sign will be a multi- tenant sign that will include Morton Pharmacy mid block at the driveway entrance to the development and the other a ground sign at the corner of Marion Road and Jackson Street that will be exclusively for Morton Pharmacy and including an electronic message center. Mr. Burich presented the item and reviewed the site and surrounding area, the land use map, locations of the proposed signs, and illustrations of said signs. He also reviewed the previously approved site plan for the development and commented that he did not have any issues with the proposed signage in general however he did have concerns regarding the electronic message center to be located on the Morton Pharmacy sign. He further stated that his concerns were that electronic message center would be for the use of Morton Pharmacy only and could generate other requests from tenants in the development for electronic message center signs for their businesses. Staff would like to see the electronic message center relocated to the multi- tenant sign for use by other businesses in the development. Mr. Bowen questioned if electronic message center signs were prohibited per code. Mr. Burich responded that these types of signs were not prohibited but were restricted to only one per parcel. Mr. Thorns inquired if staff had discussed the need of the electronic message center for other tenants in the development and questioned how it would work for multiple businesses. He also questioned if the signage meets all code requirements. Mr. Burich replied that the signage meets all code requirements and the necessity of other users would be a question more appropriate for the petitioner to answer. Mr. Borsuk asked if the electronic message would be crawling or static with one constant message or a continuous scrolling message. Mr. Buck responded that the petitioner could answer that question more effectively; however staff feels that some scrolling messages could cause distractions to drivers but they are not prohibited; only flashing signs are prohibited by code. Mr. Borsuk commented that he felt that the code requirements for these types of signs should be re- evaluated. Steve Morton, Morton Pharmacy, 200 City Center, stated that the electronic message center is difficult to function with multiple users and the message center was intended for Morton Pharmacy's needs only. Multiple tenants advertising on one message center can be confusing for citizens as they are not sure which business it belongs with. He further commented that their present location in City Center is 10,000 square feet and they would be expanding to 14,000 square feet to include grocery items; however these types of items require advertising to promote sales. As an example, he discussed the flu clinics they recently sponsored at two locations with advertising in both the newspaper and on a LED Plan Commission Minutes November 3, 2009 board and they found the LED board to be much more successful. He also stated that they were planning on utilizing a static message, not scrolling, and that there has been no request from other tenants to have a message center for their business. Mr. Thorns then asked Andy Dumke, developer for the site, if he would have an issue with other tenants wanting to share the electronic message center. Andy Dumke, 2030 Menominee Drive, stated that he has no interest in using the electronic message center for other tenants within the development. Mr. Morton stated that he felt moving the message center to the other sign would be confusing for citizens. Mr. McHugh questioned if the two signs proposed today would be the only signage for the site as he did not want to see it proliferated with signage. Mr. Burich responded that these two signs were the only ones being proposed for the development and the intent was that the main sign would serve the multi- tenant use with the second sign serving Morton Pharmacy only. Mr. Thorns proposed to amend the request by removing the conditions regarding relocating the electronic message center sign to the multi- tenant sign to allow Morton Pharmacy to have exclusive use of the electronic sign. Mr. Bowen stated that he would be supportive of such an amendment as he did not have an issue with the electronic message center signage providing that there would not be multiple ones at this location. Mr. Borsuk agreed as well providing that no additional signage will be requested for this development. Ms. Propp questioned if staff seen an issue with amending the request as stated. Mr. Burich responded that the request to centralize the electronic message center sign for the site would allow everyone to benefit from one sign only to reduce the need for each business in the development to have their own message center signs creating a hodgepodge signage look within the planned development. He further stated that there would be no down side to amending the request to allow the message center for Morton Pharmacy only providing that no other tenants would be requesting one in the future. Mr. Fojtik commented that Steve Morton was taking a risk by moving his business and the message center was a nice way to advertise his establishment. Mr. Thorns stated that he would not support any additional requests for electronic message centers within the development. Mr. Borsuk commented that the placement of the electronic message center should be reviewed by the Transit Advisory Board. Mr. Burich replied that all items that come before the Plan Commission are reviewed at an inter- departmental meeting which includes Transit, Police, and the Fire Departments prior to staff reports being prepared. Plan Commission Minutes November 3, 2009 Motion by Thoms to approve the planned development for two signs located on the west side of Jackson Street north of Marion Road in the Marion Road/Pearl Avenue redevelopment area with no conditions. Seconded by Borsuk. Motion carried 7 -0. OTHER BUSINESS Mr. Buck commented that he is currently working on an update to the City's Pedestrian and Bicycle Circulation Plan and gave a brief history of the steps taken to date on said update such as forming a Steering Committee, public outreach meetings and an online survey. He further stated that when a recommended draft is complete, it will go to the Traffic Review Board, Sustainability Advisory Board, Plan Commission and finally the Common Council for adoption. At this time, Mr. Fojtik asked for a volunteer from the Plan Commission to serve on the Bicycle/Pedestrian Plan Update Steering Committee. Mr. Thoms volunteered to serve on the committee. Motion by Propp to appoint Mr. Thoms to the Bicycle /Pedestrian Plan Update Steering Committee. Seconded by Bowen. Motion carried 7 -0. Mr. Borsuk commented that he felt the update to the meeting room was appropriate however he would like to see the charts and maps that used to be on the walls put back up as they are a very useful reference during the Plan Commission meetings. Mr. Fojtik and Mr. Thoms agreed. Mr. McHugh suggested that the items could be mounted on the wall behind the curtain. Mr. Burich commented that he would discuss the matter with administrative personnel to see if the request could be accommodated. There being no further business, the meeting adjourned at approximately 4:58 pm. (Propp/McHugh) Respectfully submitted, Darryn Burich Director of Planning Services Plan Commission Minutes November 3, 2009