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HomeMy WebLinkAboutMinutesPLAN COMMISSION MINUTES December 15, 2009 PRESENT: David Borsuk, Ed Bowen, Jeffrey Thorns, Thomas Fojtik, John Hinz, Dennis McHugh, Kathleen Propp, Kent Monte, Donna Lohry, Karl Nollenberger EXCUSED: Robert Vajgrt STAFF: Darryn Burich, Director of Planning Services; David Buck, Principal Planner; Jeff Nau, Associate Planner; Steven Gohde, Assistant Director of Public Works; 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. Mr. Fojtik gave a brief overview of proper procedures for conducting the Plan Commission meeting. The minutes of December 1, 2009 were approved as presented. (Thoms/Hinz) I.A. ACCEPT SIDEWALK EASEMENTS FOR PROPERTIES LOCATED AT 1137 BOWEN STREET AND 720 E. NEW YORK AVENUE The Department of Public Works is requesting acceptance of two sidewalk easements located at the west side of the intersection of E. New York Avenue and Bowen Street. Mr. Nau presented the item, reviewed the site, and explained that the purpose of the easements were to allow placement of ADA- compliant wheelchair ramps at the northwest and southwest corners of the intersection which were constructed this past summer. Motion by Nollenberger to approve sidewalk easements for properties located at 1137 Bowen Street and 720 E. New York Avenue as requested. Seconded by Borsuk. Motion carried 9 -0. I.B. ACCEPT STORM SEWER/DRAINAGE EASEMENTS FOR PROPERTIES LOCATED AT 220 THROUGH 255 S. WESTFIELD STREET The Department of Public Works is requesting acceptance of storm sewer /drainage easements located between 220/230 and 240/250 S. Westfield Street and 221/225 and 251/255 S. Westfield Street. Mr. Nau presented the item, reviewed the site and explained the purpose of the easement is to provide space needed to construct an upgraded storm sewer system through the S. Westfield Street area in the form of a four foot by six foot box culvert. The storm sewer system will convey runoff to the newly constructed Tipler Dry Detention Basin to the east. Ms. Lohry asked for clarification of the definition of a dry detention basin. Steve Gohde, Assistant Director of Public Works, responded that a dry detention basin is one that does not have water held in it all year round. Plan Commission Minutes December 15, 2009 Mr. Thorns questioned if the box culvert would also be installed under the street as well. Mr. Gohde replied that the street sewer is not wide enough therefore the box culvert would be installed through the mentioned private properties as well as across S. Westfield Street. Mr. Thorns asked what the distance was between the easements and the structures on these properties and if it would create any issues for the homeowners. Mr. Gohde responded that it was very close to the structures but construction would not necessarily require the entire width of the easement requested. The contractor did not anticipate any problems with the placement of the easement. Mr. Gohde also commented that he had received a call from Mary Kemps, owner of 221 -225 S. Westfield Street, and she was in support of this project. Mr. Thorns then inquired if the location of the easement would create problems with setback requirements for the properties. Mr. Burich responded that the easements do not effect setback requirements. Ms. Propp stated that she reviewed the site and there was not much room for the proposed easement other than constructing it underneath the driveway of one of the homes and she had concerns with how this may impact the use on the property. Mr. Gohde replied that existing uses are allowed to continue and homeowners are compensated for the placement of the easement on their property. If approved, negotiations with the homeowners will commence and in the case of placement under the driveway, the driveway will be reconstructed to be as it currently exists. Property owners are not allowed to place fences or trees within the easement area however lawns and driveways are not an issue in these areas. Mr. McHugh questioned why the request was not presented prior to the project being planned and the basin constructed. Mr. Fojtik commented that this was most likely not the only viable solution for directing runoff to the basin. Mr. Gohde responded that it was simply a timing issue with the design work and other issues unfolding on the project with a short timetable. Mr. McHugh commented that he understood the need for the detention basin. Mr. Gohde stated that property owners were contacted prior to this meeting and no significant objections were heard at this time. Motion by Thoms to approve the easements for properties located at 220 through 255 S. Westfield Street as requested. Seconded by Monte. Motion carried 9 -0. IIA. ZONE CHANGE FROM R -1C SINGLE FAMILY CENTRAL RESIDENCE DISTRICT TO R -1C PD SINGLE FAMILY CENTRAL RESIDENCE DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY AT 1410 ALGOMA BOULEVARD Plan Commission Minutes December 15, 2009 Zone change from R -1C Single Family Central Residence District to R -1C PD Single Family Central Residence District with a Planned Development Overlay. The subject area being zoned residential (R- 1 C) significantly restricts any substantial structural improvements or new construction on the property. The intent of the zone change is to bring the zoning into conformance with the current historical development on the property and the PD will be in place to ensure that any proposed changes to the development on the property be reviewed under the public review process. IIB. CONDITIONAL USE PERMIT/DEVELOPMENT PLAN REVIEW FOR THE USE AND DEVELOPMENT PLAN OF THE PAINE ART CENTER AND GARDENS MUSEUM, ART CENTER AND COMMUNITY CENTER AT 1410 ALGOMA BOULEVARD The petitioner requests approval of a Conditional Use Permit/Development Plan approval to remove the legal nonconforming structure status of the Paine Art facility as well as to obtain a Conditional Use Permit for the existing uses on -site. The request also includes approval of the existing facility as well as the improvement of a drop -off area, expansion to the carriage house, addition of a garden garage, expansion of the botanical gardens, the placement of event facilities and event banners. Mr. Buck presented both items together and reviewed the site and surrounding area and the current uses in said area. He commented that the Paine Art Center has operated at this site for approximately 60 years and the use is consistent with the Comprehensive Plan. He reviewed the history of the Paine and reviewed the proposed expansion project. This entails reconstructing the drop -off area to create a circle drive with a raised center; an addition and renovation of the Carriage House to improve handicap accessibility, safety and fire protection and to add functionality; the addition of a garden garage for storage of equipment and supplies and expansion of the botanical gardens in an area where the home at 1421 Elmwood Avenue was purchased; an outdoor event facility canopy at the northwest corner of the site and a tent at the southeast corner of the property; and 20 foot by 20 foot event banners to be allowed on the Algoma Boulevard facade of the mansion. He reviewed the elevations for the addition to the Carriage House and the location of the proposed temporary canopy and tent for outdoor events. He commented that the neighbor at 1428 Algoma Boulevard has both called and submitted written commentary, which was included in the Plan Commission packet, objecting to the wedding use at the site which he feels is excessive. He also reviewed photographs of the site and the proposed canopy as well as photographs taken from the neighboring property's rear yard at 1428 Algoma Boulevard. He pointed out the 7 foot high stone wall separating the properties as well as extensive vegetation and stated that it appeared to have adequate visual blockage of the adjacent property but he did acknowledge the neighbor's concerns with perceived disturbances from activities at the Paine. He reviewed the area where the outdoor event tent would be located which would be similar to the uses of the canopy and stated that sufficient buffering as well as street right -of -way should be adequate for any outdoor events held there. He also commented about the base standard modification requested for event banners as the Paine is located in a residential district which does not allow for signage, but the conditions should permit banners limited to events held at the Paine only. He reviewed the conditions suggested to be placed on the request. Mr. Bowen questioned what the distance was between the outdoor canopy area and the property line at 1428 Algoma Boulevard. Mr. Buck responded that is was approximately 60 -80 feet. Mr. Thorns inquired what was nonconforming about the existing site with the R -1C zoning classification. Plan Commission Minutes December 15, 2009 Mr. Buck replied that many of the setbacks on the site were not adequate, the 7 -12 foot walls surrounding the property were taller than allowed, the Carriage House was constructed too close to the property line, there were three driveway accesses where only two were permitted, setbacks for the garden garage were inadequate, and the use itself is legal nonconforming. Mr. Thorns asked if no additions to the site would be allowed without the approval of the CUP/PD. Mr. Buck responded affirmatively. Mr. Thorns commented that we had recently changed zoning classifications in other areas of the city to make legal nonconforming uses conforming. Mr. Buck stated that the City had been attempting to address the rezoning of areas that had inappropriate classifications as structures and uses were established there prior to the zoning district being established. Mr. Thorns then inquired if changes needed and activities functioning on the site had been discussed with the Police and Transit Departments. Mr. Buck responded that the request had been discussed at the inter - departmental meeting and Police, Fire, or Transit Departments had no concerns with the issue. He further commented that the use on the site is not changing; physical changes to the site were the only proposed alterations from its current use. Mr. Thorns questioned if considering the relationship with the neighbor at 1428 Algoma Boulevard, was an to increase the height of the wall in that area discussed. Mr. Buck replied that the 7 -foot wall was already higher than code permits and that the structure next door is three stories tall so an additional foot or two of wall would not completely block the view from the adjacent property. The additional evergreen landscaping recommended in the conditions should provide an adequate visual and sound buffer. Mr. Hinz questioned what the City's position was on all the legal issues raised by the neighbor. Mr. Buck responded that the City's position on the site's legal nonconforming use was that it is considered a "grandfathered" use, and without the request for physical expansion requiring the CUP/PD request, operations could continue on the site as they have in the past. Mr. Hinz stated that we have to consider community impact and questioned if John Kelly's claims of nuisance and consumption of alcohol off premises was valid. Mr. Buck replied that the Police Department was able to verify that there were approximately six different calls in the area, (noise, traffic, and others), but that they could not necessarily relate them to the Paine. There were no excessive police calls in the neighborhood according to the Police Department. Mr. Hinz inquired if parking for the site was adequate. Plan Commission Minutes December 15, 2009 Mr. Buck responded that the Paine had a parking lot a block away and also utilized the legal parking on the streets surrounding the site. The proposed expansion of the carriage house should not impact the parking issues as the use on the site was not changing or expanding. Mr. Borsuk questioned if something significant would happen to the Carriage House without the approval of the planned development, could the structure be repaired. Mr. Buck replied that it would depend on the amount of damage to the structure. If it would be greater than 50% of structural damage, it could not be rebuilt. Aaron Sherer, Executive Director of the Paine Art Center and Gardens, 1410 Algoma Boulevard, stated that the Commission had already received a great deal of information on the subject including letters from both Mr. Kelly and himself and he was present to answer any questions from Commissioners. He further stated that he reviewed the conditions with the Board Members for the Paine and found them to be both appropriate and acceptable and that they are committed to being a good neighbor and to make their grounds and buildings safe. Mr. Fojtik inquired if the Paine has a plan for dealing with issues such as parking, noise, and garbage. Mr. Sherer responded that they could possibly add a parking lot however people tend to park on the street first. He further stated that they would need to have a meeting with neighbors of the site for input on the issue as most neighbors do not seem supportive of adding more asphalt surfaces in the neighborhood. Mr. Thorns asked if the wall could be extended upward around the property at 1428 Algoma Boulevard. Mr. Sherer replied that the new walls varied from 9 -12 feet and it would be possible to extend the walls along that property line however it has not been pursued since the neighbor would not allow the Paine access onto their property for repairs to the wall on a previous occasion. Mr. Thorns stated that extending the wall would be a quicker solution than planting additional landscaping. He then asked if any disturbances had been reported to the Police Department relating to activities at the Paine. Mr. Sherer responded that there was one complaint this summer and one last summer however no report was generated as there was not sufficient evidence of a disturbance to generate a formal report. Mr. Hinz commented that with the close proximity of the neighbor, was there anything being done to find a common ground or any solution to the situation. Mr. Sherer replied that Mr. Kelly was in the process of suing the Paine and that their perspective was that they were sensitive to neighbors surrounding their site. He further stated that the Paine has never had weddings under the canopy area and that those events are held in the oval area which is further away from Mr. Kelly's property and that no amplification equipment was ever used under the canopy. Dennis Woerpel, 1413 Congress Avenue, stated that he has lived across the street from the Carriage House for 25 years and he has not witnessed any issues such as drinking in the street or noise. He stated that occasionally music could be heard but it was not loud or annoying and that parking is allowed on the street and he has not witnessed any issues with that either. From his perspective, traffic Plan Commission Minutes December 15, 2009 has not changed regardless of activities being held at the Paine. The Paine has been very interested in neighbor's input in recent years and concerned with neighboring properties. Mr. Buck stated that a letter and email were received from Martin Luther Evangelical Church, 1526 Algoma Boulevard, which he proceeded to read which stated that they had reviewed the plans for the Paine and although they could not be present for the meeting today, they were in complete support of the project. He also read an email from the First Congregational Church stating that there were very few alternative venues comparable to the Paine for wedding ceremonies and that the staff was careful and competent and they would like to see its continued use for private events. Stephen Hintz, 1361 Washington Avenue, stated that he contributes periodically to the Paine and feels that we need to seek a balance between public benefit and private desires as that is part of living in a neighborhood with public buildings. He further stated that he has lived near Menominee Park for 35 years and Sawdust Days can be considered a disturbance however it is held for public benefit. The bands and parking can also be a problem during events. The Paine has tremendous public benefit to our community and he felt it should be supported. Brad Larsen, Director of the Oshkosh Public Museum, 1331 Algoma Boulevard, stated that no museum can stay static and that the small changes that the Paine are requesting are necessary and will increase the Paine's ability to serve visitors. Christy Wells, 1423 Congress Avenue, stated that she lives across the street from the entrance to the Carriage House and enjoys the cultural resource of the Paine. She further stated that she does not see parking as a problem and understands that occasionally there may be some noise however she has never considered it to be problematic. She enjoys the community resource that the Paine represents in the community. Beverly Smerling, 1402 Elmwood Avenue, stated that she has lived there for 40 years and reviewed the planned improvements and thinks they are great. She further stated that the Paine is a gem of a museum and traffic could be expected to be heavy during events but parking was adequate in the neighborhood to accommodate it. She commented that she even tries to do her yard work during the morning hours as not to disturb events at the Paine. She asked that people please support this request. Peter Gillespie, 1435 Congress Avenue, stated that he has lived at his residence for 19 years and would like to go on record in support of the Paine's request. He further stated that he has no knowledge of any issues with drinking in the neighborhood and that occasionally music can be heard but it is not loud enough to be disturbing. Parking has not been a problem and he feels that the Paine has been a great neighbor. He was in support of approving the requests for the Paine as it would help improve the property as well as a benefit to the community. Brian Wogernese, 1103 Washington Avenue, stated that he has lived here for five years and owns several hotels in the city and the Paine attracts people to the community for events held there which impacts businesses such as hotels, restaurants, etc. who benefit from the revenues spent in the community. He supports the Paine's requests for improvements. John Kelly, 1428 Algoma Boulevard, stated that he would like to address all the comments made so far by the other parties present and he largely agrees with the other neighbors that the Paine is a lovely property. He further stated that there was no wedding chapel on the site years ago and the other neighbors are not located in the same area as his home. The former director of the Paine did not allow weddings on site and those events did not commence until the 1990's. There were 95 events in 2007 Plan Commission Minutes December 15, 2009 and extending the height of the wall would not resolve the noise issues in his opinion. He felt the proposed banners were in excess of what is allowed in a residential area and should not be permitted. The use changes dramatically in summer months due to the wedding events as there are five or six ceremonies on a single Saturday. The traffic is loud and the intensity of use is unreasonable and excessive. He gave an example of another legal action in his submission that he felt was comparable to this issue and stated that the Paine cannot legally be allowed to have an extension or expansion of the nonconforming use on the property. He further commented that he did not know what the community center function on the site was but he had no objection to it if it involved only the Carriage House which is not located near his property. He has brought suit against the Paine, which is pending, and if the wedding events would be ceased, the suit would be dropped. He also wanted any amplification of sound on the site ceased and he felt the event banners proposed were too busy and would look cheap. He asked that the Plan Commission reject the application from the Paine. The Art Center and Arboretum are not objectionable but the property should be restored to what it used to be prior to the wedding event practice. Previously they did not even allow wedding photography on the site and discussed the sources of revenue the Paine has and how much was incoming from the various events held there. He felt that the Paine should be funded by the patrons who support the facility and not the private events held on the site. He also reviewed the Paine's investments and felt that the additional revenue received from private events was not necessary. He stated that restrictions should be placed on the facility to disallow any weddings or parties on the site. He also commented that no one from the Paine discussed the use of the wedding area with his family prior to commencing these activities and he felt it was their responsibility to initiate a dialogue with him regarding the matter. In his opinion, alcohol should be prohibited on the grounds and he was disappointed with the staff of the Planning Services office as far as the position they have taken on the matter. Additional landscaping or raising the height of the wall would not do anything to resolve the matter nor will the condition to prohibit the serving of alcohol within 100 feet of his property or not allowing amplification equipment as part of the event. He reviewed all the conditions staff recommended for this request and does not find them to be acceptable. The Paine does not comply with the standards placed on a conditional use permit and the planned development request is not acceptable either. Mr. Bowen questioned how close the canopy was to his property as it looks to be about 60 feet from the property line. Mr. Kelly responded that it was 60 -70 feet. Mr. McHugh inquired how the size of the proposed banners conforms to the ordinance. Mr. Buck replied that no wall signage is allowed in a residential area and 10 -30% of the building's facade is allowable in commercial districts. Mr. McHugh then questioned if the banners would conform in a business district. Mr. Buck stated that he was not sure but that they probably would be too large. Mr. Hinz asked how the decision on the request today would affect the pending lawsuit. Mr. Kelly stated that if the weddings /parties were abolished, the lawsuit would be dropped. Mr. Hinz then asked if the activities could continue on the site if the request was not approved today. Mr. Buck responded that the current uses could continue even if the requests were not approved. Plan Commission Minutes December 15, 2009 Mr. Kelly disagreed. Mr. Borsuk suggested that the items be voted on as separate issues. Mr. Nollenberger agreed. Motion by Nollenberger to approve the zone change from R -I C Single Family Central Residence District to R -I C PD Single Family Central Residence District with a Planned Development Overlay as requested. Seconded by Bowen. Kristy Bradish, President of the Paine Art Center Board of Directors, 1219 Bayshore Drive, stated that the Paine was an important community resource which draws hundreds of people in the community to the site and attracts people to the city from other areas as well. The Paine operates without city funding and the expansion will create local jobs. She further stated that the Paine is a quality organization and the outdoor wedding events have been held at the site since 1981 and the Paine has records that support this claim. Indoor wedding ceremonies were not allowed at the facility. The Paine does not have five to six wedding events daily on Saturdays and four ceremonies in a day are rare. The normal number of wedding events would be two to three and all events are approximately 30 minutes long and completed by 7:00 pm. Any music is monitored and kept within 50 decimals. She reviewed the Paine's finances and commented that Mr. Kelly has not been contacted regarding the proposed expansion plans as he is suing the organization and they have been discouraged to contact him by counsel because of the pending litigation issue. She felt the proposed plan will help the Paine to be a better neighbor. George Curtis, Pickett, Wisconsin, stated that he was present as Mr. Kelly was a friend and client of his and that Mr. Kelly has made efforts to work things out with the Paine. Mr. Bermingham was contacted before the lawsuit was filed and pre -suit mediation was suggested however the Paine was not interested in participating. He further stated that the Paine has to follow the laws for a nonconforming use and the gift from the Paine family was for an art museum and arboretum and was meant for quiet enjoyment. Over the last 15 years, the Paine has violated the gift by using the site for private events. When the zoning was established, the pre- existing nonconforming use is protected however expansion of the use is not allowed and such expansion makes the prior legal nonconforming use now illegal. The noise from weddings events and other private parties was not present previously and he also cited a case in Mr. Kelly's submission that he felt was similar to this issue. He also commented that we need to recognize that the Paine is a special place and is privileged to be in a residential area but this privilege could be revoked with this unlawful expansion of use. The Paine is not a good neighbor in his opinion. Mr. Fojtik left at 5:30 pm. Ms. Propp took over the role as Commission chair. Mr. Thorns questioned how the zone change would impact the site. Mr. Buck responded that the Plan Commission only makes a recommendation to the Common Council and does not have the ability to approve the zone change but the planned development request cannot be approved without first approving the zone change. Mr. Thorns then questioned if the zone change would allow the legal nonconforming use to be conforming. Plan Commission Minutes December 15, 2009 Mr. Buck responded affirmatively and stated that the zone change would allow the use and the planned development would allow the proposed improvements to the site. Mr. Thorns stated that the zone change request would not change the underlying zoning for the parcel and the planned development will correct the nonconforming issues which have been done in the past for other parcels that were developed prior to the zoning classifications being established. Mr. Buck added that the planned development would correct dimensional nonconforming issues on the site. Ms. Lohry commented that she lived at 1408 Elmwood Avenue by the Paine for 23 years from 1974 through 1996 and has personal knowledge that the Paine allowed at least wedding photographs taken on site at that time. She further stated that the Paine was a delightful place and she did not feel that three weddings a day were a horrible or unreasonable practice. Mr. Borsuk stated that if there is adverse change to the facility the zone change would allow the Paine to rebuild the structure and he felt we need to maintain this facility. Mr. McHugh inquired how confident the staff was that the City was correct in the position they have taken on the matter. Mr. Buck responded that we are positively confident in our recommendation. Mr. Thorns commented that this was not spot zoning and that the Plan Commission has addressed other issues similar to this one in the past and the use was consistent with the Comprehensive Plan. Motion carried 9 -0. Ms. Lohry commented that as far as the banners being permitted, the location is on US Highway 45 which is a busy and well traveled road and she felt the banners were tasteful. She also stated that the music used on the site for events was enjoyable and not too loud or annoying. Motion by Nollenberger to approve the conditional use permit /development plan review for the use and development plan of the Paine Art Center and Gardens Museum, Art Center, and Community Center at 1410 Algoma Boulevard as requested with the following conditions: 1) Planned Development Overlay District is applied to the site. 2) Base standard modifications necessary and as depicted within the development plan proposal. 3) The raised center of the drop -off area is visually distinct from the drive and walk through the use of alternate materials or coloring. 4) Additional evergreen landscaping, specifically chosen as a sound deterrent, is installed along the rear property line of 1428 Algoma Boulevard. 5) Rental events under the circular garden /canopy outdoor event facility and any area within 100 ft. of 1428 Algoma Boulevard's rear property line must conclude by 10: 00 p. m, may not serve beer /wine, and may not contain amplification equipment as part of event or program. 6) Building banners are limited to events held within the Paine facility and grounds. Seconded by Bowen. Plan Commission Minutes December 15, 2009 Mr. Hinz commented that property owner's rights need to be upheld and activities on a public site can impact the area negatively and cited a few examples where activities were ceased due to complaints by adjacent property owners. He further stated that he felt this was a unique case with Mr. Kelly and he was confused as to why we have heard from his attorney and had no comment from the City Attorney. Lynn Lorenson, City Attorney, stated that the Plan Commission members needed to focus on the issue at hand which was the CUP/PD request being reviewed and the nonconforming use was not the issue to be considered. The Paine family's intention of the gift was also not an issue of consideration at this time. Mr. Thorns stated that the Commission needs to consider if the Paine is creating a disturbance to the neighborhood and if the use of the property is appropriate as well as the expansion of it. He felt the Paine was expanding a use that already exists and as far as traffic concerns, the Transit Director, Chris Strong, used the entire vicinity and could not document any increase in activity as far as accidents and there was no information available on parking tickets that could prove a detrimental influence on the neighborhood either. He further stated that only two police complaints were registered in regard to activity at the Paine and what impacts are created in the neighborhood need to be considered. In this case, there is one party objecting and all the other neighbors are supportive of the facility. He commented on the criteria for the Plan Commission to consider when granting approval of a CUP/PD and he felt this request met the necessary requirements for approval. Motion carried 8 -1. Ayes- BorsukBowen/ Thoms / McHugh/ Propp/Monte/Lohry/Nollenberger. Nays -Hinz. OTHER BUSINESS Mr. Borsuk suggested that the City review the zoning for the Oshkosh Public Museum in the future. There being no further business, the meeting adjourned at approximately 6:00 pm. (McHugh/Bowen) Respectfully submitted, Darryn Burich Director of Planning Services Plan Commission Minutes 10 December 15, 2009