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HomeMy WebLinkAboutMinutesPLAN COMMISSION MINUTES April 20, 2010 PRESENT: Jeffrey Thorns, Thomas Fojtik, John Hinz, Kent Monte, Donna Lohry, Robert Vajgrt Karl Nollenberger EXCUSED: David Borsuk, Ed Bowen, Kathleen Propp STAFF: Darryn Burich, Director of Planning Services; Jeffrey 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 April 6, 2010 were approved as presented. (Nollenberger /Thoms) L ACCESS CONTROL VARIANCE TO PERMIT A TOTAL OF FOUR DRIVEWAY OPENINGS TO 1402 MOUNT VERNON STREET (SW CORNER OF GRAND STREET AND NEVADA AVENUE) The petitioner is requesting an access control variance to permit four driveways at 1402 Mount Vernon Street. The property currently has two driveway openings on Nevada Avenue and one driveway opening on East Custer Avenue. The request adds a driveway onto Grand Street and relocates the driveway on E. Nevada Avenue west to service a new parking area. Mr. Nau presented the item and reviewed the site and explained that a major renovation is planned for the site. He stated that the oversized Grand Street access was closed last year when the street was reconstructed and reviewed the current driveway openings on the site and the proposed new access on Grand Street and the relocation of the driveway on E. Nevada Avenue. He also commented that the site would be altered from the current three driveway openings to four openings which staff feels is warranted due to the large amount of street frontage the property possesses. Mr. Monte questioned if Grand Street had the capability of handling truck traffic. Steve Gohde, Assistant Director of Public Works, responded that when the street was reconstructed last year, it was designed for truck vehicular traffic. Motion by Thoms to approve the access control variance to permit a total of four driveway openings to 1402 Mount Vernon Street as requested. Seconded by Monte. Motion carried 7 -0. II. CONDITIONAL USE PERMIT REQUEST TO ALLOW THE CONSTRUCTION OF PARKING STALLS IN EXCESS OF ZONING CODE LIMITATIONS AT 2351 STATE ROAD 44 The applicant is requesting a conditional use permit to add parking to their commercial parking lot in excess of the maximum permitted stalls allowed by code and also in excess of the 10% increase allowed by administrative approval. Plan Commission Minutes April 20, 2010 Mr. Burich presented the item and reviewed the cap placed on parking requirements in the zoning ordinance which contains a limitation on the maximum number of stalls allowed for a particular use to ensure that parking lots are not overbuilt. He further explained that the use being constructed on the site would be a dermatology facility who desires to increase the number of allowable parking stalls from 46 to 50. He reviewed the criteria to be used when considering requests of this nature and stated that the condition recommended for this request was being amended to "Landscape quantities are increased by 20% in the area impacted by the new parkin s talls to match the increase percentage in parking stall numbers." Mr. Thorns inquired if the increased parking stalls would be located in the rear of the facility and if the applicant was requesting only a few additional stalls in excess of the 10% allowed. Mr. Burich responded that the additional parking stalls would be located in the back of the facility and the 50 stalls requested was a 20% increase over the 42 stalls permitted by code. Mr. Fojtik questioned how the increase in parking stalls would affect the drainage and stormwater management plans for the site. Mr. Burich replied that those issues would be addressed in the site plan review process that is required for all new developments. Joel Ehrfurth, Mach IV Engineering & Surveying, 2701 Larsen Road, Green Bay, stated that the stormwater management plans accommodated for the additional parking stalls and requested that staff work with him on the 20% increase of landscaping quantities recommended to detail the number of additional trees, etc. and location of said landscaping that would be required. Mr. Burich responded that the increase in landscaping would be required in the parking lot area and the perimeter and staff would work out the details with Mr. Ehrfurth. Motion by Vajgrt to approve the conditional use permit to allow the construction of parking stalls in excess of zoning code limitations at 2351 State Road 44 as requested with the following conditions: Landscaping quantities are increased by 20%, in the area impacted by the new parking stalls, to match the increase percentage in parking stall numbers. Seconded by Thoms. Motion carried 7 -0. III. CONDITIONAL USE PERMIT/DEVELOPMENT PLAN APPROVAL TO PLACE CELLULAR ANTENNAE AND SUPPORT STRUCTURES ON THE ROOF OF TAYLOR HALL AT 780 HIGH AVENUE The applicant is requesting a conditional use permit /development plan approval to allow placement of rooftop antennae and support structures on the rooftop of Taylor Hall, a University of Wisconsin Oshkosh (UWO) residence hall /dormitory. Mr. Burich presented the item and reviewed the site and surrounding area and the location of where the antennae are currently located at Nelson and Clemens Halls both which are scheduled for demolition this summer. He explained that the cellular antennae are not allowed in this area without the CUP/PD Plan Commission Minutes April 20, 2010 approval and that the request entails the placement of 12 antennae on the rooftop of the residence hall and displayed the location of said installation on the map. He also reviewed a profile of the elevations with the proposed installations in place and a site plan of the roof installation. He stated that the condition #1 recommended for this request was being amended to "Antennae, mounts and cable runs are blended in with the appearance of the building as much as possible and approved by the Department of Community Development. Mr. Thorns inquired if the residence hall where the antennae installation was proposed was completely surrounded by UWO campus facilities. Mr. Burich responded that it was other than the passing vehicular traffic in the area. Mr. Thorns then inquired if the additional antennae would cause any interference with police or fire frequencies. Ms. Lohry questioned if there were any health related issues with the placement of the antennae on a residence hall. Thomas Sonnleitner, representing the University, 800 Algoma Boulevard, stated that they have been working closely with the City Manager's office on the plans for the new residence halls and have engaged several companies with cellular towers on the campus as they have extremely high usage in the area. Taylor Hall was selected as the location for these antennae as it is centrally located on campus and the towers would be less visible to neighboring properties. He further stated that there were two separate companies involved in this request and the exterior equipment located on the ground would be shielded from view. The cable would be blended with the appearance of the building and the signals are regulated by the FCC so there would be no possible interference with police or fire frequencies. As far as the concerns over health issues, he commented that these towers are located all over the country, including on the rooftops of hospitals, without any health issues. Mr. Hinz inquired if the cellular phone providers pay for the service of this installation. Mr. Sonnleitner responded affirmatively. Motion by Thoms to approve the conditional use permit /development plan approval to place cellular antennae and support structures on the roof of Taylor Hall at 780 High Avenue with the following conditions: 1) Antennae, mounts and cable runs are blended in with the appearance of the building as much as possible and approved by the Department of Community Development. 2) A base standard modification is granted per Section 30 -35 (J) (4) of the Zoning Ordinance to allow antenna placement of commercial telecommunication antennae in a residential zoning district. 3) Documentation shall be provided that the antennae meet Federal Communication Commission (FCC) Emission Regulations. 4) Documentation is provided by a professional R. F. engineer that confirms either the co- location possibilities on the building or the buildings inadequacy to locate additional telecommunication facilities. Seconded by Vajgrt. Motion carried 6 -0 -1. (Mr. Fojtik abstained as he is employed by UWO.) Plan Commission Minutes 3 April 20, 2010 IV. CONDITIONAL USE PERMIT/DEVELOPMENT PLAN REVIEW REQUEST TO PERMIT A TEMPORARY PARKING LOT AT 3665 S. WASHBURN STREET (SUNSET PAR 3 GOLF COURSE) The petitioner is requesting Development Plan approval for establishment of a temporary parking lot located at Sunset Par 3 Golf Course located at 3665 S. Washburn Street. The parking lot is proposed to be available for the general public from June 22 thru June 26, 2010 in anticipation of their attending the Country USA event at the Ford Festival Grounds. Mr. Nau presented the item and reviewed the site which is currently a golf course with accessory structures, a driving range, and a paved parking area that provides parking for 50 -55 vehicles. He also reviewed a land use map of the area and stated that the petitioner was proposing to use the paved surface as well as the driving range for the temporary parking area. A base standard modification was required to allow for the temporary use of the grass area for parking and he estimated that it would permit 150 -200 vehicles to be parked in this area. He also explained that the request was only for the Country USA event so the temporary parking would only be on site for five days and the ingress and egress would be coordinated with the one -way traffic flow during the event. He reviewed the distance from the parking area to the Ford Festival grounds and the route pedestrians would be using to access the event grounds from the parking area. He also reviewed the navigable waterway on the north side of the parcel for which there would be a 75 foot setback where no vehicles would be permitted; however the petitioner claimed he had documentation that the DNR no longer considered the stream to be a navigable waterway in which case this condition would not apply. He also commented that condition #3 has been amended to reflect this situation. Mr. Nollenberger requested an explanation of a base standard modification. Mr. Nau responded that this means that a modification would be allowed to the code in the planned development area as the zoning ordinance does not permit grass parking lots. Mr. Hinz questioned if rainfall would create water in the ditch along the roadway, would this result in pedestrians walking along South Washburn Street to gain access to the Country USA grounds. Mr. Nau replied that it could potentially occur however there was 45 feet from the edge of the road to the right -of -way and traffic moved very slowly during the event so staff did not have safety concerns regarding this issue. Mr. Hinz also questioned if parking would be allowed on this site for other events held in this area in addition to Country USA. Mr. Burich responded that the approval was for use during the Country USA event only and the petitioner would have to request approval of an amendment to use the site for any other events. Ms. Lohry inquired if the documentation had been submitted to verify that the stream was no longer considered to be a navigable waterway by the DNR. Mr. Nau replied that the petitioner has not yet provided the documentation therefore the condition was amended accordingly to address the situation. Mr. Thorns commented that he felt clarification was necessary if the request was for just this year as the staff report refers to specific dates in 2010 or if it was meant to be allowable for use each year Plan Commission Minutes April 20, 2010 during the Country USA event. He also commented on the pedestrian traffic from the parking area to the Ford Festival grounds as he felt it should not be an issue as there is already foot traffic from other surrounding sites to the grounds now. Mr. Nau stated that the petitioner would need to clarify if the request was for more than just this year as his application material gave the impression that the use was for this year only as it referenced specific dates for this year's event. He also commented that pedestrians park vehicles and walk from various sites in this area presently to gain access to the Country USA grounds. Mr. Burich added that he felt the dates on the application material was for reference purposes only and he thought the petitioner meant for this approval to be perpetual for each year's event. Mr. Thorns inquired if a precedent would be set by allowing this use of a grass area for parking or if it had been allowed in the past for other events. Mr. Nau responded that there were "grandfathered" or historical uses of such practices in other areas during special events. Mr. Fojtik inquired how a navigable waterway was defined. Mr. Nau replied that it was a determination that was made by the DNR. Mr. Burich added that it could be determined to be navigable even if it is only available during a storm event. Mr. Nollenberger questioned if the request was approved as presented it appeared that it would be specific to this year's event as the dates are referenced in the staff report. Mr. Vajgrt agreed. Mr. Burich responded that he believed the petitioner was intending the approval to be in association with the Country USA event each year and a condition could be added to address that the approval would be perpetual for each year's event. Ms. Lohry inquired about the direction of flow of the navigable waterway and voiced her concern if the parking of vehicles on the grass in this area could potentially cause damage to the waterway. Mr. Gohde replied that he believed the stream was part of the Glatz Creek Watershed which eventually conveys to Lake Winnebago. Mr. Burich added that since this use was only for the temporary basis of five days per year, staff was not concerned with contamination to the waterway. It would be an issue if the use was proposed to be longer in duration. Mr. Thorns questioned what the setback would be if the stream was no longer considered to be a navigable waterway. Mr. Nau responded that the setback without the additional limitations of the waterway would be ten feet from the northerly property line. Plan Commission Minutes April 20, 2010 Mr. Thorns also questioned if recreational vehicles were permitted to park in this area with the option of staying overnight on the site. Mr. Burich replied that camping use was not proposed in the application submittal and a condition could be added to the request to address that issue. Mr. Thorns stated he had concerns with overnight stays and felt a condition should be added to address that situation. Robert Albright, 5711 Green Valley Road, stated that he was the owner and petitioner for this request and that he intended on having an attendant on duty at all times during the use and the parking area would be lighted and for use during the event hours only with no overnight stays allowed. He also commented that he did not request approval for ongoing years for the temporary parking use as he did not know if it would be successful. Mr. Thorns questioned if Mr. Albright wished to have the request considered to be just for this year or if he desired to come back to the Plan Commission and Common Council on an annual basis for approval of the use in subsequent years. Mr. Albright replied that if the temporary parking lot was successful, he would like to have the approval for its use on an annual basis. He also commented that he did not intend the use to be for any other event other than Country USA. Mr. Fojtik suggested that the staff report be amended to designate that the approval would be for this year and subsequent years and a condition be added that the approved temporary parking lot use does not include overnight parking or camping on the site. Motion by Monte to approve the conditional use permit /development plan to permit a temporary parking lot at 3665 S. Washburn Street during the Country USA event this year and subsequent years as requested with the following conditions: 1. Base standard modification for the use of grass as a parking surface. 2. Ingress and egress traffic movements will be coordinated and consistent with traffic patterns on S. Washburn Street before, during and after Country U. S.A. events. 3. No parking permitted within 75 feet of navigable stream on the north side of the five acre parcel unless documentation is provided stating the stream is non - navigable. 4. Approved use does not include overnight parking or camping. Seconded by Vajgrt. Motion carried 7 -0. V. AUTHORIZATION TO ACQUIRE PROPERTY LOCATED EAST OF WESTHAVEN CIRCLE (SOUTH OF WESTHAVEN GOLF COURSE CLUBHOUSE) The City of Oshkosh Department of Public Works is requesting approval to acquire approximately five acres of land from Westhaven Golf Club for construction of a storm drainage detention area. Mr. Nau presented the item and reviewed the site and surrounding area. He stated that the Common Council approved the official mapping of this area for future use as a stormwater detention basin which is the reason for the authorization to acquire the property. The basin will provide flooding relief to this area and construction costs are included in the 2012 Capital Improvements Program. Plan Commission Minutes April 20, 2010 Mr. Hinz questioned if there were any covenants for the neighborhood that would conflict with this proposal. Mr. Nau responded that this area was platted in the 60's or 70's and any existing covenants from that time period had most likely expired by now. Mr. Gohde added that the covenants existing were for the golf course property only and if there were any issues with the area to be acquired, it would have to be determined by an attorney. Mr. Fojtik commented that the subject site was already somewhat of a natural detention area. Mr. Gohde stated that he did not anticipate any major issues with the request. Mr. Nau inquired if the north line of the parcel was to be modified. Mr. Gohde replied that the necessary setbacks on the property needed to be maintained and the north line of the parcel will be modified somewhat but it will be worked out in negotiations with the owner. Mr. Nau commented that the certified survey map and conditional use permit for the land division and construction of the proposed detention basin would be brought back to the Plan Commission and Common Council for review after the land is acquired. Mr. Thorns questioned if the proposed detention basin would be a wet or dry basin. Mr. Gohde responded that he anticipated a wet detention basin would be constructed. Motion by Thoms to approve the authorization to acquire property located east of Westhaven Circle as requested. Seconded by Monte. Motion carried 7 -0. VIA. CONDITIONAL USE PERMIT TO DEVELOP A WET STORMWATER DETENTION BASIN AT NORTH HIGH CONSERVANCY (NORTHWEST OF OSHKOSH NORTH HIGH SCHOOL) The applicant is requesting a conditional use permit to develop a wet stormwater management basin. Mr. Nau presented the item and reviewed the site and surrounding area and a map of the land use in said area. He also reviewed a map of the Libbey Avenue Drainage Basin and stated that this was the first step in a multi -phase process to relieve the flooding issues in the neighborhood. He reviewed the area where the detention basin would be located and stated that approximately 100 trees would be impacted by its construction however none of them were quality trees. He also reviewed a site plan of the detention basin layout and commented that 8.1 tons of sediment per year was anticipated to be removed from the stormwater runoff The pedestrian path on site would be relocated and Mr. Nau reviewed the one condition on the request that the two subject parcels be combined into one once the City takes ownership of Lot 1 of the certified survey map. Commission members decided that since all three of these items are related that staff should present all three before discussion and voting on any one item. Plan Commission Minutes April 20, 2010 VIB. TWO -LOT LAND DIVISION /CERTIFIED SURVEY MAP FOR PROPERTY LOCATED AT 1100 W. SMITH AVENUE (OSHKOSH NORTH HIGH SCHOOL) Two -lot land division/certified survey map of one parcel containing 27.65 acres. Sizes of the proposed lots are as follows: Lot 1 = 1.37 Acres Lot 2 = 26.28 Acres Mr. Nau presented the item and reviewed the site and area for both proposed Lot 1 and Lot 2. He commented that the proposed lots were transposed in the staff report and that Lot 1 was the area to be acquired by the City from the Oshkosh Area School District. He further commented that all the features of Oshkosh North High School would still be conforming after the land division and reviewed the condition recommended for this request which was the same as the condition placed on the conditional use permit request. VIC. ACCEPT ACCESS EASEMENT FOR PROPERTY LOCATED NORTH OF 1100 W. SMITH AVENUE (OSHKOSH NORTH HIGH SCHOOL) The Department of Public Works is requesting acceptance of an access easement located at the west side of the subject property adjacent to Morgan Avenue. Mr. Nau presented the item and explained that this was a land locked parcel and the easement was necessary to provide access to the detention basin for construction and maintenance. He also stated that the appropriate easement documents will be signed and recorded at the Winnebago County Register of Deeds if approved. Mr. Thorns questioned if any one of these items could be approved without the other. Mr. Nau responded negatively. The three items were all necessary for the construction of the proposed detention basin. Mr. Gohde pointed out that the proposed 40 foot wide easement extended to the south of Morgan Avenue and was not correctly displayed on the map presented. Mr. Nau acknowledged that the area was not correctly depicted and displayed the detailed easement area proposed which correctly depicted the easement extending to just south of vacated Morgan Avenue. Mr. Thorns inquired why the access easement was necessary. Mr. Gohde responded that the easement was necessary to construct and maintain the detention basin. Robert Cornell, 548 West Smith Avenue, stated that he had lived in this location since 1983 and had worked on this project since its commencement. He urged the Commission members to support this project as there was a lot of standing water in the area in spring and after storm events and the construction of this detention basin would make a big difference to the neighborhood and will enhance the entire area. It would definitely be an asset to the neighborhood. Plan Commission Minutes April 20, 2010 Motion by Nollenberger to approve a conditional use permit to develop a wet stormwater detention basin at North High Conservancy as requested with the following conditions: 1. The two subject parcels be combined into one parcel once the City takes ownership of Lot I of the proposed Certified Survey Map. and to approve the two -lot land division /certified survey map for property located at 1100 W. Smith Avenue as requested with the following conditions: Proposed Lot I be combined with the city -owned North Conservancy property to the north (Parcel #12- 1940 - 0100). and to approve the acceptance of the access easement for property located north of 1100 W. Smith Avenue as requested. Seconded by Lohry. Motion carried 7 -0. VII. DEVELOPMENT PLAN AMENDMENT FOR AN ADDITION TO THE RETAIL CENTER AT 1530 -1540 S. KOELLER STREET (MARKET FAIR) The applicant is requesting an amendment to a previously issued Planned Development to allow for the addition to the shopping center. Mr. Burich presented the item and reviewed the originally approved planned development and the approved amendment to the planned development both from 2009. The original plan was to approve the reconstruction of the commercial center to accommodate the construction of new commercial space to support a Best Buy store and a Michael's Craft store. The plan was amended eliminating the Michael's Craft store and leaving the resulting opening as green space. This amendment to the planned development is proposing to construct a 12,000 square foot retail building adjacent to the north wall of the Best Buy store occupying a portion of the green space between the Best Buy building and the existing commercial center leaving a 21 foot gap between structures. He reviewed the site plan and elevations and stated that the proposal was compatible with the Highway 41 corridor standards. He explained the issues with the proposed fencing of the green space area and reviewed the conditions which addressed the concerns with said area. He also discussed the 21 foot green space area remaining and explained that the conditions also addressed if an in -fill project is not brought forward within 18 months of Common Council approval, the planned development would need to be 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. Mr. Vajgrt questioned if the area behind the proposed structure would be paved as it would be necessary for access of fire trucks. Mr. Burich responded that the area would be paved. Mr. Fojtik inquired who would be responsible for the maintenance of the grass in the open space between the structures. Mr. Burich replied that it would be the responsibility of the owner. Plan Commission Minutes April 20, 2010 Motion by Vajgrt to approve the development plan amendment for an addition to the retail center at 1530 -1540 S. Koeller Street as requested with the following conditions: 1) If fencing is incorporated in the plans, it be at least 80% open and have more of a vertical design element that would be difficult to climb, as approved by the Department of Community Development. 2) Grass area remains open and not be used for storage. 3) Lighting be incorporated on the side walls to illuminate the open area for security purposes. 4) 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 Monte. Motion carried 7 -0. There being no further business, the meeting adjourned at approximately 5:10 pm. (Vajgrt/Monte) Respectfully submitted, Darryn Burich Director of Planning Services Plan Commission Minutes 10 April 20, 2010