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Plan Commission Minutes 1 September 18, 2007 PLAN COMMISSION MINUTES SEPTEMBER 18, 2007 PRESENT: David Borsuk, Ed Bowen, Paul Esslinger, Kathleen Propp, Cathy Scherer, Jon Dell’Antonia
EXCUSED: Meredith Scheuermann, Thomas Fojtik, Paul Lowry, Jeff Thorkildsen STAFF: Darryn Burich, Director of Planning Services; Jackson Kinney, Director of Community Development; Susan
Kepplinger, Principal Planner; David Buck, Principal Planner; Deborah Foland, Recording Secretary Chairperson Dell’Antonia called the meeting to order at 4:00 pm. Roll call was taken
and a quorum declared present. The minutes of September 4, 2007 were approved as presented. (Esslinger/Scherer) I. AUTHORIZATION TO ACQUIRE AND DISPOSE OF PROPERTY AT 649 W. NINTH AVENUE
This is a request for acquisition of the vacant single-family home at 649 W. Ninth Avenue and subsequent disposition to Habitat for Humanity for demolition and construction of a new
Habitat home. Susan Kepplinger, Principal Planner, presented the item and explained that it is the policy of HUD that if a property is on the market for six months that it can be sold
to a local government entity for $1 with the stipulation that it be made available to low to moderate income households. Mr. Esslinger asked if the City could purchase the property for
$1 and sell it for whatever we can get for it. Ms. Kepplinger responded that the requirement was that it be sold to a low-to-moderate income family and that the house was not in repairable
condition. Mr. Esslinger inquired if the City could sell the land for a profit. Ms. Kepplinger responded that it would still have to be sold to a low-income family. Ms. Scherer questioned
if there would be a condition that the new home would be designed to be compatible with neighborhood homes. Ms. Kepplinger replied yes. The City would have some say regarding the design
of the home and it should not be an issue with Habitat for Humanity. They have worked with the City on two previous projects of this type. Ms. Scherer commented that she felt this was
a great great idea and she would be supportive of this request.
Plan Commission Minutes 2 September 18, 2007 Motion by Scherer to move approval of the land acquisition and disposition of the property at 649 W. Ninth Avenue as requested with the following
conditions: 1) The existing structures be razed and a new single family home be constructed in 2008. 2) The home shall be designed to be compatible in appearance with existing homes
in the area subject to approval by the Department of Community Development. Seconded by Borsuk. Motion carried 5-0. II. CONDITIONAL USE PERMIT/DEVELOPMENT PLAN REVIEW FOR PROPERTY IN
THE MARION ROAD REDEVELOPMENT AREA (THE WATERFRONT) The petitioner is requesting site and development plan approval to construct a 55,000 square foot 3-story, multi-tenant office building
and a 98 room four-story hotel and restaurant with associated surface parking area improvements. Because the property is zoned C-3 PD, a CUP/Development Plan approval is required. The
petitioners are proposing to split the 5.6-acre parcel into two separate parcels for the development. Mr. Burich presented the item and displayed photos of the new development as well
as photos of previously completed development projects in the area. Mr. Bowen inquired if there were more detailed elevation maps for the office building other than the rendering that
was supplied in the board packets. Mr. Burich responded that we only have some of the elevations now and that the project was still in development stages. Mr. Borsuk asked how the parking
lot layout compared to the new parking ordinance. Mr. Burich replied that it was within the flexible range that we are proposing to create and the internal landscaping is there. Ms.
Scherer inquired about the location of the proposed boundary line between the projects and the location of the public park. Mr. Burich displayed on the site plan the location of the
boundary line and the location of the designated public park area. Mr. Bowen asked what the timeline would be for the development of the public park area. Jackson Kinney, Director of
Community Development, responded that construction of the park would happen after the completion of the riverwalk, hopefully in spring of 2008, concurrent with the development construction.
Tim Rikkers, 301 N. Broom Street, Madison, was present to answer questions along with representatives from Consolidated Construction and the architect for the development. Mr. Borsuk
asked if the option of condominiums on top of the hotel had been considered.
Plan Commission Minutes 3 September 18, 2007 Mr. Rikkers responded that it was not as today’s economy was not supportive of that type of development. Mr. Borsuk inquired how the developers
arrived at the theme for this project. Mr. Rikkers replied that the office building mimics similar property in the area and that the shoreline and City Center dictates the theme. This
style of Country Inn and Suites hotel has never been done before and it is the first urban design in their portfolio. Mr. Bowen commented on the starkness of the development and the
lack of a full set of plans with elevations for the project. He stated that the board did not have the details of the project that were usually provided and that he had some discomfort
with the office building because of this lack of materials. He inquired if the developers investigated the feasibility of underground parking for the project. Mr. Rikkers responded that
the financial investment for the construction as well as sump pumps, etc. to make this possible was too expensive to be profitable from a development standpoint. He further commented
that the site plan does not show the detail of the river and landscaping as those plans are still in progress. The development will be a pedestrian focused place with a park-like setting.
He apologized for the lack of renderings relative to the office building and stated that more detailed drawings could be provided. Trying to complete two sets of plans for both projects
at one time has been difficult and apparently there were some gaps in the data. Mr. Bowen commented that the development was not looking like the urban infill waterfront project that
was expected. Mr. Rikkers responded that the completion of the riverwalk would help to define the project. Ms. Scherer asked how the two projects work together architecturally. Mr. Rikkers
responded that the office space was developed with the concept of utilizing rectangles, as this is the most efficient use of space on a corner lot. The concepts for the hotel were developed
by discussions with the partners who are more familiar with the restaurant/hotel business. Country Inn and Suites was selected as they were the best fit relative to price and the desire
to be located here and he thinks it will be a good fit for this area. Ms. Scherer asked what the developers had envisioned for a buffer between the riverwalk and the parking lot. Mr.
Rikkers replied that they planned to install a number of trees and the City would be constructing a fence between the riverwalk and the development, but they would like a pedestrian
access to the riverwalk between the two buildings. Ms. Scherer inquired what concepts they had in mind for breaking up the expanse of the façade on the north elevation of the restaurant.
Mr. Rikkers responded that some type of signage, landscaping, windows, or sculpture could be added to satisfy that condition. Ms. Scherer asked if the developers were in agreement with
the remaining conditions applied to their request.
Plan Commission Minutes 4 September 18, 2007 Mr. Rikkers replied that they were. Kathy Propp arrived at 4:30 pm. Mr. Borsuk inquired about the purpose of the space frame on the roof
of the hotel. Mr. Rikkers responded that it was a design element, form not function. Mr. Esslinger commented that he did not have any problems with the proposed buildings and felt that
the commissioners were being too critical. He asked if the financial institution to be located there had already been arranged or if this was an assumption. Mr. Rikkers responded that
leases or contracts have not yet been signed, as approval of the development has not yet been received. Mr. Esslinger asked if the office building would be completed first or if they
would be constructed at the same time. Mr. Rikkers replied that although two separate contractors would be working on the development they hope to have the two projects completed at
the same time. Ms. Propp inquired what the distance would be between the riverwalk and the buildings. Mr. Rikkers responded that he was not sure. Mr. Burich added that from the site
plans it appeared to be 15-20 feet. Mr. Kinney added that the riverwalk was proposed to consist of a seawall with a 12 foot paved walkway with a railing system that is commonly found
in other urban areas. Mr. Rikkers stated that they had enough room to shift things over if necessary to accommodate a greater distance between the development and the riverwalk. Ms.
Propp asked if the restaurant would have outdoor seating. Mr. Rikkers replied that the partners involved with the hotel/restaurant development were comfortable with that concept. Ms.
Propp inquired if there would be fencing or barrier between the riverwalk and the buildings. Mr. Rikkers responded that they were relying on the City and JJR to design the riverwalk
plans. Mr. Kinney commented that the proposed riverwalk plans would include architectural design elements that would provide some feel of separation and comfort for both trail and hotel
users alike. He displayed an illustration of the adopted riverwalk plan displaying a seawall with a railing abutting the river with trees and benches along the opposite side. Ms. Propp
asked if the row of parking along the riverwalk between the buildings was necessary.
Plan Commission Minutes 5 September 18, 2007 Mr. Rikkers replied that they are trying to achieve commercially standard parking ratios and provide adequate separate tenant and hotel parking.
They will be installing landscaping and a berm between the sites to mitigate the visual effects of the parking lot. Ms. Scherer inquired about the reference in the staff report relating
to LEED certification regarding the office building. Mr. Rikkers responded that it was regarding what is sometimes referred to as a green building design which relates to the distance
traveled to obtain construction materials for the site, energy efficiency, and environmental friendly approaches such as utilizing rain gardens to alleviate run off into the river. Ms.
Scherer asked about what the intent of the group meeting space was in the hotel. Mr. Rikkers replied that it would be smaller than what would be considered adequate for a conference
center, accommodating 100 people or less, which could be utilized as overflow space for retirement parties and other such gatherings. Mr. Borsuk commented that he was disappointed with
the form of the proposed development, but it did seem to meet the conditions of responsibility from the developers’ standpoint. Motion by Esslinger to approve the conditional use permit/development
plan for the property in the Marion Road redevelopment area as requested with the following conditions: 1) Modify north elevation of the restaurant to include additional elements to
break up the expanse of the façade. 2) Landscape islands or other similar treatments be constructed along the proposed common property line within the internal parking lot area. 3) Approval
of landscape plan to include a combination of vegetation and masonry fence elements throughout the subject with emphasis along external parking lot perimeter and the drive-thru facilities.
4) Modify drive-thru facilities to lessen exiting traffic circulation problems with final approval by the Department of Community Development. 5) Include pedestrian connections to the
adjacent Marion Road and Jackson Street right-ofways. Seconded by Scherer. Motion carried 6-0. III. TEXT AMENDMENT TO THE ZONING CODE REGULATING HOME OCCUPATION WITHIN CHAPTER 30-35:
ADDITIONAL STANDARDS AND EXCEPTIONS The City Department of Community Development requests review and approval of an addition to the City of Oshkosh Zoning Ordinance recreating Section
30-35 (L): Home Occupations Regulations. Mr. Buck presented the item and stated that the text amendment relating to the Home Occupations had been discussed at several previous workshops,
but if any of the board members had any questions, he would be able to answer them. Ms. Scherer questioned if permits were to be issued, how would a citizen go about renewing the permit
once issued. Would the City send out a notice reminding them that the permit needs to be renewed?
Plan Commission Minutes 6 September 18, 2007 Mr. Buck replied that he envisions sending out notices to all current home-based businesses to initially permit them and a reminder when
its time to renew the permit if the business is still in existence. Ms. Scherer was concerned with how the public would be made aware of this change. Mr. Buck responded that any citizen
calling regarding starting a business would be told and existing ones not on file are most often discovered after the City receives a complaint at which time the party would be informed
of the regulations. Other agencies also refer people to the City for information regarding home occupations at which time they would be informed on the requirements. Mr. Burich added
that once approved by the Common Council, the information would be added to the City’s website. Mr. Bowen asked if the language in the text amendment had changed at all. Mr. Buck responded
that it had not. Since the last workshop, any comments or suggestions were included in the revision. Mr. Burich added that we collected information from other communities that were incorporated
into these revisions. Motion by Borsuk to approve the text amendment to the zoning code regulating home occupation as requested. Seconded by Bowen. Motion carried 6-0. There being no
further business, the meeting adjourned at approximately 5:02 pm. (Esslinger/Propp) Respectfully submitted, Darryn Burich Director of Planning Services