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HomeMy WebLinkAboutMinutes Plan Commission Minutes 1 August 21, 2007 PLAN COMMISSION MINUTES AUGUST 21, 2007 PRESENT: David Borsuk, Thomas Fojtik, Paul Lowry, Paul Esslinger, Kathleen Propp, Jon Dell’Antonia EXCUSED: Ed Bowen, Meredith Scheuermann, Cathy Scherer, Jeff Thorkildsen, John Weinsheim STAFF: Darryn Burich, Director of Planning Services; David Buck, Principal Planner; Jeff Nau, Associate Planner; Steve Gohde, Assistant Director of Public Works; 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 August 7, 2007 were approved as presented. (Propp/Fojtik) I. GRANT EASEMENTS AT 100 HIGH AVENUE (GRAND OPERA HOUSE PARKING LOT) AND 110 PEARL AVENUE (HIGH AVENUE PARKING LOT) Alpha Terra Science, petitioner for Gunderson Cleaners, owner, requests two easements on City property to locate monitoring wells as part of an environmental investigation associated with the facility at 118 High Avenue. The work includes installation of four monitoring wells. Two wells will be located in the Grand Opera House parking lot, just west of the northwest corner of the Opera House. The two other wells will be located just south of High Avenue and west of the public walkway running adjacent to the westerly side of the building at 103 High Avenue (located on the High Avenue parking lot property). Mr. Fojtik inquired what the DNR’s roll was in this request. Mr. Nau responded that they have been conducting an environmental investigation relating to groundwater contamination and need to test the water to see if it meets DNR standards. Mr. Burich added that the request is necessary as the wells are to be located on City property therefore an easement is required. Motion by Borsuk to move approval of the easements at the High Avenue and Pearl Avenue parking lots as requested with the following conditions: 1. The monitoring well(s) are installed in a manner that is approved by the Department of Public Works with no modification or changes in construction procedure without prior approval by the Department of Public Works. 2. If no longer needed, the well(s) be properly abandoned and removed in accordance with City standards and under the direction of the Department of Public Works. 3. Any problem that may arise as a result of placement of the well(s) be the responsibility of the petitioner/owner to correct in coordination with the Department of Public Works. 4. All appropriate permits be obtained prior to the start of placement of the well(s). 5. The well(s) be modified or removed immediately upon request of the City. Plan Commission Minutes 2 August 21, 2007 6. The petitioner/owner secures and submits to the City Clerk a separate insurance policy which names the City as an additional insured with a minimum coverage of $200,000 per person and $500,000 in general aggregate. 7. It is the responsibility of the petitioner/owner to file in a timely manner a new insurance certificate with the City Clerk upon expiration of an existing certificate. Failure to do so will result in the revocation of the easements within ten (10) days of notice. 8. The petitioner/owner execute a hold harmless agreement with the City. 9. The facility be part of and documented with Digger’s Hotline system. Seconded by Fojtik. Motion carried 5-0. II. CONDITIONAL USE PERMIT REQUEST TO ESTABLISH SEMI TRAILER STORAGE WITHIN AN EXISTING FENCED AREA AT 2404 HARRISON STREET The applicant is requesting a conditional use permit to establish open storage of semi trailers within an area enclosed with a chain-link fence. This petition has been carried over from the Plan Commission meeting of August 7, 2007 so staff could work with the applicant to get clarification on the proposed use and address concerns of adjacent property owners. Mr. Buck stated that there were questions raised at the last meeting regarding the type of storage on this site and length of time the items were to be stored. He displayed photographs of the trailers to be stored on site and stated they could be stored there for up to one year. The trailers are accessory pieces to items being stored at another site and movements on this site would be 7-10 times per week. The petitioners agreed to solid screening of the west side of the property but did not feel that screening on the remaining sides was necessary and was considering applying for a variance through the Board of Appeals to allow this. The petitioner agreed to remove the gravel in front of the site and replace it with landscaping materials and close the curb cuts and pave the remaining driveways. The petitioner is still working on a stormwater management plan, which will require approval of the Department of Public Works. Mr. Dell’Antonia questioned why the condition relating to the solid screening element is only six feet tall when the existing fence on the site is eight feet tall. Mr. Buck replied that the minimum code requirement is six feet tall so they would not be required to screen up to the top of the fence. Jeanie Klinker, 2407 Harrison Street, stated that the photographs displayed of the trailers to be stored on the site did not show the other items being stored there. She further stated that the moving of the trailers late at night was her greatest concern as they were operating between 9:30 and 11:30 pm last week. She also commented that the site plan they submitted depicting the layout of the trailer storage does not appear to give them enough room to maneuver these trailers around the site and she does not want them using her driveway. She commented that she felt the use of slats to make the existing fence solid would look tacky since in time they would deteriorate and it sounded as though this use may be continual. She questioned what the time frame was to complete the required conditions placed on this request and whom she could contact if concerns needed to be addressed. Pete Zwirchitz, 2545 Shorewood Drive, Director of Facilities for Oshkosh Truck, was present to answer questions relating to the storage use on the site. He stated that he met with City staff last week and discussed the matter with operations at Oshkosh Truck as well. They determined that they could limit operations on this site to 7:00 am to 9:00 pm. He looked into the matter of other items being stored there and commented that these items would be removed from the property within the next two months. Only the trailers displayed in the photographs should be stored there as other vehicles could leak fluids and Plan Commission Minutes 3 August 21, 2007 since this is a gravel surface, they do not want to have environmental issues on the site. The trailers contain no fluids so it should not be an issue with their storage. They currently have a month-to-month lease for this site and are hoping to have the product shipped within the next nine months. The current contract Oshkosh Truck has for the production of these trailers goes through 2009 unless it would be extended. Mr. Dell’Antonia asked if there would be ample room for movements on site once the area is full. Mr. Zwirchitz replied that the trailers hook on a hitch and can be turned on a very short radius so the use of neighbor’s driveways should not be an issue. Steve Thoma, 1219 Algoma Boulevard, owner of the subject site, stated that their intentions were to fill in the curb cuts as requested, remove the gravel and landscape the area surrounding the fence by the road, and maintain the property so it will not look shabby. Mr. Dell’Antonia inquired if the petitioner would consider wrapping the fence slats around the north and south sides for 20-30 feet to improve the look of the site from the street. Mr. Thoma responded that he did not have a problem with that as he would like to make the site as attractive as possible, however, he did have an arrangement with Oshkosh Truck to take care of the necessary screening requirements for the fence. Mr. Zwirchitz commented that they would agree to wrap the fence slats around the corners. Mr. Lowry asked if the code did not require outside storage yards to be screened on all sides. Mr. Burich responded that it did. Mr. Buck added that we could not add this as a condition to the request as a solid screening element was required to enclose the storage yard and the board could make a recommendation for this to the Board of Appeals who would be the entity who would have to grant a variance to not screen the site on all sides. Mr. Dell’Antonia commented that he would like to add the recommendation to the Board of Appeals that if if a variance is granted to not screen all sides of the fencing, that either slats be wrapped around the north and south sides for 20-30 feet or that shrubs or other landscaping be added to those areas. Ms. Propp asked if the owner was in agreement with installing solid screening along the front of the site and installing landscaping in that area as well. Mr. Thoma replied that they were agreeable to both of those items. Mr. Esslinger arrived at 4:30 pm. Ms. Propp stated she would like to add a condition #6 to this request to limit the hours of operations to 7:00 am to 9:00 pm. Mr. Borsuk commented that he felt we were making too much of this issue. This area is zoned M-2 and in keeping things in context, as an industrial district, operations should not be limited to certain hours of the day. Plan Commission Minutes 4 August 21, 2007 Mr. Fojtik agreed to a point, but stated that as long as the parties are willing to compromise on the issue, we should try to work with it. Motion by Fojtik to approve the conditional use permit to establish trailer storage on the site as requested with the following conditions: 1. Solid screening element, at least six (6) feet tall, be installed enclosing the storage yard or a variance from this requirement be received. 2. Remove gravel between fence and road right-of-way and replace with vegetative ground cover and landscaping as approved by the Department of Community Development. 3. Driveways are improved to a hard surface, as approved by the Department of Public Works. 4. The two (2) inside curb-cuts/driveways be closed and replaced with curbing. 5. Stormwater, drainage and grading plans are reviewed and approved by the Engineering Department. 6. Hours of operations be limited to 7:00 am to 9:00 pm. Seconded by Borsuk. Motion carried 5-0-1. (Mr. Esslinger voted voted present as he was late arriving and missed most of the discussion on this request.) III. AMEND CONDITIONAL USE PERMIT/DEVELOPMENT PLAN REVIEW TO PERMIT ENCLOSED OUTSIDE STORAGE AT 3530 OMNI DRIVE (OMNI GLASS AND PAINT) The petitioners are requesting to amend their conditional use permit to permit outside storage at their facility under construction at 3530 Omni Drive. A CUP amendment is required because the original development plan did not include outside storage. The petitioners are requesting to enclose the storage area with 6-foot high Privacy Link pre-woven chain link style fence to provide an opaque screen. The Highway 41 Corridor Overlay zoning district requires that any outside storage area be enclosed with a 6 foot high wood or masonry fence and a base standard modification is requested to permit the chain link fence. Mr. Burich presented the item and displayed photographs of the proposed style of fencing. Ms. Propp questioned if the petitioner was not present to answer questions. Mr. Burich replied that they were not. Ms. Propp commented that she felt that this was a step down as this area would be in the front yard of the site and questioned what color of fencing they were proposing in contrast to the colors of the building. Mr. Burich responded that one of the conditions in the staff report would be final approval by the Department of Community Development of the fence type and color. He commented that the area would be more visible when traveling north on Highway 41. Ms. Propp questioned whether the landscaping screening around the storage area would be adequate. Mr. Burich replied that the condition recommended in the staff report was for landscaping to parking lot perimeter standards, which is five shrubs and one tree every 50 feet. The board members reviewed the landscaping plan submitted and briefly discussed the options of changing the conditions to increase the landscaping surrounding the fence, or leaving it up to staff or the Plan Commission Minutes 5 August 21, 2007 Common Council to work out an arrangement with the petitioner regarding the density of landscaping, or laying the item over to the next meeting to give staff time to contact the petitioner regarding the matter. Mr. Burich commented that in the Highway 41 Corridor, if a wood or masonry fence were erected surrounding the storage area, no additional landscaping would be required. If a base standard modification was to be granted for the site to erect this pre-woven style chain link fence instead, we could modify the landscaping requirements to decrease the span between deciduous trees from 50 to 25 feet. The board members agreed that this would be an acceptable compromise and it should be added to condition #3. Motion by Fojtik to approve the amendment to the conditional use permit/development plan as requested with the following conditions: 1. Approval of final fence type and color by the Department of Community Development. 2. Base standard modification to permit a chain link or vinyl solid screen fence to enclose the outside storage area. 3. Storage area perimeter to be landscaped to parking lot perimeter standards with the exception of decreasing the span between deciduous trees from 50 to 25 feet. Seconded by Lowry. Motion carried 6-0. IV. CONDITIONAL USE PERMIT AND DEVELOPMENT PLAN REVIEW FOR THE EXPANSION OF BERGSTROM AUTO SALES AT 3265 SOUTH WASHBURN STREET The applicant is requesting an expansion to previously issued conditional use permits/development plans for the construction of a Subaru sales facility with display lot and automobile display “pod”/platform. Base standard modification to regulations of the Zoning code for increased light levels is also required. Mr. Buck distributed copies of new site plans, which were received in the Planning office yesterday. The revised plans are adding an additional 70 feet to the west side of the property, which will add 40 parking stalls to the site. Mr. Buck stated that this application is the same request which was recently approved for a CUP located to the north of the existing Bergstrom site. They are relocating the dealership to the south of the existing site instead. He also noted that the addition of the parking stalls on the revised site plan would require additional interior and exterior islands be added to the site. Mr. Borsuk questioned why the additional islands were not noted in the staff report as a condition of approval. Mr. Buck responded that the revised site plans were first received yesterday and the staff reports were mailed last week. An additional condition could be added to the recommendations to accommodate this revision. Mr. Dell’Antonia asked what would happen to the site which the CUP was originally approved for. Mr. Burich replied that the applicant would have to come back to the board for approval of another use unless they use the site for the purpose for which it was approved with the same site plan. Plan Commission Minutes 6 August 21, 2007 Mr. Lowry questioned the vacation of McClone Drive now that the site was not being used for the dealership. Mr. Burich responded that the road had already been vacated and was not necessary for circulation purposes but was there because of the sewer and water mains, which are maintained as easements. Brannin Gries, 500 N. Commercial Street, Neenah, stated that Bergstrom’s agrees with all conditions included in the staff report. He further stated that the lot was narrower than the last site but they would not be opposed to additional islands in the rear parking lot if necessary. Bergstrom’s felt that the Subaru and Honda dealerships were more compatible together and would like to eventually add another dealership on the previously approved site to the north. There was a brief discussion of the addition and location of parking islands in the rear lot to satisfy code requirements. Mr. Gries did not object to them, however, he was concerned with these islands interfering with their parking stalls. It was decided that an additional condition should be placed on this request adding two full islands in the interior of the rear lot and two half islands on the perimeter of the rear lot and the applicant could work this matter out with City Planning staff in regard to the location of these islands. Motion by Fojtik to approve the conditional use permit/development plan for the expansion of Bergstrom Auto Sales as requested with the following conditions: 1) Land division consistent with the proposed plans is executed for the site. 2) Provide an access easement for the two (2) internal drives to the Bergstrom Honda site to the north. 3) Base standard modification to exceed the maximum illumination levels at the north property line. 4) Stormwater, drainage and grading plans are reviewed and approved by the Engineering Department. 5) Addition of two full landscape islands to the interior of the rear parking lot and two half landscape islands to the perimeter of the rear parking lot. lot. Seconded by Lowry. Motion carried 6-0. V. TWO LOT LAND DIVISION/CERTIFIED SURVEY MAP AND A CONDITIONAL USE PERMIT/DEVELOPMENT PLAN REVIEW FOR A WAREHOUSE AND GARDEN CENTER ADDITION AT 2351 WESTOWNE AVENUE The applicant is requesting a two-lot land division, which is a reconfiguration of five (5) existing parcels (four within the City of Oshkosh and one within the Town of Algoma) totaling approximately 24.3 acres of land, as follows: 􀁸 Lot 1 (labeled Lot 5) = 18.54 Acres 􀁸 Lot 2 (labeled Lot 6) = 5.75 Acres The applicant is also requesting an amendment to previously issued conditional use permits/development plans to allow construction of a new warehouse facility and for the expansion of the existing garden center and storage area. Mr. Buck presented the item and stated that he did receive two calls from neighbors concerned with screening and aesthetics for the site. They would like to see more landscaping along the warehouse area. Karen Thon, 2280 Patriot Lane, Unit A, stated that she felt that the expansion of the site would actually make their condominium development more private by screening the uses on Westowne Avenue, but she Plan Commission Minutes 7 August 21, 2007 would like to see more of a buffer than just the fence around the warehouse area. She would like to see some vegetation and trees planted along the fence as well. She also questioned some sewer or drainage piping located on her property and was concerned how the annexation mentioned in the presentation would affect this. Mr. Buck responded that the annexation he referred to was just a small remnant of a parcel of land along the east side of the development still located in the Town of Algoma and it would have not effect any sewer easements running through the condominium property. Theron Berg, representing Menards, stated that they would not have any problems adding some trees along the fence by the warehouse area, but they were concerned with the loss of the ten parking stalls noted in the conditions. These stalls are located there for the convenience of shoppers at the garden center to alleviate customers parking in the traffic lanes to load items into their vehicles. He further stated that Menards has these stalls located in this area at all their other stores and have not had any problems with it. Mr. Fojtik commented that he has shopped at Menards on a number of occasions and has witnessed people parking in the traffic lane by the garden center to load their vehicle. Mr. Lowry questioned if it would be possible to add a striped out loading zone in this area instead of the ten parking stalls to address the issue. Mr. Buck replied that it would better suit the purpose and be safer than the parking stalls backing into the traffic lane. Mr. Berg agreed that the parallel parking as a loading zone only would address the issue and would be acceptable to them. Mr. Buck responded that condition #5 could be revised to removal of the parking stalls backing onto the traffic lane and adding parallel parking for temporary loading zone with signage in this area. Mr. Dell’Antonia inquired about the planting of trees along the fence in the warehouse area as it appears to be a detention basin for the site. Steve Gohde, Assistant Director of Public Works, stated that he would have concerns with adding landscaping in a pond area for detention purposes as leaves and other debris from the landscaping could cause problems. He would need to review the situation closely first. Mr. Berg responded that it could be added as a condition with the stipulation that it be reviewed and approved by the Department of Public Works. Mr. Burich stated that he could work with staff on this issue. Ms. Propp stated that she would like to add the condition to install landscaping along the fence behind the warehouse area with the approval of the Department of Public Works and Community Development. Motion by Borsuk to approve the two lot land division/csm and the conditional use permit/development plan for a warehouse and garden center addition as requested with the following conditions for the land division: Plan Commission Minutes 8 August 21, 2007 1) The parcel currently located within the Town of Algoma is attached/annexed into the City of Oshkosh. 2) Cross access and cross drainage easements between the two lots be placed on the face of the CSM. 3) Depict the proposed ANR pipeline easement location, as depicted on the Development Plan. 4) Changes to the labeling on the CSM as requested by DPW. And the following conditions for the conditional use permit: 1) Base standard modification to allow a zero (0) foot east side yard setback as depicted. 2) Sign off on the proposed relocation of the ANR pipeline easement from ANR. 3) Sign off on the proposed easement crossings from the Town of Algoma. 4) Establishment of cross access and cross drainage easements between the two lots. 5) Removal of the parking stalls backing onto the traffic lane and addition of parallel parking for a temporary loading zone with signage. 6) Pavement connection of the fire gate to the existing access lane. 7) Base standard modification to exceed the maximum 0.5-foot candles at shared eastern property line, as depicted. 8) Stormwater, drainage and grading be reviewed and approved by the Engineering Department. 9) Addition of landscaping along the fence behind the warehouse area with the approval of the Department of Public Works and Department of Community Development. Seconded by Esslinger. Motion carried 6-0. OTHER BUSINESS NR 115 PROPOSED RULE CHANGE Mr. Burich stated that he attended a hearing last Thursday regarding the proposed NR 115 rule change and voiced his concerns regarding the negative impact this change could have on development in the community. The minimum lot sizes were the main concern, as it will make some lots in our community hard to develop. The fact that the proposal would treat all navigable waters the same and would be too restrictive particularly in urban areas. The board members reviewed a map that displayed what would be considered a navigable waterway in our community and briefly discussed the impact of the proposed rule change and how it would affect development in our area. There being no further business, the meeting adjourned at approximately 5:55 pm. (Lowry/Borsuk) Respectfully submitted, Darryn Burich Director of Planning Services