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HomeMy WebLinkAboutMinutes PLAN COMMISSION MINUTES AUGUST 16, 2005 PRESENT: Lee Bettes, David Borsuk, Thomas Fojtik, Steven Gehling, Shirley Mattox, Cathy Scherer, Donald Simons, and Jon Dell’Antonia, Chairman EXCUSED: Kathleen Propp, Jeff Thorkildsen, and John Weinsheim STAFF: Darryn Burich, Director of Planning Services; and Vickie Rand, Recording Secretary The meeting was called to order at 4:00 p.m. by Chairman Dell’Antonia Roll call was taken and a quorum declared present. The meeting minutes of August 2, 2005 were approved as mailed. (Simons/Bettes) Unanimous. IA: THREE LOT LAND DIVISION/CERTIFIED SURVEY MAP FOR PROPERTY LOCATED SOUTH OF EICHSTADT ROAD – National Survey & Engineering, petitioner, Mark and Dawn Reinsch, owners The applicants are requesting a three-lot land division/certified survey map for an approximate 36,562 square foot parcel of land located to the southeast of developed Eichstadt Road. The purpose of the land division is to create three residential building parcels. Motion by Bettes for approval of a three lot land division /certified survey map for an approximate 36, 562 square foot parcel of land located to the southeast of developed Eichstadt Road subject to the following conditions: 1) A development agreement to extend street and infrastructure utilities shall be entered into prior to final approval of the CSM. 2) Provision of any additional easements and information required by the Department of Public Works to implement street and infrastructure improvements. Seconded by Mattox. Motion carried 8-0. II: LAND DIVISION AND CONDITIONAL USE PERMIT/DEVELOPMENT PLAN REVIEW AND ACCESS CONTROL VARIANCE AT THE NORTHWEST CORNER OF N. MAIN STREET AND MURDOCK AVE– Millennium Architects, petitioner, Bros. LLC, owner The applicant is requesting three actions relative to the development of a new bank on the subject property. The first action involves a two-lot land division to create the parcel on which the bank will be located. The second action involves approval of a development plan for the parcel due to its location location in a Planned Development Overlay District. The third action that will be considered as part of the development plan review involves the approval of an access control variance for a 3 lane, approximately 40 foot wide, driveway access to Murdock Avenue. Plan Commission Minutes -2-August 16, 2005 Mr. Gehling questioned where the sign would be located. Mr. Burich stated the sign would be located on lot 2. Mr. Gehling stated that one’s vision to exit the existing driveway to the Fair Acres Shopping Center on Murdock Avenue was obstructed by a sign, bushes and an utility outlet box and he stated the same type of problem should be avoided for this development. Mr. Burich stated a condition could be added regarding the height of landscaping on either side of the driveway on Murdock Avenue. Discussion followed regarding the landscaping of the driveway area on Murdock. Mr. Burich stated a condition could be included to restrict landscaping within 15 feet of the driveway. Ms. Scherer questioned if the access along Main Street would be temporary until the area is developed further to the north. Mr. Burich stated that was recommended by staff. Mr. Borsuk questioned if there was common ownership with the shopping center? Mr. Burich replied there was not common ownership in this area. Mr. Borsuk questioned if an analysis had been done regarding the safety of the driveway location on Murdock Avenue. Mr. Burich stated he wasn’t aware of a traffic or safety analysis done for the area, although he noted a dedicated left turn lane was proposed. Discussion followed on ways handle the traffic in the area. Mr. Borsuk requested a traffic analysis to be done. Mr. Bettes questioned what the status was for the lot to the west of the subject site. Mr. Burich stated the lot to the west was a detention basin and was not developable. Mark Dillenburg, Millennium Architects, 2737 S. Ridge Rd., Green Bay, stated there is no objection to the conditions as recommended in the Staff Report. Mr. Dillenburg made reference to the driveway on Murdock Avenue and stated if that would be eliminated they could end up with a parcel that didn’t have access to any street. He stated City Staff has recommended three lanes for the driveway. He stated if there is a problem with traffic getting out of the site site it should probably become a controlled intersection. He stated he thought he understood how the City wanted the driveway and he also noted they have no control over the lot to the west. Mr. Dillenburg stated he thought this was a good design for the residents to the north and reiterated the driveway is where it should be and traffic will dictate when and if a signaled intersection is needed. Mr. Borsuk questioned if Mr. Dillenburg was amenable to the traffic impact study. Mr. Dillenburg stated he is not familiar with what is involved with the study and therefore can’t answer that question for his client. Ms. Mattox stated there seemed to be a transportation problem in the area. She stated traffic from this development will be emptying onto an arterial with to fast of a speed limit. Plan Commission Minutes -3-August 16, 2005 Discussion again turned to the driveway on Murdock Avenue, and the temporary driveway on N. Main Street. Mr. Dillenburg questioned what kind of facility would be appropriate for the lot if not a bank. He stated they are trying to cooperate with the City and be able to work with any development that may be proposed to the north. Mr. Borsuk stated we have already created an adverse situation in the area that would be compounded by further development. He questioned what the accident rate was in the area and stated a traffic study needs to be done for the area, which makes for good planning. Mr. Burich questioned if eliminating the driveway on Murdock would lessen the problem. Mr. Borsuk stated that would not eliminate the problem as there is still an issue with traffic entering the site from Central Street and left hand turns across Murdock Avenue. Mrs. Scherer questioned how the City goes about getting a traffic signal installed. Mr. Burich stated it depends on a number of factors including the amount of traffic in the area, the number of accidents in the area, among others. Mr. Bettes questioned who’s idea it was to put a westerly cross-access on Murdock Avenue. Mr. Burich stated it was the developer’s idea and the City asked for a cross access agreement. Discussion continued on the driveway situation and the current traffic problems in the area. Mr. Burich stated staff always consults with the Director of Transportation on matters of this nature. Motion by Bettes to lay the item over until the Director of Transportation would be available to make a presentation. Discussion followed on whether a written statement would be sufficient from the Transportation Director or a presentation. Mr. Dillenburg stated they hoped to move quickly on this item especially with the change in the weather soon upon us. He stated there is also an issue with the initial option on the property and doesn’t know if the option will expire soon. Mr. Simons stated a lay over of 3 weeks, until the next meeting on September 6th should be ample time to secure further information from City staff. Mr. Bettes stated he would prefer a presentation vs. a written report. Second by Borsuk. Motion carried 8-0. III: CONDITIONAL USE PERMIT/DEVELOPMENT PLAN REVIEW AT 3596 STEARNS DRIVE– Martenson and Eisele, applicant, Dowling Construction Inc., owner The applicant is requesting a conditional use permit/development plan approval to permit the operation of a general contracting business with outside storage (Dowling Construction) at the subject property. The subject property is located in a C-2PD District in which contractors yards are required to obtain a CUP and the PD requires approval of a development plan. According to the submitted narrative statement and site plan, the site will be developed in phases with the first phase using the former Sunset Elementary School structure and associated parking. Plan Commission Minutes -4-August 16, 2005 Mr. Borsuk questioned if staff has had discussions with the owner regarding the screening of vehicles since this is located in the heart of the Hwy. 41/Hwy. 45 Corridors. He also questioned if it would be permissible to ask for extensive landscaping in the area along Hwy. 45 and the south boundary line. Mr. Burich questioned how much landscaping Mr. Borsuk was looking for. Mr. Borsuk stated he would like to see 1 1/2 times the required landscaping for the area as he noted this was a gateway to the City, to be more intensive than a landscaping plan for a non gateway area. Ms. Mattox questioned if the Hwy. 41 Corridor Overlay applied on Highway 45. Mr. Burich replied the Hwy. 41 Corridor Overlay applies to the Hwy. 45 area and displayed the map to show where the corridor overlay applied. Todd Muehrer, Martenson & Eisele, 1377 Midway Road, Menasha, stated he was available to answer any questions the Plan Commission may have. Mr. Bettes asked how the business was proposed to be laid out on the site. Mr. Muehrer stated the site would look administrative in nature, as work is actually done off site. He stated he envisions an office /administrative type development, that shouldn’t have an adverse effect on the surrounding area. He stated there wouldn’t be any excessive noise or travel from the site. Mr. Bettes questioned if the construction materials would consist of either brick or stone. Mr. Muehrer stated the materials used would meet the design standards of the Highway 41 corridor. Mr. Borsuk questioned where storage of equipment and materials would be. Dan Dowling, 3001 N. Main Street, Oshkosh, stated equipment and materials would be stored inside the former Sunset School. Mr. Borsuk questioned if all the equipment would be stored in the former school building. Mr. Dowling stated most of the equipment would be kept outside. He stated he has had an office site on N. Main for 5 years and now has leased it out and is looking for a site that offers more visibility. Mr. Borsuk questioned if the construction equipment would be screened. Mr. Dowling stated the construction equipment would be screened appropriately. Mrs. Scherer questioned where the outside storage was planned for on the site. Mr. Dowling stated the outside storage would be south of the existing school building. Ms. Mattox questioned if the entire school building would be used. Mr. Dowling stated once the new buildings are constructed on the site, he would most likely lease out the former school building. Ms. Mattox asked how the number of parking spaces was determined. Mr. Meuhrer stated they are determined by using a formula from the Oshkosh Zoning Ordinance. Mr. Simons questioned the off street parking lot of 57 stalls and the number of parking stalls proposed for the future buildings. Mr. Meuhrer stated the number of parking stalls constructed would depend on further development. Plan Commission Minutes -5-August 16, 2005 Mr. Bettes questioned the substandard setback on the lot. Mr. Burich pointed out on the map displayed the building that does not conform to the current zoning requirements. Mr. Bettes questioned how to rectify that situation. Mr. Burich stated by allowing the developer to make improvements greater than 50% of the value of the building would bring the building into compliance. Ms. Mattox questioned exactly what the Plan Commission would be voting on at this time. Mr. Burich stated the use of the former Sunset School and associated parking would be voted on at this time. Mr. Borsuk stated the outside storage will need to be shown on the site plan and appropriately screened and questioned if staff was comfortable with the level of landscaping currently required. Mr. Burich stated only when the applicant is requesting substandard setbacks to a property line that staff usually recommends for a higher level of landscaping. Motion by Gehling for approval of a Conditional Use Permit /Planned Development to permit the operation of a general contracting business with outside storage at the subject property as found to be consistent with the Standards of the Planned Development Overlay District, Section 30-33 of the Zoning Ordinance, and the CUP Standards, Section 30-11 of the Zoning Ordinance subject to the following conditions: 1) The contractors yard use is permitted. 2) Outside storage of materials, equipment, vehicles, etc. be visually screened with the storage location and screening to be approved by the Department of Community Development. 3) A landscape plan be approved for conversion of the existing structure and the parking area be approved by the Department of Community Development. 4) Subsequent phase(s) of development will be required to obtain CUP/PD approval. 5) Improvements are allowed to be made to the existing structure exceeding 50% of the value of the structure. Seconded by Borsuk. Motion carried 8-0. Plan Commission Minutes -6-August 16, 2005 IV: ZONE CHANGE TO C-3PD, CENTRAL COMMERCIAL DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY AND CONDITIONAL USE PERMIT/DEVELOPMENT PLAN REVIEW FOR PROPERTY LOCATED AT 218-248 WISCONSIN STREET AND 545 HIGH AVENUE – HIWISCA, petitioner/owner This item was laid over from the July 19th and August 2nd Plan Commission meeting to allow the developer/owner to discuss the request with the Plan Commission. The zone change request has been modified to include the adjacent commercial property to the west owned by the applicant. The applicant is requesting two actions relative to redevelopment of the structure and parking lot at 545 High Avenue. The first request involves a zone change to C-3PD, Central Commercial District with a Planned Development Overlay. The second request is for approval of a conditional use permit/development plan related to rehabilitation of the structure at 545 High Avenue and the replacement of the parking lot. Mrs. Scherer questioned what the City’s plans were for adding green-space to the subject properties. Mr. Burich stated any additional green-space to be added would take away from parking in another area. He stated some green-space exists along Campus Place and there is a limited possibilities for additional green-space. Chairman Dell’Antonia stated it was a substantial improvement to the current condition of the site. Ms. Mattox questioned what a planters wall would consist of. Norris Krohn, 8780 SE 140th Place, Starville, Florida, requested Mr. Burich to display the picture of the three lots from the PowerPoint presentation. He stated he has previously lived in Oshkosh and has owned the property at 533 High Avenue for 30 years. He stated the building was constructed in 1893 and they have kept up the property according to the City Zoning Ordinance. He stated it is old but sound. Mr. Krohn stated he was present at the June 21, 2005 meeting and reviewed the tape from Channel 10 from the 2nd meeting on August 2nd, when this item was reviewed again, and is here today to express his opposition to the rezoning request to C-3PD. Mr. Krohn stated he is happy to see people working to improve the site, but doesn’t feel an up-scale hair salon, which was previously mentioned as a tenant for that site, is appropriate for this particular location that is for the most part surrounded by college students. Mr. Krohn stated the maintenance of the site was not kept up by the previous owner. He stated the current owner of the subject properties along Wisconsin Avenue have boasted about the improvements there, when vacancy signs are in the windows and the windows are very dirty. He stated the owner has stated they buy property to rehabilitate and usually own that property for 10 years, when they haven’t even been in business for 10 years, as they’ve been in business since 1997. Mr. Krohn questioned the owner’s statement at past meetings regarding the property on Wisconsin Street having 80% occupancy since improvements have been made from a previous 40-50% occupancy. He stated 3 units are still vacant and questioned if a shrimp place is open or not. He stated since the fire one month ago at 545 High Avenue, 3 cars have been removed and electrical work has been done on the roof. Plan Commission Minutes -7-August 16, 2005 Mr. Krohn stated that if the developer was only going to repair the burned area there would be no need to change the zoning to C-3. He referred to Chapter 30-36 of the Zoning Ordinance which lists this as a permitted use in the C-2/R-5 Zoning Districts along with 16+ other uses. He stated he doesn’t want to see the site opened for more opportunities that are available in the C-3 Zoning District, and also objects to giving up more green-space. He stated this is a non-conforming building and the area looks like an asphalt jungle, which in his opinion looks bad. He stated he is nervous about what can happen with this property. Mr. Krohn referred to the Zoning Ordinance, Chapter 30-33 regarding the purpose of a Planned Development Overlay (PD), and section 30-33 (A)(1)(b) that states that use of a PD must provide one or more advantages to the City and he doesn’t see any that exist. Mr. Krohn stated that he was opposed to the zone change to C-3PD as requested. Robert Kujawa, Best Real Estate Company, Cottage Grove, WI 53727, representing Sara Investment, stated he was previously a tenant at this site for 8 years and is very familiar with the area. He stated he supports the rezoning as all other redevelopment sites in this area have been rezoned to C-3PD. He stated the subject properties appear as spot zoning areas and requested that the benefits given to the new developments in this area be given to the subject properties as well. He stated the subject property is the most blighted in the area at this time and noted it is easy to see what the developer has done on Wisconsin Street that has attracted new tenants to come in. Mr. Kujawa stated the developer felt that the 545 High Street property would have a negative impact on the Wisconsin Street properties and was able to negotiate a deal for both properties for rehabilitation. Mr. Kujawa stated the party that has objections to the rezoning has given no real reason for his objections. He stated the subject site will not have a detrimental effect on Mr. Krohn’s property and further review of the improvements will be requested as the development progresses and therefore encourages the Plan Commission to give the developer the opportunity to rehabilitate this site. Mr. Kujawa discussed the parking lot vs. the green-space available and noted that it was hard to work with an infill area. He stated parking is needed to service the developments in the area and sees this as another step of progress in the area. He stated the City will be happy with the improvements made in this redevelopment area. Eric Schwartz, President of Sara Investments, stated he would be glad to answer any questions the Plan Commission may have. Mr. Bettes questioned if any landscaping was planned for the site. Mr. Schwartz stated he had met with City Staff member Susan Kepplinger on the site to discuss the need for landscaping and they recognized the late night activity in the area with the presence of taverns and noted it would be hard to soften the site with with landscaping. He stated they will work with the Department of Community Development on landscaping improvements. Mr. Schwartz also stated the mechanical equipment will be screened. He stated he had bought the properties in January and started working on improvements in February. Plan Commission Minutes -8-August 16, 2005 Mrs. Scherer questioned the use of a planter’s wall on the High Street site. Mr. Schwartz stated he was willing to try. He stated they are looking for a dining type tenant that may also provide outside dining. Mr. Schwartz stated in regards to the exterior of the building he would like the two sites to compliment each other and plans on combining the dumpster area and doing an overall cleanup of the subject properties. Ms. Mattox referred to the color drawing (on file in the Department of Community Development) and questioned the light beige exterior compared to the gray exterior of the Wisconsin Street buildings. Mr. Schwartz stated the colored rendering was not indicative to the actual colors that would be used. Mr. Schwartz stated the priority at this point is to get the parking lot improvements made before school opens in the fall as it is in very bad shape and the contractors are ready to start work. Motion by Bettes for approval of a zone change to C-3PD Central Commercial District with a Planned Development Overlay, and for approval of a Conditional Use Permit/Development Plan related to the structure at 545 High Avenue and the replacement of the parking lot with a finding that the zone change is in keeping with the purpose of the Planned Development Overlay District, Section 30-33 (A)(1) of the Zoning Ordinance and a finding that the Development Plan is in keeping with the Conditional Use Permit Standards, Section 30-11 of the Zoning Ordinance subject to the following conditions: 1) The existing building at 545 High Avenue be considered a conforming structure with regard to its existing setbacks and allowed structural improvements exceeding 50% of the assessed value of the life of the structure. 2) The reconstruction of the parking lot be allowed as proposed with a minimum 5 foot setback be required along the east property line. Setback area is to be landscaped as approved by the Department of Community Development. 3) Any parking lot lighting provided be consistent with lighting in the redevelopment area, to be approved by the Department of Community Development. 4) Screening of mechanical equipment on the east elevation to be approved by the Department of Community Development. 5) Trash enclosure is permitted in the proposed location with materials used for the enclosure to be approved by the Department of Community Development. 6) Approval of a cross access/cross parking agreement by the Department of Community Development to be recorded at the Register of Deed’s Office. Seconded by Gehling. Motion carried 8-0. Plan Commission Minutes -9-August 16, 2005 V: ZONE CHANGE FROM M-2 CENTRAL INDUSTRIAL DISTRICT TO C-3 PD, CENTRAL COMMERCIAL DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY FOR PROPERTY LOCATED AT 1402 MOUNT VERNON STREET – Doug Buettner, Applicant, Bay Lake Bank, owner The applicant is requesting to change the zoning of the property at 1402 Mount Vernon Street from M-2 Central Industrial District to C3-PD, General Commercial District with a Planned Development Overlay. The subject property is a 4.8-acre lot containing a building with a footprint of approximately 180,000 square feet. The building was originally a manufacturing use and is currently used for light industry and storage. Mr. Burich introduced the item. He stated the staff is basically in support of the concept, however, they have had to recommend against it because neither a precise site plan nor adequate information about this proposal has been submitted. Doug Buettner, 1531 W. New York Avenue, representing the developer, stated the Plan Commission has approved a number of items at this meeting without the knowledge of a floor plan. Mr. Buettner discussed plans he’s heard of for the City to vacate a portion of Mount Vernon Street, for the reconstruction of Custer Avenue, and the amount of money residents in the area would have to pay for street repairs. Mr. Buettner compared the usage for the site to Park Plaza but with the Mt. Vernon location having a much lower cost to lease space. He discussed the exterior work needed to be done, including a turn around and a fountain, and the increase of property value if this were approved. He passed around pictures and discussed the layout for apartments in the complex. Mr. Borsuk questioned if Mr. Buettner currently owned the property. Mr. Buettner stated an offer has been made and accepted, and they plan to close on the property on September 10, 2005. Mr. Buettner stated the developer would purchase the property if the rezoning is approved, or the building will remain as is. Ms. Mattox questioned if anyone has done an analysis of the condition of the building. Mr. Buettner stated the building is solid, but does need some roof repairs. Mr. Buettner stated the rehabilitation of this property would be done in phases with improvements made to the north and east sides done in the last phases. Mr. Gehling questioned the parking availability. Mr. Buettner stated parking is available for 400-450 cars in the parking lot on the north side of the site. Mr. Borsuk stated at the last meetings items have been laid over in support of the staff needing to have more information to determine the viability of the project. He stated he is not comfortable with Mr. Buettner’s reponse to the parking availability. Chairman Dell’Antonia questioned what impact this project would have on the community if it were approved. Plan Commission Minutes -10-August 16, 2005 Mr. Burich discussed the current industrial use on the subject property. Chairman Dell’Antonia questioned the grandfathering in of the current use. Mr. Burich stated a non-conforming use could be created if the zoning were approved. Mr. Simons stated the item should either be laid over or denied as applicant ‘s need to be prepared before they bring an item forward for Plan Commission review. Mrs. Scherer questioned if the developer would be willing to return with more detailed information of their plans for the site. Chairman Dell’Antonia stated the developer was not present. Motion by Simons for approval of the zone change to C-3PD Central Commercial District with a Planned Development Overlay. Seconded by Borsuk. Motion denied. 0-8. OTHER BUSINESS Mr. Burich stated a workshop would be held after the first meeting of September to discuss what the Common Council’s intention is for the use of murals or wall art in Oshkosh as discussed at the last Common Council meeting. Mr. Bettes questioned what amount of staff time would be needed to prepare for the workshop. Mr. Burich stated a minimal amount of work would be needed to prepare for the workshop at this time. Mr. Borsuk stated he would like to discuss outside vending machines used as signage at a future meeting. Mr. Burich stated he would research that issue and report back. There being no further business, the meeting adjourned at approximately 5:54 p.m. (Scherer/Simons). Unanimous. Respectfully submitted, DARRYN L. BURICH Planning Services Director DLB/vlr