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HomeMy WebLinkAboutMinutes PLAN COMMISSION MINUTES MAY 18, 2004 PRESENT: Bryan Bain, Jon Dell’Antonia, Shirley Mattox, Donald Pressley, John Ruppenthal, Cathy Scherer, John Weinsheim, and Kathleen Propp, Vice Chairman EXCUSED: David Borsuk, Steven Gehling, and Wm. (Lee) Bettes STAFF: Darryn Burich, Director of Planning Services; Jackson Kinney, Director of Community Development; Susan Kepplinger, Principal Planner; Kristi Bales, Principal Planner; and Vickie Rand, Recording Secretary The meeting was called to order at 4:00 p.m. by Vice Chairman Propp. Roll call was taken and a quorum declared present. The minutes of the May 4, 2004 meeting were approved as mailed. (Bain/Dell’Antonia) Unanimous. ITEM I: CONSENT AGENDA A: GRANT EASEMENT – 318 N. MAIN STREET C.R. Meyer, petitioner for the Exclusive Company, owner, request approval by the City of Oshkosh to grant two easements to facilitate rehabilitation of the building at 318 N. Main Street (the old V&S building). The rehabilitation involves installation of an exit and construction of a canopy in the east wall of the building that faces the City’s Washington Avenue parking lot. B: EXTRATERRITORIAL PRELIMINARY PLAT FOR THE BARONY SUBDIVISION IN THE TOWN OF OMRO Scott Warner, petitioner for Thomas Hughes, owner, requests approval of an extraterritorial final plat identified as “The Barony”, which is located in the Town of Omro. The plat contains 74 lots and two outlots for stormwater management and wetland retention. The preliminary plat was approved in April, 2004 and the proposed final plat appears to be in compliance with the approved preliminary plat. C: TWO LOT LAND DIVISION/CERTIFIED SURVEY MAP AT 375 E. SNELL ROAD Justin Krueger, petitioner/owner, requests approval of a two-lot land division/certified survey map (CSM) and acceptance of right-of-way for property located at 375 E. Snell Road. The 3.25 acre subject property contains two single family dwellings and accessory outbuildings. The property was recently annexed to the City from the Town of Oshkosh and is zoned M-3 General Industrial District. D: EXTRATERRITORIAL TWO LOT LAND DIVISION/CERTIFIED SURVEY MAP AT 4194 COUNTRY CLUB ROAD IN THE TOWN OF BLACK WOLF William Frueh, petitioner for Carol Kruse, owner, request approval of an extraterritorial two lot land division/certified survey map (CSM) at 4194 County Club Road in the Town of Black Wolf. The 2.32 acre subject property contains a single family dwelling and outbuilding. The apparent purpose of the land division is to create an additional building lot fronting on U.S. Highway 45. Plan Commission Minutes -2-May 18, 2004 E: PRIVILEGE IN RIGHT-OF-WAY TO ALLOW INSTALLATION OF ELECTRICAL AND CHILLED WATER LINES IN ALGOMA BOULEVARD AND HIGH AVENUE The University of Wisconsin – Oshkosh requests a privilege in right-of-way in two locations to allow placement of electrical and chilled water lines. The lines are proposed to be placed in Algoma Boulevard and High Avenue. The purpose of the chilled water lines is to add air conditioning to Taylor Hall. The electrical lines are being installed to loop the University’s power system and be able to back feed buildings if other circuits in the system go down. Mr. Bain requested “Item E” be pulled from the Consent Agenda. He stated he would be voting present on this item because he is an employee of the University of Wisconsin – Oshkosh. Motion by Pressley for approval of Items A-D of the Consent Agenda. Seconded by Ruppenthal. Mr. Dell’Antonia questioned if “Item A” regarding the easement at 318 N. Main Street could be approved with a condition that that the street can’t be blocked during any necessary construction. Mr. Burich stated gaining permission to block a street is a separate issue. He stated the right-of-way could not be blocked without the required permits to do so which is under the jurisdiction of the Department of Public Works. Motion carried 8-0 for Items “A-D” subject to the following conditions for Items A, C, and D: ITEM A: 1) The canopy easement is to terminate upon its removal. 2) The “no-build” easement is to terminate if the building is removed or the fire wall penetration sealed per the building code. ITEM C: 1) Dedication of an additional 7 feet of right-of-way along Snell Road. 2) Driveway accesses be limited to one per lot and recorded on the CSM. The existing two driveways on Lot 2 are allowed until such time as the street is improved to an urban section road. ITEM D: 1) Dedication of an additional 7 feet of right-of-way along Lot 2. 2) A note be added to the CSM limiting driveway access to one approach from Lot 2. E: PRIVILEGE IN RIGHT-OF-WAY TO ALLOW INSTALLATION OF ELECTRICAL AND CHILLED WATER LINES IN ALGOMA BOULEVARD AND HIGH AVENUE The University of Wisconsin – Oshkosh requests a privilege in right-of-way in two locations to allow placement of electrical and chilled water lines. The lines are proposed to be placed in Algoma Boulevard and High Avenue. The purpose of the chilled water lines is to add air conditioning to Taylor Hall. The electrical lines are being installed to loop the University’s power system and be able to back feed buildings if other circuits in the system go down. Plan Commission Minutes -3-May 18, 2004 Motion by Dell’Antonia for approval of Consent Agenda Item “E” subject to the following conditions: 1) The lines are to be installed in a manner that is approved by the Department of Public Works with no modifications or changes in construction procedure without prior approval by the Department of Public Works. 2) If no longer needed the lines are to 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 the placement of the lines 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 lines. 5) The lines be modified or removed immediately upon the request of the City. 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 privilege in street within ten (10) days of notice. 8) The petitioner/owner execute a hold harmless agreement with the City. Seconded by Scherer. Ms. Mattox questioned the danger involved since insurance was required for this activity, and where other chilled water lines were located. Mr. Burich stated the State requires insurance to be carried by the petitioner whenever something is placed in the right-of-way. Mr. Burich also stated that he did not know where the other lines for chilled water supply are placed within the campus area or when they may have been placed. Motion carried 7-1, Bain voting Present. II. LAND DISPOSITION: 913 OREGON STREET The Department of Community Development requests approval of the disposition of City owned property at 913 Oregon Street. The subject property contains an approximately 5,000 square foot two story building originally used as the State Exchange Bank. The building was constructed in 1911 and was the City's South Side Library from 1930 until a few years ago. After the South Side Library was closed, the City leased the building to the Boys and Girls Club who subsequently moved out. While the property is not currently listed on the National Register of Historic Places, the 1980 Intensive Historic Survey indicates the property is eligible on the basis of its architecture. Mr. Pressley questioned if development of this site would come back to the Plan Commission for review and approval. Mr. Burich stated The Plan Commission and Common Council would be reviewing the development plans for this site. Mr. Weinsheim questioned if the market rate would be charged for this housing. Mr. Burich invited Ms. Kepplinger to respond to questions pertaining to this site. Plan Commission Minutes -4-May 18, 2004 Ms. Kepplinger, Principal Planner, 215 Church Street, stated the developer has requested subsidies from the City for redevelopment of this site, therefore a 5 year period of affordability will apply, which is close to the market rate at this time. Ms. Mattox made reference to the Staff Report that mentioned the property not currently being listed on the National Register of Historic Places, and questioned if any attempt will be made to maintain the historic qualities of the building. Ms. Kepplinger stated a façade easement would be retained. Ms. Mattox also questioned why the market value of $170,000 was not secured. Ms. Kepplinger stated the proposed offering price of $120,000 was the largest proposal received and the proposal represents a high level of investment in the second floor. Ms. Mattox stated she had received a letter from Ben Schneider, she went on to read excerpts from the letter stating he had submitted a proposal for redevelopment of the property, which which cost him a lot of time and money. The letter also stated he had received a letter from Ms. Kepplinger that stated the bottom line for determining who was awarded the bid was the price offered and questioned the Department’s expertise to determine the best usage of the property. Ms. Kepplinger stated she had sent a letter to Mr. Schneider that did not indicate that the bottom line in awarding the bid came down to the offering price. She stated it was based on the private investment, and the most viable proposal for the City of Oshkosh and the Oregon Street Business District. She also stated the Burns proposal was not contingent upon the City providing additional conditions such as parking or financing. Mr. Bain questioned if parking was available for the reuse of the building. Ms. Kepplinger stated there is a parking lot in the back of the building and the developer owns a 60 space parking lot that abuts that parking lot. Mr. Ruppenthal questioned what was involved in renovation of the façade and if a retail use could be found to compliment the historic nature of the building. Ms. Kepplinger stated the City would work with the developer to find a use that will capitalize on the historic architecture of the building. Mr. Dell’Antonia stated it was not uncommon to receive a letter from someone who has submitted a proposal for the redevelopment of a site and was not awarded the bid. Motion by Ruppenthal for approval of the disposition of City owned property at 913 Oregon Street to Burns Development. Seconded by Mattox. Motion carried 8-0. III: ZONE CHANGE FROM C-2 TO C-3PD, AND CONDITIONAL USE PERMIT/DEVELOPMENT PLAN APPROVAL: 1000 PIONEER DRIVE Decade Properties, Inc., owner of the Pioneer Resort & Marina, proposes to raze four two-story sections of the hotel facility, and rebuild on the existing foundations a new five-story condominium/hotel. The existing four sections contain 192 hotel units. The new five-story structure will contain 115 units, with a number of those units providing separate lock out room room capabilities, which would effectively increase the total number of units to 201. Mr. Pressley asked for the definition of the hotel having lock out room capabilities. Mr. Burich stated that it basically involved being able to create two rental units from a larger two bedroom master unit. Mr. Weinsheim questioned if the height of 70 feet applied to the entire hotel. Mr. Burich stated the zone change and current CUP/development plan approval request would permit reconstruction of the hotel to a height not exceeding 70 feet. Plan Commission Minutes -5-May 18, 2004 Ms. Mattox questioned if the pilings were strong enough for a five-story condominium hotel. Mr. Burich stated that was an engineering issue that would be addressed through the building permit process. Jeff Keierleber, introduced himself and Steve Cooper, with Decade Properties, owners of the Pioneer Resort and Marina. Mr. Keierleber stated he has been meeting with Mr. Kinney since 2003 to review the waterfront area and improvements planned for that area, which he feels will be a great asset for Oshkosh. Mr. Keierleber stated the Pioneer Inn is 38 years old, weather beaten, and needs to be upgraded. He stated the area around the Pioneer Inn is somewhat of a blighted area, but with the improvements such as the amphitheater, he feels upgrading the Pioneer Inn will be a wise investment. Mr. Keierleber stated the company owns hotels in Florida that offer a similar condo/hotel situation with lockoff units. He stated each unit would have 2 bedrooms and 2 bathrooms with the ability to lock off 1 bedroom and 1 bathroom. He stated the locked off room will then be able to be rented out separately, perhaps to a business type traveler. He stated the business traveler has the potential to come back with his family after seeing what amenities the condo/hotel has to offer with a suite type of room, which makes good business sense. He stated there would be a slight increase in the number of rooms bringing the total from 192 to 201 units, however, the rooms will be much larger. Mr. Keierleber stated all of the suites will have a view of the lake, and the lock off rooms won’t. He stated the construction will be done on the same foundation, and the floor plan is almost identical to the renovation they had done in Florida. Mrs. Propp questioned if the condo/hotel would still be functioning as a hotel. Mr. Keierleber stated individual investors would own the units. He explained the choice the owners will have to rent out half of the unit or the entire unit, and noted it will be perceived as a a new resort to the general public. Mr. Dell’Antonia stated it appears to be the same situation that the Landmark Resort in Sturgeon Bay has to offer and is quite successful. Mrs. Propp questioned if the restaurant, meeting room’s etc. will have the full view of the lake as exists now and if events such as wedding receptions will be able to secure a block of rooms for their guests. Mr. Keierleber stated there wouldn’t be any change in the restaurant, pool or meeting rooms at this time. He stated the sleeping rooms were the first priority. He also stated there would be no change in the operation of the property. Mrs. Propp stated this was a premier property in Oshkosh and she was glad to see an investment in its future. Mr. Dell’Antonia stated he is also pleased to see the proposal for this type of development that is definitely needed. Ms. Mattox questioned if there is any further talk of developing a riverwalk on Pioneer Drive or beautification of the area. Mr. Kinney stated the South Shore Redevelopment Plan adopted in August of 2003 has plans for a housing development and riverwalk along Pioneer Drive. Plan Commission Minutes -6-May 18, 2004 Motion by Dell’Antonia for approval of the zone change from C-2 General Commercial District to C-3PD Central Commercial District with a Planned Development Overlay District and that the Conditional Use Permit/Development Plan is found to be consistent with the standards set forth in Section 30-11 (D) and 30-33 (E)(3)(b) of the Zoning Ordinance issued with the following condition: 1) A base standard modification be granted to permit a building height up to 70 feet. Seconded by Weinsheim. Motion carried 8-0. IV: ZONE CHANGE FROM R-5, R-2PD AND M-3 TO R-5PD UNIVERSITY OF WISCONSIN – OSHKOSH CAMPUS AREA The University is proposing a zone change that would add a Planned Development Overlay (PD) to its base zoning classification of R-5 Multiple Dwelling District. Two portions of the campus already include the PD overlay, which generally includes the Arts and Communication building, heating plant, and parking lots. An M-3 zoned parcel, used by campus facilities management, is also included to make that property consistent with the rest of the campus. The PD overlay would allow the University some flexibility in developing and implementing a future plan for the campus while allowing the City to review and approve development plans. Ms. Mattox questioned if any private property was included in the rezoning area. Mr. Burich stated that all area proposed for rezoning is University of Wisconsin – Oshkosh property. Elliot Garb, 800 Algoma Boulevard, stated Mr. Burich did a great job explaining the request and he didn’t have much to add. He stated rezoning the UW-Oshkosh Campus area would allow greater flexibility than under the current zoning designation, and the timing has to do with a request for an antenna to be placed on one of the buildings in the campus area. He stated there would also be other issues positively affected with this zone change with the future development of the master plan for the university area. Mr. Bain stated he would be voting present on this item, as he is is an employee of the University of Wisconsin – Oshkosh. Motion by Ruppenthal for approval for a zone change from R5, R-2PD, and M-3 to R-5PD for the University of Wisconsin – Oshkosh campus area. Seconded by Dell’Antonia. Motion carried 7-1. Bain voting present. V: RECOMMENDED DRAFT OF THE HOUSING ELEMENT OF THE COMPREHENSIVE PLAN UPDATE The City is undertaking an update to their 1993 Comprehensive Plan, in order to bring the plan in compliance with the State’s Comprehensive Planning Legislation that was signed into law in 1999. Commonly referred to as the “Smart Growth Law”, this legislation established basic requirements for nine elements of a comprehensive plan. These nine elements include Issues & Opportunities, Transportation, Land Use, Housing, Economic Development, Utilities and Community Facilities, Intergovernmental, Agricultural, Natural & Cultural Resources, and Implementation. Kristi Bales, Principal Planner, reminded the Commission of the Comprehensive Update Committee Meeting on Monday, May 24, to discuss the economic element of the Comprehensive Plan. She asked the Commission to bring their April packet with them and noted she hoped they would be able to prioritize the items on Monday. Plan Commission Minutes -7-May 18, 2004 She stated she felt the “Housing Element” was in good workable final draft format and reviewed the steps taken before it reached the Plan Commission, along with the members of the steering committee and staff involved in updating this element. Ms. Bales reviewed the requirements for the element according to the Wisconsin’s comprehensive planning legislation. Next she reviewed the table of contents as to the Housing Vision; the Existing Housing Stock; and the Future Housing Needs, with the source of data coming from the low to moderate income census area, the owner occupancy rates throughout the City, the age of structures throughout the city and the median household income throughout the City; the Housing Goals, Objectives and Actions; the Housing Programs; and the Coordination with Other Plan Elements. Ms. Bales went on to review the Housing Goals, Objectives, and Actions, and noted that action to update the zoning codes would be taken after the adoption of the Comprehensive Plan. Mrs. Scherer stated the final draft looks great, although she questioned if Ms. Bales had addressed the low to moderate-income concerns the League of Women Voters had during Ms. Bale’s presentation to their group. Ms. Bales stated the way the element is written, addressing low to moderate-income levels and rental and owner options should address those issues. She also stated the State of Wisconsin Division of Housing and Urban Development (HUD) addresses rental and ownership issues. Mrs. Propp questioned if there was anything in this element to address the homeless. Ms. Bales stated this element does not address the homeless situation in Oshkosh. Mr. Burich stated the homeless situation is addressed through the City’s Consolidated Plan which is required by the Department of Housing and Urban Development (HUD) in order to receive Community Development Block Grant (CDBG) funds. Ms. Bales continued to explain HUD’s involvement with the homeless. She also mentioned the Consolidated Plan would address many housing issues with an analysis of income levels. She stated staff would begin working on the Consolidated Plan this fall to be in place by 2005. Ms. Bales continued with a brief explanation of the goals and actions under the Housing, Goals, Objections and Actions of the element. Mr. Dell’Antonia “Goal C, Action a.” and suggested ending the sentence at cul-de-sacs. Mr. Weinsheim made reference to “Goal C, Action e” regarding the second floor apartments in garages, questioning if that was something the City wants to discourage. Ms. Bales stated that it wasn’t something the City wanted to discourage but was something that needed to be maintained according to height and size limitations. Ms. Mattox stated it appears fewer people are requiring more land on which to live. She questioned if the City wants to encourage that. Ms. Bales stated that it is not something we can discourage and she reminded the Commission of the need to have housing options available for different sizes of families, and different different income levels. She also pointed out the life cycle of housing needs, from an apartment to starter home, to a two bedroom home or larger, to a condo or assisted living or nursing home situation and still be able to live in the same community for one’s entire life, near family and familiar surroundings. Mr. Bain made reference to Ms. Bales explanation of requirements for the State’s Comprehensive Planning Legislation more commonly known as the “Smart Growth Law” and how particular housing programs receive financial assistance from the State, however that is limited at the present time with the State budget crisis. Mr. Bain questioned how Ms. Bales would know when money would again be available to assist in the development of these housing programs. Ms. Bales stated she would keep informed through the network of planners as to what happens with the financial support the City would be eligible for from the State budget. Plan Commission Minutes -8-May 18, 2004 Mr. Weinsheim made reference to Goal B, and questioned if the City was modeling a rehabilitative housing program after another area’s success. Ms. Bales stated the City is not using anyone’s program yet. She discussed the situation in the campus area with older student oriented rentals where there may be an opportunity to acquire those to convert them to owner occupied units in order to help stabilize the neighborhood. Mrs. Propp questioned if the HUD Consolidated Plan would be processed through the Plan Commission. Mr. Burich stated that he believed that was the case but needed to see how the previous Consolidated Plans were reviewed. Motion by Weinsheim for approval that this Draft of the Housing Element be approved by the Plan Commission as the document that is forwarded for general public hearings and comments. Seconded by Scherer. Motion carried 8-0. OTHER BUSINESS Vice Chairman Propp reminded the Plan Commission of the Comprehensive Plan Update Committee meeting meeting on Monday May 24, 2004, and encouraged all Plan Commission members to attend. Mr. Burich noted that on June 1, 2004, the University of Wisconsin – Oshkosh Campus Plan would be on the Plan Commission Agenda. There being no further business, the meeting adjourned at approximately 5:08 p.m. (Dell’Antonia/Bain) Unanimous. Respectfully submitted, DARRYN L. BURICH Director of Planning Services DLB/vlr