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HomeMy WebLinkAboutMinutes PLAN COMMISSION MINUTES FEBRUARY 3, 2004 PRESENT: Steven Gehling, Shirley Mattox, John Ruppenthal, Cathy Scherer and Lee Bettes, Chairman EXCUSED: David Borsuk, Jon Dell’Antonia, Donald Pressley, and Kathleen Propp STAFF: Darryn Burich, Principal Planner, Jackson Kinney, Director of Community Development, and Vickie Rand, Recording Secretary The meeting was called to order at 4:00 p.m. by Chairman Bettes. Roll call was taken and a quorum declared present. The minutes of the January 20, 2004 meeting were approved as mailed. (Scherer/Mattox) Unanimous. I: CONSENT AGENDA A: TWO LOT LAND DIVISION/CERTIFIED SURVEY MAP AT THE SOUTHWEST CORNER OF IRVING AVE AND HAZEL ST/LAND DEDICATION AND ACCEPTANCE/VARIANCE TO SUBDIVISION REGULATIONS The Department of Community Development, petitioner for Lakefront LLC, owner, requests the Plan Commission to review and approve a two lot land division/certified survey map for an approximate 12,500 square foot parcel of land located at the southwest corner of Irving Avenue and Hazel Street. The property currently contains a detention basin for the adjacent apartment development as well as a monument and civil war era cannons. The purpose of the land division is to split off the cannon and monument area from the balance of the property. Upon lot creation, lands are proposed to be dedicated to the City and the Plan Commission is being asked to accept the land dedication. Lastly, a variance to the Subdivision Regulations is requested to create a parcel of land smaller than allowed in the zoning district. Ms. Mattox questioned when the land was given to Mercy Medical Center and what did the City get in trade. Mr. Burich replied that the land the cannon’s were located on was never owned by the City, and explained that there was an agreement between the City and Mercy Medical Center for them to maintain the site where the cannons were located. He stated the cannons had been relocated at one time because of parking lot improvements done by the hospital. Mr. Burich explained the reason for the land division at this time is to create a separate parcel for a small City park to be maintained for the cannons. Ms. Mattox discussed the historical importance of the cannons and the area and was pleased to see it preserved. Motion by Scherer for approval of the two lot land division /certified survey map for an approximate 12,500 square foot parcel of land located at the southwest corner of Irving Avenue and Hazel Street, to accept dedication of land and to approve a variance to the Subdivision Regulations to create a parcel of land smaller than allowed in the zoning district. Seconded by Gehling. Motion carried 5-0. Plan Commission Minutes 2 February 3, 2004 II: VACATE RIGHT-OF-WAY – WOODLAND AVENUE BETWEEN ALGOMA BLVD. AND ELMWOOD AVE. The University of Wisconsin – Oshkosh requests the Plan Commission to review and approve the vacation of Woodland Avenue right-of-way between Algoma Boulevard and Elmwood Avenue. This is an approximate 50’ x 625’ (31,250 square feet) section of right-of-way. The vacated right-of-way will be incorporated into a university parking area. Mr. Ruppenthal questioned if emergency traffic would be allowed to move through this area (from High Ave. to Elmwood Ave.) with this design, and also questioned why there was a circle in the middle. Mr. Burich stated that the University has spoken with the emergency service providers and they do not object to the vacation. Elliot Garb, representative for the University of Wisconsin Oshkosh (UW-O), 800 Algoma Blvd., stated this is just one small step in a 10 year plan of improvements to the University area. He stated there is a shortage of parking in the University area. Mr. Garb stated this plan would give UW-O an additional 150 parking spaces out of the 700-900 parking spaces needed to fill the demand. He also stated the circle was designed for a pedestrian crossing in a way not to impede the movement of emergency vehicles through the area. Mr. Garb had copies handed out from a campus parking presentation he had done for the University. He stated this request is not the most significant in the course of improvements for the University area, but the most immediate. Mr. Ruppenthal questioned why the net spaces gained in the handout listed only 60 spaces when the Staff Report stated a total of 169 new spaces would be created. Mr. Garb explained that it would be more like 120 spaces due to a change in configuration to preserve greenspace. Chairman Bettes questioned how this parking lot would fold into the long range plan. Mr. Garb briefly discussed the University Master Plan for improvements over a 10 year period and how they hoped to acquire more property to gain 1400 parking spaces to meet the demands of an increase in students and staff. He explained the second major step would be to build a ramp in three years at the intersection of High Avenue and Osceola Street. Mr. Garb talked about the need for the University to acquire more land, the action of turning High Avenue into a 2 way street and reconstructing Algoma Boulevard for an internal street for the campus. He stated the last step would be to build another parking ramp if needed. Mr. Garb stated this plan is integrated into the overall master plan, which has been refined. Chairman Bettes questioned how the child care facility on Woodland would be affected. Mr. Garb stated the reconstruction would be done with some drop off spaces to be of benefit to the child care facility. Chairman Bettes questioned if they had discussed their plans with the child care facility. Mr. Garb stated they hadn’t discussed their plans with any of the neighbors between Elmwood Avenue and Algoma Boulevard. Plan Commission Minutes 3 February 3, 2004 Ms. Mattox questioned if this project wasn’t premature since the entire plan was not devised, and also questioned how they determined the parking need. Mr. Garb explained survey’s had been done with universities that were of similar size to UW-O regarding how many spaces they provide. He also stated the “parking industry” uses ratios for smaller sites. Ms. Mattox questioned if they created any incentives for students not to bring cars to campus besides the parking provided at the K-Mart lot to shuttle the students to school. Mr. Garb stated parking spaces are basically considered for upper classmen who have obligations outside of the campus, such as student teachers, interns, or students who have jobs, and other incentives are being considered. Mrs. Scherer questioned if emergency vehicles will have access to the parking area. Mr. Garb stated they need to make accommodations for emergency vehicles and that they might not be able to drive through, but they will have have access. Mr. Gehling questioned if they had gathered information on traffic counts in the area. Mr. Garb stated they didn’t have current information on traffic counts in the area. Larry Lang, 1027 Algoma Blvd., stated he would have a view of the entire parking lot from his upstairs window. He stated he was at the meeting by chance since he had not received any information about this street vacation. Mr. Lang stated he was both surprised and disappointed in the way UW-O has treated their neighbors. He stated he has been a resident for 30 years and has tried to cooperate with the University during other projects they have taken on. He also stated he feels this street vacation will decrease his property value. He encouraged the Plan Commission to table this item until UW-O has had a chance to talk with the neighbors and discuss the impact this will have on them and the neighboring streets. Florence Palmer, 1039 Algoma Blvd., agreed with statements Mr. Lang had made. She stated she doesn’t like to drive through the campus area. She stated it was hard to get out of her driveway now and felt the situation would get worse according to the University’s plans. She asked if there would be any walking trails if Woodland were to be vacated, as she likes to walk in the area and doesn’t want to walk through a parking lot. She stated she has lived there since she was 6 months old, and has seen many changes with the strip malls, fancy lights, and flowers planted, but now she is not in favor of an ugly parking ramp and feels the neighborhood deserves something better. Chairman Bettes stated the zoning district includes a planned development overlay, which will require any new developments to come before the Plan Commission and Common Council for review. Ms. Mattox questioned why the two property owners listed in the staff report received notices. Mr. Burich stated adjacent and abutting property owners are notified. Ms. Mattox stated she didn’t think it was good planning for UW-O not to hold a meeting or notify their neighbors. Mr. Ruppenthal stated it was difficult for the University to solve their parking problems. He stated they need to provide parking on campus and not in outlying neighborhoods. He stated Woodland seems to have less traffic than other streets in the neighborhood and seems to be the best alternative. Mr. Ruppenthal stated it also appeared to be consistent with the Campus Master Plan and as a first step seemed like a viable alternative. Plan Commission Minutes 4 February 3, 2004 Mrs. Scherer stated she was uncomfortable with the street vacation as she feels she needs more information to determine the best place for a parking lot and would like UW-O to notify their neighbors. Chairman Bettes stated he had asked for traffic counts. Mr. Burich had received information that he handed out with the closest traffic count being on Elmwood Avenue with 3,000 vehicles and no information on Woodland or Vine Avenues. Chairman Bettes stated the City is under obligation to help UW-O provide parking on campus for students and staff. He stated this street vacation would effect an entire neighborhood and would like to see them notified. He suggested the item be laid over. Motion by Ruppenthal to approve the vacation of Woodland Avenue right-of-way between Algoma Boulevard and Elmwood Avenue. Failed for lack of a second. Ms. Mattox stated she would like to see a bicycle plan along with a parking plan. She stated the total transportation issue should be addressed in addition to parking. Motion by Ruppenthal to lay over the item for 30 days. Seconded by Scherer. Motion carried 5-0. III: CONDITIONAL USE PERMIT FOR A CHURCH ADDITION AT 2450 W. 9TH AVE Good Shepherd Church, petitioner/owner, requests the Plan Commission to review and approve a conditional use permit for an approximate 6,000 sq. ft. addition to the one story 7,200 square foot structure. The church is proposing the one story addition, with basement, primarily to expand their gathering/reception area on the first floor and additional classroom space in the basement. A meeting room and choir practice room will also be included in the addition. No additional seats or pews for worship purposes are proposed. The 4 acre property is zoned R-1 Single Family Residence District which allows institutional uses such as churches only through a conditional use permit. Mr. Gehling questioned if the parking lot would be the same size. Mr. Burich stated the parking lot will lose spaces for a covered parking area, and some parking spaces will be returned to green space. Motion by Ruppenthal for approval of a conditional use permit for an approximate 6,000 square foot addition to the one story 7,200 square foot structure to be found in compliance with the Standards set forth in Section 30-11 (D) of the Zoning Ordinance. Seconded by Gehling. Motion carried 5-0. IV: CONDITIONAL USE PERMIT (RENEWAL) TO OPERATE A CONCRETE BATCH PLANT AT VULCAN QUARRY LOCATED AT 1301 KNAPP ST. MCC Inc., petitioner for Vulcan Materials, owner, requests the Plan Commission to review and approve a Conditional Use Permit (CUP) to operate a concrete batch plant at the Vulcan Quarry located at 1301 Knapp Street. The subject property is zoned M-3 General Manufacturing District that does allow ready mix plants through CUP. Tom Brockman, General Manager of MCC, 1911 W. Wisconsin Avenue, Appleton, stated they are using measures to mitigate the dust such as watering aggregate piles, etc., and will continue to do so. Plan Commission Minutes 5 February 3, 2004 Ms. Mattox questioned who measures the air quality. Mr. Brockman stated OSHA is measuring air quality at this time, and is sure they will continue as they have put more of an emphasis on air quality recently. Ms. Mattox questioned if they received a report from OSHA, if the air quality was safe, and if any complaints have been received regarding the air quality. Mr. Brockman stated the reports they have received have all been fine, and they have not received any complaints on the air quality. Mr. Brockman also noted that 99% of the dust is contained in the ready mix plant. He stated he has information as presented two years ago regarding the operation if the Plan Commission wished to see it. Mr. Gehling stated OSHA measures the air quality on the property for the employees; however, the Department of Natural Resources would measure the air quality that migrates off of the property. Mrs. Scherer questioned if the staff had received any complaints from neighbors of the quarry. Mr. Burich stated he received one phone call from a resident on Kensington Avenue who he questioned about the dust and found no problem. Mrs. Scherer also questioned why the CUP was recommended for five years instead of two years. Mr. Burich explained the first CUP was issued for a two year trial period, and since no problems have come forth, staff is recommending five years at this time because the life expectancy of the quarry is between five and seven years. Mr. Ruppenthal stated that Vulcan Materials has been a good corporate citizen and has done a good job addressing concerns the Plan Commission had two years ago and felt five years was a reasonable time frame for the CUP. Motion by Ruppenthal for approval of a Conditional Use permit to operate a concrete batch plant at the Vulcan Quarry located at 1301 Knapp Street found to be in compliance with the Standards set forth in Section 30-11 (D) of the Zoning Ordinance subject to the following conditions: 1) The CUP be valid for five (5) years from the date of issuance, and that a renewal request be made to continue operations after that time frame. 2) Dust mitigation measures, such as water spraying be employed for the batch plant operation in areas where dust is generated by the operation including, but not limited to, the gravel drive, aggregate piles, truck maneuvering areas, and the batch plant unit. Seconded by Gehling. Motion carried 5-0. V: ZONE CHANGE FROM M-3 GENERAL INDUSTRIAL DISTRICT TO C-1 NEIGHBORHOOD BUSINESS DISTRICT; CONDITIONAL USE PERMIT FOR A SUBSTANCE ABUSE TREATMENT FACILITY AT 3240 JACKSON STREET C.R. Meyer and Nova Counseling Services, Inc., petitioners for the City of Oshkosh and Work Adjustment Services, owners, request the Plan Commission to review and approve a zone change from M-3 General Industrial District to a C-1 Neighborhood Business District at 3240 Jackson Street. Plan Commission Minutes 6 February 3, 2004 The petitioners are also requesting a conditional use permit (CUP) to operate a substance abuse treatment facility at the property, which is only allowed through CUP in C-1 and R-5 zoning districts. The requests involve two subject properties, which are both part of the City’s North Industrial Park. The property owned by the City is approximately 3.56 acres and the portion of the Work Adjustment property to be rezoned is about 1.35 acres. Jerry McClone, 347 N. Westhaven, stated he was employed by Nova and was available to answer any questions the Plan Commission might have. Mrs. Mattox questioned if there was enough protection for people when they are outside in a passive setting, or if it was too noisy. Mr. McClone stated he was not familiar with the noise level in the area and noted that most of the treatment would take place indoors, with some sessions out of doors during the summer months. Mr. Gehling noted that even though the building would be quite a distance from the street, he still would like to see information on the elevations included in the report that goes to the Common Council, although he thought this was a good use of the site. Pete LeCompte, 895 W. 20th Avenue, representative for C.R. Meyer, stated the bedrooms and offices have a lot of windows, and the exterior consists of masonry, maintenance free siding, and a pitched roof to break up a large shingle roof. He also described the entrance area was designed to be easily located on the site. Mr. Ruppenthal stated it was a nice opportunity for the development of a difficult piece of property. Motion by Ruppenthal for approval of a zone change from M-3 General Industrial District to a C-1 Neighborhood Business District at 3240 Jackson Street, and approval of a Conditional Use Permit to operate a substance abuse treatment facility at the property, found to be in compliance with the Standards set forth in Section 30-11 (D) of the Zoning Ordinance. Seconded by Scherer. Motion carried 5-0. VI: ZONE CHANGE TO ADD A PLANNED DEVELOPMENT OVERLAY DISTRICT TO A R-3 MULTIPLE DWELLING DISTRICT/CONDITIONAL USE PERMIT/DEVELOPMENT PLAN REVIEW FOR A MULTIPLE FAMILY DEVELOPMENT KNOWN AS WYLDEWOOD VILLAGE Carow Land Surveying, petitioner for Midwest Companies, owner, request the Plan Commission to review and approve a zone change to add a Planned Development Overlay to an existing R-3 Multiple Dwelling District. A conditional use permit/development plan review is also requested for a proposed multiple family development involving a mix of structure unit sizes ranging from 2 units to 6 units. Tom Halverson, Carow Land Surveying, 615 Lindale Drive, Appleton, stated the density was reduced for this village to be more compatible with the surrounding area. Ms. Mattox questioned who their potential tenants would be. Mr. Halverson stated it would be marketed to all age groups. Plan Commission Minutes 7 February 3, 2004 Ms. Mattox also questioned if this area had been reviewed by emergency services, the Fire Department in particular. Mr. Halverson stated it had been reviewed by all emergency services and no problems had been found. Ms. Mattox asked if there were any concerns regarding Havenwood Drive and also questioned where 58% of greenspace was located and if there was a central gathering space. Mr. Halverson replied that no concerns have been raised regarding Havenwood Drive and greenspace was scattered throughout the site. Mr. Halverson stated walking trails with park benches are located along the south side of the site along with a large detention pond with benches along the east line of existing buildings. He stated a walking trail system would be developed throughout the development with a trail to the 76 unit condo development. Rich Hunt, 2725D Havenwood Dr., questioned why a walkway would be located at the backside of the existing condo development, and asked who they thought would be walking there. He also stated his concerns with the circular design of the driveways with the noise and lights that would disrupt the privacy of the adjacent condo development. He suggested cul-de-sacs at the end of each road. John Walterman, 2745F Havenwood Drive, stated he was never contacted regarding the review of the drainage plan for the subject development, which he was sure this Commission reviewed. He noted the green space on the western side of the condo development and questioned the distance required between developments. Mr. Burich replied there was a minimum 10’ setback required between developments. Mr. Walterman questioned if a 15’ setback wouldn’t be better for placement of snow and drainage. He stated his property drains south and water stands in that right-of-way. Mr. Walterman also stated his concerns regarding the trail location and the screening of the new development. Chairman Bettes explained that the Plan Commission is not qualified and does not review drainage plans and suggested Mr. Walterman talk with the Department of Public Works regarding that issue. Chairman Bettes invited Mr. Halverson back to address concerns of Mr. Hunt and Mr. Walterman. Mr. Halverson stated Emergency services required the looped design of the roads, in particular for fire protection and was also required by the State Building Codes. He stated as far the drainage plan, storm sewer was extended to the south line of the north condo development, he stated the water doesn’t drain north, and there will most likely be a swale at the south property line. Mr. Halverson continued to address the screening concerns by stating a landscape plan has been submitted to the Department of Community Development and zoning requirements had been followed with the proposal of one tree and five shrubs per 50’ of pavement. Chairman Bettes questioned if areas had been considered to pile snow. Mr. Halverson stated there is an open area between the roads that could be used, but he is not aware of snow removal plans. Mrs. Mrs. Scherer questioned how the new parkland dedication fees applied to this development. Mr. Burich stated that the parkland dedication fees did not apply to this development because the parcels were created before the ordinance was amended to include multiple family developments. Ms. Mattox questioned if they would pay parkland dedication fees when they obtained a building permit. Mr. Burich thought that was the case but would need to verify that with the City Attorney. Plan Commission Minutes 8 February 3, 2004 Mr. Gehling asked if the roads in the development were private. Mr. Burich stated all the roads in the development would be private. Mr. Gehling asked about the status of Mary Den Road, and if any lighting was required on a private drive. Mr. Burich stated Mary Den Road was not under consideration at this time. Mr. Kinney stated street lighting was an internal Condo Association issue. Ms. Mattox questioned if the private driveways would be considered under the storm water utility. Mr. Burich stated that if it is required under the current ordinance it would be applied to the site. Motion by Ruppenthal to approve a zone change to add a Planned Development Overlay to an existing R-3 Multiple Dwelling District, and also to approve a Conditional Use Permit/Planned Development for a proposed multiple family development, found to be in compliance with the Standards set forth in Section 30-11 (D) of the Zoning Ordinance subject to the following conditions: 1) The development may contain more than one two family structure on the property. 2) No further reviews are required if all base standards of the Zoning Ordinance are met. Seconded by Gehling. Motion carried 5-0. Chairman Bettes commented that Midwest Development Company has done a first class job with recent developments. There being no further business, the meeting adjourned at approximately 5:27 p.m. (Scherer/Gehling) Respectfully submitted, DARRYN L. BURICH Principal Planner DLB/vlr