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HomeMy WebLinkAboutMinutesPLAN COMMISSION MINUTES JULY 6, 2010 PRESENT: Tony Palmeri, Donna Lohry, Robert Vajgrt, Karl Nollenberger, David Borsuk, Jeff Thorns, Thomas Fojtik EXCUSED: Ed Bowen, John Hinz, Kathy Propp, Kent Monte STAFF: Darryn Burich, Planning Director; David Buck, Principal Planner; Robin Leslie, Principal Planner; Darlene Brandt, Recording Secretary The meeting was called to order at 4:00 pm by Chairman Fojtik. Roll call was taken and a quorum declared present. The minutes of June 15, 2010 were approved as distributed (Vajgrt/Thoms). L PRIVILEGE IN STREET FOR INSTALLATION OF FIBER OPTIC CABLE ALONG W. 10TH AVENUE, NEBRASKA STREET & WEST 14TH AVENUE Multimedia Communications & Engineering and the Oshkosh Area School District request approval of a privilege in street to install fiber optic cable in City right -of -ways along W. 10th Ave., Nebraska St. and W. 14th Ave. connecting the former Coca Cola plant at 1404 S. Main St. to an existing fiber optic cable near the intersection of W. 10th Ave. and Michigan Street. Mr. Buck presented the item indicating installation is proposed to be both overhead and underground were necessary. Referring to a map on the PowerPoint presentation, Mr. Buck noted the fiber optic cable would generally be overhead along 10th Ave., overhead and underground along Nebraska St., and underground to the S. Main St. site. Mr. Buck acknowledged that concern has been expressed in the past that these types of installations should be underground but due to limited underground right - of -way space, the Department of Public Works is recommending the cable utilize overhead and underground as proposed. When the streets are reconstructed in the future, all private utilities can be coordinated and placed in a single large underground conduit thereby eliminating issues with multiple utility separations and necessity to cut into the right -of -way on numerous occasions. Mr. Dan Becker, representing Multimedia Communications out of Green Bay, stated he didn't want to have any issues with the Public Works Department and was concerned about the reference in the staff report to Winnebago County; this work was being performed for the School District. Mr. Buck stated that there is a typo in the staff report and there shouldn't be difficulty with obtaining the necessary permits from the City once the item is approved by Council. Motion by Thoms to move approval of the privilege in street as requested with the following conditions: 1) The fiber optic system 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. Plan Commission Minutes July 6, 2010 2) If no longer needed, the fiber optic system 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 fiber optic system 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 fiber optic system. 5) The fiber optic system 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. 9) The facility be part of and documented with Digger's Hotline system. Seconded by Borsuk. Motion carried 7 -0 II. DEVELOPMENT PLAN APPROVAL FOR CONSTRUCTION OF A NEW RESIDENCE HALL/DORMITORY BUILDING AT 635 ELMWOOD AVENUE ON THE UW- OSHKOSH CAMPUS UW- Oshkosh is requesting a planned development review and approval for construction of a new five - story 165,000 gross square foot resident hall building to house approximately 370 students. The proposed facility will replace 3 existing four story residence halls that will be demolished. The new residence hall will provide living space consisting of 92 apartments /suites, recreational and study lounges, employee office space, meeting areas and other site improvements including but not limited to a sand volleyball court, multiple tiered concrete seating walls, formal pedestrian walkway /service drive, extensive internal walk system, two formal entrances, numerous rain gardens and biofiltration areas. Chairman Fojtik stated he cannot vote on this item because he is employed with the University and the residence halls are under his Department. He inquired if there were any objections to his facilitating the item? No objections were noted. Mr. Buck presented the item noting the area is a mix of residential uses including single family, two family and multi - family units to the east across Elmwood Avenue. Three existing 4 -story residence halls will be removed to make room for the new residence hall /dormitory and associated amenities. Mr. Buck noted an existing 26 stall parking lot will also be removed and no new parking lot /spaces are proposed within the development proposal. He also noted the project will be LEED Certified Silver, possibly Gold. Mr. Buck noted since the proposed development borders a historic district on the southeast, the Oshkosh Landmarks Commission Chairman reviewed the proposed development in regard to potential impact on the adjacent historic district. Mr. Buck read a statement from Landmark's Commission Chairperson Todd Clark into the record noting that he did not believe the project would adversely affect the historic district but hoped the University, when adjacent to historic areas, would take a transitional "campus to historic neighborhood" approach to architectural design on future projects. Plan Commission Minutes July 6, 2010 2 Chairman Fojtik stated he has been advised by staff that he should not chair this item. In the absence of the Vice - Chairperson, a member of the Plan Commission will need to volunteer to serve as Chairman pro -temp for this item. Mr. Borsuk volunteered to serve as Chairman pro -temp. Chairman Fojtik turned the meeting over to Mr. Borsuk and recused himself from the meeting. Mr. Thorns inquired if the entire site needed to be ADA compliant? Mr. Buck replied the building itself will be ADA compliant, but staff is recommending that the site, including the recreational areas and internal amenities be more handicap accessible -- especially from the public walk at the southern end of Algoma Blvd. and northern end of Elmwood Avenue. Ms. Lohry stated with a capacity of 370 students she is concerned that no on -site parking is available. She stated that there is never enough parking on campus, especially during moving in /out related activities. In the future, consideration should be given to providing adequate parking, perhaps even underground. Mr. Steve Barney, 1335 Summit Ave., inquired if the building will be energy star qualified? He stated that buildings can be LEED certified and not be energy star certified. He felt the height limitation of the zoning ordinance could be counter productive by smart growth standards under EPA definition of smart growth. He also inquired if a life -cycle analysis had been performed on the proposal. Mr. Bernie Pitz, 617 W. Irving Ave., stated he attended a meeting held by UW- Oshkosh regarding the proposed new residence hall and it was noted there would be an amphitheater at that meeting. He stopped by the Planning office today and there was no mention of an amphitheater. No mention at today's meeting either. Mr. Pitz did not believe this residential area was suited for loud bands. He also felt a new dorm could take tenants away from the adjacent residential rental property owners of which he is one. He expressed concern with parking being eliminated in light of the fact UW -O requested a conditional use permit a few months ago to use Lincoln School for parking, because of a need for more parking. Mr. Pitz objected to work already starting on site prior to all permits /approvals being obtained. Mr. Tom Sonnleitner, 800 Algoma Blvd., representing UW- Oshkosh, stated they have no objection to the conditions staff is recommending. He noted they are currently working on updating the UW- Oshkosh master plan and a parking study is part of that update. If you look at any university campus, there are always parking issues and most campuses do not provide parking adjacent to a dorm. Mr. Sonnleitner noted UW -O will be acquiring the former Lincoln School property and it is proposed to reduce the parking on that site from the current 100+ spaces to approximately 50 -60 spaces. He stated Oshkosh officials and UW -O have worked together over the years to address access issues during certain events, such as move in/out days. Mr. Palmeri inquired if the new dorm will be an energy star building? What is the life cycle of the building? Mr. Sonnleitner replied that the focus was on LEED Certification and they will not be putting out any green house gases, but that the building is not an energy star building. Plan Commission Minutes July 6, 2010 Mr. Ian Griffiths, Berners - Schober Associates, 310 Pine St., Green Bay, stated a life -cycle analysis has not been conducted but he noted the new residence hall will be constructed to last 50 -75 years and most supplies /construction material will be brought in from within a 500 mile radius. Mr. Palmeri inquired about the status of the amphitheater. Mr. Sonnleitner replied they have referred to the half circle area on the northern end of the site as an amphitheater that can be used by bands, theaters, etc. During the planning stage, several locations were considered, but it was felt the location of the residence hall as proposed would provide the most effective sound barrier for any amphitheater type use from the non - campus housing to the east. Mr. Palmeri inquired why this request is before the Plan Commission but work has already started? The general public sees work being done before approvals is obtained. Mr. Burich stated nothing prevents the University, or any property owner, from starting demolition activities as long as a razing permit is obtained. Plan Commission or Council approval is not required for those types of activities to commence. Mr. Thorns stated he was concerned about the height of the lights and their impact on adjacent residential properties, and at the same time, safety issues. Mr. Sonnleitner replied he did not believe the proposed lights would have an impact on adjacent properties, but as the project proceeds, lighting could be adjusted. The University is always concerned about safety for staff, students and guests. Mr. Buck also noted that ambient lighting from street lights or adjacent properties can change lighting levels as well. With regard to ADA issues, Mr. Griffiths noted there will be 3 ADA access points provided -- on the north, east and west -- but nothing is proposed on the south side of the site due to existing site conditions, which require the proposed series of steps. Mr. Sonnleitner requested that the Algoma Blvd. entrance area be exempted from ADA requirements. Mr. Vajgrt stated he had concerns about fire safety and ADA accessibility issues if all entrances /exits are not ADA. Are the windows solid or openable? Are there units that are just for handicap individuals? If all entrances /exits on the building are not ADA, Mr. Vajgrt felt a handicap person could have issues exiting the building in an emergency. Mr. Griffiths replied each unit has windows that open and can be used for emergency purposes. The building itself also has three ADA access points. He also noted there are units that are designed especially for handicap individuals. Mr. Thorns stated he understands the limitation on signage in the R -5 zoning district, but using C -1 standards seemed excessive to him. He would prefer that any proposed signage come back to the Plan Commission for review. He wanted to know what was being approved and didn't want to set a precedent. Plan Commission Minutes July 6, 2010 4 Ms. Lohry stated she could not support this request at this time for several reasons: parking issues need to be addressed; ADA accessibility on the south end of the site; emergency situations and ADA accessibility. Mr. Nollenberger stated he would support the request but wanted to see any signage come back to the Plan Commission for review. Motion by Nollenberger to move approval of the planned development for construction of a residence hall and associated amenities on the UW-O campus with the following conditions: 1) Base standard modification allowing a maximum height for the structure of 75 feet. 2) Base standard modification to allow planters and walks within the required setback areas as depicted on the site plan. 3) University coordinate final grading, curbing length and other site improvements with the City in relation to future Elmwood Avenue and Algoma Boulevard reconstruction projects. 4) Include handicap accessible access from the public walk at the southern (Algoma Boulevard) and northern (Elmwood Avenue) ends of the residence hall. 5) Provide bicycle and "scooter" parking /storage facilities at the site. 6) Grading, erosion control and stormwater management plans be reviewed and approved by the Department of Public Works. Seconded by Thoms. Chairman pro -temp Borsuk stated when reviewing this item, the Plan Commission needs to ask — is the request consistent with the Comprehensive Plan and overall development in the community. There may be some things we as a Commission would like to see changed, but the Plan Commission is not in a position to design buildings. The question was called. Motion carried 5 -1 (AYES: Thoms, Palmeri, Vajgrt, Nollenberger, Borsuk; NAYS: Lohry) Chairman pro -temp Borsuk turned the floor back to Chairman Fojtik. III. PUBLIC HEARING; ACCEPT 2010 -2014 CONSOLIDATED PLAN AND 2010 ANNUAL ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Mr. Burich introduced Ms. Robin Leslie, the new Principal Planner with the City. Ms. Leslie's job duties will be working with the Community Development Block Grant programs, housing related issues and general planning. Ms. Leslie noted the Consolidated Plan for the Community Development Block Grant Program (CDBG) describes the 5 -year needs for housing assistance and non - housing community development. The City of Oshkosh has prepared this Plan for prioritizing the allocation of housing and other assistance monies that may become available from the federal government over a five -year period from May 1, 2010 to April 30, 2015. The Plan consolidates the planning, application and reporting Plan Commission Minutes July 6, 2010 requirements of the Department of Housing and Urban Development (HUD) and also seeks to address urban issues, improve accountability and include citizen participation. This Plan establishes basic goals for assistance to low and moderate income persons by providing decent affordable housing with suitable living environments and by expanding economic opportunities. The City intends to use CDBG funds for census block groups that have a high concentration of low - moderate income persons. Targeted funding will be provided for items such as homebuyer's assistance, owner - occupied and rental housing rehabilitation, demolition of slum and blight, lead -based paint abatement, historic preservation, Fair Housing and public services. Projects will be targeted to areas with higher concentrations of rental housing; areas most significantly affected by foreclosure and housing abandonment; priority areas identified in the Oshkosh 2005 -2025 Comprehensive Plan; and Historic Districts, especially those with high levels of slum and blight. The City may also use CDBG funds for non - housing community development needs such as: neighborhood revitalization, redevelopment and streetscaping; neighborhood and public facilities, community policing and park/recreational facilities; analysis of zoning and other regulations; survey of properties for historical nomination; creation and support of neighborhood associations and watch groups; implementation of a neighborhood service agency for neighborhood organizing and rehabilitation efforts; and landlord and /or tenant training programs. Ms. Leslie reviewed proposed projects and activities to be carried out with $929,653 in 2010 CDBG funds. Project categories are broken into four sections: Central City Development & Community Facilities; Housing/Neighborhood Development; Public Services; and Administration and Planning. Mr. Nollenberger stated the Commission is being asked if these documents are in compliance with the approved Comprehensive Plan and other documents of the City. The Commission is not being asked to budget funds. Is that correct? Mr. Burich replied yes. Ms. Lohry inquired if funding for the housing improvement program has been consistent? Mr. Burich stated staff tries to fund activities to the maximum allowed by HUD based on the City's allocation. Historically, the City's allocation is reduced every year so the trend has been going down. Ms. Leslie noted that even though the funding level may have gone down, the housing rehabilitation program is a major component of the City's CDBG program in serving LMI households. Mr. Thorns inquired about if the Rental Rehabilitation project is the rehabilitation of rental units? Mr. Burich replied yes, which assists in improving an overall neighborhood and providing and maintaining affordable rental units in the community. One of the stipulations of the City's program is that the units must remain affordable for a period of 15 years. Mr. Borsuk felt that would be similar to WHEDA tax credits that are being used on The Rivers project where the units must be occupied by LMI individuals. Are any of the CDBG funds used to address better jobs, medical needs and such? Plan Commission Minutes July 6, 2010 6 Mr. Burich stated the City does fund public service activities that address some of these issues through a combined Public Service Consortium that was created about five years ago with the City, Oshkosh Area United Way, Winnebago County and the Oshkosh Area Community Foundation. Ms. Lohry inquired if landscaping around a home could be included as part of a housing rehabilitation project? Mr. Burich wasn't sure if landscaping was included, but it is something that could be looked at as a neighborhood stabilization activity. Mr. Palmeri stated he had questions about transparency. In June there was a notice published about a public hearing. Where was that held? Mr. Buck replied there was a public hearing held at the Oshkosh Seniors Center on July 1st at 6 pm to obtain citizens comments on the proposed 2010 -2014 Consolidated Plan and the 2010 CDBG Action Plan. Mr. Palmeri inquired what could be commented on? Only public service projects? Mr. Buck replied all aspects of the CDBG program could be addressed. Mr. Palmeri did not believe Consortium meetings were open to the public and he is concerned that people cannot publicly communicate their needs for funding. This process used to be open, with Council approving the final funding amounts for each individual recipient. Now the City allocates an amount for general public services and the Consortium approves funding levels. There is no City Council voice in this process. He stated he could not support this process. He understands it's policy, but he cannot support it. Mr. Nollenberger stated he understands Mr. Palmeri's argument, but the Commission is not voting on policy but voting on the consistency of the plans with the Comprehensive Plans. Ms. Kristi Clover, representing the Fair Housing Center of Northeast Wisconsin, stated the Center has received CDBG funds over the past few years to assist the City in support of fair housing and was open to any questions by the Commission. Motion by Nollenberger that projects and activities proposed to be carried out under the 2010- 2014 Consolidated Plan and 2010 Annual CDBG Action Plan are consistent with the City's Comprehensive Plan, official maps and other planned activities of the city. Seconded by Vajgrt. Motion carried 6 -1 (AYES: Lohry, Vajgrt, Nollenberger, Borsuk, Thoms, Fojtik. NAY. Palmeri) There being no further business the meeting adjourned at 6:00 pm (VajgrtBorsuk). Respectfully submitted, Darryn Burich Planning Director Plan Commission Minutes July 6, 2010 7