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HomeMy WebLinkAboutMinutesPLAN COMMISSION MINUTES February 1, 2011 PRESENT: David Borsuk, Ed Bowen, Jeffrey Thorns, Thomas Fojtik, John Hinz, Kathleen Propp, Dennis McHugh, Donna Lohry, Robert Vajgrt, Karl Nollenberger EXCUSED: Tony Palmeri STAFF: Darryn Burich, Director of Planning Services; David Buck, Principal Planner; Deborah Foland, Recording Secretary Chairperson Fojtik called the meeting to order at 4:00 pm. Roll call was taken and a quorum declared present. The minutes of January 18, 2011 were approved as presented. (VajgrtBorsuk) I.A. RIGHT- OF-WAY DEDICATION ON THE SOUTH SIDE OF THE 600 BLOCK PEARL AVENUE BETWEEN OSCEOLA STREET AND WISCONSIN STREET I.B. PRIVILEGE IN THE STREET TO ALLOW THE EXISTING PARKING FACILITY TO BE OPERATED WITHIN THE RIGHT- OF-WAY The University of Wisconsin Oshkosh (UWO) is making two requests in order to provide sufficient right -of -way area for the creation of future Pearl Avenue by -pass. The first action is to dedicate property located on the south side of the 600 block Pearl Avenue for right -of -way use. The second action is a request to allow the existing parking facility to continue to be located within the newly dedicated right -of -way. Mr. Buck presented the item and reviewed the site and surrounding area. He also explained the reasoning for the dedication and privilege in street request and reviewed the subject site area. Mr. Thorns questioned why we are considering this action at this time. Mr. Burich responded that the requests were integrated into a land disposition to the University and the City desires to get the matter resolved in advance of said disposition. He referred to the University's Master Plan which depicts Pearl Avenue as a four -lane boulevard and stated that addressing this issue now would alleviate bringing the item to the Plan Commission and Common Council at a later date for approval. Mr. Thorns then inquired if the University would continue to maintain the dedicated area as long as the parking lot continues to exist on the site. Mr. Burich responded affirmatively. Motion by Vajgrt to approve the right -of -way dedication and the privilege in the street on the south side of the 600 block of Pearl Avenue between Osceola Street and Wisconsin Street with the following conditions to be applied to the privilege in the street: Plan Commission Minutes February 1, 2011 1) Any problem that may arise as a result from the privilege be the responsibility of the petitioner /owner to correct in coordination with the City. 2) The parking facilities shall be modified or removed immediately upon the request of the City. 3) 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. 4) 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. 5) The petitioner /owner execute a hold harmless agreement with the City. Seconded by Borsuk. Motion carried 9 -0. II. CONDITIONAL USE PERMIT APPROVAL TO ESTABLISH A MOTORCYCLE SERVICE FACILITY AT 222 JACKSON STREET The applicant is requesting approval to establish a conditional use permit to allow the operation of a motorcycle service business. Mr. Buck presented the item and reviewed the site and surrounding area as well as the current land uses and zoning classifications. He also discussed the history of the site, reviewed the site plan, and discussed removal of two parking stalls which staff felt would be problematic due to their location on the site. He also discussed the use of wheel stops or curbing to protect the right -of -way from overhanging vehicles on High Avenue and Jackson Street. Mr. Borsuk stated that the staff report made reference to the site being legal/nonconforming and requested staff to expand on this matter. He also inquired if the conditional use permit will allow the activity on the site to be expanded to automobile service as well as motorcycle service and how the condition relating to no storage of parts or equipment outside would affect refuse or a dumpster stored outside the structure. Mr. Buck replied that the reference in the staff report to legal/nonconforming was in relation to the parking lot and at some time when the lot would be reconstructed, it would have to comply with current code standards. The conditional use permit was for motorcycle service only and automobile sales /service was not included in this request however a condition could be added to the request to address this if Commission members so desired. Mr. Buck further stated that screening would have to be utilized if a dumpster was installed on the site which would be regulated by current code standards and the condition relating to no outside storage was meant to address parts or other equipment used on the site. Mr. Hinz questioned if parking stalls #10, 11 and 17 should also be removed from the site plan as #17 is also adjacent to the driveway on High Avenue and #10 and 11 are near the corner of the intersection. Mr. Buck responded that stall #17 is adjacent to the driveway on High Avenue however this entrance is larger than the driveway opening on Jackson Street so it should not bean issue. In regard to stalls #10 and 11 on the corner, staff did not have any concerns about their location as far as visibility at the intersection. Plan Commission Minutes February 1, 2011 Mr. Thorns questioned if a condition should be added to this request mandating that the parking lot life could not be extended by resurfacing as it is currently nonconforming. Mr. Thorns also inquired about signage for the site. Mr. Burich replied that we have added a condition addressing this in the past to sites that have an asphalt surface as it is easier to mill off and repair and also has a shorter life span. In this case, the parking lot surface is a concrete base so he did not feel that a condition addressing this issue would be necessary. He also stated that code requirements would dictate what would be allowed for signage on the site. Ms. Lohry inquired about code requirements for noise at the subject site as she felt the servicing of motorcycles could create a noise issue. Mr. Burich responded that the noise ordinance is administered by the Health Department and municipal code designates the amount of noise that is allowed with restrictions before 7:00 am and after 10:00 pm. Mr. Buck added that this is a heavily traveled commercial district and he did not anticipate noise issues to be a problem as it would be in a residential neighborhood. Ms. Lohry stated that she felt noise jumps and could affect other areas around the subject site. Mr. Burich replied that noise levels are monitored at the property line and would be addressed if complaints are received and noise levels are in excess of the code requirements at the property lines. Ms. Lohry also commented that she felt setbacks for landscaping on the site would be an aesthetic improvement. Ms. Propp questioned if there were any issues with obstructions in the vision triangle area for the site. Mr. Buck responded that the applicant has not indicated that anything would be located in this area. Mr. Burich added that regulations pertaining to the vision triangle would not be applicable in this case as it is a controlled intersection. Ms. Propp also questioned if parking outside should be restricted as it has been for automobile service facilities in the past. Mr. Buck replied that parking overnight is permissible in a C -3 zoning district and that the service related use is what is requiring the conditional use permit approval. Mr. Burich added that sales would also be a permitted use on the site however inoperable motorcycles would not be allowed to be stored outside. Mr. McHugh inquired if the parking lot met current code standards. Mr. Burich reiterated that the parking lot is currently considered legal/nonconforming in its existing condition however it is a concrete surface and does not require maintenance at this time. At some point when the parking lot would have to be replaced, current code standards would have to be met at that time. Plan Commission Minutes February 1, 2011 Mr. McHugh questioned if this should be added as a condition for this request. Mr. Bowen stated that this is already addressed in the ordinance and adding this as a condition would be unnecessary. Mr. Borsuk inquired why landscaping requirements were not added as a condition for this request. Mr. Burich responded that the conditions imposed must relate to mitigating any negative impacts of the proposed use. Mr. Borsuk commented that the re -use of an existing facility is nice however he felt it would be more aesthetically pleasing if the development could be somewhat enhanced. Mr. Burich replied that we cannot put any conditions on the request that are not related to the proposed use and over time, the nonconforming situation will be corrected as any other use re- occupying the site not going through CUP would not have to install the landscaping. Mr. Vajgrt commented that the service station previously located on the site had been closed down for several years and questioned if the underground tanks had been removed from the site. Mr. Burich responded that this was an issue between the property owner and the Wisconsin Department of Natural Resources (WDNR) and the city does not monitor these types of situations. Aaron Sennhenn, 517 Ohio Street, petitioner for the request, stated that he has the necessary documentation from the WDNR that the underground tanks had previously been removed and the furnace for the structure was the main issue at this time. He further stated that hours of operation would be 9:00 am until 6:00 pm, Monday through Friday, and 9:00 am until 2:00 pm on Saturday. He did not have an issue with the removal of the two existing parking stalls referenced in the staff report and he was also planning on removing stall #17 as well. He did not plan on any outdoor storage on the site and the dumpster and any parts would be kept inside the structure. He was open to discuss landscaping for the site in spring however the whole site is concrete other than the small area on the corner. Mr. Thorns questioned if the petitioner was planning on sales at this location as well as service. Mr. Sennhenn replied that this was a 50/50 partnership for the business and no plans for motorcycle sales were anticipated for the site. He also commented that no automobile service would be done at this location either. Mr. Hinz commented that he did not feel that noise would be an issue as motorcycle repairs would be completed inside the service bays, not outdoors, and the Police Department is located a block away so they would easily be aware of an issue. Motion by Vajgrt to approve the conditional use permit to establish a motorcycle service facility at 222 Jackson Street as requested with the following conditions: 1) No vehicles are parked closer than 3.5 feet to the sidewalks on High Avenue or Jackson Street and protection of the sidewalk be provided by means of wheel stop or curbing. 2) Area designated as parking stalls I and 18 are not utilized for parking. Plan Commission Minutes February 1, 2011 3) No storage of parts or equipment outside of the building. Seconded by Bowen. Motion carried 9 -0. OTHER BUSINESS Mr. Fojtik announced that there would be a joint workshop with the Common Council and Plan Commission on Tuesday, February 8 at 5:00 pm, at City Hall, to discuss the UW- Oshkosh Comprehensive Plan. Mr. Burich announced that there would be a neighborhood meeting for the potential down zoning of the 300 -400 block of Otter and Waugoo Avenues on Wednesday, February 2" at 5:30 pm, at City Hall. There being no further business, the meeting adjourned at approximately 4:38 pm. (Vajgrt/Propp) Respectfully submitted, Darryn Burich Director of Planning Services Plan Commission Minutes February 1, 2011