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HomeMy WebLinkAboutMinutesPLAN COMMISSION MINUTES April 19, 2011 PRESENT: David Borsuk, Ed Bowen, Jeffrey Thorns, Thomas Fojtik, John Hinz, Kathleen Propp, Dennis McHugh, Robert Vajgrt, Karl Nollenberger EXCUSED: Donna Lohry STAFF: Darryn Burich, Director of Planning Services; David Buck, Principal Planner; Jeffrey Nau, Associate Planner; Steve Gohde, Assistant Director of Public Works; 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 April 5, 2011 were approved as presented. (Nollenberger / Vajgrt) L RELEASE OF WATER MAIN, SANITARY SEWER AND STORM SEWER EASEMENTS ALONG THE VACATED EASTMAN STREET RIGHT- OF-WAY BETWEEN E. NEVADA AND E. CUSTER AVENUES (1402 MOUNT VERNON STREET) The petitioner is requesting the release of a water main, sanitary and storm sewer easements located within the vacated right -of -way of Eastman Street between E. Nevada and E. Custer Avenues. Mr. Bowen and Ms. Propp arrived at 4:03 pm. Mr. Nau presented the item and reviewed the site and surrounding area. He explained the reasoning for the release of easements and also reviewed the conditions recommended for this request. Motion by Nollenberger to approve the release of water main, sanitary sewer and storm sewer easements along the vacated Eastman Street right -of -way between E. Nevada and E. Custer Avenues (1402 Mt. Vernon Street) with the following conditions: 1. Petitioner /property owner assumes ownership of city utilities via an agreement approved by the City Attorney's office. Seconded by Borsuk. Motion carried 8 -0. II. TWO THREE -LOT CERTIFIED SURVEY MAPS AT 2119 NORTH MAIN STREET The petitioner is requesting approval of two certified survey maps for creation of six lots from a 1.27 acre parent parcel to create six parcels of land suitable for the development of new single - family uses. Mr. Nau presented the item and reviewed the site and surrounding area as well as the zoning classifications in said area. He also reviewed the certified survey maps submitted which meets the minimum lot size requirements for the city. The residential lots are consistent with the Comprehensive Plan for this area and the Department of Public Works, Fire and Police Departments have reviewed the request and do not have concerns with the lot layout, however Public Works was requesting that two Plan Commission Minutes April 19, 2011 additional conditions be added to this request. Mr. Nau reviewed the conditions recommended in the staff report for this request and stated that the Department of Public Works requested that the following two conditions be added. 1. All private and public easements be shown on both certified survey maps prior to recording. 2. Prior to any building permit issuance, grading and drainage plans be submitted and approved by the Department of Public Works. Mr. Bowen questioned why this land division request was not going through the usual platting process to create these lots. Mr. Nau responded that the platting process was costly and the area to be divided was small and number of lots few so the use of a certified survey map was appropriate. Mr. Bowen stated that the platting process requirements gathered more input from other approving authorities. Mr. Nau commented that the land division as a CSM is reviewed by all City departments prior to preparing the staff report. Mr. Burich added that land divisions greater than four lots usually go through the platting process however this area was a previously platted area and the certified survey map process was quicker and less costly for the owner. Bill Frueh, Frueh Consulting Services, the petitioner for this request, stated that the property currently has four platted lots and discussed the background of how this process came forward. He discussed the conditions requested to be added by the Department of Public Works and felt they were unnecessary as there were no easements on the lots and drainage and grading plans should not be required. He felt the City gets involved with too many issues regarding drainage and grading and thought it would be understandable in a new subdivision but not in an area such as this one. Mr. Burich responded that the drainage and grading plans would not require approval until building permit issuance for the lots and the City was reviewing these matters more intensely as to avoid creating problems during this part of the process. Mr. Frueh agreed that the matter should be addressed at such a time when building permits were being issued. Mr. Thoms arrived at 4:15 pm. Mr. Gohde stated that the easements were necessary on the certified survey maps to depict proposed easements such as dedication along streets for utilities which is included in the platting process. Other easements may also be necessary for features such as a stormwater drainage system. This should be viewed as an area that is increasing its impervious surface and the certified survey map process circumvents the platting review process. Mr. Burich commented that the CSM could be adjusted to include the added conditions prior to recording. Plan Commission Minutes April 19, 2011 Mr. Frueh questioned why that was necessary as all the utilities are already there and he did not feel it was fair that Public Works did not bring this to his attention until right before the meeting. The only change is that five parcels were being made into six. Mr. Thorns commented that he would be abstaining from voting on this item as he was not present for the discussion on this request. Motion by Borsuk to approve two three -lot certified survey maps at 2119 North Main Street as requested with the following conditions: 1. The sub divider shall pay the city parkland dedication for creation of two new lots as outlined in Section 3 0- 71 (J) (6) (c) of the Municipal Code. 2. Both Certified Survey Maps shall be recorded simultaneously at the Winnebago County Register of Deeds. 3. All private and public easements be shown on both certified survey maps prior to recording. 4. Prior to any building permit issuance, grading and drainage plans be submitted and approved by the Department of Public Works. Seconded by Vajgrt. Motion carried 7 -1 -1. ( Ayes - Borsuk /Bowen /Fojtik /Hinz /ProppIVajgrt/ Nollenberger. Nays McHugh. Abstained - Thoms) III. DEVELOPMENT PLAN REVIEW TO PERMIT A TEMPORARY PARKING LOT AT 3665 S. WASHBURN STREET (SUNSET PAR 3 GOLF COURSE) The petitioner is requesting Development Plan approval for continuation of a temporary parking lot located at Sunset Par 3 Golf Course at 3665 S. Washburn Street for 2011. The parking lot is proposed to be available for compensated parking by the general public for the three events scheduled in 2011 at the Ford Festival Grounds. A similar Planned Development for parking during the Country USA event was granted in April 2010, with conditions including a one year sunset clause. This application is necessary to satisfy the sunset clause as well as to expand the request to include Rock USA and Waupaca Boatride Grass Volleyball Tournament, scheduled throughout the summer of 2011. Mr. Buck presented the item and discussed the previously approved development plan which had a one year sunset clause placed on it by the Common Council last year. This request is being reviewed again at this time to address the sunset clause and to extend the use from Country USA exclusively to two other events being held at the Ford Festival Grounds in 2011. Mr. Buck reviewed the site and surrounding area as well as the zoning in said area. He also discussed the number of cars that could potentially be parked on the site, the navigable stream on the north side of the parcel, the lighting on the driving range that would be utilized, and the attendant that would be present on -site during the use. He also explained that no overnight parking or camping would be allowed and that issues with pedestrians walking to /from parking sites to the festival grounds had occurred and the Police and Fire Departments were currently working on the matter. He also reviewed the site plan and conditions recommended for this request. Mr. Hinz questioned if the traffic would be restricted to one way when the event concludes or if Washburn Street would still be a two way street. Mr. Buck responded that Washburn Street has historically been restricted to one way during Country USA; however the Police and Fire Departments were still working on a concept to increase the separation of pedestrian and vehicular traffic during these events. Plan Commission Minutes April 19, 2011 Mr. Thorns asked for clarification if the sunset clause was being addressed as only allowing the request for 2011 and with the expansion to three events from one event last year, questioned if all requirements were being met. He also felt that a condition should be added to address that no overnight parking or camping was allowed on the site. Mr. Buck replied that the development plan approval was for 2011 only and although there were a few incidents last year from all the satellite parking sites, they were not related to this site in particular and all requirements of last years CUP were met. He further stated that a condition could be added to address the overnight parking or camping issue with this request, if so desired. Mr. Borsuk inquired if a condition should be added relating to the traffic pattern as the Police and Fire Departments have some concerns about it. Mr. Burich responded that staff is still working on the concept at present and that the concerns with the Police and Fire Departments are not related to this particular use but concerns with the events as a whole. Mr. Buck added that the ingress and egress traffic was to be coordinated with the outcome of the meetings with the Police and Fire Departments concept when complete. Robert Albright, 5711 Green Valley Road, petitioner for this request, stated that it was a nice operation last year and the area was both lighted and safe. They did not park as many cars as anticipated on the site but everything went well. Mr. Thorns questioned if overnight parking or camping was permitted. Mr. Albright responded that they do not allow overnight stays and he believed that was a condition in his previously approved development plan. Gerald Jagodinski, 5590 County Road R, stated that he felt the City, County, and State had messed up the Highway 41 Corridor and also discussed that he felt railroad tracks should have been located in the highway corridor. Mr. Thorns commented that he felt that the no overnight parking issue needed to be clarified as the property owner could not control this entirely as some people may not return to pick up their vehicles when the event has ended. Mr. Burich replied that staff could address this situation in one of two ways without adding a condition to the request at this point. A correction notice could be issued to the property owner or the development plan could be brought back to the Plan Commission and Common Council for review and clarification if it is found to be in violation of what was approved. This would allow more administrative flexibility and would not put the property owner in a position to be in violation of the development plan approval due to things beyond his control. Mr. Thorns commented that although the owner may not be able to control people not returning to pick up their vehicles, he could control the issue of not allowing camping on the site. Mr. Borsuk agreed that a condition should be added that no overnight camping was allowed. Plan Commission Minutes April 19, 2011 Motion by Nollenberger to approve the development plan to permit a temporary parking lot at 3665 S. Washburn Street with the following conditions: 1. Base standard modification for the use of grass as a parking surface. 2. Attendant is on -site while any vehicles are parked there. 3. Ingress and egress traffic movements will be coordinated and consistent with traffic patterns on S. Washburn Street before, during and after events. 4. No parking permitted within 75 feet of navigable stream on the north side of the five acre parcel. 5. The approved use does not include overnight camping. Seconded by Vajgrt. Motion carried 9 -0. IV. CONDITIONAL USE PERMIT APPROVAL FOR ADAPTIVE REUSE OF AN INSTITUTIONAL BUILDING FOR HOUSING AT 434 -440 W. SOUTH PARK AVENUE The applicant /owner is requesting a conditional use permit for an adaptive reuse of an institutional building for housing. Mr. Buck presented the item and reviewed the site and surrounding area as well as the current land uses and zoning classifications in said area. He discussed the history of the site and reviewed the condominium project site plan and noted that the petitioner had submitted a new site plan to address issues that were included in the conditions recommended for this proposal. He also reviewed the elevations for the structure and explained that some of the stained glass windows would have to be replaced with egress windows but the window openings would remain the same as the original ones. He further stated that the petitioner held a neighborhood meeting which had positive feedback and the Landmarks Commission had also reviewed the proposal and was supportive of the request. Landmarks Commission members recommended that the stained glass windows be preserved and garages possibly added on site. Mr. Buck concluded with reviewing the conditions recommended for this request which all but the stained glass retention condition have been addressed with the revised site plan and stated that it was a good adaptive reuse of an existing structure. Mr. Thorns questioned if the parking lot meets ordinance requirements, are the setbacks compliant, and if the R -2 zoning classification was appropriate. Mr. Buck responded affirmatively to all three inquiries and stated that the adaptive reuse of the structure would allow the condominium development in the R -2 zoning district with the conditional use permit approval. Steve Jamroz, Blue Design Group, LLC, petitioner /architect for the request, stated that the stained glass windows could not be reused on the site due to their size but could be retained on site for possible reuse in the future. Mr. Buck stated that if the windows were retained on site it would still meet the condition recommended by the Landmarks Commission for this request. Ms. Propp questioned if the asphalt area not in use would be removed and replaced with grass. Plan Commission Minutes April 19, 2011 Mr. Jamroz responded affirmatively. Mr. Jagodinski stated that he was interested in the building at one time and wanted to place it with the historical society as he felt it should be preserved and he was told that it could not be renovated into condominiums. He further stated that he wanted to renovate it and open a museum in it for antique cars. He did not want to see the structure destroyed or the entry doors removed or altered. He did not feel this project was feasible as the asbestos removal was very expensive and there are too many homes for sale now. Mr. Thorns questioned if there would be any stormwater issues to address as impervious surface would be removed. Mr. Gohde replied that if the impervious surface is increased by 50% on a 1 -3 acre range property that would trigger stormwater management requirements to be fulfilled. In this case, the impervious surface was being removed so stormwater management issues should not need to be addressed. Motion by Vajgrt to approve a conditional use permit approval for adaptive reuse of an institutional buildingfor housing at 434 -440 W. South Park Avenue with the following conditions: 1. Five-foot high landscape screening or fencing be provided in both the east and west transitional yards in phase I of the improvement project to screen the parking area. 2. Cut back existing asphalt to 19' -2 " on the west side transitional yard setback line in phase 1. 3. Remove existing asphalt paved areas no longer needed for parking and restore to a natural state. 4. Re -use or retain the removed stained glass on the site and/or in the building. Seconded by Nollenberger. Motion carried 9 -0. V. NEW CAFE DRAFT ORDINANCE — CHAPTER 25 OF OSHKOSH MUNICIPAL CODE The City Department of Community Development requests review of added language to Chapter 25 of the City of Oshkosh Municipal Code which will allow cafe -style seating on public sidewalks on North Main Street from Ceape Avenue to Irving Avenue. The design of the newly reconstructed N. Main Street provides the opportunity to create a pedestrian - friendly environment including the addition of cafe -style seating. Mr. Nau presented the item and noted that no action was required for this proposal; it was being presented for discussion and informational purposes only. The draft ordinance was presented to the Common Council last week and he discussed the history behind the development of the proposed ordinance. He reviewed the purpose, licensing, location, restrictions, and the service of alcoholic beverages in the cafe area. He also reviewed depictions displaying the layout of the outdoor cafe area and stated that the Business Improvement District (BID) approved of the request at a previous meeting. The outdoor cafe would be permitted from April 1 st through October 31 each year and the ordinance would be presented to the Common Council for the second reading next week. Mr. Nollenberger commented that he felt the concept was good however most other cities that he has seen implement this have placed the seating near the buildings not next to the street and was wondering what the reasoning was behind this concept. He also questioned if Irving Avenue would be the end of the district where the outdoor cafe would be allowed. Plan Commission Minutes April 19, 2011 Mr. Nau responded that the cafe area would run from Ceape Avenue to Irving Avenue on Main Street and the placement of the outdoor cafe was determined by the requirement of providing five feet for the right -of -way. Mr. Gohde added that ADA accessible walk way must be provided and the requirements cannot be met when placing the cafe area near the buildings with the street trees and other streetscape elements along the curbing area. Mr. McHugh stated that the Business Improvement District ends at Parkway Avenue with the BID taking care of beautification and other elements of improvements from the bridge to Parkway Avenue. He questioned if the city was going to be maintaining the rest of the area to ensure it looks as good as the BID area. He further commented that he felt the BID area reaps more benefits from the city than other areas and questioned the validity of a citizen's claim that the proposed cafe ordinance was not legal to implement. Mr. Nau responded that the businesses participating in the outdoor cafe activities were responsible for their own cafe elements and that the BID members voluntarily pay additional taxes to fund the amenities in the downtown area that benefit their business establishments and business improvement district. Mr. Burich added that the City Attorney has been consulted on the citizen's claim that the outdoor cafe was not legal to implement, and she does not agree with his interpretation of the law. Mr. Thorns stated that he did not think it was appropriate to allow citizens to be drinking alcohol on city streets at 7 am. He also questioned what prevents a business from utilizing space in front of an adjacent business who may not be participating in the outdoor cafe. He also inquired if the cafe was just for Main Street businesses or if establishments on Market Street would be included. Mr. Burich replied that although the cafe ordinance allows businesses to open outdoors at 7 am, it does not mean citizens will be drinking alcohol at that time; however there are coffee shops that may want to serve at that time of day. He further stated that the city does not want to see businesses encroaching into other areas other than in front of their own establishments without the written consent of the neighboring property owner. The outdoor cafe would not be allowed on Market Street as the sidewalk is not wide enough to accommodate it and that we need to have a starting point for this concept and other areas could be incorporated as streets are reconstructed if there is adequate space to widen sidewalks to allow an area for the cafe. Mr. Hinz inquired what makes downtown businesses so special that they have this advantage over other businesses in other areas of the city. Mr. Fojtik commented that downtown businesses went through a long process to develop this concept. Mr. Bowen added that nothing is stopping businesses from forming a Business Improvement District in other areas of the city and Main Street has a character of its own where this concept is appropriate. This type of activity would not necessarily fit into all areas in the city. Mr. Thorns commented that restrictions and taxes are the difference for downtown businesses within the BID and other commercial areas of the community. Mr. Burich responded that the reconstruction of Main Street enabled this concept to move forward. Plan Commission Minutes April 19, 2011 Mr. Borsuk questioned if the alcohol section for the cafe has a defined area. Mr. Nau replied that it does have restrictions of requiring a barrier in place defining the area and referenced the section of the ordinance on page 3. Mr. McHugh stated that statistics show that BID contributions have declined from $50,000 to $10,000 in the past years and there is a double standard in Oshkosh where the 400 block of Main Street gets more benefits than other areas of the city. Mr. Hinz stated that if the ordinance allows outdoor cafe's to begin serving at 7 am, he felt someone should look into the matter of whether alcohol could be served at that time as he thought the license requirements did not allow the serving of alcohol until 8 am. OTHER BUSINESS Mr. Borsuk commented that the Sustainability Advisory Board has completed a tremendous amount of work and he felt the plan should be presented to the Plan Commission at some point for their comment. There being no further business, the meeting adjourned at approximately 5:25 pm. (Vajgrt/Nollenberger) Respectfully submitted, Darryn Burich Director of Planning Services Plan Commission Minutes April 19, 2011