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HomeMy WebLinkAboutMinutesPLAN COMMISSION MINUTES June 21, 2011 PRESENT: David Borsuk, Jeffrey Thorns, Thomas Fojtik, John Hinz, Steve Cummings, Kathleen Propp, Dennis McHugh, Robert Vajgrt, Karl Nollenberger EXCUSED: Ed Bowen, Donna Lohry STAFF: Darryn Burich, Director of Planning Services; David Buck, Principal Planner; Jeffrey Nau, Associate Planner; Chris Strong, Director of Transportation; 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 June 7, 2011 were approved as presented. (VajgrtBorsuk) L GRANT PRIVATE UTILITY EASEMENT AT 2175 PUNHOQUA STREET (MUNICIPAL GOLF COURSE) Wisconsin Public Service Corporation is requesting a private utility easement located at the southwest corner of Lakeshore Municipal Golf Course. Mr. Nau presented the item and reviewed the site and surrounding area as well as the easement location and explained that the easement request was for the placement of underground utilities. He further stated that the Parks Advisory Board unanimously approved of this request and a condition was recommended to be added that if the City needs any of the utilities to be relocated, it would be at the expense of the petitioner. Mr. Thorns questioned what effect it would have on the hotel adjacent to the site. Mr. Nau responded that it would not have any impact on that property. Motion by Nollenberger to approve granting a private utility easement at 2175 Punhoqua Street (Municipal Golf Course) as requested with the following condition: 1) If the City requires any utilities to be relocated, it would be at the expense of the petitioner. Seconded by Vajgrt. Motion carried 9 -0. II. REVIEW OF A CONDITIONAL USE/PLANNED DEVELOPMENT FOR A LIMITED VENUE FESTIVAL SITE LOCATED AT THE SOUTHWEST CORNER OF RIPPLE ROAD AND S. WASHBURN STREET City administration is requesting review of a Conditional Use/Planned Development granted on July 26, 2005 for a limited venue festival site (Ford Festival Park) located in the City of Oshkosh and Town of Nekimi with ingress /egress, parking and camping uses located within the City portion of the site. Plan Commission Minutes June 21, 2011 Mr. Burich presented the item and stated that the Commission could discuss the matter today or lay the item over until the next meeting as this year's event is starting today and the event organizer and Oshkosh Police representatives could not be present. The City is attempting to improve safety issues at the event which received conditional use permit approval in 2005. He reviewed the site and surrounding area and stated that the site is located in both the Town of Nekimi and the City of Oshkosh. He discussed the history of the event and the issues created from walking to the site from various satellite parking areas around the festival grounds. There was one incident from last year when two pedestrians were struck by a vehicle and he was working with the Police Department and Dan Liebhauser, the event organizer, to address safety issues. It was determined that increased law enforcement presence, reduced speed limits, and additional lighting would make the event safer for pedestrians. Road improvements were not being recommended for Washburn Street at this time as property owners would have to be assessed for these improvements. Mr. Buck discussed the press release that was included in the staff report and the newspaper article distributed at the meeting regarding the use of arm bands this year that would be required to be purchased by any festival attendees entering the grounds on foot to discourage parking in surrounding areas rather than on the festival grounds. Mr. Burich added that the approved conditional use permit expires in 2016 and the review at this time was to determine if any additional conditions needed to be added, especially to increase the safety of the event. He reviewed the conditions for this request and reiterated that the Commission could move forward with the item tonight or wait until the next Plan Commission meeting on July 5 th to see how effective the recommended implementations were and adjust the conditions if necessary. Mr. Borsuk inquired what the date was for the next scheduled event for the festival grounds. Mr. Burich responded that Rock USA was scheduled for mid -July and if Plan Commission reviewed the item at its July 5 th meeting, it would move forward to the Common Council on July 12 The Police Department would have more experience with the event after this week since the recommended conditions were being implemented for additional law enforcement and lighting. He inquired if the reduced speed limit had been implemented. Chris Strong, Director of Transportation, stated that it had not yet been done, but could still be addressed this week. Mr. Burich asked the Commission if they desired to lay the item over for two weeks and receive an update of the safety improvement plan effectiveness. Ms. Propp questioned if all the elements mentioned in the staff report were being implemented at the event this week. Mr. Burich replied that the additional lighting and enhanced law enforcement were already in place with the reduced speed limit to be implemented later this week. The electronic message boards were not yet addressed. Mr. McHugh inquired if the additional lighting was street lights or portable lighting. Mr. Burich responded that the additional lighting was for temporary use only so it was in the form of portable lighting. Plan Commission Minutes June 21, 2011 Mr. McHugh commented that portable lighting was not effective and he felt that having citizens walking in the street and ditch along Washburn Street was deplorable. He felt that the opposition to additional assessments to property owners along Washburn Street for road improvements should not be a consideration and the dangers posed for pedestrians was a liability to the City. He did not feel that safety should be aside to the desires of property owners to not be assessed for road improvements in the area. Mr. Burich replied that the Common Council removed the street improvements from the Capital Improvement Program budget last year due to property owners' objections. Mr. McHugh also commented that he did not believe that the Police Department was doing anything effective to protect the safety of pedestrians during the event. Mr. Hinz commented that the Plan Commission and Common Council approved a satellite parking site for the Par 3 Golf Course this spring which requires pedestrians to walk to the festival grounds from this site. He felt that there was no continuity in this process as it seems this approval is creating the climate for additional problems in this situation. Mr. Burich stated that the City is requesting improvements to improve safety for the event and the additional police presence should address safety concerns. Mr. McHugh commented that the posted speed limits are too excessive on Washburn Street. Mr. Hinz stated that he felt that hanging lights that flash could be utilized to improve safety concerns. Mr. Burich added that temporarily lowering the speed limits from 45 mph to 25 mph during the event should help. Mr. Strong added that the Sign Division will replace the 45 mph signs with 25 mph during the event between Highway 26 and 44 and that it would be compliant signage which is enforceable. Mr. Thorns commented that if electronic signage could be put in place, he felt it would be more effective and questioned when Washburn Street would go back into the CIP budget for improvements. Mr. Burich responded that Washburn Street improvements were removed last year and he was not aware if there were any plans to put the improvements back in the budget in the future. Mr. Strong added that the Police Department had some electronic signs that were used by schools periodically and the size should be adequate for this area. If larger electronic signs were desirable, they would have to be purchased. Mr. Buck stated that the event organizer, police and traffic department representatives discussed this matter and condition #3 requiring temporary message boards to be utilized with flashing electronic messages were meant to address the concerns. Mr. Borsuk commented that if parking off -site and walking to the festival grounds was creating issues, he suggested that buses could be utilized to transport pedestrians to the site. Mr. Burich responded that this matter was discussed and there were shuttles utilized and additional ones could be established. Plan Commission Minutes June 21, 2011 Mr. McHugh questioned the width of Washburn Street. Mr. Burich replied that he believed it was 80 feet wide. Mr. McHugh suggested that fencing be placed along the roadway to prohibit pedestrians from walking in the street. Mr. Burich responded that the issue was discussed and it would require two miles of fencing along Washburn Street and the City only has control of the area in the right -of -way and could not place fencing on private property. He further commented that chain link fencing does not have the ability to stop a moving vehicle. Mr. Strong added that chain link fencing is not considered crash worthy as it not only does not stop a moving vehicle but could become a projectile when struck making the situation more dangerous. Mr. Burich added that street lights cannot be installed on a temporary basis and they have looked at a number of options to address the lighting concerns. Mr. Hinz questioned if traffic was still one way during events at the festival grounds. Mr. Burich replied that some of the traffic patterns were changed in the area in cooperation with the State Patrol and Oshkosh Police Department. Mr. Borsuk felt that Commission members could delay commentary until it is decided if we are laying the request over until the July 5 th meeting and that we need to bring up concerns that could be addressed at that time. Mr. Thorns felt that enhancements for major events such as this one should be addressed by the City and costs be borne by the City for street improvements rather than the property owners. He believed that the City needs to encourage these types of events and the temporary measures could be utilized until permanent ones could be set in place to address issues. Mr. Burich commented that property owners with adjacent land to the festival site are in favor of the Country USA event but are concerned with the costs for the road improvements. There is no immediate crisis in the area at this time and the City is just attempting to improve the safety of the event. Road improvements should be done at some point however we do not know when it could be financed. Mr. Cummings stated that he believed that pedestrians will still walk in the roadway even if sidewalks were installed and the current events scheduled at the site may not be held here on a permanent basis. Chuck Koehler, Appleton, representing Dan Liebhauser the event organizer, stated that he was not aware of any crisis at this time and that the event had an excellent safety record. They have been cooperating with both the Police Department and Planning Division staff in both the City of Oshkosh and Town of Nekimi and would like to see what happens with the new safety measures in place. He further stated that there was cost prohibitive concerns with what might work and there was ample parking on the grounds for all event attendees. He did not believe it was wise to encourage people to park at satellite sites and felt that there was some benefit to delaying this request until the next meeting as there seemed to be a strong cooperative effort made between all parties to address the safety Plan Commission Minutes June 21, 2011 concerns. He felt that some costs should be borne by property owners offering the satellite parking locations for the event and reducing these sites would be beneficial. He believed that reducing the speed limit was the most beneficial safety improvement. Mr. Borsuk inquired if the event was covered under the special events policy enacted by the City. Mr. Koehler was not aware if the event was covered under the policy however Mr. Burich did not believe that it was. Mr. Koehler commented that there was an enormous amount of revenue to the city generated by this event and there was a community wide economic benefit from it. Motion by Vajgrt to lay over the conditional use /planned development review for a limited venue festival site located at the southwest corner of Ripple Road and S. Washburn Street as requested with the following conditions: 1) Traffic safety plan is instituted, as discussed in this report, with approval by the Oshkosh Police Department. 2) Public costs incurred instituting the traffic safety plans are reimbursed by the event organizer, as approved by the Oshkosh Police Department. 3) The approach /apron to the facility within the right -of -way is paved by 2012. Seconded by Borsuk. Ms. Propp commented that the timing of this review is horrible. Mr. Thorns stated that as there are other issues that need to be addressed, would other staff be present at the next meeting. Mr. Burich responded that representatives of the Police Department, Transportation Department and Dan Liebhauser should be present. Mr. Thorns questioned how the road improvement issues would be addressed and whether the costs would be budgeted in the CIP. Mr. Burich replied that this issue should be addressed separately as future development for the area would have to be considered. Mr. Cummings stated that the CIP costs for this project could be reviewed. Motion carried 9 -0. Commission members decided to discuss both Item IIIA and IIIB as one item as they are contingent upon each other. IIIA. ZONE CHANGE FROM R -1C SINGLE FAMILY CENTRAL RESIDENCE DISTRICT TO R -1C PD SINGLE FAMILY RESIDENCE DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY AT 1428 ALGOMA BOULVARD Plan Commission Minutes June 21, 2011 Zone change from R -1C Single Family Central Residence District to R -1C PD Single Family Central Residence District with a Planned Development Overlay. The subject parcel, being zoned residential (R -1C), significantly restricts any major structural improvements or new construction on the property. The intent of the zone change is to bring the zoning into conformance with the development on the adjacent Paine Art and Gardens property to the south and east while the PD designation will be in place to ensure that any proposed changes to the use or layout of the property be reviewed under the public hearing process. IIIB. DEVELOPMENT PLAN AMENDMENT REVIEW FOR THE USE AND DEVELOPMENT PLAN OF THE PAINE ART CENTER AND GARDENS MUSEUM, ART CENTER AND COMMUNITY CENTER AT 1410 ALGOMA AND 1428 ALGOMA BOULEVARD The petitioner requests approval of a Development Plan amendment to include the property at 1428 Algoma Boulevard into the existing Paine Planned Development; remove the existing single - family home from the site and replace it with a parking lot; remove the circular drop -off area; and replace a tented outdoor event area with a permanent multi - purpose building. Mr. Buck presented the item and reviewed the site and surrounding area and discussed the rezoning request to incorporate the parcel at 1428 Algoma Boulevard into the planned development. He discussed the history of both properties on the site and stated that the Paine had purchased the property at 1428 Algoma Boulevard in April and reviewed a map of the historic districts in the city. He discussed the CUP/PD approval granted to the Paine Art Center last year and that the development plan amendment was for the expansion of the PD to include 1428 Algoma Boulevard, the construction of a new parking lot, removal of the designated drop -off area, and the addition of a new multi - purpose conservatory building attached to the existing carriage house. He also discussed the historic relevance of the existing home at 1428 Algoma Boulevard and the Paine's desire to relocate it. The request was presented to the Landmarks Commission who recommended approval of the request with conditions which were also reviewed. Mr. Buck also discussed the effect on the historic district if the home was relocated as well as the parking needs for the Paine and he reviewed the conditions recommended for the planned development amendment. He reviewed the site plan for the parking lot and the traffic movements through said lot which would eliminate parking on the street in the area surrounding the Paine. He also discussed the base standard modifications for the additional driveway, the ingress /egress for the parking lot, and the addition of the conservatory building to replace the outdoor event area. He reviewed the elevations for the carriage house addition and discussed the architectural details of the structure. Mr. Nollenberger left the meeting at S: 00 pm. Mr. Borsuk stated that the home at 1428 Algoma Boulevard was listed on the National Register of Historic Places and questioned if the previous owner had registered it. Mr. Buck responded negatively. Mr. Cummings commented that it was a William Waters house. Mr. Hinz inquired if there were concerns with the ingress /egress of the driveway onto Algoma Boulevard, would the item have to come back to the Plan Commission to be reconsidered when the University moves forward with their reconstruction plans involving Algoma Boulevard. Plan Commission Minutes June 21, 2011 Mr. Buck replied that any adjustments to the driveway could be addressed through the administrative review process. Mr. Thorns questioned why the zoning classification was being changed to R -1 as he felt it should be changed to a proper designation since the Paine was not a residential use. Mr. Buck responded that other than the Paine and the Public Museum, the land use in the area was residential and to change the zoning designation to commercial or manufacturing would allow uses without the benefit of planned development or conditional use permit review and approval. Mr. Burich added that if the current use of the Paine site would cease to exist, any commercial use could occupy the site which may not be compatible with the residential neighborhood and the R -1 zoning classification allows for public or institutional uses. Aaron Sherer, Director of the Paine Art Center and Gardens, stated that he was present to answer any questions regarding the request. He stated that they received approval for their planned development last year and this proposal was for significant enhancements to the plan. Both parking and containing sound were issues at the last review and the proposed parking area on site would address the on- street parking and the proposed addition of the conservatory to the carriage house would contain sound for events held at the Paine. He said the expansion was a response to community demand and discussed some events held there for the public which would be better in an inside venue. He further stated that the expansion would ensure the long term sustainability of the Paine and noted that the conditions were agreeable. They were taking a positive approach to the issue and were willing to work with the City and the Landmarks Commission regarding the relocation of the existing historic home. Condition #2 gave them some concerns and there was no guarantee on the outcome but they were hoping to find a compatible location for the house. Ms. Propp inquired if the Paine owned the property located on the corner of Congress Avenue and Algoma Boulevard. Mr. Sherer responded that they did and the relocation of the home to that site was an option although it may not be an ideal location for the home. Mr. Thorns commented that if they cannot tear down the home, would they have to come back for approval from the Plan Commission and Common Council if they were not able to move the home to another location. Mr. Buck replied that they would have to come back through the process if the Landmarks Commission, the Department of Community Development and the Paine could not agree on a relocation site for the existing home. Mr. Thorns questioned if the historical designation for the district could be revoked if the home was removed from the neighborhood. Mr. Buck responded that condition #2 addressed this issue and the loss of the historic designation in the district would affect tax credits available to property owners in the area for renovations. The City would work with the State and the Paine to reestablish the district if the current designation was lost. Mr. Hinz inquired if the home was moved to the adjacent site previously discussed, would it be used as part of the Paine. Plan Commission Minutes June 21, 2011 Ms. Sherer replied that from their past experience, it is too expensive to renovate a residential home for commercial use however it has not been ruled out yet. Mr. Borsuk commented that if the home was not on the historic register, it could be taken down without any approval and he felt the Commission needed to look at what is practical. He felt that condition #2 was difficult for the owner to address. Mr. Sherer stated that this condition was somewhat intimidating and provided a loss of flexibility for the Paine but they were willing to work with it. Steve Nimmer, President of Martin Luther Evangelical Church, 1526 Algoma Boulevard, stated that the church is adjacent to the proposed parking lot area and the plans show a fence around it. He commented that the two entities were sensitive to each other's schedules and he voiced his concerns with headlights from the parking lot shining in the church's windows during services. He indicated if the fence was solid, it would negate any concerns regarding the matter. Mr. Buck stated that he believed the fence was proposed to be constructed of wrought iron to match the existing fencing and the Commission may want to add a condition to require screening on the perimeter of the parking lot area. Mr. Sherer commented that there was no specific design for the fence but wrought iron was most likely as it would conform to the existing fencing. He further commented that dense landscape screening was planned for the parking lot area. Mr. Buck added that five foot screening for parking lot perimeters was required for areas adjacent to residential uses however no screening is required for the adjacent church use. Mr. Vajgrt questioned how long the Paine is open in the evenings. Mr. Sherer responded that the hours vary but they are usually quiet by 10 pm when events are held there. Typically, closing hours at the Paine are at 4 pm. Mr. Borsuk stated that he would like to re -work condition #2 as he felt it unduly restricts the Paine from the use of their property. He suggested the condition be modified from the home being relocated to a compatible location as "approved" by the Department of Community Development to "in consultation with" the Department. Mr. Thorns disagreed and commented that he felt it was a unique structure and should not be torn down. Mr. Cummings agreed as the home was significant architecturally. Mr. Fojtik commented that he felt that Mr. Borsuk was intending the condition to be amended to working with the City on the decision and not the City making demands. Mr. Buck stated that condition #3 was relating to working with various entities in the decision and if condition #2 was determined to be too oppressive, the Paine could come back for approval to amend the recommended conditions. Plan Commission Minutes June 21, 2011 Ms. Propp commented that she felt the corner of Congress and Algoma was an obvious appropriate location for the home and always an option and that she was satisfied with the proposed conditions as presented. Mr. Borsuk stated that he was not suggesting that the Paine would tear down the home however he did not feel it was that significant and if it was not being presented as a package deal, the Paine could tear it down without approval. He felt more comfortable with the discretion of the Paine than with City staff Mr. Burich commented that the expansion of the site to include off - street parking was the reason to acquire the property however the City is under no obligation to approve the removal of the historic home. Motion by Borsuk to amend condition #2 to read the Schriber House is relocated to a compatible location "working with" the Department of Community Development. The motion was not seconded. Motion by Thoms to approve a zone change from R -I C Single Family Central Residence District to R -I C PD Single Family Central Residence District with a Planned Development Overlay at 1428 Algoma Boulevard and to approve the development plan amendment for the use and development plan of the Paine Art Center and Gardens Museum, Art Center and Community Center at 1410 Algoma Boulevard and 1428 Algoma Boulevard as requested with the following conditions: 1) Planned Development Overlay District is applied to 1428 Algoma Boulevard and the lots are combined. 2) Schriber House is relocated to a compatible location as approved by the Department of Community Development. 3) The petitioner work with the Oshkosh Landmarks Commission, State Historic Preservation Office and the National Park Service to mitigate negative impacts of the proposed development on the Algoma Boulevard Historic District. 4) Base standard modification to allow 4 drives to the property. 5) Base standard modification to allow 45 feet lateral clearance on the new parking lot. 6) Require "right -in /right -out" and "watch for pedestrians" signage at the entrance of the new parking lot. 7) Any further expansions to the Paine Art Center and Gardens facilities be developed as an overall master /comprehensive plan. Seconded by Vajgrt. Motion carried 8 -0. There being no further business, the meeting adjourned at approximately 5:34 pm. (Thoms /Vajgrt) Respectfully submitted, Darryn Burich Director of Planning Services Plan Commission Minutes June 21, 2011