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HomeMy WebLinkAboutMinutesPLAN COMMISSION MINUTES July 19, 2011 PRESENT: David Borsuk, Thomas Fojtik, John Hinz, Steve Cummings, Kathleen Propp, Donna Lohry, Robert Vajgrt, Karl Nollenberger EXCUSED: Ed Bowen, Jeffrey Thorns, Dennis McHugh STAFF: Darryn Burich, Director of Planning Services; David Buck, Principal Planner; Jeffrey Nau, Associate Planner; Robin Leslie, 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 July 5, 2011 were approved as presented. (Vajgrt /Cummings) L EXTRATERRITORIAL THREE -LOT LAND DIVISION /CERTIFIED SURVEY MAP AT 454 & 480 OLD KNAPP STREET ROAD IN THE TOWN OF NEKIMI The owner /petitioner is requesting a three -lot land division/certified survey map from two existing parcels containing a total of 3 7.3 1 acres. Sizes of the proposed lots are as follows: Lot 1 = 1.03 Acres Lot 2 = 1.03 Acres Lot 3 = 35.25 Acres Mr. Nau presented the item and explained that the Town of Nekimi denied this request at their meeting last night due to conflicts with their Comprehensive Plan requirements. Due to this action, the owner /petitioner revised the land division request from a three -lot land division to two lots. He reviewed the revised certified survey map as well as the site and surrounding area. He indicated that the Town denied the request as it did not meet their requirements as it was creating lots of less than five acres in size. Ms. Lohry questioned since the Town denied the request and a revised certified survey map was submitted, has the City received additional input on the revised version and was it acceptable to the Town. Mr. Nau responded affirmatively. Motion by Vajgrt to approve the revised land division /certified survey map at 454 Old Knapp Street Road in the Town of Nekimi as requested. Seconded by Borsuk. Motion carried 8 -0. II. CHRISTL ANNEXATION The petitioner is proposing direct annexation (by unanimous approval) of approximately 2.5 acres of land located at 3026 Jackson Street consisting of two parcels currently located in the Town of Oshkosh. Plan Commission Minutes July 19, 2011 Mr. Nau presented the item and reviewed the site and surrounding area as well as the current land use and zoning classifications in said area. He discussed the existing land use of the site which contains a funeral home and single - family dwelling which the petitioner desires to convert the residential structure to a crematory facility. The property is zoned appropriately for the proposed use and a conditional use permit would not be necessary as the use already exists on the site. The Department of Public Works and the Oshkosh Fire and Police Departments have all reviewed the request and do not have any issues with providing service to this property. Ms. Propp inquired if the property is currently zoned for business use by the County and if it would be adjacent to industrial zoning uses once annexed into the City. Mr. Nau replied that the current County zoning is designated as Highway Business Corridor and the City's Comprehensive Plan recommends commercial use for this area. Motion by Borsuk to approve the Christl annexation at 3026 Jackson Street as requested. Seconded by Vajgrt. Motion carried 8 -0. III. A. ZONE CHANGE TO ADD A PLANNED DEVELOPMENT OVERLAY TO PROPERTIES LOCATED ON CEAPE AVENUE AND OTTER AVENUE FROM NORTH MAIN STREET TO BROAD STREET B. APPROVE PLANNED DEVELOPMENT FOR OVERLAY DISTRICT This request is for a zone change to add a Planned Development Overlay to areas zoned C -3 and C -3130 and to approve a Planned Development for the overlay district to specify new uses permissible in the district. Mr. Burich presented the item and reviewed the site and surrounding area as well as the current zoning classifications in said area. He explained that based on the Comprehensive Plan, the Downtown Action Plan, and the Vision Report, the City wished to promote a certain type of activity on the riverfront. The zone change to add the Planned Development would allow for approval to limit the re- use of the privately owned properties to be in the City's best interests and offers flexibility with base zoning requirements. He added that all the properties within this area are currently owned by the City other than the parcel that contains the City Center Hotel and he reviewed the Planned Development conditions recommended for this request. Mr. Borsuk questioned why the entire block on Ceape and Otter Avenues was not included. Mr. Burich responded that the main area to be addressed was along the riverfront and the two larger parcels on the block that were not included were occupied by the Post Office and the City's Fire Department both which are unlikely to change uses in the near future. Motion by Vajgrt to approve the zone change to add a planned development overlay to properties located on Ceape Avenue and Otter Avenue from North Main Street to Broad Street and to approve the planned development for the overlay district as requested with the following conditions: a. All existing uses are permitted to remain as conforming uses and may transfer to another similar type use with a similar density and intensity of development. b. All new development or change of land uses shall be reviewed as a Planned Development and must fall under the broad land use classification of entertainment, Plan Commission Minutes July 19, 2011 hotel, and retail district and include, but not limited to, the following uses: i. Restaurant ii. Delicatessen in. Tavern iv. Hotel v. Marina vi. Convention or exhibition halls vii. Market viii. Similar use to those listed above. Seconded by Cummings. Motion carried 8 -0. IV. REVIEW OF 2010 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER), COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Staff submits the 2010 Consolidated Annual Performance and Evaluation Report (CAPER), for the Community Development Block Grant Program for review. The purpose of this review is for informational purposes only. Ms. Leslie presented the Consolidated Annual Performance and Evaluation Report for the period of May 1, 2010 through April 30, 2011 summarizing accomplishments and detailing how funds received from HUD were expended. Funding is received annually from HUD based on census data and is required to be utilized on programs benefiting low to moderate income objectives such as housing, economic development, public services /facilities, acquisition and demolition, and planning /administration. Available funding for 2010 was $1,779,999 with expenditures totaling $807,404 with a percentage of 88% of current funding expensed to benefit low and moderate income. Ms. Leslie displayed photos of some of the projects these funds were utilized to support such as housing rehabilitation projects, demolition of blighted properties, homebuyer assistance program, and lead abatement grants. She also summarized the amounts granted to local public service sub recipients and total planning and administration expenditures. Ms. Leslie stated that the full CAPER report has been prepared and will be submitted to HUD, who will perform a comprehensive review of the program activity. A copy of this report is available in the Planning office, library or online for anyone who wishes to review it. V. PROPOSED TEXT AMENDMENT TO ZONING ORDINANCE CHAPTER 30, SECTION 30 -37 SIGN REGULATIONS AND SECTION 30 -1 DEFINITIONS The City Department of Community Development requests review and approval of the addition of a subsection to Sign Regulations pertaining to murals. Additionally, the Department requests amendment to the Definitions Section to add a definition defining a mural. Mr. Burich presented the item and stated that this has been under consideration since 2005 and the text amendment to sections of the code in the zoning ordinance would allow murals in a limited area of the city. He discussed the definitions of murals and displayed photos of murals from various other cities as well as examples of what is not considered a mural. He reviewed the mural definition and the two approval procedures being proposed. He explained that the administrative procedure would allow for applications to be handled the same as other permits issued by Planning Services staff and would establish the notification and waiting period to allow for comments. Appeals to the denial of a mural application would go to the Public Arts Advisory Committee for review. The committee procedure Plan Commission Minutes July 19, 2011 would involve treating the request similar to Plan Commission items where it would go to the Public Arts Advisory Committee for review and approval with appeals for a denial going to the Common Council for review. He also reviewed the basic ordinance provisions which would allow murals in only the M -2 and C -3 districts of the city. He also reviewed the design standards and other code considerations as well as a rendering of the Oshkosh community mural proposal which would be placed on the structure at 103 High Avenue. He recommended approval of the administrative review option as he did not feel there would be a high demand for mural applications. Mr. Fojtik inquired if the administrative review option was approved initially, what procedure would be required to change to the committee review option if it was deemed necessary. Mr. Burich responded that it would only involve an amendment to the ordinance once one is in place. Mr. Borsuk questioned if it would be more appropriate to limit the murals to the Central City area only. Mr. Burich replied that the zoning districts need to define the areas where the murals would be allowed and it could be limited to the downtown overlay district only however he did not feel that it would be detrimental in the M -2 district. Mr. Borsuk inquired if there would be a requirement to finish the remaining wall with improvements to the surface once the mural is installed. Mr. Burich responded negatively. Ms. Lohry commented that she felt it would be unacceptable to add the mural without surface improvements to the remaining wall. Mr. Burich replied that once the mural is installed, it becomes the focal point of the wall and the City does not have regulatory requirements for wall improvements of old structures. Mr. Cummings added that he has seen murals in Algoma on structures and you do not want to damage old brick walls by attempting to improve their appearance as this is part of the historic integrity of the structure. He further commented that he has seen murals done in other cities as well and they add a dynamic punch to old buildings. Mr. Burich added that the mural was meant to be an enhancement to the wall. Ms. Propp questioned if the Public Arts Advisory Committee would be established regardless of which approval process is selected. Mr. Burich responded affirmatively and stated that various members from different boards and commissions would be involved. Ms. Lohry inquired if the mural proposal rendering distributed was drawn to scale. Mr. Burich responded affirmatively. Leif Larson stated that he was the creator of the proposed community mural and that the rendering distributed was two months old and has had additional features incorporated since that time. He explained that it was designed to honor historic Oshkosh and was very dynamic. Plan Commission Minutes July 19, 2011 Rich Norenberg stated that he worked with Mr. Larson for the past year on the mural and they brought as many people into the process as possible including a ballot for community responses. He felt they designed something that would withstand the elements and a lot of thought went into this project. Mr. Burich questioned if he was able to review the proposed ordinance. Mr. Norenberg replied that he had and believed that the strength of the ordinance allows for oversight and the design will support development and aesthetics of the city with maintenance requirements included. He felt the murals would benefit the city as it was a vehicle to beautify Oshkosh. Mr. Burich inquired if he supported the administrative review option or the committee review option. Mr. Norenberg responded that he did not make a decision on the approval process as he wanted to hear opinions from the Commission members. He felt that the committee option would involve more people and would provide some type of feedback. Mr. Fojtik commended Mr. Norenberg and Mr. Larson on their efforts and commented that the project has generated a lot of worthwhile discussion. Mr. Borsuk stated that his basic concerns with this request have been addressed and he felt the limited area to start with was appropriate. He did not feel that a sunset clause was necessary for it however he suggested a formal review period to evaluate the effectiveness of what was approved would be recommended and suggested a three year term. Mr. Burich commented that the notification and waiting period would give nearby property owners the chance to evaluate the proposal and appeal the decision of the City to issue the mural permit. The established appeals process would be heard before the Plan Commission or Public Arts Advisory Committee and the Common Council. Mr. Cummings also commended the parties who worked on this project and questioned which proposal would get the process moving along more rapidly. Mr. Burich responded that the administrative review process would have a shorter turn around time. Motion by Propp to approve the proposed text amendment to Zoning Ordinance Chapter 30, Section 3 0-3 7 Sign Regulations and Section 30 -1 Definitions under the administrative approval process as requested. Seconded by Lohry. Motion carried 8 -0. OTHER BUSINESS Economic Development Mr. Borsuk stated that he felt that economic development was an integral part of the Comprehensive Plan and we need to place greater emphasis on it to ensure that Oshkosh remains a viable and sustainable community. He further commented that the Sustainability Advisory Board has not addressed any issues in regard to the job market and retention of well paying positions that can sustain families in the community. Plan Commission Minutes July 19, 2011 Stormwater Ordinance & Highway 41 Development Mr. Borsuk commented that the stormwater ordinance was not meeting our development needs and he felt a workshop should be held to address these issues on redevelopment sites. He discussed several sites along the Highway 41 corridor that are vacant and potentially could be redeveloped by big box retailers and felt the Commission should discuss how these sites should be handled. There being no further business, the meeting adjourned at approximately 4:56 pm. (Vajgrt /Cummings) Respectfully submitted, Darryn Burich Director of Planning Services Plan Commission Minutes July 19, 2011