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HomeMy WebLinkAboutMinutesPLAN COMMISSION MINUTES October 4, 2011 PRESENT: David Borsuk, Jeffrey Thorns, Thomas Fojtik, John Hinz, Kathleen Propp, Dennis McHugh, Karl Nollenberger EXCUSED: Ed Bowen, Steve Cummings, Donna Lohry, Robert Vajgrt 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 September 20, 2011 were approved as presented with a spelling error noted. (Propp/Hinz) L TWO -LOT LAND DIVISION /CERTIFIED SURVEY MAP AT 100 WYLDEWOOD DRIVE The owner /petitioner is requesting certified survey map approval for creation of two lots from a 7.6799 acre parent parcel for refinancing purposes. II. THREE -LOT LAND DIVISION /CERTIFIED SURVEY MAP AT 111 WYLDEWOOD DRIVE The owner /petitioner is requesting certified survey map approval for creation of three lots from a 9.4893 acre parent parcel for refinancing purposes. Mr. Nau stated that the two items would be presented together as they are adjacent parcels related to each other. He reviewed the site and surrounding area as well as the zoning classifications and land use in said area. Staff had no concerns with the proposed land division and it was consistent with the Comprehensive Plan. There was no discussion on these items. Motion by Nollenberger to approve the land division /certified survey map at 100 Wyldewood Drive as requested with the following conditions: 1. Storm sewer, easement and maintenance agreement be depicted on the final CSM and recorded at the Winnebago County Register of Deeds. And to approve the land division /certified survey map at 111 Wyldewood Drive as requested with the following conditions: 1. Sanitary sewer, storm sewer, water main and off - street parking easements and maintenance agreement be depicted on the final CSM and recorded at the Winnebago County Register of Deeds. Plan Commission Minutes October 4, 2011 Seconded by Borsuk. Motion carried 7 -0. III. DEVELOPMENT PLAN AMENDMENT TO ALLOW A LAND DIVISION, AN ADDITION TO THE RETAIL CENTER AND THE REDEVELOPMENT OF THE EXISTING SHOPPING CENTER FACADE AT 1508 -1550 SOUTH KOELLER STREET (MARKET FAIR) The applicant is requesting an amendment to a previously issued Planned Development to allow the lot to be divided into three lots, for an addition to the shopping center and to renovate the existing shopping center facade. Mr. Buck presented the item and reviewed the site and surrounding area as well as the zoning classifications and land use in said area. He discussed the previous approvals granted for this site for the Best Buy and Party City developments and the official mapping for the stormwater facilities. He further stated that this proposal would close off the gap in the strip center and renovate the structure's facade. He reviewed the elevations and proposed land division and commented that signage for the site had not been submitted at this time but would comply with code standards. Requested base standard modifications for setbacks between lots were reviewed as well as the conditions recommended for this request. Mr. Thorns requested clarification on the officially mapped area for the stormwater facilities and questioned if the land division would create any issues with these plans. Steve Gohde, Assistant Director of Public Works, responded that the area for the stormwater detention facilities has changed somewhat since it was officially mapped as the City was looking to acquire the whole area to the rear of this development rather than just a portion of it however negotiations were ongoing at this time. Mr. Borsuk questioned what the rear yard setback was for this development and if it would be the same for the stormwater facilities area. Mr. Buck responded that there was a five foot required setback from the lot line for the commercial development however it was different for the stormwater detention area as this land use was for open space which does not have the same requirements for screening as parking lots. Mr. Gohde noted that the east end of Menard Drive was missing a cul -de -sac or turn around area at the end of the drive and would be required to be included. Mr. Thorns inquired who would be responsible for this. Mr. Buck replied that the dedication would have to be added to the certified survey map when submitted for approval. Mr. Thorns felt it would be beneficial to add a third condition to this request for clarification of this matter. Motion by Thoms to add condition #3 for a provision of a cul -de -sac or suitable turn around at the end of Menard Drive as approved by the Department of Public Works. Seconded by Borsuk. Motion carried 7 -0. Plan Commission Minutes October 4, 2011 Mr. Borsuk inquired who would be required to pay for this feature. Mr. Buck responded that on the certified survey map it would be a dedication only and the costs would be shared by the property owner and the city. Motion by Nollenberger to approve the planned development amendment to allow a land division, an addition to the retail center and the redevelopment of the existing shopping center fa(ade at 1508 -1550 South Koeller Street as requested with the following conditions: 1. Land division instrument be submitted for administrative review and approval including cross access, utility and parking agreements /easements. 2. Base standard modification for 0 foot setback in the parking lot and at the building wall of the proposed new lot line of the shopping center. 3. Provision of cul -de -sac or suitable turn around at the end of Menard Drive as approved by the Department of Public Works. Seconded by Borsuk. Motion carried 7 -0. IV. CONDITIONAL USE PERMIT TO ALLOW THE INSTALLATION OF ADDITIONAL TELECOMMUNICATION /CELLULAR ANTENNAE ON THE ROOFTOP OF MAINVIEW APARTMENTS AT 522 -530 NORTH MAIN STREET US Cellular is requesting Conditional Use Permit approval to allow placement of three (3) new telecommunication /cellular antennae on the rooftop of the building known as Mainview Apartments (formerly the Raulf Hotel) at 530 North Main Street, to increase signal speed and capacity of cellular communication devices. Mr. Buck presented the item and reviewed the site and surrounding area as well as the land use and zoning classifications in said area. He discussed the history of the site and commented that the building was located in the North Main Street Historic District. He reviewed photos of the site and discussed the numerous installations of antennae on the roof of the structure and reviewed the site plans for US Cellular to add three additional antennae to the six they own already existing on the site. He discussed the condition requiring the additional antennae be blended into the structure and the previous requests in the last several years for additional installations. He stated that the request had been reviewed by the Landmarks Commission who objected to this it as they felt the past installations had been done inappropriately. Planning staff felt the installation could be allowed if mitigated by "stealthing" the antennae which the property owner has agreed to over time. He also reviewed the conditions recommended for this request. Mr. Fojtik inquired if there were examples of stealthing the equipment in the community. Mr. Buck and Mr. Burich described a number of ways that could be utilized to hide the appearance of the antennae or blend it into the structure to make it more aesthetically pleasing. Mr. McHugh commented that since the conditions were requiring an inventory of all the facilities on the structure be submitted, he felt that there were reasons the city did not want to do this. Mr. Buck responded that the city does not know what is currently on the structure and the inventory was necessary to ensure compliance with the conditions. Plan Commission Minutes October 4, 2011 Mr. McHugh inquired what the reason was for the urgency to have to this request approved. Mr. Buck replied that the reasoning was financial issues for the Housing Authority. Mr. McHugh commented that he did not want to deface property of a historical nature and questioned what the benefit to the city would be from the approval of this request. Mr. Buck responded that the increased capacity of the antennae would benefit the residents who are users of the system in the community. Ms. Propp questioned what the height of the proposed new antennae would be. Mr. Buck replied that the proposed three additional antennae would be dropping down below the roof line and would possibly be eight feet in length but would not be extending entirely above the roof line. Mr. Thorns questioned what the reasoning was for condition #2 relating to the inventory of all facilities on the roof. Mr. Buck responded that the city needs to verify what is currently located on the roof as this request is to approve only three additional facilities and it is necessary to know what exists on the structure to confirm that only three antennae are being added to the site. Mr. Thorns requested that condition #3 be clarified as it relates to no alterations or additions be allowed yet the request is to add three additional antennae. Mr. Buck indicated that the condition was to address any further alterations or additions and that the request was recommended to approve the three additional antennae at this time. Mr. Nollenberger questioned what the ramifications would be if the Commission turned down the conditional use permit until the inventory of the facilities was provided. Mr. Burich replied that there was no down side to the city but it may have a negative impact on the Housing Authority and their carriers. Brad Masterson, Executive Director of the Housing Authority, stated that the structure was listed on the National Register of Historical Places and he was currently working with the state and federal offices on approval of the renovation of the building. He further commented that he had been working with the cellular carriers for several years on relocating and stealthing the equipment and Verizon was leading the project but has since backed out. US Cellular has taken over the lead however their incentive to move forward with these plans was the addition of three antennae at this location. A representative from the historical office will be here on a regular basis and he would like to provide a green space on the roof for the tenants. He was utilizing US Cellular's need for additional antennae to get the project completed and the Housing Authority makes money from the installations on the rooftop. The urgency on the Housing Authority's part to receive approval for this request was due to the fact that they need the funding from the antennae to pay bills and this has been in the planning stage for a number of years. He discussed the inventory of the existing antennae and he believed that most of the hardware on the rooftop was currently being utilized however some may be obsolete. He also discussed various stealthing methods to obscure the view of the hardware. Plan Commission Minutes October 4, 2011 Mr. Thorns questioned how many companies have contracts with the Housing Authority. Mr. Masterson responded that three major companies have contracts and there are also satellite dishes and pager installations on the roof. Mr. Thorns then questioned if some of the equipment could be removed if no contract was currently enforced. Mr. Masterson was not sure if that was allowed by State law depending on the wording in the individual contracts. Mr. Borsuk asked for clarification if the three new antennae would be included in the stealth plans when installed. Mr. Masterson responded that they will go as far as they can with the process at the time of installation. Mr. Borsuk commented that he was confused with the oversight of the existing contracts as the Housing Authority does not seem to know what is currently located on their roof. Mr. Masterson replied that there may be a number of installations up there that are not active however he is not certain. Mr. Borsuk inquired what the down side would be to holding off on this request until further information could be obtained. Mr. Masterson responded that US Cellular may look elsewhere for the relocation of their antennae on another building. Mr. Borsuk questioned if the relocation on another building would have to receive approval from the Plan Commission and Common Council. Mr. Burich replied that it depended on the zoning of the property that is chosen. If the property would be in an industrial district, it would not require Plan Commission or Common Council approval. Ms. Propp commented that it was mentioned that the building was going to have the roof renovated and she questioned if all the hardware would have to be removed for that process. Mr. Masterson discussed the matter of which ones would require to be removed however it would not be all of the installations. Ms. Propp inquired if the existing antennae could be replaced with smaller less obtrusive ones. Mr. Masterson discussed the technology and that some of the units have gotten smaller however some are still eight feet in height. He also discussed the use of signage to help hide the presence of the antennae. Mr. Buck stated that the stealth package when complete will come back before the Plan Commission and Common Council for approval. Plan Commission Minutes October 4, 2011 Mr. Borsuk questioned how long it would take to develop this plan. Mr. Masterson responded that it would most likely take until shortly after the new year to complete or at least three months. Mr. Buck added that the conditions on this request require an update be provided within a 12 month time frame. Mr. Fojtik inquired if the owner found the conditions satisfactory. Mr. Masterson replied that the carriers may not be able to meet deadlines if the time lines were too short. Mr. McHugh asked for clarification of the equipment currently existing on the roof. Mr. Masterson discussed the various antennae, pagers, and other equipment currently located there. Mr. McHugh commented that this should not be allowed to continue without any benefit to the city and he did not see any way the antennae could be adequately hidden on the building. He felt it was inappropriate as the city has just spent millions of dollars on the beautification of Main Street. Mr. Thorns questioned how long the antennae have existed on the top of the building. Mr. Masterson responded that some have been up there since the late 1970's or early 1980's and the income derived from these installations is used by the Housing Authority to benefit their tenants. Mr. Nollenberger stated that he cannot support this request without the submission of a stealth plan for review. He felt the request should be tabled until this plan is submitted. Mr. McHugh inquired if the remodeling plan for the building's renovation would be coming before the Plan Commission for approval. Mr. Buck replied that those plans would go to the Landmarks Commission for review and that this request is only for the antennae installation. Mr. Thorns questioned if we don't approved this request, how we get a stealth plan submitted for the existing installations. Mr. Nollenberger stated that he felt the item should be tabled until a stealth plan is submitted for review. Mr. Borsuk commented that tabling the request usually does not involve a period of more than four weeks and that he was less concerned with historical issues than his lack of confidence in the Housing Authority's ability to manage the matter. Mr. Nollenberger reiterated that he still prefers to table the request until the stealth plan and the inventory is submitted. Mr. Thorns discussed the bad planning in the past involving the installation of the existing antennae and the affects on the historical area. Plan Commission Minutes October 4, 2011 Mr. Burich commented that the request could go forward to the Common Council with the Plan Commission's recommendation to approve or deny it as it is and let the Council make the decision, or it could go to the Council with a recommendation to approve with the condition that an inventory and stealth plan be submitted prior to it the installation of the three additional antennae. Mr. Nollenberger stated that he would prefer to see the stealth plan prior to the Plan Commission making a recommendation on the matter. Mr. Hinz commented that the owner seems committed to the renovations with the oversight of the Historical Preservation Society and the request is clear that any future alterations or additions will not be allowed until a plan is submitted to stealth all facilities. Mr. Borsuk stated that it was the Plan Commission's responsibility to act on what is considered good planning and he would prefer to lay the request over for two to four weeks until further information can be obtained. Mr. Burich indicated that Mr. Masterson is willing to lay the request over for four weeks and come back to the Plan Commission at their first meeting in November. Mr. McHugh commented that he felt there was no urgency to approve this request and more information was necessary. Motion by Nollenberger to lay over the conditional use permit to allow the installation of additional telecommunication /cellular antennae on the rooftop ofMainview Apartments at 522- 530 North Main Street until the first meeting in November with the request including an inventory of the existing installations and a plan to stealth all facilities. Seconded by Hinz. Motion carried 7 -0. PLANNING DIRECTOR'S REPORT Mr. Burich stated that he has added this report to the agenda to discuss requests that went to the Common Council and the results. He reported that the CVS development was brought back to the Council for reconsideration and has been referred back to staff to work with the neighboring property owners to find a resolution to their concerns with the development. The mural ordinance was passed and a Public Arts Advisory Committee will be created and a member of the Plan Commission was necessary to serve on said committee. Staff will be sending out a letter to Commission members to see who would be interested in serving. The Oshkosh Community mural permit has been issued. He also stated that a legislative update may be added to the agenda in the future as well to discuss potentially damaging bills from a planning standpoint that are being considered by state government. He would like to make the Commission and public aware of these issues and their potential impact on our community. Plan Commission Minutes October 4, 2011 Mr. Thorns stated that the Bicycle/Pedestrian Plan passed and questioned if this should be considered in the Capital Improvement Plan, (CIP). He also questioned when the Sustainability Plan would be brought before the Plan Commission. Mr. Burich responded that the Bicycle/Pedestrian Plan recommendations should be included or at least evaluated as part of the CIP. The Sustainability Plan is still going out to various entities for public comment and will be coming before the Plan Commission for comments and a recommendation when this process is complete. There being no further business, the meeting adjourned at approximately 5:10 pm. (NollenbergerBorsuk) Respectfully submitted, Darryn Burich Director of Planning Services Plan Commission Minutes October 4, 2011