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HomeMy WebLinkAboutMinutes PLAN COMMISSION MINUTES June 19, 2012 PRESENT: David Borsuk, Jeffrey Thoms, Thomas Fojtik, John Hinz, Steve Cummings, Kathleen Propp, Robert Vajgrt, Karl Nollenberger EXCUSED: Ed Bowen, Dennis McHugh, Donna Lohry STAFF: Darryn Burich, Director of Planning Services; David Buck, Principal Planner; Jeffrey Nau, Associate Planner; Allen Davis, Director of Community Development; 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 May 15, 2012 were approved as presented. (Vajgrt/Borsuk) I. GRANT PRIVILEGE IN THE STREET AT THE SOUTHEAST CORNER OF N. MAIN STREET AND OTTER AVENUE (100 BLOCK N. MAIN STREET) Daymark 100 N. Main LLC and Oshkosh 620 LLC requests a privilege in the street permit for an existing flagpole structure located within the public right-of-way at the southeast corner of N. Main Street and Otter Avenue (100 N. Main Street). Mr. Nau presented the item and reviewed the site and surrounding area as well as the zoning classifications in said area. He reviewed the history of the site and stated that the flagpole has been in place for ten years and was placed in the right-of-way in error. It was brought to the City’s attention when North Main Street was reconstructed recently. He also reviewed the conditions recommended for this request. Dawn Benish, Business Manager for the 100 Block Apartments, stated that she wished to clarify condition #4 requiring they submit a separate insurance policy with the City named as an additional insured as they already have sufficient insurance coverage and would like to include the flagpole in their existing policy. Mr. Burich responded that he would have to consult with the City Attorney’s office on the matter to see if it will be an issue. Ms. Benish commented that the City would need to provide a legal description of the flagpole area for their insurance company. Mr. Nau replied that he could provide her with that information. Mr. Nollenberger inquired if the condition would need to be changed at this time to address that a separate policy would not be acquired. Mr. Burich recommended that the standard condition should remain for this request until he consulted with the City Attorney’s office. __________________________________ Plan Commission Minutes 1 June 19, 2012 Mr. Borsuk commented that the Common Council could adjust the condition if necessary. Steve Gohde, Assistant Director of Public Works, stated that it could be more difficult to change the condition at the Common Council level if the Plan Commission already adjusted the language when they made their recommendation on the request. Motion by Vajgrt to grant the privilege in street at the southeast corner of N. Main Street and Otter Avenue as requested with the following conditions including revising condition #4 to state that the petitioner/owner submits an insurance policy acceptable to the City rather than a separate policy: 1.If no longer needed, the flagpole be properly abandoned and removed in accordance with City standards and under the direction of the Department of Public Works. 2.Any problem that may arise as a result of placement of the flagpole be the responsibility of the petitioner/owner to correct in coordination with the Department of Public Works. 3.The flagpole be modified or removed immediately upon request of the City. 4.The petitioner/owner secures and submits to the City Clerk an insurance policy acceptable to the City which names the City as an additional insured with a minimum coverage of $200,000 per person and $500,000 in general aggregate. 5.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 the right-of-way permit within ten (10) days of notice. 6.The petitioner/owner execute a hold harmless agreement with the City. 7.The facility be part of and documented with Digger’s Hotline system. Seconded by Nollenberger. Motion carried 8-0. II. TWO-LOT LAND DIVISION/CERTIFIED SURVEY MAP AT 1900-1940 S. WASHBURN STREET The owner/petitioner is requesting a two-lot land division/certified survey map from one existing parcel containing a total of 4.154 acres. Sizes of the proposed lots are as follows: Lot 1 = 1.323 Acres Lot 2 = 2.831 Acres Mr. Nau presented the item and reviewed the site and surrounding area and stated that the owner/petitioner was requesting the land division to allow the lots to be separated to divide the commercial strip center from the mini-warehouse use to enable the sale of the warehouse property to a potential buyer as it would make the property more marketable. He reviewed the zoning on the subject site and the condition which requires a cross-access easement along the entire length of the proposed common lot line between the two lots. There was no discussion on this item. Motion by Vajgrt to approve the two-lot land division/certified survey map with the following conditions: __________________________________ Plan Commission Minutes 2 June 19, 2012 1)Cross-access easement dedicated along the enter length of the proposed common lot line between Lots 1 and 2. Seconded by Hinz. Motion carried 8-0. III. ACCEPT EASEMENT FOR RIVERWALK DEVELOPMENT ALONG CITY CENTER PROPERTY (1 N. MAIN STREET) This request is to accept an easement for riverwalk development along the City Center Hotel property. Mr. Burich presented the item and explained the reasoning for the easement request which involves attaching new tie-rods into the bedrock beneath the hotel and placing large rocks along the bottom of the seawall within the river as the current tie-rods are deteriorating. He further explained that this issue was discovered now as the riverwalk is currently under construction in this area. Mr. Thoms questioned if the Wisconsin Department of Natural Resources (WisDNR) had any issues with this. Allen Davis, Director of Community Development, responded that WisDNR had permitted the proposed rip rap earlier last week and permission has been obtained from the property owner as well. Mr. Thoms also questioned if these additional costs would be at the City’s expense and if there were any concerns with the foundation of the hotel. Mr. Davis responded that the additional costs would be at the City’s expense and it will be disconnected from the hotel’s foundation. Mr. Thoms also inquired if the City had insurance to cover this. Mr. Davis responded affirmatively. Motion by Vajgrt to accept an easement for Riverwalk development along City Center property (1 N. Main Street). Seconded by Borsuk. Motion carried 8-0. IV. ACCESS CONTROL VARIANCES TO REDUCE CORNER CLEARANCE AND REDUCE LATERAL CLEARANCE OF A JACKSON STREET DRIVEWAY AT 2051 JACKSON STREET The petitioner is requesting an access control variance to permit a Jackson Street driveway 100 feet from the Linwood Avenue intersection where code requires a minimum 120 feet. Additionally, there is an access control variance request to permit reduced lateral clearance from Jackson Street of 42 feet where code requires a minimum of 75 feet. Mr. Buck presented the item and reviewed the site and surrounding area as well as the zoning and land use in said area. He also reviewed the site plan and described the reasons for the access control variances requested as the lot is too narrow to meet the required setbacks. He further stated that the site was anticipated to experience a low traffic volume and therefore should not have a significant impact if the variances were granted. __________________________________ Plan Commission Minutes 3 June 19, 2012 Ms. Propp questioned if the access drive on Linwood Avenue met the required setbacks per code. Mr. Buck responded affirmatively. Mr. Burich added that different types of streets possess varying types of setbacks based upon the street classification. Chris Salemi, 5100 W. Kennedy Boulevard, Tampa, Florida, stated that the variances were required due to the narrow size of the lot and they have made several compromises in their design such as reducing the number and size of the parking spaces in an attempt to meet the City’s code requirements. Motion by Vajgrt to approve the access control variances to reduce corner clearance and reduce lateral clearance of a Jackson Street driveway at 2051 Jackson Street. Seconded by Borsuk. Motion carried 8-0. V. REZONING FROM C-3 CENTRAL COMMERCIAL DISTRICT TO C-3 CENTRAL COMMERCIAL DISTRICT WITH PLANNED DEVELOPMENT OVERLAY, PLANNED DEVELOPMENT APPROVAL AND LAND DIVISION FOR PROPERTY LOCATED AT 100 COURT STREET AND 400 CEAPE AVENUE The applicant is requesting three actions within this petition: A.Rezoning from C-3 to C-3 Planned Development; B.Planned Development approval for the partial redevelopment of the existing multiple family and parking lot; and C. Two-Lot Land Division. Mr. Buck presented the item and reviewed the site and surrounding area as well as the zoning and land use in said area. He also reviewed the site plan for the apartment building and stated that the owner would be reducing the number of units in the building, adding garages on the site, and reducing the number of drive aisles on the site as well as adding pedestrian access walks, increasing the size of the apartment units, and removing the vacant office building on the site. This project would be completed in two phases and would require several base standard modifications as it was a redevelopment site and would not be able to meet all the required setbacks. He reviewed the base standard modifications being requested and reviewed the two lot land division which consisted of moving the existing property line between the two lots. The land division would require both access and parking lot easements. He also reviewed the building elevations and the conditions recommended for this request. Mr. Thoms questioned what the ramifications would be from the proposed changes to the two lots in regard to storm water management. Mr. Gohde responded that the two lots were already existing developed sites and moving the lot line between them would not have any effect on storm water management requirements. Brad Masterson, Executive Director of the Oshkosh Housing Authority, owner of the property, stated that they have revised the parking arrangements numerous times and felt that it was best suited for the site as submitted. He further discussed the financing for the apartment renovations which was the reason for the land division request. He commented that they did not require sufficient parking spaces to accommodate all the apartment units as the building will be designated for elderly occupancy only and younger tenants that currently live in some of the units will be moving out of the complex. __________________________________ Plan Commission Minutes 4 June 19, 2012 Mr. Fojtik questioned if the owner had any issues with any of the conditions recommended for this request. Mr. Masterson responded negatively. Mr. Borsuk inquired what the timeline was for phase two of the proposed project. Mr. Masterson discussed the tax credits involved with the financing of this project and the owners and investors involved. Mr. Borsuk then inquired when the existing vacant office building on the site would be demolished. Mr. Masterson responded that the building will be removed from the site sometime this year. Mr. Borsuk also questioned if there would be no storm water management requirements on lot 2. Mr. Burich indicated that any storm water management requirements would be addressed when the owner submits development plans for this area. Mr. Buck added that lot 2 will be seeded when the building is removed until such a time that the site will be developed in the future. The lot is entirely impervious now so no storm water issues are anticipated. Motion by Vajgrt to approve the rezoning from C-3 Central Commercial District to C-3 Central Commercial District with a planned development overlay, the planned development and land division for property located at 100 Court Street and 400 Ceape Avenue with the following conditions: A.Approval of rezoning from C-3 to C-3 Planned Development; B.Approval of the proposed Planned Development request with the following base standard modifications: (a)Front yard setback on Otter Ave of 15 feet for the parking improvements (25 feet required); (b)Side yard setback between proposed lot 1 and 2 of 0 feet for parking (5 feet on both sides of the lot line required); (c)Allow three driveways to proposed Lot 1 (two permitted); and (d)Permit 78 parking stalls to service the 104-unit apartment building (104 required). C.Approval of a Two-Lot land division with the following conditions: (a)Access easement is provided along both sides of the proposed lot line, as approved by the Department of Community Development. (b)Parking easement is provided to benefit proposed Lot 1 on proposed Lot 2. (c)Maintenance agreement is provided between the newly created parcels. (d)The removal of the commercial office structure and paving prior to any further land division. Seconded by Cummings. Motion carried 8-0. OTHER BUSINESS Mr. Borsuk questioned if the Commission could receive an update on the progress of the antennae request for Mainview Apartments that was approved in December. __________________________________ Plan Commission Minutes 5 June 19, 2012 rd Mr. Buck responded that there will be an update on this item on the July 3 agenda. There being no further business, the meeting adjourned at approximately 4:40 pm. (Vajgrt/Cummings) Respectfully submitted, Darryn Burich Director of Planning Services __________________________________ Plan Commission Minutes 6 June 19, 2012