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HomeMy WebLinkAboutMinutes PLAN COMMISSION MINUTES March 19, 2013 PRESENT: David Borsuk, Ed Bowen, Jeffrey Thoms, Thomas Fojtik, John Hinz, Steve Cummings, Kathleen Propp, Karl Nollenberger, Robert Vajgrt EXCUSED: Donna Lohry 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 February 19, 2013 were approved as presented. (Propp/Cummings) IA. PARTIAL STREET VACATIONS OF W. WAUKAU AVENUE EAST AND WEST OF KNAPP STREET AND KNAPP STREET SOUTH OF W. WAUKAU AVENUE ALL LOCATED ADJACENT TO WITTMAN REGIONAL AIRPORT IB. STREET DEDICATION LOCATED AT NEW EASTERN TERMINUS OF W. WAUKAU AVENUE LOCATED ADJACENT TO WITTMAN REGIONAL AIRPORT IC. STREET DEDICATION LOCATED AT NEW NORTHERN TERMINUS OF KNAPP STREET LOCATED ADJACENT TO WITTMAN REGIONAL AIRPORT The applicant requests the vacations of portions of W. Waukau Avenue and Knapp Street public right- of-way and two right-of-way dedications; the first located at the new eastern terminus of W. Waukau Avenue and the other at the new northern terminus of Knapp Street. Mr. Nau presented the street vacation requests and reviewed the site and surrounding area as well as the land use in said area. He discussed the proposed street vacations and reviewed the current street layout and the fencing project to be completed at Wittman Field in spring. He explained that the proposed street vacation areas had not been used for public right-of-way in the past several years and the vacation requests, if approved, should not have any negative impact on the area. Mr. Nau presented the right-of-way dedication request on W. Waukau Avenue which is in conjunction with the proposed street vacations and reviewed the right-of-way dedication area which would be for the construction of a cul-de-sac. The costs related to this construction would be at Winnebago County’s expense and any private facilities located in this area would have to be removed. Mr. Nau also presented the right-of-way dedication request on Knapp Street and stated that a cul-de- sac already existed on the site. This request was also in conjunction with the street vacation requests. Mr. Nau reviewed the conditions recommended for each of the three requests. There was no discussion on these items. __________________________________ Plan Commission Minutes 1 March 19, 2013 Motion by Thoms to approve the partial street vacation of W. Waukau Avenue east and west of Knapp Street and Knapp Street south of W. Waukau Avenue all located adjacent to Wittman Regional Airport with the following conditions: 1)The City retains full utility easements within the vacated right-of-way. Motion by Thoms to approve the street dedication located at new eastern terminus of W. Waukau Avenue located adjacent to Wittman Regional Airport with the following conditions: 1)All structures shall be removed and/or properly abandoned from proposed dedication area prior to final acceptance of certified survey map/dedication. 2)County enter into a Developer’s Agreement with the City of Oshkosh for construction of proposed cul-de-sac. Motion by Thoms to approve the street dedication located at new northern terminus of Knapp Street located adjacent to Wittman Regional Airport with the following conditions: 1)All structures shall be removed from proposed dedication area prior to final acceptance of certified survey map/dedication. Seconded by Vajgrt. Motion carried 9-0. IIA. AMENDMENT TO AND EXTENSION OF CONDITIONAL USE PERMIT/PLANNED DEVELOPMENT FOR UNIVERSITY RE-USE OF FORMER LINCOLN ELEMENTARY SCHOOL SITE AT 608 ALGOMA BOULEVARD The petitioner requests approval of a Conditional Use/Planned Development amendment to allow relocation of the playground and a time extension for reconstruction of the parking lot and Wisconsin Street driveway. IIB. GRANT PRIVILEGE IN THE STREET FOR INSTALLATION OF FIBER OPTIC CABLE, CHILLED WATER SUPPLY LINE AND EMPTY POWER CONDUIT TO THE FORMER LINCOLN ELEMENTARY SCHOOL (608 ALGOMA BOULEVARD) AT TWO LOCATIONS ALONG THE 600 BLOCK OF ALGOMA BOULEVARD The University of Wisconsin Board of Regents is requesting a privilege-in-the-street at two locations to allow extension of fiber optic cable, chilled water and empty power conduit within city right-of-way connecting the former Lincoln Elementary School (608 Algoma Boulevard) to existing campus facilities. Commission members decided to discuss and vote on Items IIA and IIB together as they were closely related. Mr. Buck presented Item IIA and reviewed the site and surrounding area as well as the land use in said area. He also reviewed the previously approved planned development and the current site plan which would relocate the playground area back to the original location. He further stated that fencing and landscaping would be added to the playground area and it would be further away from the residential properties. He also discussed the request to extend the reconstruction of the parking lot and driveway to the end of 2015. __________________________________ Plan Commission Minutes 2 March 19, 2013 Mr. Buck then presented Item IIB and explained that the privilege in street was necessary to connect the new dormitory facility to the Lincoln School facility and the petitioner had worked with the Department of Public Works on the design to ensure there would be no conflicts with City utilities. He also reviewed the conditions recommended for the privilege in street request as well as the conditions recommended for the planned development request. Mr. Bowen questioned the reasoning to cross Algoma Boulevard several times rather than just one connection between the two facilities. Mr. Buck responded that it was designed in this fashion due to the right-of-way location between the facilities that would make for a difficult connection and also the issue of conflicts with other utilities in the right-of-way. Mr. Thoms stated that he was disappointed about the delay in the reconstruction of the parking lot as there were safety concerns with the driveway on Wisconsin Street and he did not understand why staff would agree with delaying the reconfiguration of the driveway to make it a right-in/right-out only access. Mr. Buck replied that the anticipated traffic concerns were not as negative as originally perceived and the reconfiguration of the driveway would be easier if completed in conjunction with the reconstruction of the parking lot. Mr. Thoms then questioned the condition that the parking lot and driveway reconstruction be completed by the end of 2015 as this work would not be able to be completed once the end of the construction season has arrived. Mr. Buck responded that the condition could be amended to the end of the construction season if the Commission felt it was necessary. Bernard Pitz, 459 Church Avenue, stated that when the planned development originally went before the Common Council, they placed the right-in/right-out condition for the driveway on the request and if it was not abided by, the planned development for this site would be pulled. He had contacted the State of Wisconsin regarding the matter and told them that the University would continue to ask for more changes for the site. Mr. Pitz felt that the University will ask to extend the parking lot reconstruction again as the site plan submitted refers to a future use in one area but does not designate what the use will be. He also commented about the use of the school as the University claims it is for a child day care center and they are utilizing it for an office building and this use was not allowed in the R-2 zoning district. He felt that the University should lose the right to continue with their approved planned development at this site. Mr. Thoms questioned if there were conditions placed on this request originally that were not being abided by that would initiate the University’s loss of their planned development approval. Mr. Burich indicated that the City would have to go through the process to revoke a conditional use permit/planned development and the request being reviewed today was for an amendment to the existing planned development. Mr. Bowen commented that he reviewed the resolution from 2010 approving the planned development and the right-in/right-out configuration condition for the driveway appeared to be placed on the request as an amendment by the Common Council. __________________________________ Plan Commission Minutes 3 March 19, 2013 Mr. Burich stated that the conditions related to overnight parking and the right-in/right-out driveway configuration were both amendments placed on the request at the Council level. Mr. Bowen commented that the language related to the right-in/right-out configuration for the driveway appears to be under the assumption that all the reconstruction would be done at the same time however the driveway reconfiguration could be accomplished within a reasonable budget amount. He further stated that from a traffic flow standpoint, it is not a good intersection to begin with and he would like to see the right-in/right-out driveway access addressed sooner than later. Mr. Borsuk stated that the right-in/right-out configuration is supposed to be functional now controlled by signage and the reconstruction of the lot could add curbing to the driveway to prevent left hand turns. Ms. Propp agreed with Mr. Borsuk. Mr. Burich stated that during the parking lot reconstruction, the intent was to make it more difficult to maneuver a left hand turn from the driveway and the functional design could be completed during this process. Ms. Propp inquired if the no left turn was enforced. Mr. Burich responded that it may be difficult and consideration must be made as to how it affects the long term plans for the University’s reconstruction project. Mr. Cummings questioned if the signage currently on the site is large and visible. Mr. Buck responded that signage was present on the site however there is not always an officer present at this intersection to enforce the right-in/right-out turns. Mr. Burich suggested that the Transit Director, Chris Strong, could review the site. Mr. Thoms commented that he would like to know what the signage looks like that is currently in place and if citizens are not adhering to the right-in/right-out configuration, it is a code violation that should be enforced by the Police Department. The driveway should be clearly marked and it does not have a lot to do with the reconstruction of the parking lot. Mr. Burich indicated that the driveway configuration is not a municipal code traffic violation and therefore could not be enforced by the Police Department. It is a violation of the planned development conditions only. Mr. Buck added that usually the driveway is constructed in a configuration to control the ability of motorists to make an illegal turn. Mr. Borsuk questioned if all of these details are reviewed by the other City departments such as Transit, Public Works, etc. prior to being presented to the Plan Commission. Mr. Buck responded affirmatively. __________________________________ Plan Commission Minutes 4 March 19, 2013 Mr. Borsuk commented that he felt that more was being made of this issue than necessary and that the University has always followed through in the past with addressing conditions on their requests. Mr. Bowen stated that he did not feel that signage was effective in these cases and curbing is the only deterrent that ensures motorists adhere to the restrictions. Motion by Borsuk to approve an amendment to and extension of conditional use permit/planned development for University re-use of former Lincoln Elementary School site at 608 Algoma Boulevard with the following conditions: 1)Parking lot shall be reconstructed to meet current code requirements by the end of calendar year 2015. 2)Wisconsin Street driveway has “right in – right out configuration by the end of calendar year 2015. Motion by Borsuk to approve the granting of the privilege in the street for installation of fiber optic cable, chilled water supply line and empty power conduit to the former Lincoln Elementary School, (608 Algoma Boulevard) at two locations along the 600 block of Algoma Boulevard with the following conditions: 1)The fiber optic cable, chilled water and empty power conduit be installed in a manner that is approved by the Department of Public Works with no modifications or changes in construction procedure without prior approval by the Department of Public Works. 2)If no longer needed, the fiber optic cable, chilled water and empty power conduit be properly abandoned and removed in accordance with City standards and under the direction of the Department of Public Works. 3)Any problem that may arise as a result of the placement of the fiber optic cable, chilled water and empty power conduit be the responsibility of the petitioner/owner to correct in coordination with the Department of Public Works. 4)All appropriate permits are obtained prior to the start of placement of the fiber optic cable, chilled water and empty power conduit. 5)The fiber optic cable, chilled water and empty power conduit be modified or removed immediately upon the request of the City. 6)The petitioner/owner secures and submits to the City Clerk a separate insurance policy which names the City as an additional insured with a minimum coverage of $200,000 per person and $500,000 in general aggregate. 7)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 street within ten (10) days of notice. 8)The petitioner/owner execute a hold harmless agreement with the City. 9)The facility is part of and documented with Digger’s Hotline system. Seconded by Vajgrt. Motion carried 9-0. III. APPROVE THE CITY OF OSHKOSH RAINBOW PARK MASTER PLAN The City Parks Department and Advisory Parks Board requests the Plan Commission provide a recommendation of approval for the Draft City of Oshkosh Rainbow Park Master Plan to the Common Council. __________________________________ Plan Commission Minutes 5 March 19, 2013 Mr. Buck presented the item and discussed the existing conditions and the conceptual master plan prepared for the park. He stated that it was reviewed by the Advisory Parks Board who recommended approval and he reviewed some of the maps included in the plan displaying future features for the park. He further stated that the Rainbow Park Master Plan was consistent with the City’s Comprehensive Plan and the Outdoor Recreation Plan. Chad Dallman, Operations Manager for the Parks Department, stated that the Outdoor Recreation Plan designated that master plans would be developed for the three major parks in the City-Menominee Park, South Park, and Rainbow Park. Menominee Park was completed last fall and South Park was still in the process. He questioned if anyone had anything particular they wanted addressed. Mr. Borsuk stated that he had concerns with the traffic on Oshkosh Avenue and Rainbow Drive and the amount of green space that appears to be removed from the park on the master plan. Mr. Dallman stated that they were improving the boat launch area as this was one of the main features utilized in this park which was the reasoning for expanding the parking areas. He further stated that the entrance to the park was a one-way turn and that Graham Avenue and Catherine Avenue were the other two access points to it. Mr. Borsuk questioned if there will be a preferred access choice if approaching from the west. Mr. Dallman responded that Punhoqua Street would lead to access to Graham or Catherine Avenues which leads to the park. Mr. Nollenberger inquired what a splash pad was. Mr. Dallman explained that it was a surface with water features for children but that it was not a swimming pool. Mr. Thoms commented that with the addition of a lot more impervious surface in the park, how storm water runoff was going to be prevented. Mr. Dallman responded that it was only a conceptual plan at this point and they would be working with the Department of Public Works on storm water management options. Mr. Fojtik stated that boater access to the water would have significant improvements with this plan. Mr. Thoms commented that his boat would not fit at the present boat launch as it was not deep enough and questioned if the angles of the docks would be changed. Mr. Dallman replied that the Wisconsin Department of Natural Resources will be involved with that process and described some of the changes to the parking area to better accommodate larger boats. Mr. Cummings inquired what the fee was the City charged to launch a boat. Mr. Dallman responded that it was $3.00 per day. Mr. Bowen questioned if Rainbow Park was the most heavily used area in the parks system for boating purposes. __________________________________ Plan Commission Minutes 6 March 19, 2013 Mr. Dallman replied that Rainbow Park and Menominee Park were the two most heavily used for these purposes. Mr. Bowen commented that he could understand why we would want to accommodate the boat launch feature as access to the water in the city is important. Mr. Hinz stated that the complaint he hears most often from boaters is regarding the no wake zones on the river and he felt that was one reason the Rainbow Park launches were more popular than the other boat launches and there was a need to provide ample access. Ms. Propp stated that her first reaction was that we are paving too much of the park area but it sounds as though there is not enough parking for the boats. She hoped that there was a way to scale back on the parking when the plans start moving forward. She also stated that she would like to see the detention areas in the park labeled appropriately for educational purposes and she felt more walking and biking trails would be an improvement. She felt there was a lot of areas used up with ball parks and other recreational areas. Mr. Dallman responded that some of the single stall parking spaces may be eliminated to allow for more green space. Mr. Cummings commented that the single stall parking was about 115 spaces and questioned if it would be adequate for events held at the park. Mr. Dallman replied that it would depend on the participation levels at events and they were trying to reduce the amount of parking on the streets. Mr. Cummings questioned how we restrict people from parking in the stalls meant for the boat launch. Mr. Thoms questioned if parking was allowed on both Rainbow Drive and Punhoqua Street. Mr. Dallman responded affirmatively. Mr. Thoms commented that we could eliminate some of the parking stalls in the park if on street parking was allowed in the area. Mr. Buck indicated that storm water management will take the additional asphalt surface into consideration when these phases are actually developed. Mr. Borsuk stated that left turns on Oshkosh Avenue are difficult and way finding signage to turn on Punhoqua Street would be helpful. Mr. Bowen questioned if the master plan being reviewed today was a conceptual plan only as he had concerns with the north end of the park and inquired if these features would be coming back through the Plan Commission for review at the time of development. Mr. Burich responded that the features would not come back to Plan Commission for review again and that the Advisory Parks Board reviews items for the parks and that the Plan Commission’s role in the process is to determine if the Master Plan is consistent with the City’s Comprehensive Plan and whether it is appropriate land use. __________________________________ Plan Commission Minutes 7 March 19, 2013 Mr. Bowen commented that open space is one of the elements of the Comprehensive Plan. Mr. Burich replied that there are conflicting elements within the Comprehensive Plan as there are competing elements in various sections and the Commission needed to determine if this plan is consistent with the land use plans for the city. Mr. Bowen stated that he did not like the softball diamond on the site. Mr. Burich reiterated that the determination should be if overall the plan is consistent with the Comprehensive Plan. Mr. Thoms commented that he would rather see a ball diamond in the park and questioned if the impact on the neighborhood had been considered. More amenities in the park will mean more traffic and he was not aware if the Transit Department had looked at this plan. He further stated that there are not many boat launches on this side of the river but he felt that the Transit Department needed to review the impact on the neighborhood and he also felt that issues with storm water detention should be reviewed as well. Ms. Propp stated that it was the Advisory Parks Board’s responsibility to review these details of the plan. She further stated that fencing in the ball diamond field hopefully would not prevent children from its use and she felt there was too much area dedicated to the pickle ball courts. She concluded with that fact that budgetary restraints will resolve some issues. Mr. Vajgrt commented that he did not know why we needed another ball diamond in the City parks however no gates are installed to keep children out. Mr. Cummings stated that everything included in this master plan may not be what we need today however it may be developed in 20 years or more. There is limited space to launch boats in the city and having the access to the water is necessary to attract boaters to the area. He felt we have to look to the future when considering these types of plans. Mr. Hinz commented that the proposed ball diamond is only a 200 foot field and therefore would not be sized for adult use and would be for children only. Motion by Borsuk to approve the City of Oshkosh Rainbow Park Master Plan. Seconded by Bowen. Motion carried 9-0. Mr. Cummings left at 5:08 pm. IV. 2012 ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE (AN ELEMENT OF THE COMMUNITY DEVELOPMENT BLOCK PROGRAM) As a condition of the Community Development Block Program (CDBG), the City is required to certify to HUD that it will affirmatively further fair housing. This certification is included in the City’s CDBG Consolidated Plan’s Annual Action Plan submission to HUD each March. One way of affirmatively furthering fair housing is to prepare an Analysis of Impediments (AI) to Fair Housing and to maintain records on actions taken to overcome impediments to fair housing choices. The last time the analysis was completed was in 2005. __________________________________ Plan Commission Minutes 8 March 19, 2013 Ms. Leslie presented the item and stated that the analysis is a HUD requirement and no action is necessary on the part of the Plan Commission and the item is informational only. She discussed the supply of appropriate housing available in the city and issues with transportation services on the north side as there is an adequate supply of available housing units in that area however there is not adequate transportation or sidewalks. She also discussed the quality of the city’s housing stock and the need to create residential renters regulations as recommended by the Common Council. At this time, inspections are initiated on a complaint based only system. Mr. Borsuk discussed scattered site housing as part of the Comprehensive Plan and questioned how we go about promoting that and how it fits into this plan. Ms. Leslie discussed the public housing units available in the city and the age of said units and also discussed the WHEDA projects developed which are more market driven units. Mr. Burich questioned if there were any specific recommendations that address this issue. Ms. Leslie discussed the city’s ability to provide accessible housing for low to moderate income persons and the city has units in the central city that are not handicapped accessible however transportation and pedestrian sidewalks near community amenities are available. The city’s housing stock on the north side are accessible however the transportation is lacking and pedestrian walks are not necessarily present and the units are not as close to amenities. Mr. Burich commented that the Analysis of Impediments is not the appropriate time to discuss this and it was a community equity issue that needed to be discussed at some point but not in relation to the Analysis of Impediments. Mr. Bowen stated that the document discussed the elimination of the Commission on Equal Opportunity in Housing and questioned if there was no functioning commission in the city, was this commission replaced with another entity that is handling these types of issues. Ms. Leslie explained that the Commission was established in the 1970’s as there was a need to find a way to deal with housing complaints however the Metro Milwaukee Fair Housing agency deals with these issues at this time on the City’s behalf so the Commission was no longer necessary. Mr. Thoms commented that he did not see anything in this document dealing with quality impediments and educating landlords on maintaining their properties. He felt a number of landlords in the community do not maintain their rental homes and how do we address this issue as a community as these properties should be kept in satisfactory condition. Ms. Leslie responded that focus groups have discussed these issues as many tenants do not wish to file a complaint as they feel they may lose their housing unit due to such a complaint and the City is looking at taking different approaches with this issue with the direction of the Common Council. One aspect discussed was inspection of rental properties on a regular basis and creating an advisory list of quality housing units. Mr. Thoms suggested that the ordinance be changed to allow the City more abilities to enforce housing maintenance issues. Ms. Leslie replied that they are reviewing this issue and have not drafted an ordinance as yet as discussions are still taking place on how to approach the issue. She further explained an impediment is __________________________________ Plan Commission Minutes 9 March 19, 2013 the housing quality stock that is available to people in the city and the problem will not have an overnight way to address this issue. She discussed the need to start in one neighborhood and that outreach and education can be done however it only goes so far. Mr. Vajgrt commented that fire inspectors were only allowed to inspect units that were three-families or more but they were allowed to follow up on fire code issues and write citations if necessary. Mr. Burich stated that the issues have to be reported to investigate and there was a need to develop a proactive program for which legalities will need to be reviewed and the City is behind other communities in regulations on rental properties. Ms. Propp questioned if the city had a rental license program. Ms. Leslie responded negatively. Ms. Propp commented that this issue should be acted upon as soon as possible. Mr. Fojtik stated that the city has made significant improvements in the past 30 years however some properties will not be better maintained without some ordinance requiring compliance. OTHER BUSINESS Mr. Borsuk stated that part of the Comprehensive Plan was to develop the Vulcan Quarry site into park area when the quarry was no longer operating. He noticed that there was recently a change in ownership of the quarry and felt that the feasibility of turning this area into a park or some type of green space should be discussed at a future meeting. There being no further business, the meeting adjourned at approximately 5:26 pm. (Vajgrt/Bowen) Respectfully submitted, Darryn Burich Director of Planning Services __________________________________ Plan Commission Minutes 10 March 19, 2013