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HomeMy WebLinkAboutMnutes PLAN COMMISSION MINUTES May 7, 2013 PRESENT: Ed Bowen, Jeffrey Thoms, Thomas Fojtik, John Hinz, Steve Cummings, Kathleen Propp, Donna Lohry, Robert Vajgrt EXCUSED: David Borsuk, Karl Nollenberger STAFF: Darryn Burich, Director of Planning Services; David Buck, Principal Planner; David Patek, Director of Department 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 April 2, 2013 were approved as presented. (Propp/Cummings) Mr. Bowen arrived at 4:02 pm. TH I. PARTIAL STREET VACATION OF W. 7 AVENUE APPROXIMATELY 90 FEET NORTH OF S. KOELLER STREET The City of Oshkosh requests the vacation of a 47 square foot portion of the northerly side of W. 7th Avenue located adjacent to 600 S. Koeller Street (Red Robin), approximately 90 feet north of S. Koeller Street. Mr. Buck presented the item and reviewed the site and surrounding area and reviewed the area th proposed to be vacated which was initiated by the reconfiguration of the W. 7 Avenue/S. Koeller Street intersection. There was no discussion on this item. th Motion by Vajgrt to approve the partial street vacation of W. 7 Avenue approximately 90 feet north of S. Koeller Street with the following conditions: 1)The City retains full easements within the vacated right-of-way. Seconded by Cummings. Motion carried 8-0. II. CONDITIONAL USE PERMIT AMENDMENT (RACETRACK USE) 500 E. COUNTY ROAD Y Winnebago County is requesting an amendment to the conditional use permit (CUP) that governs motorsport racing events at the Winnebago County Exposition Center at 500 E. County Road Y. The County is requesting to amend a condition that currently curfews events at 10:30 pm and extend that time by 30 minutes for an 11:00 pm curfew. Mr. Burich presented the item and reviewed the site and surrounding area and discussed the previously approved conditional use permit for the race track use. He stated that one of the conditions placed on the conditional use permit was that the event was limited to not exceed the 10:30 pm curfew. The __________________________________ Plan Commission Minutes 1 May 7, 2013 petitioner was requesting to extend the curfew time to 11:00 pm as they had to exceed the curfew on a few occasions last year due to circumstances beyond their control. Mr. Thoms questioned how many times the curfew was exceeded last year and if we received complaints about the issue. Mr. Burich responded that according to the promoter it was exceeded twice last year and no complaints were received by the City Planning office regarding the matter and wasn’t aware if any other departments received complaints. Mr. Hinz questioned if other events in the city have an 11:00 pm curfew as well. Mr. Burich replied that it varies depending on the event. The decibel levels at the property lines is the issue as the noise ordinance for the city cannot be exceeded after 10:00 pm. The event continuing after 10:00 pm is not a violation if the decibel levels are within acceptable levels. Ms. Lohry questioned if races are only held on Friday nights at this venue. Mr. Burich indicated that races were held on Friday nights and possibly Tuesday nights. Carol Kaufmann, 2677 Indian Point Road, adjacent to the subject site, stated that the races held recently continued until 11:30 pm and she called the Sheriff’s Department regarding the matter. She was questioning who was responsible to enforce the noise ordinance and felt that it was very loud for that late at night. She further commented that she spoke with other neighbors regarding the issue and she had a resident as far away as Island View Drive that could hear it that night. The decibel levels are terribly loud for adjacent property owners and she questioned how the noise levels are tested. She further commented that most people do not know who to call about the matter and that the race events exceeded the time limit of 10:30 pm more than twice last year. She felt the time limit for the event should be reasonable and eight other neighbors agreed with her that 10:30 is late enough. Mr. Burich stated that Robert Way and Winnebago County Parks Department staff would be the first parties to contact regarding these complaints however at 11:00 pm at night, the Oshkosh Police Department would be the ones responding to noise complaints. He further stated that he would have to check with the Police Department to see if they have decibel readers to verify the noise levels at the property lines. He recalled that there were concerns with noise issues when the racing events initially commenced at this site and efforts were made to mitigate these issues at that time. William Rupnow, 190 E. County Road Y, also stated that the recent race event continued until 11:30 pm and he also had concerns with extending the hours of operation beyond the 10:30 curfew. Mr. Thoms inquired how we ensure that conditions placed on a conditional use permit are being met. Mr. Burich responded that aesthetic issues are easy to address by simply viewing the subject site for required landscaping, etc. however noise complaints are harder to ascertain unless citizen complaints are received and investigated. Ms. Lohry stated that she would not support this request without further investigation such as having staff verify the noise levels at the site. __________________________________ Plan Commission Minutes 2 May 7, 2013 Mr. Hinz inquired if the condition implies that they cannot start a race at 10:30 or if it means that they cannot complete a race that has already been in progress prior to the curfew. Mr. Burich responded that he would not expect an almost done race to be ceased at curfew that was already under way and if the noise ordinance was being enforced properly, there would be no violation even if it continued after the curfew. Ms. Propp commented that races are going on past the 10:30 curfew according to the neighbors and she would not support the amendment if they are already exceeding their time limit. The promoter for the race events stated that he has a contract with Winnebago County which states that the curfew for the events is 11:00 pm and this contract has been in effect for the past two years. He further stated that they have exceeded the curfew occasionally due to rain or other circumstances that were not controllable and expanded on some of these circumstances that delay the events. He commented that they were not asking to exceed the curfew on a weekly basis just when circumstances require it to complete the events and he has a decibel reading meter and distributed copies to the rd Commission of the readings taken on August 3 last year at numerous locations in the area during the races and all the readings were well within acceptable levels. Ms. Propp questioned if the recent race event lasted until 11:30 pm as neighbors claimed. The promoter indicated that the race event did exceed the time limit but should not happen again. He also commented that some of the noise issues are dependent on wind direction as far as the noise carrying. Ms. Lohry inquired what could be done to alleviate exceeding the event curfew. The promoter responded that all the drivers have to be registered and drawn for placement in the event and the first event of this year had more drivers than anticipated which created the delay. Mr. Vajgrt questioned if the event did not have the ability to pre-register the participants. The promoter replied that was possible but not with all the classes that participate in the events as some allow drop-in registration prior to the race. He also provided a list to the Commission of other race tracks in other communities in Wisconsin and the majority of the curfew times were 11:00 pm or later. Mr. Vajgrt inquired where the other tracks referenced in this document were located. The promoter indicated most of these tracks are located within the city limits or just outside of them. The asphalt tracks have no curfew whatsoever and the mufflers on the vehicles are required and monitored for compliance. Ms. Lohry stated that she felt an amendment should be included that staff would monitor the noise levels at the events. Ms. Propp commented that she felt the administration of the events sounds rather sloppy and that they could meet the curfew limitations if necessary. Mr. Hinz stated that if there is a 10:30 pm curfew for these events, violations should be reported to the authorities if exceeded so the violations could be appropriately documented. __________________________________ Plan Commission Minutes 3 May 7, 2013 Mr. Burich indicated that there is already a condition requiring appropriate mufflers on the vehicles to suppress sound and meet the City’s Noise Ordinance limitations. Mr. Bowen commented that the City does not have a motor sports inspector on staff so condition #5 regarding the mufflers and meeting the noise levels of the ordinance is not enforceable however if the noise levels are not in violation of the ordinance, there is no issue with extending the curfew time. Mr. Burich stated that the 10:30 curfew time is in the conditions and even if they are not violating the noise ordinance, they should not be exceeding the curfew. Mr. Bowen stated that he felt we do not need to extend the curfew time but we need to enforce the noise ordinance. Mr. Burich questioned if the Oshkosh Police Department was present during the racing events. The promoter responded that they were not present at events just the ambulance and fire services personnel. Mr. Thoms commented that the curfew time of 10:30 or 11:00 pm was the issue of the amendment request and the curfew time should have been set at 11:00 pm if that was what the County’s and promoter’s contract stated. Other tracks operating longer than this one puts this track at a disadvantage and the wind direction during events is not a controllable factor. He would like to make the conditional use permit conditions so the events could meet the requirements however if they are not abiding by it, the conditional use permit should be revoked. He was inclined to allow them to operate up to 11:00 pm as their contract states. Mr. Hinz suggested an amendment to the conditional use permit that races would be required to end at 11:00 pm. Mr. Cummings inquired how many races are held in the evening and what is the length of each race. The promoter responded that there are five divisions with approximately 120 vehicles and that they are completed before 10:30 on most nights. They have only held one race event thus far this year and they are not anticipating that many vehicles in upcoming events. Mr. Fojtik commented that this does not appear to be a question of appropriate conditions but enforcement and the Commission could vote to lay the item over so it could be further researched. Mr. Bowen questioned if the request was laid over, what could be accomplished by it. Mr. Burich replied that Robert Way from Winnebago County was not present today and he felt it would be helpful to hear from him regarding the conditions placed on the request and if they are being appropriately enforced. Mr. Bowen stated that if the request was laid over, it may give staff time to research the contract in place between the promoters and Winnebago County which we are not a party to but the promoter has indicated that the end time of said contract is 11:00 pm. __________________________________ Plan Commission Minutes 4 May 7, 2013 Mr. Thoms commented that the noise ordinance appears to be the issue and if it is not being enforced it is not the fault of the promoter. Winnebago County staff could better inform the Plan Commission of the details and some verification if the noise ordinance is being exceeded should be performed. Motion by Propp to lay over a conditional use permit amendment for the racetrack use at 500 E. County Road Y until the next meeting. Seconded by Vajgrt. Motion carried 7-1. (Ayes-Bowen/Thoms/Hinz/Cummings/Propp/Lohry/ Vajgrt. Nays-Fojtik.) III. CONDITIONAL USE PERMIT APPROVAL TO ESTABLISH A MACHINE SHOP/PLUMBING CONTRACTOR SHOP AT 1027 MICHIGAN STREET The applicant is requesting approval of a conditional use permit to establish a machine shop and plumbing contractors shop within an existing structure in the Central Commercial District. 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 stated that the property is zoned C-3 Central Commercial District and discussed the former use of the site. He further stated that the property has been vacant for some time now so a new conditional use permit must be approved to allow the proposed use. He discussed the current proposed use and reviewed the site plan, elevations, and the conditions recommended for this request. th Mr. Thoms questioned if the petitioner was planning on utilizing the service bay/garage doors on 11 Avenue which are covered in condition #2 that vehicles could not encroach upon the sidewalk or public right-of-way. Mr. Buck responded that the petitioner could utilize the doors to access the building however there would be no loading allowed in that area. Jack Meyer, 1928 McCurdy Street, petitioner for the request, stated that he would be cutting in a door on the opposite side of the building that would be used for loading purposes so the condition relating to th the doors on 11 Avenue should not be an issue. Motion by Vajgrt to approve the conditional use permit to establish a machine shop/plumbing contractor shop at 1027 Michigan Street with the following conditions: 1)Parking and vehicle access is limited to paved or gravel areas of the site. th 2)No vehicles will block or encroach upon the public sidewalk or West 11 Avenue right-of-way. 3)No storage of material or equipment outside of the building. Seconded by Cummings. Motion carried 8-0. IV. REPORT BY DEPARTMENT OF PUBLIC WORKS ON CENTRAL GARAGE PROJECT David Patek, Director of Public Works, stated that the Plan Commission approved an architectural building plan review on August 7, 2012 for the new central garage project and at the time there were questions about fencing, landscaping, and other aesthetic features that could not yet be answered. He displayed a landscaping plan for the site for review and also reviewed the layout of the buildings and parking lot areas and streets. He stated that the site was highly landscaped around the parking lot as __________________________________ Plan Commission Minutes 5 May 7, 2013 well as around the entire parcel including berms and fencing in place. He also discussed the storm water detention features and types of fencing to be used in various areas. He distributed a handout to the Commission depicting the sustainability features of the structure recommended by the Sustainability Advisory Board. He discussed the Focus on Energy features available and the ones utilized which will save approximately $76,000 per year in energy costs. Commission members discussed the increments of the various bundle packages and LEED standards. It was determined that the City met the criteria for the silver standards however certification was not being pursued as it can be a costly process. There was also discussion on the costs of the various bundles and the incentives and savings related to them and the detention features and water quality issues. The yard waste area was also discussed as far as the ability to cover it and it was determined that this area could not be covered. The amount of land purchases was also discussed and the appearance of the structure and the bid opening for the project was the end of April. Mr. Patek stated that he wanted to update the Plan Commission and Sustainability Advisory Board on the final plans prior to awarding the bid in June. He stated that the project should be partially completed by the end of the year and should take 18 months to two years for total completion of the project. PLANNING DIRECTOR’S REPORT 1)Mr. Burich reported that there were no updates on action of Plan Commission items previously approved. 2)Mr. Burich stated that staff has been working on the design standards with the stakeholder group and have discussed many of the features to date and should be bringing the issue back to the Plan Commission for recommendations on the ordinance. He further commented that the City needs to improve on property maintenance standards and upgrade the property maintenance regulations. 3)Staff has been working with the Lakota Group on the Zoning Ordinance update as a major overhaul of the ordinance has not been done in a number of years. The City has entered into a contract with Lakota to re-write the ordinance with the committee overseeing the process. The core zoning ordinance is what is being worked on to add more form base and performance standards. Amendments have been done to the ordinance periodically to address certain issues and the zoning map may be adjusted as well in this process as it will be a two-part process. Ms. Lohry questioned if the city rehabilitation loan program that currently exists will have any additional funding made available for assistance to homeowners that may need financial aide to complete property improvements. Mr. Burich responded that this program is funded by Community Development Block Grant money which is a federally funded source. As these funds are decreasing in availability, the City is looking at other sources to fund these types of programs however levy limitations are making it difficult. 4)City staff has been working on neighborhood planning by trying to develop a planning project with the Middle Village neighborhood. Thus far, two visioning sessions have been held and staff is now moving to the next step to develop a neighborhood plan. Ms. Propp questioned if neighborhood plans will be done with other areas as well as the Middle Village neighborhood. Mr. Burich responded that the City is at the point of recognizing neighborhood associations and developing a plan to continue forward with. __________________________________ Plan Commission Minutes 6 May 7, 2013 5)Mr. Bowen questioned if there was any definitive update on legislation SB112 that Mr. Burich informed the Commission about recently. Mr. Burich stated the legislation had been pulled from the committee agenda at this time but they will have a vote on it at some point but he was not sure when this would occur. There being no further business, the meeting adjourned at approximately 5:25 pm. (Vajgrt/Lohry) Respectfully submitted, Darryn Burich Director of Planning Services __________________________________ Plan Commission Minutes 7 May 7, 2013