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PLAN COMMISSION MINUTES
November 19, 2013
PRESENT: David Borsuk, Ed Bowen, Jeffrey Thoms, Thomas Fojtik, Steve Cummings, Kathleen
Propp, Karl Nollenberger
EXCUSED: John Hinz, Donna Lohry, Robert Vajgrt
STAFF: Darryn Burich, Director of Planning Services; David Buck, Principal Planner; Steven
Gohde, Assistant Director of Public Works; Chris Strong, Director of Transportation;
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 November 5, 2013 were approved as presented. (Propp/Bowen)
I. PARTIAL STREET VACATION OF THE NORTH SIDE OF THE 1800 BLOCK OF
OSHKOSH AVENUE
Ran Lie Inc. requests the partial vacation of the north side of the 1800 block of Oshkosh Avenue. The
subject area is irregularly shaped area, approximately 190 feet wide by 55 feet deep and 8,500 square
feet in area.
Mr. Buck presented the item and reviewed the site and surrounding area as well as an aerial view of the
site and explained the reasoning for the vacation request, which was due to the reconfiguration of
Oshkosh Avenue with the reconstruction of the Highway 41/State Highway 21 interchange. After the
realignment of Oshkosh Avenue, a remnant area of land was created that serves no practical use to the
public with the exception of the City’s desire to retain a 15-foot wide strip along the back of the
sidewalk as right-of-way for potential future trail purposes and the presence of city utilities within the
proposed vacated area.
Mr. Thoms questioned if an easement was necessary in the vacated area for the utilities present.
Mr. Burich responded that the easement was not necessary in this case as it is provided for in the state
statutes as standard protocol with a street vacation.
Mr. Bowen inquired about the process that the city has to follow with road reconstruction projects as
he felt that partial street vacations due to reconstruction should have some mechanism to allow for the
vacations of areas no longer necessary without having to go through the process of Plan Commission
and Common Council vacation actions.
Mr. Burich replied that the process can be initiated by either the petitioner or staff as it is not built into
the road reconstruction process and, in this case, the request was by the petitioner. The city will
review the area at a future date to see if any other areas can be vacated due to unusable remnants left
from the reconstruction of the highway and installation of the roundabouts.
Mr. Thoms questioned if the area to the east of the subject site was also going to be vacated.
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Plan Commission Minutes 1 November 19, 2013
Mr. Burich indicated that this area will be maintained as right-of-way until such a time that the
adjacent property owner is interested in acquiring the land.
Norm Mueller, 437 Hazel Street, petitioner for the request, stated that he has owned properties in this
area for a number of years and the piece of land that is remaining from the realignment of the road is
too small to be developable and he would maintain the parcel with his property. He also thanked Mr.
Burich for his cooperation and guidance in this matter.
Motion by Thoms to approve the partial street vacation of the north side of the 1800 block of
Oshkosh Avenue.
Seconded by Borsuk. Motion carried 7-0.
IIA. ZONE CHANGE FROM R-1 SINGLE FAMILY RESIDENCE DISTRICT, R-3
MULTIPLE DWELLING DISTRICT AND C-2 GENERAL COMMERCIAL DISTRICT
TO C-1PD NEIGHBORHOOD BUSINESS DISTRICT WITH A PLANNED
DEVELOPMENT OVERLAY FOR PROPERTIES AT 1100 WITZEL AVENUE AND
110 & 250 NORTH SAWYER STREET (LOURDES ACADEMY)
This item is for a zone change request from the R-1 Single Family Residence District, R-3 Multiple
Dwelling District and C-2 General Commercial District to the C-1 PD Neighborhood Commercial
District with a Planned Development Overlay (PD). The subject area having multiple zoning
designations restricts any site changes/improvements or new construction on the property. The intent
of the requested zone change is to bring the zoning into conformance with the current use and
development on the property and the PD will be in place to ensure that any proposed changes to the
property be reviewed under the public hearing process while providing the ability for adjustments to
zoning standards that are unique to its institutional campus use.
IIB. CONDITIONAL USE PERMIT/DEVELOPMENT PLAN REVIEW FOR THE USE
AND DEVELOPMENT PLAN OF PROPERTIES AT 1100 WITZEL AVENUE AND 110
& 250 NORTH SAWYER STREET (LOURDES ACADEMY)
The petitioner requests approval of a Conditional Use Permit/Development Plan for the existing
educational facility as well as a new elementary school structure, expansion/renovation of the existing
parking lot/circulation plan, creation of a new parking lot, and reorganization of other site
improvements such as athletic fields and accessory buildings.
Commission members decided to discuss and vote on these two item as one as they are in conjunction
with each other.
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 reviewed the site plan which entailed both the existing
features on the site as well as new proposed renovations. He discussed the existing features and the
proposed additions to the site such as the elementary school, and new parking areas, pedestrian
walkways, playgrounds, and athletic fields. He stated that the parking stalls would almost double from
the number of existing stalls and explained the circulation patterns that would separate the various age
groups. He also discussed the suggested adjustments to the plan that staff has recommended and
reviewed the building elevations. He commented that the east façade has a very blank wall and staff
was recommending it receive some architectural and color enhancement to break up the expanse of
wall plane. He also reviewed the signage proposed for the site which included wall, ground mounted,
and a pylon sign with one incorporating an electronic message center. He reviewed the plan depicting
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Plan Commission Minutes 2 November 19, 2013
the traffic flow pattern for the site as well as a conceptual landscaping plan and the dumpster enclosure
location. He stated that storm water management plans had yet to be submitted but would require
review and approval by the Department of Public Works and the formal landscaping plans would
require review and approval by the Department of Community Development. He also reviewed the
conditions recommended for this request.
Mr. Borsuk commented that he had concerns with the landscaping, environmental issues, and traffic
patterns for the request. He questioned if the exit on to Sawyer Street should be a right turn only
access.
Mr. Buck responded that it should not be necessary as it is designed to be a three lane drive access.
Chris Strong, Director of Transportation, added that Sawyer Street does not have a significant amount
of crashes and this driveway should be able to work well as designed.
Mr. Borsuk then commented that the storm water management for the site does not seem adequate.
Steve Gohde, Assistant Director of Public Works, replied that the storm water management plans are
conceptual only at this time and underground detention facilities will probably not be feasible on this
site. He further stated that only the reconstructed areas have to come into compliance such as the new
parking areas and storm water management will be challenging for this site as it is located very close to
the downstream discharge area of Campbell Creek.
Mr. Borsuk commented that it was a planned development and the whole site should be reviewed for
storm water impact. He also questioned if they were proposing any intensive landscaping for areas of
the site.
Mr. Buck responded that some of the parking lot areas were to remain as they are today.
Mr. Borsuk felt that the whole area along Sawyer Street needs more intensive landscaping features.
Mr. Buck indicated that they are incorporating internal islands and other green space features and both
the new and existing parking lots will meet all the current parking code requirements.
Mr. Fojtik questioned why the new elementary school building is not being placed closer to and
fronting the street than it is proposed.
Mr. Buck replied that the petitioner have presented and worked with staff on four to five different
scenarios while in the planning stages of the project and the drop-off/pick-up areas, site circulation and
separation of school functions is the primary reason to not locate the building to front the street.
Mr. Thoms stated that he is aware of the existing codes regulating landscaping and environmental
requirements but there are existing storm water issues in the area and he felt they should be addressed
as this is a planned development and additional requirements could be requested. He commented that
the city is attempting to hide parking areas at new developments as well and he felt more intensive
landscaping should be required. He also commented about the base standard modification for the
chain link fence around the ball field and felt that it did not have to be constructed of chain link and
could utilize a more attractive material for the fencing.
Mr. Buck responded that the petitioner is most likely considering the security and maintenance of the
proposed fence.
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Plan Commission Minutes 3 November 19, 2013
Mr. Thoms felt that they could use something to make the fencing more aesthetically pleasing than just
the standard chain link. He also voiced concerns about the signage as he felt the electronic message
center sign was located too close to the intersection and would be a distraction for drivers particularly
at night. He also questioned if there were any impact studies completed for traffic flow as turning left
on Sawyer Street can be challenging.
Mr. Strong stated that the applicant did a parking assessment and after looking at other schools in the
community, staff believe what is presented should be effective. A traffic impact analysis is typically
done to determine if signals are needed in an area or other traffic measures required. He felt the streets
surrounding the property should be able to absorb the traffic flow other than there may be some back
up at drop-off/pick-up times and the one way flow on the site could be more defined.
Mr. Thoms inquired if the bus traffic flow would exit out on Sawyer Street.
Mr. Strong responded that the entrance for the buses would be off Josslyn Street and the transfer point
could be located on the school campus and that the buses would exit on Sawyer.
Mr. Burich questioned if Mr. Strong felt the electronic message center sign was an issue.
Mr. Strong indicated that they consider the proximity to the intersection and what is being displayed on
the sign as both effect the distraction of drivers. He felt there was sufficient distance from the traffic
light in this case that it should not be an issue.
Mr. Bowen asked to verify that the corrugated metal material would be changed to other materials for
the mechanical screening on the structure.
Mr. Buck responded affirmatively.
Mr. Bowen commented that an institutional zoning classification would make this process easier.
Mr. Thoms questioned if the zoning change would have any effect on the dental office located within
the block.
Mr. Buck responded negatively.
Mr. Thoms asked to verify that the mechanical equipment on the structure would be appropriately
screened.
Mr. Burich responded affirmatively.
Mr. Borsuk inquired about the necessity to double the number of parking stalls on the site.
Mr. Buck indicated that the daily demand was anticipated to be 260 parking stalls however with events
at the school, the demand would require about 300 stalls and they would be removing some from the
back of the old credit union location.
Bob Biebel, President of Lourdes Academy, stated that they have presented a number of plans for this
project to the city and their organization felt it was important to have a setup that would serve their
students for the next 50 years. At this time, their education system is in three different buildings which
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Plan Commission Minutes 4 November 19, 2013
is not convenient for parents and they felt it would be best to have all the schools in one location. They
need to attract students and are trying their best as far as the traffic pattern on the site. Their parking
lot is usually full during events and they utilize on-street parking besides, therefore the additional
parking stalls are necessary for them to provide adequate parking on-site. They would like to maintain
the entrance on Sawyer Street as it would provide an access point for emergency vehicles and the
basement of the old credit union building could be utilized if necessary for emergency situations. He
also discussed the need for the delivery area on site.
Mr. Bowen inquired about the use of the football field.
Mr. Biebel responded that it is a practice site for the middle school students which will amount to
about six games per year and they will continue to utilize Titan Stadium for high school events.
Mr. Thoms stated that if it was only a practice field, could they eliminate the chain link fencing
surrounding it. He also commented that he would like to see landscaping around the perimeters of the
parking lots to help hide these areas and he still had concerns about the storm water management
issues.
Tim Whitman, Davel Engineering, indicated that they would be working according to the City’s
ordinance with the use of biofilters and bioswales on the storm water management plans.
Mr. Borsuk voiced his concern with the ramifications of the new building areas as far as storm water
management.
Mr. Gohde indicated that since the storm water management codes were revamped in 2012, the
ordinance requires storm water management to be in effect on any newly created areas and they will
have to meet all the current requirements. They have discussed lowering the football field area as they
have done at Tipler School to serve as a detention area and biofilters are to be installed. He did not
recommend extending storm water management beyond ordinance requirements in this case.
Mr. Thoms discussed the ordinance standards but felt that since this was a planned development, it
should require more stringent standards.
Mr. Gohde reiterated his recommendations that ordinance standards are not required to be exceeded in
this case as the subject site’s close proximity to Campbell Creek which is just across Josslyn Street.
Excessive storm water management will not help anyone upstream as the site is located downstream
from the creek and there are no properties downstream to benefit from it either. He further discussed
some other detention basins in the process of construction and stated that meeting ordinance standards
will be difficult for this property but exceeding it is not necessary. Both the site location and elevation
is an issue and he further explained current ordinance restrictions.
Jason Hale, Ganther Construction, displayed large renderings of the east elevation and explained some
of the changes incorporated to meet staff’s recommendations. He also displayed samples of the brick,
cast stone, architectural metal panels, and EIFS to be used on the structure. He discussed options for
the replacement of the corrugated metal recommended in the conditions and the use of the interior of
the structure which limits the placement of windows or other architectural features on this side for
practical purposes.
Mr. Cummings expressed his gratitude for the large renderings and material samples to review as he
felt it was much more beneficial than just the usual submitted site plans.
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Plan Commission Minutes 5 November 19, 2013
Mr. Borsuk questioned what the mechanical screening enclosures would look like.
Mr. Hale responded that the lower portion would be constructed of brick and they were still
considering the options for the replacement of the corrugated metal and offered a few options that
would be possible.
Mr. Borsuk then questioned if the refuse enclosure would be constructed of the same materials as the
building.
Mr. Hale indicated that it would be constructed of tan brick.
Mr. Thoms stated that he still had concerns with the fencing material used to enclose the ball field and
would like to see something more aesthetically pleasing than the chain link fence and also suggested
that a berm could be constructed along the side of the parking lot.
Mr. Hale replied that berming of any kind was an issue on this site due to the elevation but more
landscaping may work better particularly along the Sawyer Street side.
Mr. Thoms stated that he was also still concerned with the exit onto Sawyer Street.
Mr. Hale indicated that decorative black fencing was proposed to be used in other areas of the site and
the chain link fencing was the best option for the ball field as far as costs.
Mr. Borsuk suggested that the chain link fence be coated rather than galvanized metal.
Mr. Thoms inquired if this would be the only opportunity to amend the conditions for this request.
Mr. Buck responded that the Commission could request that the item be brought back to amend
conditions at a later date however it was important to approve the planned development so the project
could move forward. The conditions could be amended at this time.
Mr. Thoms stated that if staff could handle the façade, landscaping and fencing concerns discussed, the
item would not need to come back to the Commission for further review and questioned if the
conditions would require some amendments.
Mr. Burich replied that if the Commission desired to request something specific, they need to be direct
on what conditions should be amended.
Mr. Fojtik commented that the fencing will be the least visible part of the property.
Mr. Borsuk stated that he would be comfortable with the minimum standard of a coated chain link
fence however he would like to see the ball field with this type of fencing rather than just standard
chain link and some enhanced landscaping features along the fencing and on the Sawyer Street side
parking lot and near the service drive by the east façade.
Mr. Hale suggested that the fence for the ball field could be vinyl coated on the exterior facing the
street and standard galvanized chain link on the interior which would be less visible to the public.
Mr. Borsuk reiterated that he still had concerns with the storm water management for the site.
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Plan Commission Minutes 6 November 19, 2013
Mr. Gohde suggested that the Commission could amend the conditions to add approval of a storm
water grading and drainage plan to collect and convey storm water to the maximum extent practical,
although this may be difficult to accomplish.
Mr. Bowen suggested that it could be adjusted to require the development to meet code standards and
may exceed if possible.
Ms. Propp inquired if the driveway on North Sawyer Street was still going to be removed as stated in
the conditions.
Mr. Buck commented that there are two existing driveways to the former credit union parking lot off
Southland Avenue and the question is if the third driveway on Sawyer Street is necessary.
Mr. Thoms discussed the emergency issues and use of the old credit union building for that purpose
that the petitioner brought up earlier.
Mr. Borsuk suggested that it could be restricted to a right-in/right-out only drive access.
Mr. Burich commented that the site could be evacuated in an emergency situation without the third
driveway to the parking lot and the right-in/right-out drive accesses do not historically work well. Mr.
Buck added that a concern was that motorists will possibly avoid the controlled intersection at
Southland and Sawyer by utilizing the parking lot accesses instead. Mr. Burich asked about the
possibility of eliminating the drive aisles around the building which would prohibit the use of the
driveways to avoid the controlled intersection. Mr. Biebel suggested that they could barricade off the
driveway during the day to prevent its use for that purpose. Mr. Burich questioned why the drive aisles
are necessary around the building.
Mr. Biebel discussed the reasons for the necessity of the drive aisles such as to handle back-up traffic
at busy times.
Mr. Bowen recommended leaving the driveway remaining on Sawyer Street and review the situation
after a few years to see if it was functioning properly.
Mr. Fojtik commented that he felt the zone change and planned development overlay were a good idea
for this development.
Mr. Thoms recommended approval of the conditional use permit/planned development with
adjustments to the conditions to address the enhancements to the ball field fencing, landscaping, storm
water management, and to review the Sawyer Street driveway for functionality.
Motion by Thoms to approve a zone change from R-1 Single Family Residence District, R-3
Multiple Dwelling District and C-2 General Commercial District to C-1PD Neighborhood
Business District with a Planned Development Overlay for properties at 1100 Witzel Avenue
and 110 & 250 North Sawyer Street and to approve a conditional use permit/development plan
review for the use and development plan of properties at 1100 Witzel Avenue and 110 & 250
North Sawyer Street with the following conditions:
1)Cross access agreement is established between two lots included in the subject campus area.
2)Base standard modifications:
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Plan Commission Minutes 7 November 19, 2013
a.Allow a zero foot internal side yard setbacks from between the campus parcel and the
administrative building/former credit union parcel.
b.Allow six foot chain link fencing within the Southland and Josslyn Street front yard
setbacks with vinyl coated fencing on the exterior and enhanced landscaping around the
perimeter.
c.Allow accessory dumpster enclosure structures in front of the primary structure’s
Josslyn Street front façade at eighteen feet two inches.
3)Require lane narrowing measures at the internal drive intersection of the elementary school
drop-off/pick-up and service delivery drive, as approved by the Director of Transportation.
4)Access Control Variance to allow seven existing and proposed driveways to access the campus
property and allow the three-lane North Sawyer Street driveway to be 36 feet wide at the
property line and 46 feet wide at the curb.
5)Access Control Variance to allow the two Southland Avenue driveways and one North Sawyer
Street driveway to the administrative building/former credit union property with review of the
North Sawyer Street driveway by the Department of Transportation in two years following
occupancy.
6)The elementary school’s east façade receive architectural and color enhancements as well as
landscaping meant to break up the expanse of wall plane, as approved by the Department of
Community Development.
7)Replace the corrugated metal with alternative mechanical screening material, as approved by
the Department of Community Development.
8)Landscaping should be enhanced for buffering on the street side of parking lot perimeters.
9)Approval of a storm water grading and drainage plan to collect and convey storm water, to the
maximum extent practical.
Seconded by Cummings. Motion carried 7-0.
There being no further business, the meeting adjourned at approximately 5:35 pm. (Borsuk/Bowen)
Respectfully submitted,
Darryn Burich
Director of Planning Services
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Plan Commission Minutes 8 November 19, 2013