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HomeMy WebLinkAboutMinutes__________________________________ Plan Commission Minutes 1 March 4, 2014 PLAN COMMISSION MINUTES March 4, 2014 PRESENT: David Borsuk, Thomas Fojtik, John Hinz, Steve Cummings, Kathleen Propp, Donna Lohry EXCUSED: Ed Bowen, Jeffrey Thoms, Robert Vajgrt, Karl Nollenberger STAFF: Darryn Burich, Director of Planning Services; David Buck, Principal Planner; Jeffrey Nau, Associate Planner; Elizabeth Williams, Assistant 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 February 18, 2014 were approved as presented. (Hinz/Borsuk) I. RIGHT-OF-WAY DEDICATION AT 2728 OREGON STREET City Administration is requesting a right-of-way dedication of a seven-foot by 149.27-foot, 1,049 square foot parcel located on the east side of Oregon Street adjacent to 2728 Oregon Street. Mr. Nau presented the item and reviewed the site and surrounding area and the certified survey map that was submitted and initiated the dedication request. The purpose of the right-of-way dedication was to eventually achieve an 80 foot right-of-way on Oregon Street which is considered a minor arterial. The Comprehensive Plan classifies Oregon Street as a minor arterial and subsequently recommends an 80-foot right-of-way per the Subdivision Regulations. There was no discussion on this item. Motion by Borsuk to approve the right-of-way dedication on property located at 2728 Oregon Street. Seconded by Hinz. Motion carried 6-0. IIA. LAND DISPOSITION OF PROPERTY LOCATED EAST OF 663 W. THIRD AVENUE IIB. LAND ACQUISITION OF THE NORTHERN PORTION OF 662 W. THIRD AVENUE The City is requesting the Plan Commission review and approves the disposition of a 0.46 acre parcel located on the south side of W. 3rd Avenue, east of and adjacent to 663 W. 3rd Avenue. In addition, the City is requesting approval of a land acquisition of an approximately 0.38 acre vacant portion from the north part of 662 W. 3rd Avenue. Mr. Nau presented the item and reviewed the site and surrounding area as well as the zoning classifications in said area. He reviewed the two sites involved in this request and explained the reasoning for the land exchange between the two entities. He also commented that the land swap is contingent on the city improving the vacant lot to be disposed of to allow it to be used for outdoor storage by the University. __________________________________ Plan Commission Minutes 2 March 4, 2014 Ms. Lohry questioned if we knew what type of storage use was planned for the University’s property, if this request was approved. Joann Rife, University of Wisconsin-Oshkosh, 800 Algoma Boulevard, responded that the site will be used for storage of the items that are currently stored on their site that the city is seeking to acquire as well as some storage of vehicles. The items will be outdoor storage. Motion by Borsuk to approve the land disposition of property located east of 663 W. Third Avenue and the land acquisition of the northern portion of 662 W. Third Avenue. Seconded by Propp. Ms. Propp inquired if there were any zoning regulations that needed to be addressed for the outdoor storage use. Mr. Burich replied that the storage area would be required to be screened. Mr. Nau added that asphalt paving was also to be added to the site and Board of Appeals variances may be required as well. Steve Gohde, Assistant Director of Public Works, commented that variances would be necessary for the reduction of the front yard setbacks from 25 feet to 15 feet to buffer the residential use adjacent to the site and increase the amount of storage area available on the site. Ms. Lohry commented that it looks like a rather blighted area due to the amount of storage use. Mr. Burich responded that some of the visible storage should be addressed with the renovations to the Central Garage structure. Mr. Gohde added that fencing and berms will be installed to screen the storage on the Central Garage property. Mr. Burich stated that some of the other mini storage uses are existing conforming uses and will remain. Motion carried 6-0. III. CONDITIONAL USE PERMIT TO DEVELOP A WET STORM WATER DETENTION BASIN AT 1415 ARMORY PLACE AND LAND AREA IMMEDIATELY EAST OF 1550 S. KOELLER STREET City Administration is requesting a conditional use permit to develop a wet storm water management basin. 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 further commented that the site is currently vacant land and was officially mapped for this use in 2004 and the land acquisition was approved in 2010. He reviewed the site plan for the proposed detention basin and discussed the two previously constructed basins in the city. He also explained how the detention basin would function which would reduce flooding both upstream and downstream from the basin and allow for the settling of suspended solids resulting in the __________________________________ Plan Commission Minutes 3 March 4, 2014 removal of 48.3 tons of sediment per year from runoff. The detention basin will not have a negative effect on the adjacent properties and he reviewed the conditions recommended for this request. Mr. Borsuk questioned what level of storm water event the detention basin was designed to contain and the release rate from the pond after an event. Mr. Gohde responded that the basin was designed to handle a 100 year storm event and the exact draw down was unknown at this time but he anticipated it to be about 48 hours or more for the basin to complete releasing the storm water. Motion by Borsuk to approve a conditional use permit to develop a wet storm water detention basin at 1415 Armory Place and land area immediately east of 1550 S. Koeller Street with the following conditions: 1. The detention basin is designed without riprap above the water line and native plants are planted on the side slopes of the basin and emergent plants on the safety shelf. 2. Landscape plan approval by the Department of Community Development. Seconded by Cummings. Motion carried 6-0. Mr. Fojtik stated that he applauded the city in their continued efforts to address the flooding issues in our community. IV. OPPOSE SB 632/AB 816 PRE-EMPTING MUNICIPAL AUTHORITY TO REGULATE EXISTING NON-CONFORMING NON-METALLIC MINING OPERATIONS AND THE CREATION/OPERATION OF LOCALLY UNREGULATED BORROW PITS AND MATERIAL DISPOSAL SITES ASSOCIATED WITH DOT CONSTRUCTION PROJECTS In November of 2013, the Plan Commission endorsed a resolution opposing SB 349 due to the bill’s overreach into municipal home rule authority by preempting local land use regulation on nonconforming nonmetallic mining operations and borrow pits and materials disposal sites for DOT projects. The Council endorsed that resolution which was forwarded to the City’s legislative representatives for consideration. Due to the organized opposition by many interest groups, the bill was pulled from consideration for additional legislative crafting and a new bill was introduced last Wednesday and placed on the “fast track” with a public hearing held on March 3rd. Mr. Burich stated that staff has concerns with the sections of the bill relating to nonmetallic mining and reviewed the portion of the legislation that he was referring to. The city currently has an operating quarry in the community that could not expand the use without first obtaining a conditional use permit to do so however if this legislation is passed, this process would no longer be necessary and the quarry could expand its use at will. The City feels that land use issues are best dealt with at a local level particularly when dealing with issues such as borrow pits and waste sites as they are not appropriate uses of land in certain growth areas and the land use implications of this bill are a concern. The water quality and air quality issues were removed from this bill however the Plan Commission is requested to endorse a resolution opposing this bill which will be forwarded to the Common Council and then sent to the legislative representatives for our area. He also provided a list of entities that were either for or against the passage of this bill. __________________________________ Plan Commission Minutes 4 March 4, 2014 Mr. Hinz inquired if the bill still contained measures that would provide exemptions from damage to roads and waterways during construction projects. Mr. Burich replied that he did not believe those provisions were in the new bill however he did not have adequate time to review the entire document. Ms. Propp questioned if a yes vote on this item would be to support the opposition to this legislation. Mr. Burich responded affirmatively. Mr. Borsuk inquired what measures the city has taken to reach out to their legislative representatives regarding this matter and what other nongovernmental organizations have done. Mr. Burich indicated that he has contacted Representative Hintz and the City Manager has been in contact with Representative Gudex regarding the issue and if the resolution is endorsed by the Plan Commission, it will be forwarded to the Common Council for action and then to the legislative representatives. Mr. Cummings questioned if the item would be on the March 11th agenda for the Council. Mr. Burich responded affirmatively. Ms. Lohry questioned if it would be appropriate to send a letter to the Chamber of Commerce requesting their support. Mr. Burich replied that the endorsement of the resolution by the City would speak for itself. Mr. Borsuk commented that there has been a tremendous effort to remove controls of local communities regarding these issues and the “fast track” of these items through the legislature is a concern. Ms. Propp agreed and stated that local control of land use issues should not be preempted. Mr. Cummings also agreed and questioned who was behind the support for this legislation passage. Mr. Burich suggested reviewing the lobbying list provided. Motion by Propp to approve the opposition to SB 632/AB 816 preempting municipal authority to regulate existing non-conforming non-metallic mining operations and the creation/operation of locally unregulated borrow pits and material disposal sites associated with DOT construction projects. Seconded by Cummings. Motion carried 6-0. PLANNING DIRECTOR’S REPORT Mr. Burich stated that the Common Council approved the zoning ordinance for the design standards and staff is currently working on educational materials for citizens and informing the appropriate departments of the change and developing methods of handling approval of building permits incorporating this change in code standards. __________________________________ Plan Commission Minutes 5 March 4, 2014 Mr. Buck commented that the Zoning Ordinance update was still in progress and discussed the data being gathered and explained some of the details of said data. Steering Committee meetings will be scheduled to discuss the information completed to date and would probably begin in April and will be presented to the Plan Commission for informational purposes in the near future. Mr. Borsuk inquired if the entire zoning ordinance would come all at one time or if it would be presented in sections for review. Mr. Buck indicated that sections would be reviewed in a workshop format first giving the Steering Committee and Plan Commission an opportunity to review and discuss them with the final draft coming as one text item. He further stated that the subsequent maps would come forward for approval at a later date. There being no further business, the meeting adjourned at approximately 4:32 pm. (Hinz/Cummings) Respectfully submitted, Darryn Burich Director of Planning Services