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HomeMy WebLinkAboutMinutes__________________________________ Plan Commission Minutes 1 June 3, 2014 PLAN COMMISSION MINUTES June 3, 2014 PRESENT: Ed Bowen, Thomas Fojtik, John Hinz, Kathleen Propp, Donna Lohry, Robert Vajgrt, Karl Nollenberger EXCUSED: David Borsuk, Jeffrey Thoms, Steve Cummings STAFF: Darryn Burich, Director of Planning Services; David Buck, Principal Planner; Jeffrey Nau, Associate Planner; Benjamin Krumenauer, Assistant Planner; Elizabeth Williams, Assistant 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 May 6, 2014 were approved as presented. (Vajgrt/Nollenberger) I. PACUR ANNEXATION The petitioner is proposing direct annexation (by unanimous approval) of approximately 15.877 acres of land currently located in the Town of Oshkosh. Mr. Nau presented the item and reviewed the site and surrounding area as well as the land use and zoning classifications in said area. He discussed the land disposition of the rail spur that was approved at a previous meeting which is related to this request as it will allow for the future expansion of the Pacur plastics manufacturing facility to the south. He further stated that the request was reviewed by the Department of Public Works and the Oshkosh Fire and Police Departments who do not have any concerns with providing services to this property as all of the surrounding properties are already located in the City. Motion by Vajgrt to approve the Pacur Annexation. Seconded by Nollenberger. Motion carried 6-0. II. VACATION OF DAKOTA STREET RIGHT-OF-WAY NORTH OF W. 3RD AVENUE City Administration requests the vacation of a portion of Dakota Street Right-of-Way. Mr. Krumenauer presented the item and reviewed the site and surrounding area and explained that there were a few adjustments to the staff report regarding the right-of-way width and total square footage of the area proposed to be vacated due to discrepancies in the geographical information system. He reviewed the figures that required adjustment and stated that they would be corrected prior to the item going forward for action by the Common Council. He also explained the reasoning for the vacation request. Bernard Pitz, 459 Church Avenue, stated that he used to own the land to the west of the subject site and the City acquired it through the eminent domain process. He further stated that the City changed the zoning classification of the property and offered him less money for the land than it was worth and he was therefore pursuing a lawsuit regarding this matter. He felt the Plan Commission should hold __________________________________ Plan Commission Minutes 2 June 3, 2014 off on taking any action on this matter until the legal issues are settled as he felt he was not compensated a fair price for his land and that the City is trying to steal his property. There was no discussion on this item. Motion by Bowen to approve the vacation of Dakota Street right-of-way north of W. 3rd Avenue. Seconded by Vajgrt. Motion carried 6-0. III. CONDITIONAL USE PERMIT/PLANNED DEVELOPMENT TO ALLOW FOR PLACEMENT OF A COMMUNITY GARDEN LOCATED ON THE NORTHEAST CORNER OF CENTRAL STREET & WEST PARKWAY AVENUE The applicant is requesting two actions within this petition: A. Conditional Use Permit for a community garden use on a vacant parcel located at the northeast corner of Central Street & W. Parkway Avenue; and B. Planned Development approval for placement of a community garden on a vacant parcel located at the northeast corner of Central Street & W. Parkway Avenue. Ms. Williams presented the item and reviewed the site and surrounding area as well as the zoning classifications and land use in said area. She stated that the home was demolished in 2011and the land was vacant and owned by the City of Oshkosh Redevelopment Authority (RDA). The Middle Village Neighborhood Association was proposing to establish a community garden on the site and reviewed photos of the site’s existing condition as well as the proposed site plan for the community garden. The garden area was to be used by residents and was identified as a goal within the Middle Village Neighborhood Plan which was approved by the Common Council in March of 2014. She discussed the proposed signage and greenhouse structure to be placed on the site and that the subject site was to be maintained by the Middle Village Neighborhood Association who will be requesting funding from the Great Neighborhoods Program to complete site improvements. This community garden use will be reviewed annually by the RDA for approval of the continued use and she reviewed photos of the site design concept. She also stated that this use was consistent with the Middle Village Neighborhood Plan and reviewed the conditions for this request which included one additional condition that was not included in the staff report that required a base standard modification for a substandard setback for the greenhouse and signage placement. Mr. Hinz arrived at 4:10 pm. Mr. Fojtik questioned if these conditions were standard for any community garden use. Ms. Williams responded affirmatively and stated that they were the same conditions that were recommended for the Jefferson Street community garden that received approval a few years ago. Tony Palmeri, 212 W. Parkway Avenue, stated that the Plan Commission recently approved the Middle Village Neighborhood Plan and both this request and the following one were core to this plan. He felt the neighborhood residents would do a good job of maintaining the site and stated that the Jefferson Street site was very popular. He was looking forward to the support of the Plan Commission for these two requests. Motion by Vajgrt to approve a conditional use permit/planned development to allow for placement of a community garden located on the northeast corner of Central Street and W. Parkway Avenue with the following conditions: __________________________________ Plan Commission Minutes 3 June 3, 2014 1. Community garden approval is contingent upon City of Oshkosh Redevelopment Authority approval and will be required on a yearly basis. 2. Base standard modification to allow substandard setback of the greenhouse/shed and neighborhood identification signage as proposed. 3. Applicant is responsible for maintenance of the subject site including mowing, trimming, weeding and keeping the site as orderly as possible. 4. Any changes to the garden plan must be approved through the Planning Services Division. 5. If a compost area is to be provided, it shall be placed in such a way as to be out of sight as much as possible and be enclosed to prevent rodents. Final design/placement to be approved by the Planning Services Division. 6. Final design of structures, signage and landscaping to be approved by the Planning Services Division. 7. Applicants will be required to develop rules and procedures for garden users. Rules will have final approval by the Planning Services Division. Rules and regulations must include, but are not limited to, the following: a. Community garden is to be used for recreational gardening and for personal or family use. Only off-site commercial sales are allowed. b. Participants may garden during daylight hours only. c. Gardeners are to supply their own tools, water cans, etc. and these items are not to be left on site. d. Pets are not allowed in the garden area, except for service animals. e. Any debris and trash, other than compost materials, will be removed from the site daily. f. Gardeners are responsible for end-of-season clean up and to leave soil as they found it at the beginning of the growing season. Gardeners will remove all non-plant material, including weed-block fabric, plastic pots, wire tomato cages, stakes, tools, etc. at the end of the season. g. Parking is not permitted on site. Seconded by Lowry. Mr. Nollenberger commented that he felt this was a fabulous idea. Mr. Hinz questioned if the additional condition needed to be addressed separately. Mr. Fojtik responded that the revised conditions were included in the original motion. Motion carried 7-0. IV. CONDITIONAL USE PERMIT/PLANNED DEVELOPMENT TO ALLOW FOR PLACEMENT OF AN URBAN GREEN SPACE LOCATED ON THE SOUTHEAST CORNER OF FRANKLIN STREET & IDA AVENUE The applicant is requesting two actions within this petition: A. Conditional Use Permit for urban green space use on a vacant parcel located at the southeast corner of Franklin Street & Ida Avenue; and __________________________________ Plan Commission Minutes 4 June 3, 2014 B. Planned Development approval for development of an urban green space on a vacant parcel located at the southeast corner of Franklin Street & Ida Avenue. Ms. Williams presented the item and reviewed the site and surrounding area as well as the zoning classifications and land use in said area. She stated that the home on the site was razed due to fire damage and the establishment of the urban green space was to provide a “park-like” environment on the subject site as a community building concept. She reviewed the site plan for the proposed urban green space and reviewed examples of the informational kiosk and play equipment. As with the previous request, the urban green space was to be maintained by the Middle Village Neighborhood Association who will be requesting funding from the Great Neighborhoods Program to complete site improvements and will be reviewed annually by the RDA for approval of the continued use. Residents of the neighborhood are in support of the concept and staff discussed it with the neighbor to the south of the subject site and he was agreeable to the proposed use. She also reviewed the conditions recommended for this request. Lori Palmeri, 212 W. Parkway Avenue, stated that she was the coordinator for Middle Village Neighborhood Association and that the neighbors and she had “bumped up” this action to move it forward as it was an integral part of the Middle Village Neighborhood Plan and they would appreciate the support of the Plan Commission for this request. Erik May, 622 Franklin Street, stated that he was the resident to the south of the subject site and he felt the park was an excellent idea as the neighborhood had a large population of children in the area and he also thought that it may provide a method to prevent additional pedophiles being placed in the neighborhood. He did have some concerns with the maintenance of the site and with damage to his property and felt that a privacy fence along the property line in lieu of shrubbery or landscaping would help seclude the green space from his residence. Motion by Vajgrt to approve a conditional use permit/planned development to allow for placement of an urban green space located on the southeast corner of Franklin Street and Ida Avenue with the following conditions: 1. Urban Green Space approval is contingent upon City of Oshkosh Redevelopment Authority approval and will be required on a yearly basis. 2. Applicant is responsible for maintenance of the subject site including mowing, trimming, weeding, snow removal, and keeping the site orderly. 3. Any changes to the green space plan must be approved by the Planning Services Division. 4. All landscaping must be outside of the vision triangle and must not exceed height requirements. 5. Final design of structures and landscaping to be approved by the Planning Services Division. 6. Base standard modification to allow substandard setback of the informational kiosk and play equipment as proposed. 7. Applicants will be required to develop rules and procedures for green space users. Rules will have final approval by the Planning Services Division. Rules and regulations must include, but are not limited to, the following: a. Urban green space is to be used for personal or family use. b. Urban green space must be used during daylight hours only any day of the week. c. Neighborhood Association must supply their own tools, water cans, etc. and these items are not to be left on site. __________________________________ Plan Commission Minutes 5 June 3, 2014 d. Pets are not allowed in the green space area, except for service animals. e. Any debris and trash, other than materials, will be removed from the site daily. f. Parking is not permitted on site. Seconded by Bowen. Mr. Fojtik questioned how the request would be handled regarding protection for the neighbor’s home and the suggestion of utilizing privacy fencing instead of landscaping between the lots. Ms. Williams responded that the Middle Village Neighborhood Association will be working with a landscaping designer on the development of the site and the details could be worked out regarding the use of fencing and other concerns prior to moving forward with the proposed project. Motion carried 7-0. There being no further business, the meeting adjourned at approximately 4:27 pm. (Vajgrt/Hinz) Respectfully submitted, Darryn Burich Director of Planning Services