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HomeMy WebLinkAboutMinutes Plan Commission Minutes July 1, 2014 1 PLAN COMMISSION MINUTES JULY 1, 2014 PRESENT: David Borsuk, Ed Bowen, Jeffrey Thoms, Thomas Fojtik, John Hinz, Steve Cummings, Kathleen Propp, Robert Vajgrt, Karl Nollenberger EXCUSED: Donna Lohry STAFF: Darryn Burich, Planning Director; David Buck, Principal Planner; Jeffrey Nau, Associate Planner; Elizabeth Williams, Assistant Planner; Benjamin Krumenauer, Assistant Planner; Darlene Brandt, Recording Secretary Chairman Fojtik called the meeting to order at 4:00 pm. Roll call was taken and a quorum declared present. The minutes of June 17, 2014 were approved as presented (Vajgrt/Borsuk) I. Extraterritorial Land Division / 2062 Roberts Avenue, Town of Oshkosh Dale and Karon Borkowski, owners, are proposing to create a two lot land division at 2062 Roberts Avenue in the Town of Oshkosh. Mr. Nau presented the item and indicated it is the owner’s intention to construct a new single family home on proposed Lot 1. The proposal is consistent with the City's Comprehensive Plan and staff has no concerns with parcel sizes or layout. Mr. Nau stated the Department of Public Works reviewed the proposal and commented that drainage easements may be required per Winnebago County requirements. Public Works is also suggesting that the existing well and septic system serving the existing house and all paved surfaces also be shown on the survey map. Mr. Nau noted Public Works' comments would be forwarded to Winnebago County. Mr. Thoms inquired if there are any concerns with a residence on proposed Lot 1 relative to emergency service. Mr. Nau stated not from a City standpoint as emergency service would be provided by the Town of Oshkosh. Mr. Jim Erdmann, Town of Oshkosh Chairman, stated the property will require a rezoning from the Town to a residential classification. (John Hinz arrived at this time) Motion by Propp to move approval of the extraterritorial land division as requested. Seconded by Vajgrt. Motion carried 9-0 Plan Commission Minutes July 1, 2014 2 II. Conditional Use Permit for Exception to Downtown Overlay District Design Standard Provisions / 401 North Main Street Baerbrother LLC, owners, are requesting a conditional use permit for an exception to the building design standards of the Downtown Overlay District to replace windows on the second story apartments with windows that do not match the historic windows in size, shape and arrangement of panes and materials. Mr. Buck stated the property at 401 North Main Street contains the New Moon Cafe in the first floor, and apartments in the upper floor. The building is located in the National Register North Main Street Historic District and is considered a pivotal structure. After receiving complaints from the upstairs tenants regarding the poor condition of the windows in keeping out the cold last winter, the owners contacted Lueck's Home Improvements to assess the condition of the existing upper floor windows. Lueck's determined the windows were in poor condition and that 22 of the 23 windows be replaced. The existing windows are 101 inches in length with an arched top and the owner feels to replace the windows with the same size would be cost prohibitive. Lueck's proposal is to install 72 inch vinyl double hung windows with a 26 inch fixed transom glass section at the top with filler to square off the arched top. In reviewing the request, Mr. Buck noted staff analyzed the window replacements from the standpoint of the buildings architectural integrity and style, as well as the character of the Main Street/Algoma Blvd. streetscape and overall conditions of other buildings in the downtown area, specifically window replacements that had been completed in the past. Staff supports the exact window replacement exception as the petitioner is attempting to retain as much of the architectural integrity as possible. The impact of the replacement windows is considered to be minimal as the structures window openings will remain intact providing the ability to replace them with specialty windows in the future. In reviewing other buildings in the downtown, Mr. Buck noted many of the historic buildings contain arched upper story windows that have been replaced utilizing different window styles and fill for the arched portions to varying degrees. Mr. Buck stated the Landmarks Commission reviewed the request and they are of the opinion that it is a pivotal building and has significant historic value on both North Main Street and Algoma Boulevard. The Landmarks Commission has requested that the Plan Commission lay over the item to allow Landmarks members to work with the owner in identifying windows that would be a better fit for the building and the Historic District. Mr. Borsuk felt a lot of analysis is based on cost. He asked if we have anything on the cost of the replacement windows as well as alternative options, both actual size and reduced size. He stated that if the Plan Commission approves this exception, is it may be opening itself up for more requests of this nature in the future. Mr. Buck replied no cost estimates were provided by the applicant and that each exception request is reviewed on its own merit. Mr. Buck believed getting the windows ordered is not only a cost issue but a time sensitive matter in order to have them installed prior to next winter. Plan Commission Minutes July 1, 2014 3 Mr. Jeff Lueck, Lueck's Home Improvement, 706 South Main Street, stated the original windows were probably original and installed in the 1800's. He stated they do not stay open and are very cold in the winter. An estimate to replace the windows to match the originals would be around $100,000. Lueck's replacement proposal for vinyl windows is around $20,000 and the window order will take anywhere from 12-16 weeks to fill. Mr. Aaron Baer, 940 Monroe Street, owner, indicated the average heating bill last year was $895 per month. He indicated he considered historic replacement windows, but the cost was too high. He noted he needs to do something soon or lose his tenants. Mr. Bowen inquired what the Landmarks intention on the layover was -- two weeks, 30 days, or longer. He also asked what impact this will have on getting the work done. Mr. Buck stated their intent was to layover until other cost estimates could be obtained for alternate proposals or even using 101 inch replacement windows and then review the options. Mr. Borsuk felt the request should be laid over for 30 days to obtain cost estimates. He asked if there were a lack of vendors to provide the windows and if there is an issue with the internal review process and variance request process. Mr. Cummings felt that when you purchase a historic building you have obligations to maintain the historic character and integrity of that building, as well as the historic value as it is a community cultural and economic asset. He stated that the condition of the windows did not happen over night. He supported a 30 day lay over. Ms. Propp asked if the Commission was putting a greater onus on this request from any other exception request. She asked if the owners would spend $100,000 on exact replacement windows and felt they would probably not. She felt a 30 day lay over was too long but would support a 2 week lay over because of building season and approaching winter. Mr. Hinz stated the owners submitted black and white pencil type drawings and that other applicants have been asked to provide more descriptive visual photos/diagrams/elevations. He was concerned that this could be setting a precedent that applications will come in without sufficient supporting documentation. Mr. Hinz indicated he would support a 2 week layover. Mr. Thoms stated his concern that no one from the Landmarks Commission was present to state their position. With regard to the process, the Plan Commission and Council approved the ordinance and process and that if it wasn't liked, it should have been addressed at that time. He stated that the Plan Commission needs to look at what is best for the building, what is affordable for the owner, and what still maintains the integrity of the building. He asked if it was only good for certain projects to say that cost makes it prohibitive and that it is generally not a consideration when it is the cost of landscaping. He stated that this situation may be different because it is an historic building but the Commission needs to be consistent with its reviews. He felt a 2 week layover is pushing the timeframe to get the project completed before winter. Motion by Bowen to lay over the request until July 15 meeting to allow applicant to work with staff and Landmarks Commission on best alternative for the windows. Seconded by Propp. Motion carried 9-0. Plan Commission Minutes July 1, 2014 4 III. Conditional Use Permit for Exception to Downtown Overlay District Design Standard Provisions / 570 North Main Street J West Rentals, LLC, owner, requests an exception to the building design standards of the Downtown Overlay District to remove an existing double door entrance, replace a single door entrance with the double door entrance, relocate an existing awning and replace two thirds of the exterior insulation and finishing system with glass windows and a faux garage door. Mr. Buck stated this is also contributing property within the North Main Street Historic District and was the site of Gibson Auto Exchange, which was constructed about 1921. The front facade has been significantly altered over the years, with the removal of glass window storefront and garage door and the placement of a double door entry, two awnings and an exterior insulation and finishing system first floor façade with three fixed windows. Mr. Buck stated the applicant is proposing to remodel the interior with the area adjacent to the entrance being used for dry storage and a walk-in cooler for the existing bar/ restaurant. With the interior work, four exterior alterations/changes are being proposed that will require exceptions to the design standards. The four exterior changes include: 1) removal of the existing double door entrance on the north and replacing it with a faux wood garage door, which is consistent with garage service doors of that era; 2) Replacement of the single door entrance on the south with a double door entrance. This change will make these doors the only entrance to the business. Handicap accessibility improvements will also be included in this modification; 3) Relocation of an existing wide signed awning from the north entrance to the south entrance. With the relocation of the double door entrance to the south entrance, the petitioner proposes to move the awning from the north entrance to the south entrance, and remove the single door awning on the south; and 4) Replace two-thirds of the exterior insulation and finishing system (EIFS) with glass storefront windows. The original historic storefront consisted of a set of four full story glass windows separated from the rest of the building with vertical columns. The current storefront consists of 3 smaller square windows and the applicant proposes to remove 2 of the windows and install four windows that would be similar in design to the historic storefront look. One small square window is proposed to remain as this area is adjacent to the kitchen. Regarding the doors, Mr. Buck felt the faux wood door on the north and the double door entrance on the south would greatly improve the looks of the exterior and bring it closer in looks to its original historic appearance. Regarding the awnings, Mr. Buck noted that both awnings are considered legal non-conforming. Removing the smaller of the awnings will bring the property closer to compliance. If approved, the double wide awning could be moved to the south entrance and retain a legal nonconforming status thereby requiring it to be removed or brought into compliance with the code if the awning were to be damaged or replaced in the future. Regarding the front window replacement, Mr. Buck expressed staffs opinion that unless all the exterior insulation and finishing system were removed in its entirety and the storefront windows installed across the center section of the building that, even though the new windows would be more historic in nature, that leaving one window surrounded by exterior insulation and finishing system Plan Commission Minutes July 1, 2014 5 would appear piecemeal or incomplete in appearance and that staff would recommend the center section of the façade remain as-is if not done comprehensively. Mr. Buck noted the Landmarks Commission reviewed the request and agree with staff’s assessment of the improvements. The Landmarks Commission suggested that the owner contact Bergstrom's who may have a picture of the original Gibson Auto Exchange storefront, which might be helpful as the applicant makes the exterior improvements, especially the choice of the faux garage door. Mr. Borsuk inquired what is being done with the sign on the front? Mr. Buck replied that was not included as part of this request and that the sign would remain until the owner replaces it. Mr. Thoms stated staff is looking at the historic value of the property. The awnings and existing sign are not historic. With the improvements being made, could the existing sign be changed to what a 1920s style sign would have looked like? Mr. Buck stated it is possible; however, the applicant has not included the sign in the request that is currently before the Plan Commission and as it is not being modified that it would remain legal nonconforming. Mr. Jeremy West, owner, stated he has decided to remove all the exterior insulation and finishing system with the three fixed windows on the front and replace with full front glass windows as long as the window by the kitchen area can be blacked out/opaque. Mr. Vajgrt inquired what the building’s capacity was? Mr. West replied 300. He indicated he is working with Omnni Glass on the windows. He is not sure if there will be 4, 5 or 6 windows now, but the entire center section of the storefront will be glass windows. Motion by Vajgrt that the proposed exterior improvements request for exceptions to the building design standards of the Downtown Overlay District is approved with the following condition and is consistent with Section 30-11(D) of the Zoning Ordinance: 1) The entire center facade area is redeveloped with full story spandrel glass or storefront glass tinted as to be opaque on that portion that abuts the kitchen. Seconded by Propp. Motion carried 9-0 (Mr. Bowen left the meeting at this time) IV. Planned Development Review, Expansion of UW-Oshkosh Women's Center at 717 West Irving Avenue HGM Architecture, petitioner; UW-Oshkosh, owner, is requesting planned development review to expand the existing Women's Center building. Ms. Williams stated the building in question is the former Newman Center, purchased by the University in 2003 for use as a Women's Center to provide a variety of services and programs that are open to students, faculty and community members. The proposed 293 square foot addition will be located at the northeast corner of the building. The addition will allow for an ADA accessible entry to the lower level eastern wing of the building. Due to the existing substandard setbacks, the Plan Commission Minutes July 1, 2014 6 addition will encroach further into the setback and require a base standard modification of 6 feet 2 inches. The design and materials will be consistent with the existing building. There was no discussion on this item. Motion by Nollenberger to approve the planned development expansion of the UW-O Women's Center as requested with the following condition: 1) Base standard modification for the front yard setback (west Irving Avenue) from 25 feet to 6 feet 2 inches. Seconded by Vajgrt. Motion carried 8-0. V. Development Plan Review for Commercial Strip Center / 1500 Block South Koeller Street 2323 East Capital LLC, owner, is requesting planned development review to construct a two tenant commercial building/strip center, outdoor patio/seating area, ATM, drive-thru and associated amenities in front of the Market Fair Center. Mr. Krumenauer stated the shopping center consists of Best Buy, Party City, Cousin's Subs, and a variety of smaller businesses and vacant store fronts. It is proposed to raze the existing ATM and construct a 5,200 square foot two tenant commercial building to include an ATM, outdoor patio/seating area, drive-thru and associated amenities. The applicant is proposing to connect the site to the Koeller Street sidewalk via an internal walkway from the building to Koeller. Adequate parking will be retained on the overall property. Signage will be on the front of the building and on the shopping center’s multiple tenant ground sign. No base standard modifications are being requested. There was no discussion on this item. Motion by Vajgrt to move approval of the planned development to construct a two tenant commercial building in Market Fair Center with the following condition: 1) A landscape plan be submitted for Site Plan Review Committee approval that includes: a) Additional parking row landscape buffer b) Landscape surrounding outdoor seating/patio area c) Additional landscaping be installed to account for the loss of existing landscaping Seconded by Cummings. Motion carried 8-0. Plan Commission Minutes July 1, 2014 7 VI. Planned Development Amendment Relative to Construction of Detention Basin / 3735 South Washburn Street Tony Welnicke, applicant/owner (d/b/a Big Rig Chrome Shop), is requesting an amendment to the previously approved planned development to allow the installation of riprap versus planting emergent plants and native plants for a natural style detention basin. Mr. Krumenauer stated a planned development was approved in 2012 for construction of a retail store, detailing and service shop specializing in modifying semis and trailers. One of the conditions of approval was that a natural style detention basin be utilized involving planting of emergent plants in the safety shelf and native plants on the side slopes. The applicant did not follow this condition and installed riprap and is now requesting an amendment to allow the riprap to remain. Natural designs and standard City policy require that detention basins not have riprap installed on or above the safety shelf. Staff does not support this request and is recommending denial. Mr. Krumenauer noted that when reviewing the request and site, it was also found that the landscaping plan approved by Site Plan Review Committee at the time of permit issuance was not followed and several modifications were made to amenities without notifying the City or seeking approval. Mr. Tony Welnicke, owner, Big Rig Chrome, stated the landscaping needed to be finished and that it wasn't finished last year due to the late construction of the building but that he intends to complete it. Regarding the detention basin, Mr. Welnicke stated he does not like the look of natural 'weeds' so installed riprap instead. He distributed pictures of several detention basins with riprap and others with natural plants (on file at the Planning Division office), but felt the ponds with riprap looked nicer. Mr. Borsuk inquired if Mr. Welnicke was aware of the detention design condition when the basin was built. Mr. Welnicke replied he was not aware of it at the time of construction but when the issue came up, he searched through the paperwork and found the original approval with the conditions. Mr. Thoms inquired when the landscaping could be completed. Mr. Welnicke replied that it could be fairly quick however he would like to work with staff on perhaps modifying the landscape plan/plant quantities due to unanticipated impacts on the site. Mr. Borsuk stated the condition was applied at the Planned Development review and site plan review. It is unfortunate the contractor or owner did not see this however and he would not support the amendment request. Mr. Thoms felt riprap is more aesthetically pleasing versus 'weeds'. He could not speak to water quality, but did not believe water was getting into Lake Winnebago from this site. He stated that several properties have riprap and do not appear to have waterfowl present. Plan Commission Minutes July 1, 2014 8 Mr. Gohde pointed out that discharge from this lot does go to Lake Winnebago. He added that vegetation filters water and traps particles before getting to the Lake. This being a new development, it does not assist the City in meeting our regulatory obligations. Mr. Thoms felt this is an isolated instance of not following approvals. Ms. Propp felt that if the Commission approves this amendment, it sends a message that contractors/owners can do whatever they want regardless of the conditions of approval. Motion by Borsuk to for approval to amend the planned development at 3735 South Washburn to allow riprap around the detention basin versus natural emergent and native plants. Seconded by Cummings. Motion Denied 2-6 (Aye: Thomas, Vajgrt. Nay: Borsuk, Fojtik, Hinz, Cummings, Propp, Nollenberger). VII. Comprehensive Plan Land Use Map Amendment/ USH 45, County Road Y, Ryf Road and State WIOUWASH Recreational Trail Daniel Gringoli, Go Green Properties, LLC, petitioner, is requesting an amendment to the land use map of the Oshkosh Comprehensive Plan to change the designated land use from residential to commercial. Mr. Nau stated the applicant desires to purchase the 2.8 acre parcel at the corner of CTH S, CTH Y and STH 45 to construct a commercial building for his business (PuroClean Disaster Recovery) and possibly a microbrewery. The property is located within the Town of Oshkosh. The City's 2005 Comprehensive Plan designates the land uses for this area as residential. Based on existing residential uses in the area and a future Oshkosh school, a residential land use appeared reasonable at that time. Since USH 45 was reconstructed and relocated within the last few years, commercial businesses, mini warehousing and other non-residential uses have been built in this area. Based on these factors, staff reviewed the entire area from Ryf Rd on the south, CTH Y on the north, CTH S on the west and STH 45 on the east to determine if the City's land use designation for this area should be changed to correspond with the Town's commercial land use designation. The area contains 11 single family parcels, a stand alone accessory structure, mini warehousing, contractor yard and several vacant/undeveloped parcels and remnant parcels owned by Wisconsin DOT. This entire area has a land use designation of residential with one small section having an industrial designation. Based on the roadway system as developed, existing uses, and anticipated uses on nearby properties, staff is recommending the land use designation of this entire area be changed to commercial. Mr. Nau noted the commercial land use designation would not impact the existing residential uses due to the Town's base zoning on the properties and any zoning district changes will require Town of Oshkosh approval. Mr. Brian Bradley, 4330 County Road S, stated several of the property owners in this area would like to see their home values remain the same. Businesses in this area would impact the residences. He did not support this request. Mr. Dave Jacobson, 4300 County Road S, did not believe this request would impact his home. It is evident things will change in the future; probably to commercial uses. Plan Commission Minutes July 1, 2014 9 Mr. Tom Haber, 4325 County Road S, stated there have been problems with wells in this area for some time. A microbrewery could increase water problems for the residents. He stated he did not support this use. Mr. Dan Dringoli, 477 Dutton Road, stated the 2.8 acre site has gone down in price since it has been on the market. If this lot has any substantial value as residential due to its location, he could not see it. Unless the Town is looking to create a park on the parcel, he did not believe residential was an option for this parcel. He noted that his business is no different than the other small commercial businesses in the area. The adjacent WIOUWASH Trail is an attribute to the site for a microbrewery. He was not certain, however, if the microbrewery would be built if there are water problems. He would have to investigate that issue further. Mr. Jim Erdmann, Town of Oshkosh Chairman, stated the City supported the Town's commercial land use designation in 2002. The City approved its residential and industrial land use designations for this area in 2005 probably because of the proposed school development that did not happen. The Town supports the map amendment to change the land use from residential and industrial to commercial as it would then comply with their Comprehensive Plan’s Land-Use designation. Ms. Propp stated a workshop had previously been held with the Plan Commission on this item. Motion by Propp to amend the land use designation from residential and industrial to commercial for the area bounded by Ryf Rd., CTH S, CTH Y and USH 45. Seconded by Thoms. Motion carried 8-0. There being no further business the meeting adjourned at approximately 6:40 pm. Respectfully submitted Darryn Burich Director, Planning Services