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HomeMy WebLinkAboutMinutes__________________________________ Plan Commission Minutes 1 July 21, 2015 PLAN COMMISSION MINUTES July 21, 2015 PRESENT: David Borsuk, Ed Bowen, Jeffrey Thoms, Thomas Fojtik, John Hinz, Steve Cummings, Gary Gray, Robert Vajgrt EXCUSED: Kathleen Propp, Donna Lohry, Karl Nollenberger STAFF: Darryn Burich, Director of Planning Services; David Buck, Principal Planner; Brian Slusarek, Planning Technician; James Rabe, Civil Engineer Supervisor; 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 July 7, 2015 were approved as presented. (Vajgrt/Hinz) I. GRANT EASEMENT BEHIND THE BUILDINGS ON WEST SIDE OF THE 500 BLOCK OF NORTH MAIN STREET (DIVISION STREET PARKING LOT) Northern Telecom & Data is requesting granting of an easement behind the buildings on the west side of the 500 block of North Main Street. Mr. Slusarek presented the item and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. He reviewed the easement area and the site plan depicting the proposed easement and the purpose of the request. Mr. Thoms questioned if this easement would extend onto portions of private property. Mr. Slusarek responded affirmatively. Mr. Thoms then questioned if this proposed easement would have a negative impact on any of the affected properties. Mr. Buck responded negatively and stated that there was already an existing easement on the parking lot area behind these properties and the easement area will be within this parameter. Mr. Borsuk commented that there was no mention of regulations regarding contacting Digger’s Hotline or other conditions relating to insurance and other standard conditions. Mr. Buck responded these conditions could be added if the Commission felt it was necessary however this was the standard operating procedure for easement requests. Bill Miller from Northern Telecom & Data stated that the easement may be new however both AT&T and Time Warner already have facilities in this location and their company is basically a part of the 811 system as are the other two mentioned utility providers which include registration with Digger’s Hotline. Mr. Bowen arrived at 4:05 pm. __________________________________ Plan Commission Minutes 2 July 21, 2015 Mr. Burich stated that the standards relating to the conditions discussed are usually placed on privilege in the street requests and are not applied to easement requests. Mr. Gray commented that the staff report refers to the easement being placed along the west property line of the parking lot and questioned if it should be the east property line. It was noted that the staff report was incorrect and would be revised to reflect the correction when the item proceeds to the Common Council. Mr. Borsuk stated that he would like to amend the request to include the standard ten conditions placed on privilege in the street requests. Motion by Vajgrt to approve granting an easement behind the buildings on the west side of the 500 block of N. Main Street (Division Street Parking Lot) with the amendment to include the following conditions: 1. Placement of the underground duct shall be coordinated with the Department of Public Works to prevent conflicts with existing underground utilities. 2. The underground duct is installed in a manner that is approved by the Department of Public Works with no modification or changes in construction procedure without prior approval by the Department of Public Works. 3. If no longer needed, the underground duct be properly abandoned and removed in accordance with City standards and under the direction of the Department of Public Works. 4. Any problem that may arise as a result of placement of the underground duct be the responsibility of the petitioner/owner to correct in coordination with the Department of Public Works. 5. All appropriate permits be obtained prior to the start of placement of the underground duct. 6. The underground duct shall be modified or removed immediately upon request of the City. 7. The petitioner/owner secures and submits to the City Clerk a separate insurance policy which names the City as an additional insured with a minimum coverage of $200,000 per person and $500,000 in general aggregate. 8. It is the responsibility of the petitioner/owner to file in a timely manner a new insurance certificate with the City Clerk upon expiration of an existing certificate. Failure to do so will result in the revocation of the privilege in the right-of-way permit within ten (10) days of notice. 9. The petitioner/owner execute a hold harmless agreement with the City. 10. The facility be part of and documented with Digger’s Hotline system. Seconded by Thoms. James Rabe, Civil Engineer Supervisor, explained that this area was not public right-of-way although it is a city-owned parking lot and that privilege in the street requests were to allow companies to install facilities in areas that would not be allowed as it is designated as right-of-way and therefore required these conditions. This easement request was to provide services to the adjacent properties on Main Street by a utility company that is approved to install facilities in the right-of-way and would not apply in this case. __________________________________ Plan Commission Minutes 3 July 21, 2015 Mr. Burich added that this could be researched for future easement requests and he could obtain an opinion from the City Attorney’s office however these conditions have not been placed on other easement requests in the past. Mr. Borsuk discussed his concerns with right-of-way issues and his reasoning for wanting to place these conditions on easement requests as well as privilege in the street requests and the Plan Commission’s ability to deny this request. Bill Miller from Northern Telecom & Data stated that they were a public utility company which was the same as AT&T or Time Warner Cable and the same stipulations that apply to these companies should apply in this case. Mr. Hinz questioned if the Commission should vote on the amendment brought forward to add the standard privilege in street conditions to this request. After further discussion, the amendment was withdrawn. Motion by Hinz to approve granting an easement behind the buildings on the west side of the 500 block of N. Main Street (Division Street Parking Lot). Seconded by Bowen. Motion carried 8-0. II. GRANT EASEMENTS AT 19 WISCONSIN STREET & 200 N. CAMPBELL ROAD Northern Telecom & Data is requesting granting of easements at the following City-owned properties: A. 200 N. Campbell Road B. 19 Wisconsin Street Mr. Slusarek presented the item and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. He reviewed the site plan depicting the proposed easements and explained the purpose of the easement requests. There was no discussion on this item. Motion by Vajgrt to approve granting easements at 19 Wisconsin Street & 200 N. Campbell Road. Seconded by Gray. Motion carried 8-0. III. EXTRATERRITORIAL LAND DIVISION/CERTIFIED SURVEY MAP AT THE NORTHWEST CORNER OF N. MAIN STREET AND W. PACKER AVENUE IN THE TOWN OF OSHKOSH The owner/petitioner is requesting a two-lot land division/certified survey map from one existing parcel (part of Lot 3, CSM 1424) containing a total of 3.2848 acres. Size of the proposed lots is as follows: Lot 1 = 1.2848 Acres Lot 2 = 2.0000 Acres Mr. Buck presented the item and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. He explained the reason for the land division which was for the Oshkosh Kennel Club to construct a parking lot on proposed Lot 1 and stated that the request is __________________________________ Plan Commission Minutes 4 July 21, 2015 consistent with the City’s Comprehensive Plan and meets the minimum lot size requirements of the Town of Oshkosh and Winnebago County. He also reviewed the certified survey map depicting the land division. Mr. Thoms questioned what the zoning classification was for the land area proposed to be divided. Mr. Buck responded that the land possessed a Town of Oshkosh zoning classification of M-1 Light Industrial District. Mr. Thoms then questioned if the zoning classification would have any impact on the certified survey map and the proposed use of construction of a parking lot. Mr. Buck indicated that since this property is not within the City limits, the proposed use would require the approval of the Winnebago County Zoning office. Mr. Borsuk commented that it appeared that the land occupied by the Oshkosh Kennel Club was two separate parcels and he felt that a condition should be added to require the parcels be combined. Mr. Buck responded that this condition would be outside of the sphere of review for the Plan Commission as this was an extraterritorial land division and the proposed lots consistency with the Comprehensive Plan and minimum size requirements are appropriate. Mr. Burich added that with extraterritorial land divisions the Plan Commission needs to determine if it is consistent with the City’s land division criteria. The City cannot deny such requests based on criteria such as inconsistent land use and is very limited by the current legislation in place to deny these requests and discussed the situations that would allow such a denial. Motion by Vajgrt to approve the extraterritorial land division/certified survey map at the northwest corner of N. Main Street and W. Packer Avenue in the Town of Oshkosh. Seconded by Hinz. Mr. Borsuk inquired if the City’s design standards would be referred to the Town regarding the development of a parking lot on Lot 1. Mr. Burich explained the regulations regarding land divisions within the City’s extraterritorial review area and why the City cannot apply its standards to Town parcels. Motion carried 7-1. (Ayes-Bowen/Thoms/Fojtik/Hinz/Cummings/Gray/Vajgrt. Nays-Borsuk.) IV. BUILDING ELEVATION AND SIGN REVIEW FOR A BANK FIRST NATIONAL DEVELOPMENT AT THE SOUTHWEST CORNER OF PEARL AVENUE AND JACKSON STREET IN THE MARION ROAD REDEVELOPMENT AREA A planned development for construction of a bank development with drive-thru was approved at this location on January 27, 2015. Conditions of approval included that the final building elevations and sign package be brought back to the Plan Commission for review and final approval prior to the issuance of building permits. The petitioner has submitted the proposed bank’s building elevations and two monument signs to meet the conditions of approval. __________________________________ Plan Commission Minutes 5 July 21, 2015 Mr. Buck presented the item and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. He reviewed the planned development approval for the bank in January of 2015 and discussed the past history of the site. He also reviewed the submitted building elevations and sign package and the approved site plan for the development as well as conceptual renderings of the bank. He discussed the building elevations in greater detail including proposed building materials, windows, roofing and other features of the structure. He also displayed the site plan depicting the location of two monument signs and the proposed wall signage and reviewed renderings of the signs. He explained that the monument signs would be housed in internally illuminated cabinets and discussed the condition recommended for this request to require the lower sections or base of each sign to be clad in a stone veneer matching the building’s exterior. The wall signage appears to be within the City’s code requirements for the C-3 zoning designation. Mr. Thoms questioned the location of the utility screening for the mechanical portions of the structure. Mr. Buck responded that this aspect of the development would have been discussed as part of the original approval of the project and it would be required to meet standard City code requirements as there was no base standard modification approved for any exception. He also noted that the dumpster enclosure materials would match or compliment the main building’s materials which was also a condition of the original approval. Mr. Borsuk questioned which rendering of the building would depict the view from Jackson Street. Mr. Buck again reviewed the renderings of the bank development and determined which view would be from Jackson Street and which view would be from Pearl Avenue. Mr. Borsuk stated that he wanted to ensure that the building’s front elevation was facing Jackson Street and questioned where the entrance was located on the east elevation. Mr. Buck responded that an entrance was not present on this rendering on that façade. Mr. Gray discussed the entrance facing the street for this development and questioned how the updated Zoning Ordinance would affect it. Mr. Buck responded that the development would meet code requirements under the new Zoning Ordinance. Mr. Gray discussed the photos received in the Plan Commission board packets which are black and white and requested that colored copies be used in the future. He also inquired about how the Commission can be sure that the developer constructs the project as approved. Mr. Buck replied that the Site Plan Review Committee has the responsibility of reviewing the final plans prior to building permits being issued and this is an enforcement issue handled by City staff. Mr. Burich added that the Site Plan Review Committee is administered by the Planning Services Division and reviews the approved resolution for the development compared to the submitted building plans to ensure that all requirements and conditions of approval are met. Mr. Buck stated that regarding the renderings of developments in the Plan Commission board packets are black and white as reproducing these images in color would be very expensive and time consuming and that the colored images of the renderings could be viewed on the City’s website. __________________________________ Plan Commission Minutes 6 July 21, 2015 Mr. Gray also questioned if the illuminated signs would be lit 24 hours a day or only during regular business hours. Mr. Buck responded that he was not aware of what hours the illuminated signs would be on however it would be required to meet the lighting code standards of the city. Mr. Thoms inquired if the location of the sign located at the intersection of Pearl Avenue and Jackson Street would create any visibility issues. Mr. Buck responded negatively. Mr. Cummings commented that the color sample boards that have been provided in the past to the Plan Commission and Common Council were more helpful than just photographs of the proposed structure. Motion by Vajgrt to approve the bank’s building elevations and two monument signs with the following condition: 1. Lower sections/base of each sign is clad in a stone veneer matching the building’s exterior. Seconded by Borsuk. Mr. Hinz commented that he felt that this development plan was greatly improved from its original submission. Mr. Gray stated that he felt the applicant did a good job to develop a difficult site. Motion carried 8-0. V. DEVELOPMENT PLAN REVIEW FOR THE RECONSTRUCTION OF THE PARKING FACILITY FOR THE OSHKOSH SENIOR CENTER AT 200 N. CAMPBELL ROAD This item was withdrawn from the agenda VI. REVIEW OF 2014 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Due annually 90 days after the end of the Program Year (which is April 30), the City is required by the U.S. Department of Housing and Urban Development (HUD) to prepare an annual Consolidated Annual Performance and Evaluation Report (CAPER). Ms. Brandt presented the Consolidated Annual Performance and Evaluation Report for the period of May 1, 2014 through April 30, 2015 summarizing accomplishments and detailing how funds received from HUD were expended. Funding is received annually from HUD based on census data and is required to be utilized on programs benefiting low to moderate income objectives such as housing, economic development, public services/facilities, acquisition and demolition, and planning/administration. Available funding for 2014 was $936,650 comprised of $735,085 of grant funding and 201,565 of program income with expenditures totaling $861,690 with a percentage of __________________________________ Plan Commission Minutes 7 July 21, 2015 94.79% of current funding expended to benefit low and moderate income. Ms. Brandt explained some of the projects these funds were utilized to support such as housing rehabilitation projects, homebuyer assistance program, lead abatement grants, rental rehabilitation, and neighborhood initiatives/services. She also summarized the amounts granted to local public service sub recipients and total planning and administration expenditures. She also discussed the carryover of funds from last year and why this occurs. Ms. Brandt stated that the full CAPER report has been prepared and will be submitted to HUD, who will perform a comprehensive review of the program activity. A copy of this report is available in the Planning office, library or online for anyone who wishes to review it. Mr. Gray inquired if the $861,000 expended was for one year or three years. Ms. Brandt responded that it was for a one year period from May 1, 2014 through April 30, 2015. Mr. Gray then inquired if the impediments to fair housing choice listed on page 4 would be addressed by staff. Ms. Brandt indicated that HUD will be updating documents on how to address these items and staff will be working with the Common Council on this issue. Mr. Gray questioned if the properties listed on page 35 as acquired were going to be rehabilitated. Ms. Brandt replied that they were vacant properties that the City has acquired with the intention of developing a larger area for offer for redevelopment and the City is waiting for the opportune time to sell these lots for redevelopment purposes. Mr. Gray inquired if progress would be moved forward more quickly if more money was available to fund this effort. Ms. Brandt responded affirmatively and stated that most of these properties were blighted to the degree that the structures had to be demolished. Mr. Gray then inquired if additional funding would help in the rehabilitation of these homes. Ms. Brandt responded negatively and stated that the cost to rehabilitate these homes was too great. Mr. Burich added that it depends on the situation and that additional funding would help in some cases however the state of blight of some of these properties made them unsalvageable. Mr. Gray commented that placing these properties back on the tax rolls would be better for the city and questioned if there was money available for just city-owned properties or if this money was available to assist private property owners with rehabilitation funds. Ms. Brandt responded that there was 15 to 20 private properties funded each year for rehabilitation projects through the owner-occupied rehabilitation program. Mr. Gray questioned if the city addresses interior projects or was the funding just available for exterior rehabilitation. Ms. Brandt indicated that the owner-occupied rehabilitation program addressed both interior and exterior repairs that would bring the home up to current housing code standards. __________________________________ Plan Commission Minutes 8 July 21, 2015 PLANNING DIRECTOR’S REPORT Mr. Cummings left at 4:55 pm. Mr. Buck reported that six sections of the Zoning Ordinance update have been reviewed by both the working group and Plan Commission at this point and that there were five sections left to address. He further stated that all sections have been drafted in some form and discussed which sections would be coming forward in the next few months. The entire document will be compiled after the remaining sections have been reviewed by both entities and would be presented for review comments. Mr. Bowen questioned when the final product would be done. Mr. Burich responded that the Zoning Ordinance update should be completed by the end of the year and staff is attempting to meet every month with the working group and Plan Commission to present and review completed sections. Mr. Burich reported that the Murdock Avenue Road Diet was referred back to the Transit Advisory Board for further review. Mr. Buck stated that the Transit Advisory Board approved the removal of the bike lanes from Murdock Avenue and approved the road diet citing safety issues as the main concern. He further discussed the Bicycle and Pedestrian Plan and the routes that were intended to be added to connect bike lanes from one area of the city to another. There being no further business, the meeting adjourned at approximately 5:02 pm. (Vajgrt/Hinz) Respectfully submitted, Darryn Burich Director of Planning Services