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HomeMy WebLinkAboutMinutes__________________________________ Plan Commission Minutes 1 December 15, 2015 PLAN COMMISSION MINUTES December 15, 2015 PRESENT: David Borsuk, Ed Bowen, Jeffrey Thoms, Thomas Fojtik, John Hinz, Steve Cummings, Kathleen Propp, Gary Gray, Robert Vajgrt, Karl Nollenberger EXCUSED: Donna Lohry STAFF: Darryn Burich, Director of Planning Services; David Buck, Principal Planner; Jeffrey Nau, Associate Planner; Steve Gohde, Assistant Director of Public Works; James Rabe, 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 December 1, 2015 were approved as presented. (Vajgrt/Hinz) I. ARCHITECTURAL BUILDING PLAN REVIEW FOR A PROPOSED STORAGE BUILDING AT 425 LAKE SHORE DRIVE (WATER FILTRATION PLANT) The applicant is requesting an architectural building plan review for construction of a storage building to be located at the City’s Water Filtration Plant, 425 Lake Shore Drive. Mr. Bowen arrived at 4:02 pm. Mr. Nau presented the item and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. He discussed the full scope of the proposed project and stated that it should not have any detrimental effect on surrounding properties. He reviewed the site plan and building elevations for the proposed storage building and discussed the materials to be used for the structure which would be constructed to match the existing buildings on the site. He also reviewed photos of the existing structures and explained that although the storage facility did not possess a lot of architectural features it would be located in an area of the parcel which would be far from view. Therefore the lack of additional architectural features in this case should not have a detrimental effect on the neighborhood. He further stated that the storage building was scheduled to be constructed in 2016. Mr. Thoms questioned if there would be additional landscaping installed and if the new structure was large enough to effect storm water management for the site. Mr. Nau responded that the project has not yet been reviewed by the Site Plan Review Committee and the landscaping requirements would be addressed at that time. Steve Gohde, Assistant Director of Public Works, added that there were no storm water issues anticipated currently but this aspect of the project would also be addressed by the Site Plan Review Committee. Motion by Vajgrt to approve the architectural building plan review for property located at 425 Lake Shore Drive. Seconded by Borsuk. Motion carried 9-0. __________________________________ Plan Commission Minutes 2 December 15, 2015 II. DEVELOPMENT PLAN REVIEW FOR THE RECONSTRUCTION OF THE PARKING FACILITY FOR THE OSHKOSH SENIOR CENTER AT 200 NORTH CAMPBELL ROAD The petitioner requests approval of an amendment to a previously issued Planned Development for the reconstruction of the parking lot for the City of Oshkosh’s Senior Center South. 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 discussed the planned development approved in 1993 and reviewed a site plan of the existing conditions and discussed the boat launch access and Fox River multiple-use trail which are both included in the development plan. He reviewed the site plan and discussed the center linear parking lot island to be added into the north parking lot which includes a bio-filtration system to address storm water management. He also discussed the dumpster enclosure to be added on the site which will be constructed to match the existing structures. He explained that the access drives onto North Campbell Road will remain as they currently exist however the interconnection between the south lot and the parking lot of Fox Valley Technical College will be eliminated. He reviewed the current and reconstructed parking stall counts and also discussed the pedestrian accesses of the development and the riverfront trail which will extend through the north parking lot connecting to North Campbell Road. He discussed the landscaping plan which was approved by the Parks Department in 1993 and that due to the significant amount of utilities within the setback areas and the need to preserve the riverfront views, the landscaping plan would require the approval of the Department of Community Development. He stated that storm water management was nonexistent currently on the site and that permeable pavers were being recommended for a portion of the south parking lot and the inclusion of a bio-filtration system within the landscape island on the north lot. He also reviewed the conditions recommended for this request. Mr. Bowen requested clarification if the parking lot was utilizing permeable pavement or pavers. James Rabe, Director of Public Works, responded that they were still evaluating the situation and whether blocks of permeable pavers or permeable asphalt or concrete would be utilized was not certain at this time. Evaluation of the benefits, costs, and life cycle of these products was still being reviewed. Mr. Gray questioned why the permeable pavement was only proposed to be utilized on one half of the south lot and not the entire parking area. Mr. Rabe replied that this type of system was more susceptible to damage from turning movements and the stress generated from these vehicular movements could potentially damage the surface. By utilizing both strategies the City would be able to meet the storm water management requirements and construct a surface that would last. Mr. Gray then questioned if the permeable pavement was more expensive than regular concrete or asphalt. Mr. Rabe responded affirmatively and stated that it was necessary to come up with alternatives to provide a way to address storm water management for the site. Mr. Gray also questioned if both parking lots were going to be reconstructed. Mr. Buck responded affirmatively. __________________________________ Plan Commission Minutes 3 December 15, 2015 Mr. Hinz commented that the City has ordinances that prohibit parking on the grass and questioned how the possibility of contamination would be addressed from parking on the permeable pavement that may be absorbed into the ground below. Mr. Rabe replied that the Wisconsin Department of Natural Resources has approved codes for this type of system and the service area of stone will address the contamination concerns. Mr. Thoms commented that the reconstruction of the parking lots would initiate the new standards for parking lot requirements and the south lot does not appear to meet these standards. Mr. Buck responded that the reconstruction would have to meet current code requirements however the south lot is less than 20 stalls and therefore would not require any additional features such as landscape islands to be added to the site. Mr. Borsuk questioned the removal of the access to Fox Valley Technical College from the Senior Center parking lot and if this alteration would create any issues. Mr. Rabe replied that there was no formal agreement in place presently to allow this access and that it was mainly used by Senior Center staff. Mr. Borsuk then questioned if staff was comfortable with the appearance of the proposed dumpster enclosure to be added to the site. Mr. Buck responded that staff was satisfied with the proposed enclosure as it will match the existing structure. Mr. Thoms commented about the riverwalk trail turning into the parking lot and questioned if staff had any concerns with this concept as the trail would be entering into the lot in a drive aisle. He also questioned if any signage would be placed on the site providing direction to users as to where the trail continues. Robert Cornell, 548 West Smith Avenue, stated that he was present in support of the approval of this request as it was a topic of discussion for some time now with the Senior Center Advisory Committee and was a much needed improvement for the site. He further stated he was a frequent user of the Senior Center and that the parking lot condition is in need of improvement in both the north and south lots and the proposed plan would be a definite improvement to the current conditions. He also commented about the landscape island located in the center which he felt would be beneficial as it would prevent accidents. Mr. Thoms inquired if Mr. Cornell was comfortable with the amount of parking stalls in the north lot as compared to the south lot. Mr. Cornell responded that it was more important to have additional parking stalls on the north lot as that entrance was used more frequently. Mr. Thoms commented about safety issues as the pedestrian access would have people crossing over the drive aisle on the north lot. Mr. Cornell questioned how many handicapped parking stalls would be constructed. __________________________________ Plan Commission Minutes 4 December 15, 2015 Mr. Buck indicated that there would be 17 handicapped stalls. Mr. Cornell responded that this would be adequate for the use. Motion by Vajgrt to amend the conditions to add the following condition to this request: 1) Riverwalk directional signage be installed with the approval of the Department of Community Development. Seconded by Bowen. Motion carried 9-0. Motion by Vajgrt to approve a planned development amendment for the reconstruction of the parking facility for property located at 200 North Campbell Road with the following conditions: 1) Base standard modification to allow the refuse enclosure to be located within the front yard. 2) A landscape plan be approved by the Department of Community Development. 3) Riverwalk directional signage be installed with the approval of the Department of Community Development. Seconded by Borsuk. Motion carried 9-0. OTHER BUSINESS Zoning Ordinance Update Mr. Buck stated that Article I: Introduction and Definitions section of the zoning ordinance was distributed for review and that if anyone notices anything that needs to be addressed to please contact him. He further stated that sometime in January the full draft document should be completed and available for review however there were still some policy questions that need to be addressed. Mr. Bowen inquired about the signage section and how that was being dealt with due to the court decision recently that changed how municipalities can regulate signage. Mr. Burich responded that the court case decision affected this section which necessitates redrafting that chapter of the ordinance however he was still hoping to run all sections of the new zoning code at the same time. He further stated that staff would know if this would be feasible after January 1st. Mr. Gray commented that he felt that the official map should be adopted with the new zoning code and not wait to adopt the official map at a later date. Mr. Burich indicated that the plan was to adopt the zoning code first as it was easier to adopt the map later and that staff was attempting to move this process along as it has been under way for a few years now. Mr. Gray commented that he felt it would have more political influence if the official map was adopted at a later date. Proposed State Legislation Impacting Community Development __________________________________ Plan Commission Minutes 5 December 15, 2015 Mr. Burich discussed proposed legislation that was under consideration at the State level that would impact the Department of Community Development and their ability to regulate specific things in our community. He briefly discussed proposed bill AB523 addressing replacement of nonconforming structures if destroyed and AB563 relating to Dane County towns withdrawing from county zoning which would not have a great impact on our community however he did have concerns with proposed bill AB568 relating to ending historic preservation and rental regulation as that would have a negative impact on our community. Mr. Cummings stated that he attended the session held last week in Madison giving parties the opportunity to voice their opinions on this proposed legislation and he felt the authors of the bills have a conflict in interest as many of the committee members involved with its creation were involved with real estate and rental properties on a personal level. He discussed the parties that accompanied him to this session and other people who spoke at the event including representatives from area Fire Departments. He further discussed the lobbyists present and the effects this proposed bill could have on historic preservation efforts. He explained that time constraints were an issue as there was no limit placed on the amount of time allowed for each speaker therefore toward the end of the session some people had limited time left and some did not have any opportunity to voice their concerns. He felt that bill AB568 will have an adverse effect on rental properties in our community and would benefit the landlords and further discussed problems the City faces with these proposed bills if the legislation would be passed. Mr. Burich discussed the rental registry the City is currently working to develop and the prerogatives for the City to adopt it and how this legislation could have a negative effect on these efforts. Ms. Propp left at 4:25 pm. Mr. Cummings discussed the dangers presented to housing issues related to this bill being passed and how he felt it was self serving legislation and not in the community’s best interest. Mr. Buck briefly discussed the adverse effects the bill could potentially have on historic properties and that it could also impact the design standards ordinance that the City recently enacted. Mr. Gray left at 4:26 pm. Mr. Cummings discussed the tax credits available for the rehabilitation of historic structures and the potential impact this bill could have on this and its impact on the community’s ability to proclaim historic districts. This legislation would affect the regulations property owners needed to abide by when located in a historic district and further discussed the concepts of these districts and their benefit to our community and the need to do what is best for it. He discussed our local representatives feelings on these proposed bills which he felt was mixed and the need to contact these parties regarding the matter which he felt was a major issue for both the state as a whole and for homeowners. Mr. Borsuk commented on the benefits to landlords and the potential restrictions this could place on the local communities to regulate issues that should be addressed. Mr. Cummings discussed the dangers in our community for students in regard to regulation of unsafe rental housing units that they utilize and the negative effects this could create. __________________________________ Plan Commission Minutes 6 December 15, 2015 Mr. Fojtik questioned with the newer apartments that have been developed near the campus, were students utilizing these housing units rather than some of the older homes in the area that provide housing that may be substandard in condition. Mr. Burich felt that the newer housing units were being utilized however there are still a lot of older homes being rented for student housing purposes. Mr. Nollenberger questioned if these statutes would pass and become effective, could a local ordinance be established to overrule this legislation. Mr. Burich responded that he was not sure at this time. Mr. Thoms commented that we have an obligation to protect the citizens of this community and pursuing this in court may be the only means of addressing the issue. He agreed that our representatives should be contacted about these concerns and to enact regulations statewide does not make sense to him as all communities are not the same or face the same concerns in regard to these matters. Mr. Borsuk inquired if there was a companion Senate bill related to this proposed legislation. Mr. Burich responded that he was not sure at this point but would be looking into the matter. Mr. Bowen stated that he thought two of these bills may have a companion Senate bill. Mr. Borsuk voiced his concerns with this proposed legislation and that it was a disturbing issue and did not make sense. Mr. Cummings discussed his frustration with this issue and the process utilized to testify at the session last week and how it was handled and that this type of legislation should not be enacted statewide as there was no “one size fits all” legislation that would work for all communities within our state. Mr. Thoms suggested that the representatives come before the Common Council to discuss this matter as he would like to hear their justification for supporting this legislation. Mr. Cummings discussed how landlords felt about this proposed bill and his interest in seeing the City’s ability to adopt a rental registry in our community as it would assist the City in identifying the property owner when there are concerns regarding violations on their property and expedite the process of addressing it. Mr. Vajgrt discussed fire inspections that were conducted on rental housing units and the restrictions that were applied to their access to properties and questioned if the City still had a housing inspector that addressed code violations in rental housing units. Mr. Burich responded that the housing inspector position still existed but the tenant had to invite him to enter the property for access to be obtained. Mr. Burich discussed proposed bills AB583 and AB582 and the potential ramifications of them and the zoning change issues related to AB582 which was not clear at this time how it would affect matters. Mr. Nollenberger left at 4:55 pm. __________________________________ Plan Commission Minutes 7 December 15, 2015 Mr. Buck further discussed his understanding of the ramifications of AB582 and how permits issued by other entities could affect our community and the zoning related wording that is confusing and could be interpreted in different ways. Mr. Borsuk commented that Dennis McHugh who had served on the Common Council and Plan Commission in the past recently passed away. There being no further business, the meeting adjourned at approximately 4:58 pm. (Vajgrt/Hinz) Respectfully submitted, Darryn Burich Director of Planning Services