HomeMy WebLinkAboutMinutes__________________________________
Plan Commission Minutes 1 May 17, 2016
PLAN COMMISSION MINUTES
May 17, 2016
PRESENT: Ed Bowen, Thomas Fojtik, John Hinz, Steve Cummings, Gary Gray, Robert Vajgrt,
Karl Nollenberger
EXCUSED: David Borsuk, Jeffrey Thoms, Kathleen Propp, Donna Lohry
STAFF: Darryn Burich, Director of Planning Services; David Buck, Principal Planner; Brian
Slusarek, Zoning Code Enforcement Inspector; 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 3, 2016 were approved as presented. (Vajgrt/Hinz)
I. ACCEPT SIDEWALK, TRAFFIC SIGNAL, & CONDUIT EASEMENTS AT
INTERSECTION OF OSHKOSH AVENUE & NORTH WESTFIELD STREET
The City of Oshkosh is requesting acceptance of three easements for the installation of sidewalk,
traffic/pedestrian signals, and conduits.
Mr. Slusarek presented the item and reviewed the site and surrounding area as well as the locations
of the proposed easements. He explained the reason for the easement request which was to
construct Americans with Disabilities Act (ADA) compliant handicap ramps and crosswalks in
conjunction with the reconstruction of N. Westfield Street. He also reviewed the site plan depicting
the easement locations.
Mr. Gray questioned if the Commission could deny such a request as it was for ADA compliance.
Mr. Burich responded that if the City would not approve the acquisition of the easements, the City
would then have to acquire the property instead.
Motion by Vajgrt to approve the acceptance of easements at the intersection of Oshkosh
Avenue & N. Westfield Street.
Seconded by Gray. Motion carried 7-0.
II. ACCEPT SIDEWALK, ACCESS, & FACILITIES EASEMENTS AT
INTERSECTION OF ARBORETUM DRIVE, CONGRESS AVENUE & SUMMIT
AVENUE
The City of Oshkosh is requesting acceptance of three easements for the installation of sidewalk,
traffic/pedestrian signals, and related equipment.
Mr. Slusarek presented the item and reviewed the site and surrounding area as well as the locations
of the proposed easements. He explained the reason for the easement request which was to
__________________________________
Plan Commission Minutes 2 May 17, 2016
construct Americans with Disabilities Act (ADA) compliant handicap ramps and crosswalks at the
request of the City’s Bicycle and Pedestrian Advisory Committee. He also reviewed the site plan
depicting the easement locations.
There was no discussion on this item.
Motion by Gray to approve the acceptance of easements at the intersection of Arboretum
Drive, Congress Avenue & Summit Avenue.
Seconded by Vajgrt. Motion carried 7-0.
III. RESIDENTIAL DESIGN STANDARDS VARIANCE REQUEST TO PERMIT A
FRONT ADDITION AT 1112 ARTHUR AVENUE
The applicant/owner requests approval of a variance from the City’s Residential Design Standards
to permit an addition on the front/street side of the home at 1112 Arthur Avenue.
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 explained the criteria to be considered when the
Commission is asked to grant a variance to the design standards and reviewed photos of the subject
site and the building elevations submitted depicting the proposed addition. He explained that the
petitioner desired to remove the porch and construct a building addition instead as the porch is
faulty and in need of major repair. He discussed the impact on the design of the addition in relation
to preserving the home’s architectural integrity, impact on adjacent properties, and curb appeal of
the block. He further stated that the addition is not consistent with the home’s original style and
discussed other homes in the vicinity and that approval of this variance could adversely affect the
neighborhood character. Enforcement of the design standards in this case does not cause
unnecessary hardship as the petitioner has the option of repairing or reconstructing the existing
porch.
Mr. Gray questioned if the applicant was present to discuss this proposal.
Mr. Slusarek responded negatively.
Mr. Gray then questioned if City staff received any responses from the neighboring properties
regarding this request.
Mr. Slusarek again responded negatively.
Mr. Gray also questioned if the windows proposed for the addition would be in compliance with
design standards requirements.
Mr. Slusarek responded affirmatively as there would be 25% of wall space devoted to window or
door openings.
Mr. Hinz inquired if the large trees in front of the porch were to remain as they currently exist as
they block the view of the front of the structure.
__________________________________
Plan Commission Minutes 3 May 17, 2016
Mr. Buck replied that the applicant would most likely remove the existing trees with the proposed
addition. He further stated that the majority of homes in the vicinity possess porches and that the
issue with this proposal is to add an addition to the home rather than repair the porch.
Mr. Gray commented that he did not see any case to grant a variance to the design standards under
the criteria provided for consideration.
Mr. Bowen stated that he agreed with Mr. Gray and discussed that no one likes to spend money on
these types of repairs however it is part of home ownership. He further commented that it was hard
to evaluate the situation appropriately when the petitioner is not present to discuss the proposal.
Mr. Hinz agreed and stated that he could not support this request without any comments from the
petitioner justifying his proposal.
Mr. Vajgrt commented that he did not feel that unnecessary hardship applied in this case as the
proposed addition would cost as much as it would to reconstruct the existing porch.
Motion by Bowen to approve a residential design standards variance to permit a front
addition at 1112 Arthur Avenue.
Seconded by Hinz.
Motion denied 7-0 with the following finding:
1. The design standards apply to this particular project because the addition, as proposed,
would significantly change the character of the original home and may adversely affect
the neighborhood character or curb appeal of the block.
IV. APPROVAL OF A CONDITIONAL USE PERMIT/PLANNED DEVELOPMENT
FOR A LIMITED VENUE FESTIVAL SITE LOCATED AT THE SOUTHWEST
CORNER OF RIPPLE ROAD AND S. WASHBURN STREET (FORD FESTIVAL
PARK)
Starshow Presents, Inc. is requesting approval of a Conditional Use Permit/Planned Development
for a limited venue festival site (Ford Festival Park) located in the City of Oshkosh and Town of
Nekimi with ingress/egress, parking and camping uses located within the City portion of the site.
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 history of the site and reviewed the area that is
within the City’s jurisdiction and within the Town/County’s jurisdiction. He explained that the site
has had a conditional use permit approved for this use which was due to expire this year and
discussed the festival events included in this approval. He discussed the City’s Comprehensive Plan
that recommends commercial use for the City portion of the site and residential use for the portion
located within the Town and that the petitioner had recently negotiated a new 10-year lease for the
continued use of the property for this purpose. He explained that the approval of the CUP/PD
would also be a ten-year time frame and would be limited to the two established events and any
additional events would require separate review and approval of both the Police and Fire
Departments and the Department of Community Development based on considerations such as the
type of event and other aspects relating to it to ensure the City would be able to provide the
necessary services to support the event. He discussed the accesses to the site and the uses that
__________________________________
Plan Commission Minutes 4 May 17, 2016
would occur on the City’s portion of the site and the various conditions added over the years of
operation and review. He also reviewed the conditions recommended for this request as well as the
site plan of the layout of the festival grounds.
Mr. Nollenberger questioned what the purpose was for the ten year expiration of the CUP/PD.
Mr. Buck responded that it coincides with the lease agreement the petitioner negotiated for the use
of the site with the property owners and the City may also need to address this use in the future if
development would occur in this area.
Mr. Gray questioned who the respective agencies that were referenced in condition #11 who would
be reviewing the necessary annual plans required to be submitted.
Mr. Buck responded that the agencies that review the annual plans would be the Oshkosh Police
Department, the Winnebago County Health Department and the Department of Community
Development.
Mr. Gray commented that he felt that condition #14 relating to the City’s ability to re-review the
terms and conditions was too vague as it did not provide a time frame and it states that it was to
ensure public safety and he felt it should not be related to public safety only.
Mr. Burich responded that we already have a 10 year history on the site and that we probably don’t
need another shorter term re-review because there are other conditions in place to address the safety
issues. Also since the CUP/PD has an expiration date of 2026 therefore it was not necessary to
include a date in this condition.
Motion by Vajgrt to approve a conditional use permit/planned development for a limited
venue festival site located at the southwest corner of Ripple Road and S. Washburn Street
with the following conditions:
(1) The CUP/PD for the use of the site for festival and concert events expires in 2026;
(2) Two events (CUSA and Rock USA) are allowed per calendar year not to exceed
seven days in duration for any one event;
(3) Any events over the two listed above require separate review and approval by the
Oshkosh Police and Fire Departments and the Department of Community
Development;
(4) Other than use of the site seven days prior and seven days after an event, no open
storage is permitted;
(5) Access control variance is granted to allow the driveway from South Washburn
Street to exceed 35 feet and be consistent with the submitted site plan;
(6) Base standard modification is granted to allow the driveway located outside of the
right-of-way to remain unpaved;
(7) Mud/debris tracked from the subject property to City right-of-ways shall be
removed within 24 hours of the end of the daily event. Failure to do so may result
in the City performing the work and charging costs back to the event organizer,
property owner or both;
(8) Base standard modification to allow unpaved parking and internal drives in
accordance of the submitted plans;
__________________________________
Plan Commission Minutes 5 May 17, 2016
(9) A Traffic, Pedestrian Safety, Security, and Lighting Plan is submitted annually to
Oshkosh Police Department for review and approval subject to reasonable
conditions of approval;
(10) A Health Plan is submittal annually to Winnebago County Health Department for
review and approval subject to reasonable conditions of approval;
(11) All plans are submitted no later than March 15 of each year to allow the respective
agency sufficient time to complete review;
(12) The event organizer shall post a bond in an amount deemed sufficient by City staff
to ensure compliance with the plans or enter into separate agreement(s) with the
City to compensate for public costs incurred;
(13) Event grounds, including parking and camping areas be monitored for refuse and
appropriate means of continual collection as noted in the Health Plan; and
(14) The City retains the ability to re-review the terms and conditions of the CUP as
needed to ensure public safety.
Seconded by Bowen. Motion carried 7-0.
The following two items were decided to be presented at one time as they are in conjunction with
each other.
VA. ZONE CHANGE FROM R-1 SINGLE FAMILY RESIDENCE DISTRICT TO R-1PD
SINGLE FAMILY RESIDENCE WITH A PLANNED DEVELOPMENT OVERLAY
FOR MULTIPLE PROPERTIES ON THE 1000-1100 BLOCKS OF NORTH
WESTFIELD STREET AND THE 1100-1200 BLOCKS OF NORTH EAGLE
STREET (EVERGREEN RETIREMENT COMMUNITY)
The petitioner requests a zone change from the existing R-1 Single Family Residence District to the
R-1 Single Family Residence District with the inclusion of the Planned Development Overlay
District (PD). The intent of the requested addition of the PD is to provide a mechanism for the
campus to be in complete conformance with zoning as it has historically developed as well as to
accommodate proposed expansions and alterations.
VB. CONDITIONAL USE PERMIT/PLANNED DEVELOPMENT REVIEW
FOR THE USE AND DEVELOPMENT PLAN FOR MULTIPLE
PROPERTIES ON THE 1000-1100 BLOCKS OF NORTH WESTFIELD
STREET AND THE 1100-1200 BLOCKS OF NORTH EAGLE STREET
(EVERGREEN RETIREMENT COMMUNITY)
The petitioner requests approval of a Conditional Use Permit/Development Plan for the existing
retirement community campus as well as a new independent living apartment building on the north
end of the campus, alterations to vehicle and pedestrian access, redevelopment and new parking
facilities, and the addition of a chapel, common entry area and façade upgrades for the main Manor
building.
Mr. Buck presented the request for a zone change and reviewed the site and surrounding area as
well as the land use and zoning classifications in this area. He discussed the history of the site and
the current use of the property and the purpose for the zone change request which is to provide a
mechanism for the campus to be in conformance as it has historically developed as well as to
__________________________________
Plan Commission Minutes 6 May 17, 2016
accommodate proposed expansions and alterations within multiple parcels. He further stated that
the zone change request is consistent with the City’s Comprehensive Plan and discussed the benefits
of the planned development overlay. He reviewed the site plan of the Evergreen Retirement
Community campus and explained that the CUP/PD was for the existing use of the site and for a
building addition and associated parking lot, alteration/expansion to the existing parking lot on N.
Westfield Street, addition and façade alteration to the west side of the Manor building and addition
of an entry canopy to the Garden building. He discussed the existing conditions and current use of
the site and the multi-phase master plan to update the facilities. He reviewed the 61 unit apartment
building addition including underground parking stalls, a drop-off/pick-up canopy, and a new
surface parking lot as well as the existing parking for the site. He reviewed the building addition
details which will be constructed to match the existing facilities and reviewed the location of the
proposed canopy and parking lot. He discussed the parking lot accesses and the turnaround area for
emergency service access as well as the transformer/generator pad and monument sign and the
proposed landscaping for the site. He stated that a base standard modification was necessary for the
height of the structure and an access control variance for lateral clearance and that a base standard
modification was also requested to allow for two identification signs on the site. He also discussed
the detention basin’s location and construction and that the basin, landscaping, and lighting for the
development would be required to meet code requirements. He reviewed the proposed alterations to
the existing southern parking lot and reviewed the traffic flow pattern as well as the pedestrian
access, landscape islands and drop-off/pick-up canopy to be constructed. He stated that the
landscaping and lighting for this portion of the development would also be required to meet code
requirements and that the relocated monument sign will require a base standard modification to the
front yard setback and an access control variance for the lateral clearance was also necessary in the
parking lot. He discussed the addition and façade alteration to the Manor building and reviewed the
materials to be utilized and that the addition was to house a new chapel which would be an
accessory use to the retirement community’s primary use. He also discussed the entry canopy to be
added to the Garden building and reviewed the building elevations and renderings of the proposed
canopies. He also reviewed the landscape plan and renderings of the new sign and the relocated
sign and reviewed the conditions recommended for this request.
Mr. Nollenberger questioned if the Commission should vote on these two requests separately.
Mr. Buck responded affirmatively.
Mr. Gray asked for clarification of what each item was.
Mr. Buck indicated that Item VA was for the zone change request to add the planned development
overlay and Item VB was for the conditional use permit/planned development approval.
Mr. Gray questioned what the open space was on the landscaping plan.
Mr. Buck responded that it was 60% of the area which was dedicated as open space.
Mr. Bowen inquired if the landscape plans met code requirements.
Mr. Buck replied that it would be reviewed at the Site Plan Review Committee level for code
compliance.
__________________________________
Plan Commission Minutes 7 May 17, 2016
Motion by Vajgrt to approve a zone change from R-1 Single Family Residence District to R-
1PD Single Family Residence with a planned development overlay for multiple properties
on the 1000-1100 blocks of N. Westfield Street and the 1100-1200 blocks of N. Eagle Street.
Seconded by Bowen. Motion carried 6-0-1. (Mr. Cummings abstained as he is a member of
the Evergreen Village board.)
Motion by Vajgrt to approve a conditional use permit/planned development for the addition
of an apartment building, alterations to vehicle/pedestrian access, redevelopment and new
parking facilities and addition of a chapel, common entry area and façade upgrades for the
main Manor building at multiple properties on the 1000-1100 blocks of N. Westfield Street
and the 1100-1200 blocks of N. Eagle Street with the following conditions:
1) Base standard modification to allow the independent living apartment building to be 37 feet
in height.
2) A more “natural” style of detention basin be utilized involving planting of emergent plants
in the safety shelf area and native plants on the side slopes
3) Access control variance for 29’ lateral clearance for the northern parking lot and a 36’
lateral clearance for the southern parking lot on North Westfield Street.
4) Base standard modification to allow a 5’-4” tall 40 square foot brick-faced monument sign
at the northern parking lot entrance and the relocation of a 6’-2” tall 50 square foot
monument sign at the southern parking lot.
5) Base standard modification to allow the front/North Westfield setback to be 18’ for the
southern parking lot redevelopment and relocated monument sign.
6) Base standard modification to allow the front/North Eagle Street setback to be 9’-2” for the
Garden building entry canopy.
7) Cross access and parking agreements be established between the multiple lots within the
campus area.
Seconded by Hinz. Motion carried 6-0-1. (Mr. Cummings abstained as he is a member of
the Evergreen Village board.)
There being no further business, the meeting adjourned at approximately 5:02 pm. (Vajgrt/Bowen)
Respectfully submitted,
Darryn Burich
Director of Planning Services