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HomeMy WebLinkAboutMinutes__________________________________ Plan Commission Minutes 1 August 16, 2016 PLAN COMMISSION MINUTES August 16, 2016 PRESENT: David Borsuk, Ed Bowen, Jeffrey Thoms, Thomas Fojtik, Steve Cummings, Kathleen Propp, Robert Vajgrt, Karl Nollenberger EXCUSED: John Hinz, Donna Lohry STAFF: Darryn Burich, Director of Planning Services; Elizabeth Williams, Associate Planner; Brian Slusarek, Zoning Code Enforcement Inspector; Alexa Naudziunas, Assistant Planner; Steve Gohde, Assistant 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 August 2, 2016 were approved as presented. (Vajgrt/Borsuk) I. ACCEPT RIGHT-OF-WAY EASEMENT AT 627 BAY SHORE DRIVE The City of Oshkosh is requesting acceptance of a right-of-way easement to improve access to the boat launch located at the end of Mill 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 explained that Mill Street was scheduled for reconstruction in 2016 and that the proposed easement would allow for a larger cul-de-sac bulb to be constructed which would improve access to the boat launch. He also reviewed a map depicting the proposed easement area. Mr. Borsuk commented that he recalled that there were some issues regarding the driveway access in this location and questioned if it has been resolved. Steve Gohde, Assistant Director of Public Works, responded that there were some concerns related to the loading docks which have since been addressed and that they were still working through some other issues related to this easement placement. Mr. Bowen arrived at 4:02 pm. Motion by Nollenberger to approve the acceptance of a right-of-way easement at 627 Bay Shore Drive. Seconded by Vajgrt. Motion carried 8-0. II. ACCEPT STORM SEWER EASEMENT AT 3300 NORTH MAIN STREET __________________________________ Plan Commission Minutes 2 August 16, 2016 The Department of Public Works is requesting acceptance of a 30 foot wide storm sewer easement from Wisconsin Public Service at 3300 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 discussed the use of the site which is occupied by Wisconsin Public Service Corporation and explained the reason for the easement request which is to improve the water runoff flow within the watershed in conjunction with the construction of the regional storm water detention basin in this vicinity. He also reviewed a map of the proposed easement area. There was no discussion on this item. Motion by Vajgrt to approve the acceptance of a storm sewer easement at 3300 N. Main Street. Seconded by Nollenberger. Motion carried 8-0. III. EAST FAÇADE ARCHITECTURAL REVIEW FOR THE DEVELOPMENT OF A COMMUNITY FITNESS CENTER AT 324 WASHINGTON AVENUE (YMCA- DOWNTOWN CENTER) The applicant/owner is requesting review and approval of the YMCA Planned Development eastern façade elevations to meet the conditions of the Planned Development approval. Ms. Naudziunas presented the item and stated that the planned development was approved by the Plan Commission in June of 2016 with the condition that the request come back to the Plan Commission for review and approval of the east side elevation as the Commission had recommended that this façade be enhanced to provide architectural interest. She discussed the planned development approval and reviewed the rendering of the development and discussed the elevations of the structure and the proposed materials to be utilized. She reviewed the east elevation as it was originally submitted and the revised façade submittal and explained that the revised elevation included concrete panels of two differentiating materials as well as a reduction in the number of windows which were also revised to be more rectangular and would occupy the same amount of space on the façade. She further discussed the location of the east façade to the adjacent structure and stated that staff felt the revised east elevations addressed the condition of approval to enhance the architectural elements of this façade. Mr. Burich displayed a material sample of the concrete panels with the two styles of finish that would be used. Mr. Thoms questioned if the aggregate finish and light sandblasted finish of the panels would appear to be different in color. Ms. Naudziunas responded affirmatively. Motion by Nollenberger to approve the east façade elevations for a previously approved planned development at 324 Washington Avenue (YMCA Downtown Center). __________________________________ Plan Commission Minutes 3 August 16, 2016 Seconded by Vajgrt. Motion carried 8-0 IV. AMENDMENT OF CONDITIONAL USE PERMIT/PLANNED DEVELOPMENT FOR UNIVERSITY RE-USE OF FORMER LINCOLN ELEMENTARY SCHOOL SITE AT 608 ALGOMA BOULEVARD The petitioner requests amendment of a previously approved Conditional Use/Planned Development (CUP/PD) for reconstruction of the parking lot and Wisconsin Street driveway to extend the timeframe to implement improvements. Ms. Williams presented the item and explained that this item was laid over from the August 2nd meeting to allow staff time to obtain additional direction on options to ensure compliance with recommended conditions. She reviewed the concerns discussed at this meeting and the current use of the site by the University as well as the subject site and surrounding area, land use, and zoning classifications in this area. She explained that the original CUP/PD was approved in 2010 with conditions and that an amendment was approved in 2013 to extend the parking lot reconstruction to the end of 2015. She further explained that the current amendment was requesting the approval of an extension for the parking lot reconstruction until the end of 2017. She stated that the University was working with a consultant on the project and the delays in its completion were due to the approval process at the state level and distributed copies of the Wisconsin Department of Administration’s agenda for the kickoff meeting for the parking lot reconstruction project. She also reviewed three additional conditions relating to this extension of the CUP/PD that the Plan Commission could consider which were to require the plans to be reviewed by the Plan Commission prior to reconstruction, a requirement that the University hold a neighborhood meeting prior to Plan Commission review of the plans, and to commence the revocation process for the CUP for use of the subject site if the improvements are not completed by the end of 2017. She also discussed that the option to revoke the use of the parking lot immediately which was not an option as it would be considered a breach of contract with the established use of the site. Mr. Thoms requested a more detailed explanation of the three additional conditions. Ms. Williams explained that the first condition to review and approve the plans prior to commencing reconstruction on the site was to address concerns relating to the parking lot design as it would be required to meet code standards. The Plan Commission’s review prior to moving forward with the reconstruction would assure that if code requirements could not be met that base standard modifications could be considered if necessary. The second condition to hold a neighborhood meeting was due to the fact that the University property is directly adjacent to residential properties and the purpose of the meeting was to consult with the neighboring property owners and provide additional information to the residents regarding the layout and design. The third condition was addressing the revocation of the CUP for the use of the subject site should the reconstruction not be completed by the end of 2017 to ensure compliance in a timely fashion. Mr. Thoms inquired if these conditions were discussed with the petitioner. __________________________________ Plan Commission Minutes 4 August 16, 2016 Ms. Williams responded that the conditions were reviewed with JoAnn Rife and seemed to be acceptable. Mr. Borsuk questioned that the final outcome could be that the site would be taken out of use by the last condition if compliance was not met by the end of 2017. Ms. Williams responded that would come through a revocation process. Andrew Leavitt, 1423 Congress Avenue, Chancellor for the University of Wisconsin-Oshkosh, stated that he regretted how this has been handled and offered his apologies that the work could not be completed on time and assured the Commission that the project would be completed by the extended timeline and that the University was amendable to the conditions offered to allow this extension. Ms. Propp inquired if the building was fully reconstructed for its purpose on the interior. Mr. Leavitt discussed the interior renovations to the structure which are complete and that the reconstruction of the parking lot was the last step in the process. Mr. Borsuk questioned if there was something in place to prevent these delays or some internal process that was missed that caused it. Mr. Leavitt explained that the University has gone through extensive building on campus recently and a new Chancellor was in place and he was embarrassed by this inaction. JoAnn Rife, Director of Planning and Construction, 650 Witzel Avenue, discussed the overall process of approvals and construction plans and that the project had been submitted to the State. She further explained that an architectural team needed to be gotten on board and the funding approved for the project however the funds initially approved were not enough to complete the interior renovations and discussed the next two phases submitted to the State for approval. She stated that the projects must be completed in order and discussed the time line for the State Building Commission which does not meet on a regular schedule and that meetings have been more sporadic causing further delays in the process. Mr. Burich commented that concerns have been raised regarding the location of the dumpster enclosures and questioned if this feature will be depicted on the plans when they are submitted to the Commission for review. He further discussed the area where they have been located and that they have been recently moved and questioned if there were intentions to move them back to their previous location when the new school year commences. Ms. Rife responded that the dumpster enclosures needed to be located where they will not be in the way of the operation of the facility but that they would remain at their current location during the upcoming school year. __________________________________ Plan Commission Minutes 5 August 16, 2016 Bernard Pitz, 617 E. Irving Avenue, stated that he owns rental property across Wisconsin Street and has complained numerous times about the location of the dumpster enclosures. He further stated that the University claimed that plans have been submitted to the State however they do not show the future expansion area of the playground and another area that is depicted as “to be determined”. He stated that he objected in 2010 to the location of the driveway on Wisconsin Street and further discussed the location of the playground which was relocated from its initial area and he felt that the driveway entrance could be moved to access Union Avenue rather than Wisconsin Street. He continued to discuss the right-in/right-out configuration of the driveway access which is not being adhered to by either staff or visitors to the site and that the Planning Services office indicated that the University would lose their approved planned development if this condition was not complied with. He stated that he had no objection to the parking lot itself however he did have issues with the location of the dumpster enclosures where they previously were as he felt there was no need to have them at this location and that he had to go to the Common Council to have the matter addressed. He continued with discussion on the noise generated from the use of the dumpsters and stated that this was irresponsible action on the part of the University. Mr. Nollenberger stated that he felt that the University addressed the situation satisfactorily and he would support the amendment with the additional three conditions discussed. Motion by Nollenberger to approve an amendment to a conditional use permit/planned development for the University re-use of former Lincoln Elementary School site at 608 Algoma Boulevard with the following conditions: 1) Parking lot shall be reconstructed to meet current code requirements by the end of calendar year 2017. 2) Wisconsin Street driveway has “right in – right out configuration by the end of calendar year 2017. 3) Plans for the parking lot reconstruction shall be reviewed and approved by the Plan Commission prior to any zoning permit issuance or site reconstruction commencing on the subject property. 4) UW-Oshkosh shall hold a neighborhood meeting at least 10 days before the item is scheduled for Plan Commission review and notice all adjacent property owners. 5) In January 2018, City staff is instructed to start the revocation process for the conditional use permit for use of the subject property should the site improvements not be completed by the end of calendar year 2017. Seconded by Vajgrt. Motion carried 8-0. V. DETERMINE NECESSITY AND AUTHORIZATION TO ACQUIRE PROPERTY AT 2240 WESTOWNE AVENUE The City of Oshkosh Department of Public Works is requesting authorization to acquire approximately 0.5 acres of land from an existing 2.88 acre parcel located at 2240 Westowne Avenue. __________________________________ Plan Commission Minutes 6 August 16, 2016 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 reason for the proposed land acquisition which was to enable the City to expand the storm water basin at the northwest corner of Westowne Avenue and N. Washburn Street. He discussed the current grant the City received to cover half of the costs for the construction of the detention basin and the Westowne Watershed and the benefits of constructing the expansion to the existing basin as it would increase the removal of pollutants by a significant amount. He further explained that a certified survey map would be required if the land acquisition received approval and a conditional use permit would require approval for the construction of the detention basin. He added that this proposed use was consistent with the City’s Comprehensive Plan and will continue efforts to impede flooding problems and meet storm water quality standards. Mr. Fojtik commented that this area appears to already be an area of a secondary basin. Mr. Gohde indicated that this area is adjacent to an existing wet detention basin and is currently utilized as a dry basin. Mr. Bowen questioned if the portion of the property proposed to be acquired will continue to serve the existing commercial site as well as provide detention for municipal purposes or essentially be a shared detention basin. He also inquired if the City has other shared basins. Mr. Gohde responded affirmatively and stated that the Armory site was a shared detention basin and any other shared basins were regional basins constructed to serve an entire area. Ms. Propp inquired if the property owner was cooperative regarding the proposed land acquisition. Mr. Gohde replied that so far they seemed to be however the City was currently following the eminent domain process as it allows the City to negotiate with the property owner. Mr. Thoms discussed the eminent domain process and questioned how this would affect the ability to drain the site and if this action could have a negative effect on the existing businesses in this area. Mr. Gohde responded that there would be other options to comply with storm water management and gave examples of types of drainage methods that could be utilized. He further stated that the City is not seeking an authorization to acquire the property at this time but the determination of necessity to acquire only. Mr. Thoms voiced his concerns that this action could affect a business that is currently in compliance with their storm water management requirements. Mr. Bowen questioned if this site has been determined to be the best area to assist in this process, how it was determined. __________________________________ Plan Commission Minutes 7 August 16, 2016 Mr. Gohde discussed how some sites in this area were developed without storm water management and discussed the pattern of the water flow which goes west and south from this area. Mr. Bowen inquired if this was surface water flow. Mr. Gohde responded that all the storm water is being treated however the existing detention basin fills and drains quickly allowing more pollutants to remain. This expansion of the existing detention basin would allow for a slower release of the water from the basin which would provide for additional time to filter the water and remove more pollutants. Mr. Bowen questioned if this action was to address water quality. Mr. Gohde responded affirmatively. Mr. Thoms questioned if there was an alternative site that could be used for this purpose and why the City could not utilize the vacant right-of-way for detention basin purposes. Mr. Gohde discussed several of the locations that were in this vicinity and that they are not useable due to that fact that they are either state right-of-way lands or town parcels. He further explained how the detention facilities function and that it would not be as effective to have two small detention basins rather than one larger one. Mr. Borsuk stated that he would support this request and discussed the eminent domain process and how this was one of several steps to allow the City to negotiate with the property owner. He continued to discuss the statutory requirements that are involved with this process. Mr. Thoms commented that he would support the preliminary process but would be less likely to support it if the land acquisition does not go as planned. He continued to discuss the possible negative impacts that could occur to sites that currently meet the storm water management requirements and that more costs should be absorbed by the City if this detention area was also going to provide drainage for public use. Motion by Vajgrt to approve a determination of necessity to acquire a portion of the property located at 2240 Westowne Avenue. Seconded by Borsuk. Motion carried 8-0. There being no further business, the meeting adjourned at approximately 4:47 pm. (Vajgrt/Bowen) Respectfully submitted, Darryn Burich Director of Planning Services