HomeMy WebLinkAbout42. 19-441 JULY 23, 2019 19-441 RESOLUTION
CARRIED 7-0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE SPECIFIC IMPLEMENTATION PLAN FOR FENCING
AT 215 CHURCH AVENUE
INITIATED BY: OSHKOSH POLICE DEPARTMENT
PLAN COMMISSION RECOMMENDATION: Approved w/conditions
WHEREAS, the Plan Commission finds that the General Development Plan and
Specific Implementation Plan for the proposed planned development for fencing at 215
Church Avenue, is consistent with the criteria established in Section 30-387(6) of the
Oshkosh Zoning Ordinance.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that a General Development Plan and Specific Implementation Plan for the
planned development for fencing at 215 Church Avenue, per the attached, is hereby
approved with the following conditions:
1. Base Standard Modification (BSM) to allow for 6' tall fencing within a front yard
where code allows a maximum fence height of 4'.
City
of
Oshkosh
TO: Honorable Mayor and Members of the Common Council
FROM: Mark Lyons
Planning Services Manager
DATE: July 18, 2019
RE: Approve Specific Implementation Plan for Fencing at 215 Church Avenue (Plan
Commission Recommends Approval)
BACKGROUND
The subject area consists of one parcel approximately 5.62 acres in size and includes both the
Oshkosh Police Department building and City Hall. The surrounding area consists of a
mixture of institutional, commercial uses and residential uses. The 2040 Comprehensive Land
Use Plan recommends Center City use for the subject area.
ANALYSIS
The petitioner is proposing to construct 6' tall decorative metal fencing and gates around the
Police Department parking lot in the southwest portion of the lot. The proposed fencing will
extend into the front yard area along Algoma Boulevard and Jackson Street and is intended to
provide security for police vehicles in the parking lot. The applicant is requesting a Base
Standard Modification (BSM) to allow 6' tall fencing within the front yard where code allows a
maximum height of 4' for fencing in front yard areas. The BSM for 6' tall fencing in the front
yard area is necessary to create a secure parking area. Additionally, the proposed "Montage II"
fencing/gates are decorative in style and should not be detrimental to the appearance of the site
and should provide for sufficient visibility. No changes are proposed related to storm water
management, landscaping improvements or signage.
RECOMMENDATION
The Plan Commission recommended approval of the General Development Plan and Specific
Implementation Plan with a condition at its July 2, 2019 meeting.
City Hall,215 Church Avenue P.O.Box 1 130 Oshkosh,WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
Respectfully Submitted, Approved:
Mark Lyon Mark A. Rohloff
Planning Services Manager City Manager
City Hall,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
ITEM: PUBLIC HEARING:ZONE CHANGE FROM INSTITUTIONAL DISTRICT (I)
TO INSTITUTIONAL DISTRICT WITH A PLANNED DEVELOPMENT
OVERLAY(I-PD),GENERAL DEVELOPMENT PLAN AND SPECIFIC
IMPLEMENTATION PLAN FOR FENCING AT 215 CHURCH AVENUE
Plan Commission meeting of July 2,2019.
GENERAL INFORMATION
Applicant: Police Department/Department of Community Development
Owner: City of Oshkosh
Action(s) Requested:
The applicant requests a zone change from the existing Institutional District(I) to Institutional
District with a Planned Development Overlay(I-PD) and approval for a General Development
Plan and Specific Implementation Plan for development of a secure parking area.
Applicable Ordinance Provisions:
The Zoning Ordinance does not establish criteria relative to appropriateness of changing zoning
from one classification to another but relies on the Comprehensive Plan and good planning
principles.
Planned Development standards are found in Section 30-387 of the Zoning Ordinance.
Background Information,Property Location and Type:
The subject area consists of one parcel approximately 5.62 acres in size and includes both the
Oshkosh Police Department building and City Hall. The surrounding area consists of a mixture
of institutional, commercial uses and residential uses. The 2040 Comprehensive Land Use Plan
recommends Center City use for the subject area.
Subject Site
Existing Land Use Zoning
Government I
Adjacent Land Use and Zoning
Existing Uses Zoning
North Government, Institutional, &Commercial I,I-PD,UMU, &TR-10 PD
_..........--....._-....----._.._.__.........._............_.._....._........._._....._...._......_.........._..._...................._..._._..._._.................—.._........._._.................._—....................._.......... ---................................................_.........-........_....._..._...........
South Government& Commercial UMU&UMU-UTO
-.......------..........._...---........._.........._._..._ ....-------.............._....._......._..........._........._�.--.............--------.................._...................._.........__.—.........................._................__.........__................__..............
East Commercial&Mixed Use UMU
_._..... --........................_..........._.........---.._..._._.._..._...__............__.....__..--...................._.._,—_......._...__..................---.._._.......__........._—............................................__...-........................._._...........
West Government I I-UTO
Comprehensive Plan Land Use Recommendation Land Use
2040 Land Use Recommendation Center City
ANALYSIS
Use/Site Design
The petitioner is proposing to construct 6' tall decorative metal fencing and gates around the
Police Department parking lot in the southwest portion of the lot. The proposed fencing will
extend into the front yard area along Algoma Blvd. and Jackson St. and is intended to provide
security for police vehicles in the parking lot.
The applicant is requesting a Base Standard Modification(BSM)to allow 6' tall fencing within the
front yard where code allows a maximum height of 4' for fencing in front yard areas. In order to
accommodate the requested increase in allowable fence height,the property will need to be
rezoned to include a Planned Development Overlay (PD). Staff supports the zone change request
to include the Planned Development as it will provide an opportunity to accommodate additional
needs for the site as well as the unique layout of the property.
Staff is supportive of the BSM for 6' tall fencing in the front yard area as it is necessary to create a
secure parking area,which extends into the front yard area along Jackson Street and Algoma
Boulevard. Additionally, the proposed "Montage II" fencing/gates are decorative in style and
should not be detrimental to the appearance of the site and should provide for sufficient visibility.
Storm Water Management/Utilities
No changes are proposed related to storm water management.
Landscaping
No landscaping improvements are proposed as part of this development.
Signage
No signage is being proposed.
FINDINGS/RECOMMENDATION/CONDITIONS
In its review and recommendation to the Common Council on an application for a Planned
Development district, staff recommends the Plan Commission make the following findings based
on the criteria established by Chapter 30-387(C)(6):
(a) The proposed Planned Development project is consistent with the overall purpose and
intent of this Chapter.
(b) The proposed Planned Development project is consistent with the City's
Comprehensive Plan and other area plans. (It is the responsibility of the City to determine
such consistency.)
ITEM-Rezone.GDP.SIP 215 Church Ave. 2
(c) The proposed Planned Development project would maintain the desired relationships
between land uses,land use densities and intensities, and land use impacts in the environs
of the subject site.
(d) Adequate public infrastructure is or will be available to accommodate the range of
uses being proposed for the Planned Development project, including but not limited to
public sewer and water and public roads.
(e)The proposed Planned Development project will incorporate appropriate and adequate
buffers and transitions between areas of different land uses and development
densities/intensities.
(f) The proposed Planned Development project design does not detract from areas of
natural beauty surrounding the site.
(g) The proposed architecture and character of the proposed Planned Development project
is compatible with adjacent/nearby development.
(h) The proposed Planned Development project will positively contribute to and not
detract from the physical appearance and functional arrangement of development in the
area.
(i)The proposed Planned Development project will produce significant benefits in terms
of environmental design and significant alternative approaches to addressing
development performance that relate to and more than compensate for any requested
exceptions/base standard modifications variation of any standard or regulation of this
Chapter.
(j) For Planned Development projects that are proposed to be developed in phases,the
applicant can provide a timeline for development and can demonstrate that the project
would be successful even if all phases were not or could not be completed.
Staff recommends approval of the rezone, General Development Plan and Specific
Implementation Plan with the findings listed above and the following condition:
1. Base Standard Modification(BSM) to allow for 6' tall fencing within a front yard where
code allows a maximum fence height of 4'.
The Plan Commission approved of the rezone, General Development Plan and Specific
Implementation Plan as requested with a condition noted. The following is the Plan
Commission's discussion on this item.
Site Inspections: Report: All commissioners reported visiting the site.
Staff report accepted as part of the record.
The applicant requests a zone change from the existing Institutional District(I) to Institutional
District with a Planned Development Overlay(I-PD) and approval for a General Development
Plan and Specific Implementation Plan for development of a secure parking area.
Mr. Slusarek presented the item and reviewed the site and surrounding area as well as the land
use and zoning classifications in this area. The petitioner is proposing to construct 6' tall
ITEM-Rezone.GDASIP 215 Church Ave. 3
decorative metal fencing and gates around the Police Department parking lot in the southwest
portion of the lot. The proposed fencing will extend into the front yard area along Algoma Blvd.
and Jackson St. and is intended to provide security for police vehicles in the parking lot. The
applicant is requesting a Base Standard Modification(BSM) to allow 6' tall fencing within the
front yard where code allows a maximum height of 4' for fencing in front yard areas. In order to
accommodate the requested increase in allowable fence height, the property will need to be
rezoned to include a Planned Development Overlay(PD). No changes are proposed related to
storm water management, landscaping improvements or signage.
Mr. Fcjtik opened up technical questions to staff.
Mr. Hinz asked if this were a request for a private entity, wouldn't Plan Commission be asking
the applicant to come back in case there were multiple accidents by the access drive.
Mr. Lyons said he agrees with Mr.Hinz. He explained this project started in 2013-2015,prior to
the ordinance update. He said the city bid out the project a number of times and did not get a bid
that was in line for what the project needed. He explained during the latest round of bidding,
they did find a contractor that was willing to take on the project at a cost that was effective. He
said the new code does not allow the fence that was planned to be built and that is the reason for
the request.
Mr. Gierach stated the fence was bid out when the city did the underground detention basin in
front of City Hall but there was not enough funding. He said there was funding put into the 2017
CIP and now the contractor has time to do the work.
Mr. Perry asked what the need for the security is.
Mr. Lyons replied the Police Department has identified vandalism issues with some of the
vehicles. He said they are looking to reduce the cost of the vandalism that has taken place.
Mr. Gierach added there have been several individuals who have jumped on top of police cars
and left tacks or nails behind/under the tires. He said this will also secure the employee entrance.
He said there have been several occasions where an individual turning themselves in for a serious
crime has gone through the employee entrance. He said the fence would help guide the
individuals to the appropriate entrance door.
Mr. Mitchell asked why the fencing was not a part of the parking lot reconstruction.
Mr. Lyons replied a big portion of it was bidding it out to get a price that the city could spend on
it.
Mr. Gierach explained it was originally included in the parking lot plan in 2013 but there was not
enough in the budget.
Mr. Lyons added this project has been on the Police Department's radar for a number of years.
ITEM-Rezone.GDRSIP 215 Church Ave. 4
Mr. Fojtik opened up the public hearing and asked if the applicant wanted to make any
statements.
There were no statements from the applicant
There were no public comments on this item.
Mr. Fojtik closed the public hearing and asked if the applicant wanted to make any closing
statements.
There were no closing statements from the applicant
Motion by Propp to adopt the findings and recommendation as stated in the staff report.
Conditions:
1. Base Standard Modification (BSM) to allow for 6'tall fencing within a front yard where
code allows a maximum fence height of 4'.
Seconded by Ford.
Mr.Mitchell said walking along Jackson Street, there is no terrace. He said there is a small area
between the proposed fence and the street, which has fast moving traffic. He does think it's
unfortunate that in planning the parking lot, they did not add more green space between the road
and the driveway for the fence. He stated he has some safety concerns with the layout of the
parking lot.
Mr. Lyons explained the fence could go in the same location today but could only be 4' tall and
would not need to go through this process. He said the request is to go from 4' to 6'.
Mr.Mitchell asked if there was a setback requirement for fencing.
Mr.Lyons replied there is not. He said any residential property or business can put a fence right
up to their property line.
Motion carried 9-0.
ITEM-Rezone.GDP.SIP 215 Church Ave. 5
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See MONTAGE II"'specifications for post sizing chart.
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openings available for special out to out/leaf widths.
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for installation requirements.
2xctsoo
Title:
MONTAGE II GENESIS 2/3/4-RAIL SGL&DBL GATE 1555 N.Mingo
DR: RTM SH. lof 1 SCALE: DO NOT SCALE ,�� AMERISTAR° Tulsa,OK 74116
1-888-333-3422
CK: ME Date 6/28/10 REV: b www.ameristarf
GATE MOUNTING POSTS
POST
13%6" 10/2„
FENCE
LINE
POST �� 5/2�1 FENCE POST
FENCE LINE
DETAIL A DETAIL B DETAIL C
GATE
HEIGHT
71
4811
GATE OPENING
6'THROUGH 30'(6'-8'TALL) VARIES
6'THROUGH 20'(9'-10'TALL)
Values shown are nominal and not to be used for installation purposes. See product specification for installation requirements.
DETAIL A DETAIL B DETAIL C
qVIEW
O o 0
ISO VIEW FRONT VIEW SIDE VIEW TOP VIEW
TRANSPORT II CANTILEVER GATE SPECIFICATION SUMMARY
U.S.A.PATENT NO. 5,136,813
Material:Aluminum(ASTM B221 -6005-T5)
Track:Proprietary Fast-Trak Extruded Shape
10
Uprights and Diagonal Braces:2" Square x%4"
Security Pales:Proprietary Corrugated Impasse°Shape x%"Thick.
Cantilever Gate Hardware:Kit#TGKOD
Ameristar's TransPort Ornamental Cantilever Gates are designed to be mounted on posts that are off-set from the fence line. By off-setting
the gate posts,the gate will pass between the fence and the mounting posts,keeping it from falling in the event of a track or hardware failure
(a requirement of ASTMF2200).
3TSISO
Ti"e:
TRANSPORT IS STRONGHOLD CANTILEVER GAT 1555 N.Mingo
DR: Cl SH. lof 1 ALE SCALE: DO NOT SC
Atli �Il AMERISTAR® Tulsa,OK 74116
1-888-333-3422
CK: PB Date 6/28/10 REV: b www.ameristarf
REZONE/GDP/SIP 240 ALGOMA BLVD LLC BARBARA YOUNGJDAVID j NESSELER
215 CHURCH AVE 146 ALGOMA BLVD G 1446 W NEW YORK AVE
PC:07-02-19 OSHKOSH WI 54901 OSHKOSH WI 54901
EDELSTEIN PROPERTY GROUP LLC FIRST BAPTIST TEMPLE MARK W AREND
1570 DEERFIELD DR 138 CHURCH AVE 210 CHURCH AVE
OSHKOSH WI 54904 OSHKOSH WI 54901 OSHKOSH WI 54901
NICK A/LISA M JENSEN PORTICO CHURCH INC SANDYS OF OSHKOSH INC
4737 INDIAN BEND RD 302 CHURCH AVE 2100 S KOELLER ST
OSHKOSH WI 54904 OSHKOSH WI 54901 OSHKOSH WI 54902
SCOTT C/NICOLE L BRAYTON SONRISE MISSION INC WALLACE CHILDREN EDUCATION FUND TRUST
143 CHURCH AVE 222 CHURCH AVE 618 BIRCH ST
OSHKOSH WI 54901 OSHKOSH WI 54901 WINNECONNE WI 54986
WINN CTY HISTORICAL&ARCH SOCIETY WINNEBAGO COUNTY COURTHOUSE WIS BELL INC
234 CHURCH AVE PO BOX 2808 722 N BROADWAY ST
OSHKOSH WI 54901 OSHKOSH WI 54903 MILWAUKEE WI 53202
CITY OF OSHKOSH
PO BOX 1130
OSHKOSH WI 54903
Page 9
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,r�information are responsible for verifying accuracy. For full disclaimer please go to Oshkosh
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J:\GIS\Planning\Plan Commission Site Plan Map Template\Plan Commission Site Plan Map Template.mxd User:minak