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HomeMy WebLinkAboutMinutes PLAN COMMISSION MINUTES January 21,2020 PRESENT: Lynnsey Erickson, Thomas Fojtik,Michael Ford,John Hinz,John Kiefer,Justin Mitchell,Lori Palmeri, Thomas Perry, Kathleen Propp EXCUSED: Mamadou Coulibaly, Derek Groth STAFF: Allen Davis, Community Development Director; Kelly Nieforth, Economic Development Services Manager;Justin Gierach, Engineering Division Manager/ City Engineer;Brian Slusarek, Planner;Jeff Nau,Associate Planner; Steven Wiley, Assistant Planner;Andrea Flanigan, 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 January 7, 2020 were approved as presented. (Hinz/Propp) I. GRANT PRIVILEGE IN THE STREET FOR A GROUNDWATER MONITORING WELL AT THE NORTH 100-200 BLOCKS OF E. PACKER AVENUE Site Inspections: Report: No commissioners reported visiting the site. Staff report accepted as part of the record. General Engineering Company by request of the Wisconsin Department of Natural Resources (WIDNR) is applying for a privilege-in-the-street to allow for installation of one groundwater monitoring well in City right-of-way. Mr. Nau presented the item and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. The WIDNR has contracted with General Engineering Company to oversee installation of one two-inch monitoring well in the terrace area of E. Packer Avenue. The purpose of the monitoring well is to define the extent of ground water contamination emanating from underground storage tanks at the Witzke Electric property, 155 E. Packer Avenue. The precise location of the well will be determined the day of the well installation after drilling two soil borings on the Witzke property to observe the direction of ground water flow. Based on the findings from the monitoring well, additional wells may be required. The requirement for placing additional wells will be to coordinate with the Department of Public Works to determine the precise location and obtain necessary permits. He said there were two conditions that were added. He explained staff thought it was prudent for the applicant to notify the neighbor adjacent to the terrace prior to construction and staff is also conditioning that Engineering Staff be present during the installation. He said staff recommends approval of the request for privilege-in-the-street with the conditions listed in the staff report. Plan Commission Minutes 1 January 21,2020 Mr. Fojtik opened technical questions to staff. Mr. Mitchell asked what the steps would be if water pollution is detected. He questioned if there would be additional public notice or if it would have broader implications. Mr. Gierach replied it would go to the DNR to figure out what the contaminations are and what they would need to do for it. He said as part of the request staff is adding the condition that the applicant notify city staff so they are aware. He reiterated any notification requirements would be handled by the DNR. Ms. Palmeri asked what prompted this by the Witzke property and if it had anything to do with them having underground storage tanks. She also asked if there were underground storage tanks at the Oshkosh Corporation property and if so, would these wells monitor those tanks. Mr. Nau answered this investigation does not cover the Oshkosh Corporation's property. He explained there must be some sort of history where the DNR was made aware that there were underground storage tanks at some point and maybe some evidence of contamination and are now investigating the extent of the contamination. He stated the narrative did not address how it was originated. Ms. Palmeri asked again if there were underground storage tanks at the Oshkosh Corporation site. Mr. Nau replied he did not know. Mr. Hinz asked if the wells were on both sides of the driveway to determine groundwater flow. Mr. Nau replied affirmatively. He said based on the findings of the test borings, the applicant is using a broad area to ensure all bases are covered. Ms. Palmeri asked if Mr. Nau had a map of the plume. Mr. Nau said he did not. He said he thinks that is part of the reason for the request, to determine if there is a plume. Mr. Fojtik asked if there were any public comments 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 public comments and asked if the applicant wanted to make any closing statements. Plan Commission Minutes 2 January 21,2020 There were no closing statements from the applicant. Motion by Ford to adopt the findings and recommendation as stated in the staff report with the two additional conditions. Conditions: 1. The Petitioner shall follow all of the current edition of the Standard Specifications for City of Oshkosh, Wisconsin for construction, along with all Municipal Code requirements. 2. The Petitioner shall work with the Department of Public Works regarding the precise location of the monitoring well within the public right-of-way. The Department of Public Works shall approve the precise location, but the approval shall not be unreasonably denied. 3. When the monitoring well is abandoned, it shall be removed no less than thirty-six (36) inches below the surface, and then abandoned according the requirements of the Wisconsin Department of Natural Resources, or the U.S. Environmental Protection Agency, or other applicable regulatory bodies. 4. The petitioner shall provide to the City in writing notice of the structures abandonment. 5. Petitioner shall provide copies of information and materials related to the monitoring well on City property that are also submitted to the Wisconsin Department of Natural Resources and/or the U.S. Environmental Protection Agency. 6. Petitioner is responsible for costs, expenses, and damages to the extent they are related to Petitioners activities pursuant to the Privilege in the Street. Any problem that may arise as a result of the installation of the monitoring well be the responsibility of the petitioner to correct in coordination with the Department of Public Works. 7. All appropriate permits, including but not limited to right-of-way permits, are obtained prior to the start of the monitoring well placement. S. The petitioner expresses the potential for additional contingency monitoring wells based on findings of the initial monitoring well. If additional monitoring wells are required, proposed well location(s) shall be submitted to the Department of Public work for review prior to placement of said monitoring well(s). Additional wells shall be located within the project area indicated on the submitted site plan. 9. The petitioner/owner secures and submits to the City Clerk a separate insurance policy which names the City of Oshkosh, and its officers, Council members, agents, employees and authorized volunteers as additional insured's with a minimum commercial general liability coverage of$200,000 per occurrence and$500,000 in general aggregate. 10. 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 may result in the revocation of the privilege in street within ten (10) days of notice. 11. The petitioner shall enter into a privilege in the street agreement that will formalize the agreement between the City and the petitioner. The agreement shall include these Plan Commission Minutes 3 January 21,2020 conditions, and City staff is also authorized to include additional conditions that are in the best interests of the City. 12. The facility is part of and documented with Digger's Hotline system. 13. The Petitioner shall take into consideration the City's use of the right-of-way and as a result plan its actions to provide the least amount of disruption that is reasonably possible. 14. Petitioner shall notify property owner adjacent to the right-of-way terrace two days prior to commencement of well installation per language in the Privilege in the Street Agreement. 15. Petitioner or representative party there of performing the work for installation with the City shall coordinate the time at which said well installation shall occur to notify Engineering Staff such that City staff shall be present prior to the time of installation to officially verify the proposed well location as acceptable within the Exhibit A location and any additional wells which may follow for further testing perimeter determination. Seconded by Kiefer. Mr. Fojtik asked if there was any discussion on the motion. There was no discussion on the motion. Motion carried 9-0. II. PUBLIC HEARING: ZONE CHANGE FROM URBAN MIXED USE DISTRICT (UMU) TO URBAN MIXED USE DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (UMU-PD) FOR PROPERTIES LOCATED AT THE 700 BLOCK OF SOUTH MAIN STREET Site Inspections: Report: Mr. Kiefer and Ms. Propp reported visiting the site. Staff report accepted as part of the record. The applicant requests a zone change from the existing Urban Mixed Use District(UMU) to Urban Mixed Use District with a Planned Development Overlay (UMU-PD) for properties located at the 700 block of S. 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. The subject property is also located in the South Shore East and South Shore Central (Sawdust District) planning areas identified in the Imagine Oshkosh (2017) plan. The City is requesting this zone change to establish a Planned Development Overlay to help expedite redevelopment of the site. Also,with the property being located within an identified planning area, a Planned Development Overlay will be beneficial as it will allow for further review of future land use. No changes to the site are being proposed at this time. He said staff recommends approval of the zone change from Urban Mixed Use District (UMU) to Urban Mixed Use District with a Planned Development Overlay (UMU-PD) at the 700 block of S. Main Street as requested. Plan Commission Minutes 4 January 21,2020 Mr. Fojtik opened up technical questions to staff. Mr. Ford asked if there was any specific project that prompted this request. Ms. Nieforth replied the RDA did approve an option to a developer (Andy Dumke, Cal Schultz, Tim Hess and Chet Wesenberg) to construct low income housing. She said they are going for some LIHTC tax credits right now. Mr. Ford asked if there was a timeline on when it would come to Plan Commission. Mr. Nieforth answered the developers will find out this spring if they received the tax credits. She said if they don't, they have mentioned trying again next year. She explained if that were to happen,the option would go into next year. Mr. Mitchell questioned what type of uses and changes would occur by adding the Planned Development. Ms. Nieforth referred to the Imagine Oshkosh Plan and Comprehensive Plan and explained the types of uses the Plans are recommending. Mr. Slusarek added the request allows flexibility. He said the lot is triple-fronted which creates a hardship and the Planned Developed will give more options. Mr. Hinz asked if this was the best site for low income housing when the Plans mention entertainment district. Ms. Nieforth said the interesting thing about low income and what the thresholds are is that Oshkosh's market rate is not far from low income. She explained the monthly rates are not much lower. She said these are going to be very nice looking low income facilities with underground parking and various amenities. She stated the group that is doing the project has done a very good job on previous projects in the city. Ms. Propp asked for confirmation that this was low income housing and not low income senior housing. Ms. Nieforth replied affirmatively. Ms. Palmeri commented as she recalled there were a lot of three bedroom apartments proposed. Ms. Nieforth confirmed there was a mix of one, two and three bedroom apartments. Mr. Fojtik opened up the public hearing and asked if the applicant wanted to make any statements. There were no statements from the applicant. Plan Commission Minutes 5 January 21,2020 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 Kiefer to adopt the findings and recommendation as stated in the staff report. Seconded by Propp. Mr. Fojtik asked if there was any discussion on the motion. There was no discussion on the motion. Motion carried 9-0. III. GENERAL DEVELOPMENT PLAN AND SPECIFIC IMPLEMENTATION PLAN APPROVAL FOR OFFICE AND RETAIL DEVELOPMENT AT 1650-1660 OSHKOSH AVENUE Site Inspections: Report: Ms. Erickson, Mr. Fojtik, Mr. Hinz and Ms. Propp reported visiting the site. Staff report accepted as part of the record. The petitioner requests approval of a General Development Plan (GDP) and Specific Implementation Plan(SIP) for an office and retail development at 1650-1660 Oshkosh 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. The proposed development consists of a two story 22,432 sq. ft. office building, 6,043 sq. ft. three-tenant retail building including a drive-thru and associated parking lot. The proposed office building will be located on the northeast portion of the site with the retail building located on the southern portion of the site. According to the applicant, the eastern unit of the retail building will be occupied by a national coffee company with the remaining tenants not yet identified. The landscape plan meets the total point requirement for building foundations for both the office and retail buildings. Landscaping has also been added around the monument sign to soften its appearance from the public right-of-way. The retail building elevations meet design standards requirements for building materials but the office building does not. The proposed elevations for the retail building meet the banding and variation standards. The office building elevations also meet building composition. He said staff recommends approval of the General Development Plan and Specific Implementation Plan with the findings and conditions listed in the staff report. Plan Commission Minutes 6 January 21,2020 Mr. Fojtik opened technical questions to staff. Mr. Hinz asked what the Class I materials were for the entire building as a whole. Ms. Nieforth and Mr. Slusarek replied 75%. Ms. Palmeri asked for the definition of Interstate Commercial which is listed in the Comprehensive Plan. Mr. Slusarek replied it for land uses that are specifically located along the Interstate. Mr. Mitchell inquired about the access points for the site and the main access points for the park. He raised his concerns about pedestrian safety and asked if there would be pedestrian safety signs installed. Ms. Nieforth explained as part of the Park Plan, they are looking at adding a trail to the north of the property that will connect to another trail to the west to ensure pedestrian safety. She said there will be signage and signage for vehicles as well. Mr. Mitchell asked if there would be any type of bicycle infrastructure at the site. Ms. Nieforth replied they will have to have a bike rack per code. Ms. Erickson asked if there was a bus stop near the site. Ms. Nieforth answered there are two in the neighborhood. Ms. Propp questioned if there was landscaping within the drive-thru area. Mr. Slusarek pointed out the landscaping and replied affirmatively. Mr. Fojtik asked if there were any public comments and asked if the applicant wanted to make any statements. Steve Hoopman (applicant) 5105 I Ah May Tah Road, stated he is available for questions. Ms. Palmeri asked if the bike trail, to the north of the site, would be on this property or the park's property. Ms. Nieforth replied it would be on the park's property. Mr. Mitchell asked if these projects also incorporated Focus on Energy like the previous project request. Plan Commission Minutes 7 January 21,2020 Mr. Hoopman replied affirmatively. He explained all the energy codes today have to meet a certain standard. He said the lights on the second floor of the office building have it written in their lease as to the energy efficient lighting system. Mr. Mitchell asked if there was anything related to water conservation such as the EPA's WaterSense Program. Mr. Hoopman replied just the low flush toilets and similar items like that. He explained Wisconsin standards are now at a point where conservation is calculated into everything. Mr. Mitchell asked if there was any focus on recycled material or regional source materials. Mr. Hoopman replied not really. Ms. Propp asked if Mr. Hoopman if he had any issues with the minor changes staff made or conditions. Mr. Hoopman answered he does not see any issues with the changes or conditions. There were no other public comments on this item. Mr. Fojtik closed public comments and asked if the applicant wanted to make any closing statements. There were no closing statements from the applicant. Motion by Kiefer to adopt the findings and recommendation as stated in the staff report. Conditions: 1. Cross access agreement for shared parking lot shall be filed with the Winnebago County Register of Deeds. 2. BSM to allow reduced main entrance side building foundation landscaping points to 26.9 points for the retail building(as shown on plan), where 68 points are required. Minimum 68 landscaping points must be installed along the south building foundation of the retail building. 3. BSM to allow 10 foot width for 0.4 opacity bufferyard without 6'solid fencing. 4. BSM to allow reduced front yard setback(south)for monument sign to 13'. 5. BSM to allow reduced class I building materials on east and west facades of office building from 75% to 69%. 6. BSM to allow reduced window/door area on ground floor of street facing facade from 40% to 23%. 7. Minimum 200 tall/medium evergreen tree landscaping points shall be provided to screen south side of drive-through lane from Oshkosh Ave. public right-of-way. Plan Commission Minutes 8 January 21,2020 Seconded by Erickson. Mr. Fojtik asked if there was any discussion on the motion. Mr. Hinz thanked the developer for working with Plan Commission and staff through various workshops. He said a lot of their input has been taken to heart and it shows in the plans. He stated it is great to see the relationship between the developers, staff and Commission. Mr. Ford agreed with Mr. Hinz. He said the office building is a good example of the Class I materials usage. He added the elevations and landscaping are also good examples of the intent of the code. Motion carried 9-0. There being no further business, the meeting adjourned at approximately 4:29 pm. (Hinz/Kiefer) Respectfully submitted, Kelly Nieforth Economic Development Services Manager Plan Commission Minutes 9 January 21,2020