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HomeMy WebLinkAboutMinutesPLAN COMMISSION MINUTES May 19, 2020 PRESENT: Mamadou Coulibaly, Margy Davey, Thomas Fojtik, Michael Ford, Derek Groth, John Hinz, John Kiefer, Thomas Perry, Kathleen Propp EXCUSED: Justin Mitchell, Lori Palmeri STAFF: Mark Lyons, Planning Services Manager; Kelly Nieforth, Economic Development Services Manager; Justin Gierach, Engineering Division Manager / City Engineer; Brian Slusarek, Planner; Jeff Nau, Associate Planner; Steven Wiley, Associate Planner Chairperson Fojtik called the meeting to order at 4:00 pm. Roll call was taken and a quorum declared present. The minutes of April 21, 2020 were approved as presented. (Hinz/Propp) I. ACCEPT STORM SEWER EASEMENT AT 1658 MARICOPA DRIVE Site Inspections Report: Mr. Fojtik reported visiting the site. Staff report accepted as part of the record. The City of Oshkosh is requesting acceptance of an easement to allow placement of storm sewer facilities at the northeast corner of 1658 Maricopa Drive. 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 proposed easement is nearly an equilateral triangle, 15.00' x 15'00; x 15.11' and 97.92 square feet in size, located at the northeast corner of the property. The City plans to install a storm sewer inlet and associate piping within this easement. The new inlet will improve surface drainage from the owner's property and help the City's overall storm water management system in the area. The City will have continued rights to access the easement area to maintain the facilities. The City has been working with the property owner and he has agreed to grant the easement. He said staff recommends approval of the acceptance of the proposed storm sewer easement as proposed. Mr. Fojtik opened technical questions to staff. There were no technical questions on this item. Mr. Fojtik asked if there were any public comments and asked if the applicant wanted to make any statements. Plan Commission Minutes May 19, 2020 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. There were no closing statements from the applicant. Motion by Ford to adopt the findings and recommendation as stated in the staff report. Seconded by Hinz. Mr. Fojtik asked if there was any discussion on the motion. There was no discussion on the motion. Motion carried 9-0. Mr. Fojtik welcomed Margy Davey, the new board member, to the Plan Commission. II. STREET RIGHT-OF-WAY DEDICATION ALONG THE SOUTH SIDE OF THE 2600 BLOCK OF WITZEL AVENUE Site Inspections Report: No commissioners reported visiting the site. Staff report accepted as part of the record. The applicant requests the acceptance of street right-of-way along the south side of the 2600 Block of Witzel Avenue. 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 City of Oshkosh is requesting a right-of-way dedication to widen this section of the south Witzel Avenue right-of-way to 50 feet and 100 feet overall. This is the only section of Witzel Avenue from Maryden Road to Oakwood Road not dedicated at the full 100 foot width. The dedication is included on a draft Certified Survey Map (CSM) recently approved by the City. The area to the south and east is currently seeking approval of a Comprehensive Land Use Plan amendment and zone change for a proposed multifamily development. The proposed rectangular dedication lies at the northwest corner of the proposed CSM and will be 5 feet wide by 225 feet long and 1,125 square feet in area. Once city staff approves the CSM it will be recorded at the Winnebago County Register of Deeds. The dedication will become official upon approval by the Common Council. He said staff recommends acceptance of the right-of-way dedication along the south side of the 2600 Block of Witzel Avenue as proposed. Plan Commission Minutes May 19, 2020 Mr. Fojtik opened technical questions to staff. There were no technical questions on this item. Mr. Fojtik asked if there were any public comments. There were no public comments on this item. Mr. Fojtik closed public comments. Motion by Hinz to adopt the findings and recommendation as stated in the staff report. Seconded by Perry. Mr. Fojtik asked if there was any discussion on the motion. There was no discussion on the motion. Motion carried 9-0. III. PUBLIC HEARING: ZONE CHANGE FROM BUSINESS PARK (BP) DISTRICT TO BUSINESS PARK WITH A PLANNED DEVELOPMENT OVERLAY (BP-PD) DISTRICT FOR PROPERTIES (3 PARCELS) LOCATED AT THE NORTHEAST CORNER OF JACKSON STREET AND W. FERNAU AVENUE Site Inspections Report: Mr. Hinz, Mr. Perry and Ms. Propp reported visiting the site. Staff report accepted as part of the record. The applicant requests a zone change from the existing Business Park (BP) District to Business Park with a Planned Development Overlay (BP-PD) District for 3 parcels (Parcel IDs 91519601801, 91519601802 and 91519601803) located at the northeast corner of Jackson Street and W. Fernau Avenue. Mr. Wiley presented the item and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. The applicant requests the zone change from BP to BP-PD to provide uniform zoning for all three parcels and to have the property zoned appropriately for future redevelopment of the site. Staff is supportive of the request as the proposed zone change will provide consistent zoning for the lot. As the lot no longer contains residential uses and the 2040 Comprehensive Plan recommends Industrial land use, the proposed BP-PD zoning designation is appropriate for the site. The proposed zoning designation will be consistent with the zoning along Jackson Street to the south and serve as a buffer between the heavy industrial uses to the east and the Jackson Street corridor to the west. The zone change is the first step in the Plan Commission Minutes May 19, 2020 applicant's plans for the site. Once the applicant combines the three parcels, he intends to seek approval for the construction of a storage facility on the site. He said staff recommends approval of the zone change from Business Park (BP) District to Business Park with a Planned Development Overlay (BP-PD) District for the 3 parcels located at Jackson Street and W. Fernau Avenue. Mr. Lyons clarified by approving this request, it is only to approve that the zone change is consistent with the Comprehensive Plan. He said the Planned Development piece will be dealt with at a later time. Mr. Fojtik opened technical questions to staff. Mr. Perry asked what the zoning was for the property to the east and if it was zoned with a Planned Development Overlay. Mr. Lyons and Mr. Wiley replied it is zoned Heavy Industrial with no Planned Development Overlay. Mr. Perry said he is aware of a current movement throughout the state in which Heavy Industrial properties are requesting to be rezoned because the business is no longer recognized by the original service for what it once served. He questioned if this were to occur in the area, would rezoning this property create an island. Mr. Lyons explained that the Business Park (BP) zoning is a hybrid commercial industrial district with a Planned Development Overlay. He said a zone change to BP should not create an island. He explained rezoning the Heavy Industrial property to the east could be challenging because it is in the Industrial Park which has its own covenants and restrictions. He reiterated he does not see an issue in the zoning code if it needed to be rezoned using the BP zoning. 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 Ford to adopt the findings and recommendation as stated in the staff report. Seconded by Hinz. Mr. Fojtik asked if there was any discussion on the motion. Plan Commission Minutes May 19, 2020 There was no discussion on the motion. Motion carried 9-0. IV. PUBLIC HEARING: CONDITIONAL USE PERMIT REQUEST TO ALLOW A ROOF - MOUNTED SMALL SOLAR ENERGY SYSTEM AT 11 CHATEAU TERRACE Site Inspections Report: Ms. Propp reported visiting the site. Staff report accepted as part of the record. The applicant is requesting a Conditional Use Permit to allow placement of a small roof -mounted solar energy system on an existing single-family house located at 11 Chateau Terrace. 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 applicant is proposing to install a multi -panel solar array on the roof of the existing home which will produce up to 3.8kW AC/4.96 kW DC of electric power. The purpose of the array is to reduce the consumption of energy from local service providers. The array will consist of two groups of eight 5.38-foot x 3.25-foot panels. The panels will be installed on the south -facing section of the roof to take full advantage of the suri s rays. The submitted site plan shows the configuration of how the panels will be installed with accessory hardware, along with a temporary staging area adjacent to the driveway. The proposed placement is in the most logical location available. Although the array is in view from the public street, southern exposure is most desirable to take advantage of the suri s rays. Staff is in support of the proposed small solar energy system as the accessory use should not be detrimental to the surrounding area. He said staff recommends approval of the proposed Conditional Use Permit for installation of a small solar energy system accessory use at 11 Chateau Terrace as proposed with the findings listed in the staff report. Mr. Fojtik opened technical questions to staff. Mr. Perry inquired about the pitch of the roof because there is glare that comes off of solar panels if the pitch is pretty steep. He said if the panels are facing south, there is a potential for glare all day long. He stated he is in support of solar renewable energy but feels standards should be adopted for requests like this. Mr. Hinz asked if there were any standards from the City in regard to solar panels. Mr. Lyons replied the State limits the ability for the City to do much with these as stated in the staff report. He said he would recommend getting legal advice before adding standards because requests like these are highly regulated by the State on what the City is allowed to do. Mr. Hinz asked if public safety could be an issue due to the glare. Plan Commission Minutes May 19, 2020 Mr. Lyons replied if it could be proven that it was a public health safety due to the glare, it could be something that could be conditioned or used as a basis for denial. Mr. Perry stated it should be looked into more because there are some significant roof pitches in the community. Mr. Lyons explained the state law. He said it is definitely something staff can look into more as they did the metal roofs. Mr. Hinz asked for staff to pull up the Google Street View. Mr. Perry said the glare could be an issue over the garage but he does not see issues anywhere else. Mr. Hinz asked if this item went to Council. Mr. Lyons replied it would go to Council for final approval. 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. Seconded by Hinz. Mr. Fojtik asked if there was any discussion on the motion. Mr. Ford stated he would inform Council of the Plan Commission's concerns when he gives his boards update report at Council. Motion carried 9-0. V. GENERAL DEVELOPMENT PLAN AND SPECIFIC IMPLEMENTATION PLAN APPROVAL FOR PERSONAL STORAGE FACILITY LOCATED AT 0 (1407) BROAD STREET This item has been withdrawn by the applicant. Plan Commission Minutes May 19, 2020 VI. PUBLIC HEARING: CONDITIONAL USE PERMIT REQUEST FOR AN OUTDOOR COMMERCIAL ENTERTAINMENT USE AT 701 N. MAIN STREET Site Inspections Report: Ms. Propp reported visiting the site. Staff report accepted as part of the record. The applicant is requesting a Conditional Use Permit to establish a tavern with an outdoor commercial entertainment use. 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 applicant has been working with City staff on plans to rebuild the former Mabel Murphy's tavern. The submitted plans include enclosed and open outdoor patio areas. The outdoor patio areas are considered outdoor commercial entertainment, which requires a conditional use permit in the UMU district. The proposed tavern will be constructed in the same location as the original Mabel Murphy's building. The plans also include a 15' X 72' patio area on the north side of the building, including a 34' X 8' enclosed patio area attached to the building. He said staff recommends approval of the proposed Conditional Use Permit for an outdoor commercial entertainment use at 701 N. Main Street as proposed with the findings listed in the staff report. Mr. Fojtik opened technical questions to staff. Ms. Propp asked if the Conditional Use Permit (CUP) request was only for the patio and it was not for authorizing bands or loud noise at this point. Mr. Slusarek explained because the property is zoned Urban Mixed Use, any outdoor entertainment use requires a CUP. Ms. Propp asked if approval of music, bands, etc. would come later as part of the Planned Development. Mr. Lyons explained the CUP would be the final approval for the outdoor entertainment. He said the applicant can use the outdoor entertainment for dining, music, etc. but would still have to comply with all city ordinances including the noise ordinance. Mr. Perry asked if the patio was going to be in the space the other building was in. Mr. Lyons replied affirmatively. He said it will be on the north side where the other building used to sit. Mr. Fojtik opened up the public hearing and asked if the applicant wanted to make any statements. Plan Commission Minutes May 19, 2020 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. 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 Ford to adopt the findings and recommendation as stated in the staff report. Seconded by Perry. Mr. Fojtik asked if there was any discussion on the motion. There was no discussion on the motion. Motion carried 9-0. VII. PUBLIC HEARING: CONDITIONAL USE PERMIT REQUEST FOR AN OUTDOOR STORAGE AREA AT 2676 S. OAKWOOD ROAD Site Inspections Report: Mr. Hinz and Ms. Propp reported visiting the site. Staff report accepted as part of the record. The petitioner requests a conditional use permit for an outdoor storage area at 2676 S. Oakwood Road. Mr. Wiley presented the item and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. Muza intends to create a secure, fenced -in area for the storage of raw materials used for the production of sheet steel products. The storage area will also house Muza's vehicle fleet. The storage area as proposed will include approximately 2.06 acres of paved area. Muza plans to add approximately 90 parking spaces to accommodate employee parking. The storage lot expansions and new parking lot will increase the amount of impervious surface area on the site but will still be below the maximum impervious surface ratio permitted. The outdoor storage area will not have an impact on vehicle or pedestrian circulation. Muza will add a second access drive from Badger Avenue to the north. Overall site landscaping plan submitted by the petitioner: currently the plan shows paved area and street frontage landscaping. Plan Commission Minutes May 19, 2020 Yard landscaping will also be required. Staff will require a code -compliant photometric plan as part of the Site Plan Review process. The petitioner is not proposing any changes to the on -site signage or to the existing building facades. The Department of Public Works will require a full storm water review through the Site Plan Review process. He said staff recommends approval of the proposed Conditional Use Permit for an outdoor storage area at 2676 S. Oakwood Road with the findings and conditions listed in the staff report. Mr. Fojtik opened technical questions to staff. Ms. Propp asked if the east side of the property would remain as greenspace. Mr. Wiley replied at this point it would remain as greenspace. 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. Mr. Fojtik closed public comments and asked if the applicant wanted to make any closing statements. There were no closing statements from the applicant. Ms. Propp commented green lawns out in the Industrial Park are gorgeous. She commended the ordinance and the industries for doing that. Mr. Fojtik said he goes through the area all the time and it is a very nice area. Motion by Hinz to adopt the findings and recommendation as stated in the staff report. Conditions: All outdoor storage areas must be completely enclosed by 8 foot tall solid (at least 90% opaque) fencing. Owner/Applicant shall submit fencing specifications/details to staff for Department of Community Development review. Petitioner shall submit a revised landscaping plan with code -compliant species and code - compliant landscaping point totals for Department of Community Development review. Seconded by Propp. Plan Commission Minutes May 19, 2020 Mr. Fojtik asked if there was any discussion on the motion. There was no discussion on the motion. Motion carried 9-0. VIII. PUBLIC HEARING: ZONE CHANGE FROM HEAVY INDUSTRIAL DISTRICT (HI) TO HEAVY INDUSTRIAL DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (HI-PD) AND APPROVAL OF A GENERAL DEVELOPMENT PLAN AND SPECIFIC IMPLEMENTATION PLAN FOR A RAIL YARD EXPANSION AT 191 W. 28TH AVENUE Site Inspections Report: Ms. Propp reported visiting the site. Staff report accepted as part of the record. The applicant requests a zone change from the existing Heavy Industrial District (HI) to Heavy Industrial District with a Planned Development Overlay (HI-PD). The applicant also requests approval of General Development Plan and Specific Implementation Plan to allow for expansion of a rail yard. 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 applicant is proposing to construct a private rail yard that will connect to the Canadian National area service track that runs along the west side of the subject property. This rail yard will take the place of the existing unsecured facility located north of Oregon Street. The project includes 5 separate spur tracks for railcar storage to be constructed in the initial phase with space reserved to accommodate 2 additional spur tracks for future growth. The applicant is requesting a zone change to add a Planned Development Overlay due to the several Base Standard Modifications that are required to allow for the proposed rail yard. The applicant is requesting several BSMs, primarily related to setback requirements. To offset the requested setback reductions the applicant has provided roughly 5 times the required points for street frontage landscaping and more than doubled the total points required overall. The increased landscaping will serve to mitigate the impacts of the reduced setbacks on the surrounding area. He said staff recommends approval of the rezone, General Development Plan and Specific Implementation Plan with the findings and conditions listed in the staff report. Mr. Fojtik opened technical questions to staff. There were no technical questions on this item. 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 10 May 19, 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. 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 Propp to adopt the findings and recommendation as stated in the staff report. Conditions: 1. BSM to allow reduced front yard setback to 10' (south). 2. BSM to allow reduced street side setback to 10' (east). 3. BSM to allow reduced street side setback for light pole to 26' 718" (east). 4. BSM to allow rail bumper within 30' X 30' vision clearance triangle. 5. Final location of rail bumper shall be reviewed and approved by the Department of Public Works. 6. BSM to allow 8' tall chain link fencing with barbed wire fencing within front yard areas. 7. BSM to allow stone/gravel surfacing for the trackmobile path. 8. BSM to allow 0 street frontage landscaping points devoted to medium trees on the W. Waukau Avenue frontage. 9. Final landscaping plan shall be reviewed and approved by the Department of Community Development. Seconded by Ford. Mr. Fojtik asked if there was any discussion on the motion. There was no discussion on the motion. Motion carried 9-0. IX. PUBLIC HEARING: ZONE CHANGE FROM INSTITUTIONAL DISTRICT (I) TO INSTITUTIONAL DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (I-PD) & APPROVAL OF A GENERAL DEVELOPMENT PLAN FOR MODIFICATIONS TO THE SUNNYVIEW EXPO CENTER AT 500 E. COUNTY ROAD Y Site Inspections Report: No commissioners reported visiting the site. Plan Commission Minutes 11 May 19, 2020 Staff report accepted as part of the record. The applicant requests a zone change from the existing Institutional District (1) to Institutional District with a Planned Development Overlay (I-PD). The applicant also requests approval of a General Development Plan for modifications to the Sunnyview Expo Center. 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 applicant is requesting a zone change to allow for expansion to the expo center parking facilities that do not meet surfacing requirements. The applicant is proposing several improvements to the Sunnyview Expo Center with a two -phased approach. The intent of the project is to expand campground areas and install new electrical services for existing and new RV sites. A conceptual layout plan has been submitted for Phase I of the project, which is for expansion and improvement of the expo east campus. The applicant notes that Phase I of the improvements is anticipated to be begin in fall of 2020 and intend to follow with Phase II for improvements to the west campus parking lot areas to begin in fall of 2021. No new signage is being proposed. A full landscaping plan, lighting plans and storm water plan will be required to be submitted as part of the SIP application. No changes to the existing building facades is being proposed with this request. He said staff recommends approval of the rezone and General Development Plan with the findings listed in the staff report. Mr. Lyons reminded Plan Commission about the workshop that occurred about a year and a half ago relating to this request. He gave a brief summary of the workshop and what was discussed at that time. He said the applicant will submit for each phase of the project as funding becomes available. Mr. Fojtik opened technical questions to staff. Mr. Ford commented as he recalls, there were some severe drainage issues that the applicant wanted to address. Mr. Lyons stated there are a lot of drainage issues in the area and explained that the applicant is hoping to address those issues with each of the phases. 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. Plan Commission Minutes 12 May 19, 2020 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 Ford to adopt the findings and recommendation as stated in the staff report. Seconded by Hinz. Mr. Fojtik asked if there was any discussion on the motion. Ms. Propp commented this will improve the site and she is looking forward to it. Mr. Fojtik agreed. Motion carried 9-0. PLANNING DIRECTOR'S REPORT Mr. Lyons handed Mr. Fojtik a certificate and thanked him for his 15 years of service on the Plan Commission as well as his 12 years as a Chair. Mr. Fojtik stated land use is a huge issue. He said he continues to be impressed by city staff working with people, astounded by the number of people who watch Plan Commission on TV and intrigued by the amount of concern and care from citizen about what goes on in the city. He clarified that Plan Commission does not approve items based on the specific business but they approve the use because it fits the zoning. He said he is grateful to have worked with a great group of people and thanked everyone. Ms. Propp said Mr. Fojtik has done a great job and he will be missed. Mr. Hinz thanked Mr. Fojtik for being a great mentor to him for the 10 plus years he has been on the Plan Commission. There being no further business, the meeting adjourned at approximately 5:01 pm. (Propp/Hinz) Respectfully submitted, Mark Lyons Planning Services Manager Plan Commission Minutes 13 May 19, 2020