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HomeMy WebLinkAboutMinutesPLAN COMMISSION MINUTES January 5, 2021 PRESENT: Mamadou Coulibaly, Margy Davey, Michael Ford, John Hinz, John Kiefer, Phil Marshall, Justin Mitchell, Thomas Perry, Kathleen Propp, Jay Stengel EXCUSED: Derek Groth STAFF: Mark Lyons, Planning Services Manager; Allen Davis, Community Development Director; Brian Slusarek, Planner; Jeff Nau, Associate Planner Vice Chairperson Hinz called the meeting to order at 4:00 pm. Roll call was taken and a quorum declared present. The minutes of December 15, 2020 were approved as presented. (Kiefer/Ford) I. PRIVILEGE IN THE STREET REQUEST TO ALLOW PLACEMENT OF A GATE AND FENCE WITHIN THE BRADLEY STREET RIGHT-OF-WAY AT 191 W. 28TH AVENUE (HYDRITE CHEMICAL) Site Inspections Report: No commissioners reported visiting the site. Staff report accepted as part of the record. The applicant requests a privilege in the Bradley Street right-of way to allow construction of an eight-foot tall chain-link gate/fence with barbed wire over a portion of Merritt’s Creek. Mr. Nau presented the item and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. Operations at the new Hydrite Chemical Co. Rail Yard 28th Avenue facility require a secure perimeter per Department of Homeland Security guidelines. The east boundary along Bradley Street includes a problematic crossing of Merritt’s Creek. As a designated navigable waterway, the applicant is unable to install any fencing within the water envelope which may impede access. The existing culverts do not extend sufficiently beyond the Bradley Street boundary to provide a suitable platform to install fencing. Activities to permanently extend the existing culvert westward into Hydrite property would be more appropriately performed in 2022 when Bradley Street is scheduled for reconstruction. The applicant is requesting a temporary privilege of right of way to allow the installation of fencing on the existing concrete shoulder on the west side of Bradley road as it crosses the creek. The proposed location is approximately seven (7) feet beyond the western edge of the existing asphalt roadway and poses no interference with traffic. Access to the creek from the road would be provided by two (2) swing gates which would form the fence crossing. He said that staff recommends approval of the privilege in the street request for the proposed gate and fencing with the findings and conditions listed in the staff report. Mr. Hinz opened up technical questions to staff. There were no technical questions on this item. Mr. Hinz asked for 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. Hinz closed public comments. Motion by Ford to adopt the findings and recommendation as stated in the staff report. Conditions: Initial installation requires an approved right-of-way permit and license be obtained prior to any construction being carried out in the public right-of-way The construction of the shown gated access must be allowed to be swung fully open to the full width of the gate entrance in such a manner that traffic remains unaffected. The City's preference would be to have the gates constructed with the entrance sections opening onto private property rather than the public right of way. It is under this design the gate will unlikely be effected by changes in grade surrounding the culvert and encased concrete grade changes located in the right-of-way while continuing to maintain proper access to the creek storm water drainage easement. The fence detail show the construction of an upper security wire section. This security wire shall be installed with the angled section projecting over private property and not the public right-of-way. The City will require fully time access of the temporary gated access as part of this Privilege in the Right-of-Way. Final lock and gated access shall be coordinated with City's Department of Public Works staff. This Privilege in the Right-of-Way is known to be a temporary condition as stated in the Application narrative the Merritt's Creek culvert on Bradley Street is scheduled for reconstruction. The Property owner shall properly coordinate with the City of Oshkosh the permanent relocation of the security fencing outside of the public right-of-way at such time the culvert is replaced. This work is currently scheduled to take place in 2022 if for reasons unknown at this time the culvert reconstruction becomes delayed beyond the calendar year of 2022 than this Privilege in the Right-of-Way shall be revaluated for the future plans of the Bradley Street while evaluating the continual need to have a properly secured site for the Hydrite development by which this Privilege in the Right-of-Way need be reassessed for further acceptance of the private security fence in the right of way or necessary relocated of the fencing onto private property. The petitioner shall follow all of the City’s standard specifications for construction, along with all Municipal Code requirements. The petitioner shall work with the Department of Public Works regarding the precise location of the proposed gate and fencing. The Department of Public Works shall approve all precise locations, but the approval shall not be unreasonably denied. Petitioner is responsible for costs, expenses and damages to the extent they are related to petitioner’s activities pursuant to the Privilege in the Street and/or easement. Any problem that may arise as a result of the placement of the gate and fencing and installation of the gate and fencing be the responsibility of the petitioner to correct in coordination with the Department of Public Works. 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. 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. The petitioner shall enter into a separate privilege in the street agreement that will formalize the agreement between the City and the petitioner. The agreement shall include these conditions, and City staff is also authorized to include additional conditions that are in the best interests of the City. 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. Seconded by Davey. Mr. Hinz 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 SUBURBAN MIXED USE DISTRICT (SMU) TO SUBURBAN MIXED USE DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (SMU-PD) AND APPROVAL OF A GENERAL DEVELOPMENT PLAN AND SPECIFIC IMPLEMENTATION PLAN FOR AN INSTITUTIONAL RESIDENTIAL USE AT 1495 W. SOUTH PARK AVENUE The item was withdrawn by the petitioner. III. PUBLIC HEARING: ZONE CHANGE FROM SINGLE FAMILY RESIDENTIAL 5 DISTRICT (SR-5) TO SINGLE FAMILY RESIDENTIAL 5 DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (SR-5-PD) AND APPROVAL OF A GENERAL DEVELOPMENT PLAN AND SPECIFIC IMPLEMENTATION PLAN FOR A POCKET NEIGHBORHOOD AT THE SOUTHEAST CORNER OF LINDEN OAKS DRIVE & W. 9TH AVENUE Site Inspections Report: Mr. Ford reported visiting the site. Staff report accepted as part of the record. The applicant requests a zone change from the existing Single Family Residential 5 District (SR-5) to Single Family Residential 5 District with a Planned Development Overlay (SR-5-PD). The applicant also requests approval of General Development Plan and Specific Implementation Plan to allow for development of a “pocket neighborhood”. 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 develop a 40-home “pocket neighborhood”. Although the site will function similar to a residential subdivision, the development will fall under the purview of a multi-family development as all homes will be located within a single lot. All homes will be single-family ranch style residences for older adults and the site will also include a club house. As multi-family uses are not permitted within the SR-5 zoning district, the property will need to be rezoned to include a Planned Development Overlay to request a Base Standard Modification (BSM) to allow the proposed use. The applicant is requesting BSMs related to the land use, building separation and building foundation landscaping. To offset these BSMs, the applicant has significantly exceeded the overall landscaping point requirement for the site. He said that staff recommends approval of the zone change and approval of the general development plan and specific implementation plan with the findings and conditions listed in the staff report. Mr. Hinz opened up technical questions to staff. Mr. Couilbaly asked if the two pounds at the retention pond are for flooding purposes. Mr. Lyons replied that they are part of the required drainage plan and that they are still finalizing plans with Public Works. They will be part of the storm water management plan. Mr. Coulibaly replied that he is just concerned with the amount of pavement in the area and flooding issues. He asked if there is a playground or park nearby. Mr. Lyons replied that there is dedicated parkland to the northwest as part of a single family residential development. This specific pocket neighborhood is for Evergreen Manor is intended as a retirement community, which would typically generate less need for a dedicated park as part of the development Ms. Davey asked if there are four parking spaces for each housing unit. Mr. Slusarek replied that they each have a two stall attached garage and a sufficient length and width for two open stalls in front of the garages. Mr. Lyons stated that for single family style developments, code does permit stacked parking spaces behind the garage, so they actually have four parking spaces for each unit. Ms. Davey replied that she was trying to figure out how they came up with 181 parking spaces and asked if the rest of them are in front of the clubhouse and garage. Mr. Slusarek replied affirmatively. Mr. Mitchell stated that this is a five acre plot of active farmland and asked if anything has been developed with the City related to tracking of farmland loss. He knows that the sustainability plan the City adopted includes encouragement for farmland preservation. He thinks this development really makes sense, but would like to know if there any sort of outreach or commentary provided to the Sustainability Advisory Board (SAB) related to projects which reduce farmland. Mr. Lyons replied that the SAB recently put out their 2021 goals. SAB will come to the first February Plan Commission meetings to discuss those goals in more detail. Mr. Mitchell asked if the City is still not tracking the loss of land space or if there is anything from the Planning Office at all related to farmland preservation or the loss of farm space. Mr. Lyons replied that they will be tracking the acreage of projects starting with the 2021 cycle. Mr. Hinz asked for 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. Hinz closed public comments. Motion by Coulibaly to adopt the findings and recommendation as stated in the staff report. Conditions: BSM to allow multi-family residential use in a Single Family Residential 5 District (SR-5) BSM to allow reduced principal structure separation to 8 feet. BSM to allow reduced building foundation landscaping points for residences to 641 points, where code requires 3,000 points. BSM to allow lighting level to exceed 0.5 fc at the 9th Avenue and Linden Oaks Drive right-of-way entrance. Final landscaping plan shall be reviewed and approved by the Department of Community Development. Seconded by Mitchell. Mr. Hinz asked if there was any discussion on the motion. Mr. Mitchell asked if someone could talk a little bit about the facilities themselves and the accessibility accommodations. Mr. Ken Arneson from Evergreen Retirement Community stated that the homes are similar to the campus at 1130 North Westfield. The homes are zero entry. When folks are coming in that way they’re not having to deal with steps, which is typically the most accessible item that they’re looking at. Once inside the homes, they really do look out for older adults when they’re moving within the home. They try to make it as functional as possible. Individuals will have the opportunity to look at some customizing even though these are rentals. The walkways will be close so that neighbors have an opportunity to interact with each other. They do look closely at the most common issues of trip hazards. They make sure to use as much natural light as possible in the walkways and same within the homes. Mr. Mitchell asked if they are two stories. Mr. Arneson replied that they are single story ranches. Motion carried 8-0. There being no further business, the meeting adjourned at approximately 4:27 pm. (Davey/Kiefer) Respectfully Submitted, Mark Lyons Planning Services Manager