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HomeMy WebLinkAboutMinutes__________________________________ Plan Commission Minutes 1 April 18, 2023 PLAN COMMISSION MINUTES April 18, 2023 PRESENT: Thomas Perry, Kathleen Propp, John Kiefer, Justin Mitchell, Margy Davey, Mamadou Coulibaly, Meredith Scheuermann EXCUSED: DJ Nichols, Ed Bowen, Council Member Ford, Karl Loewenstein STAFF: Mark Lyons, Planning Services Manager; Justin Gierach, Engineering Division Manager; Jon Urben, General Services Manager; Brian Slusarek, Planner; Jeff Nau, Planner; Brandon Nielsen, Associate Planner, Emma Dziengeleski, Assistant Planner Chairperson Perry called the meeting to order at 4:00 pm. Roll call was taken and a quorum declared present. The minutes of March 21, 2023 were approved as presented. (Davey/Scheuermann) I. GRANT TWO STORM SEWER EASEMENTS LOCATED NORTHEASTERLY OF E. 9TH AVENUE Site Inspections Report: No Commissioners reported visiting the site. Staff report accepted as part of the record. The City of Oshkosh is requesting the granting of two storm sewer easements to the City of Oshkosh Redevelopment Authority which will cross through the City’s riverwalk property adjacent to the Fox River. Mr. Nau presented the items and reviewed the sites and surrounding area as well as the land use and zoning classifications in this area. The Redevelopment Authority owns adjacent properties and is facilitating its redevelopment within the City's Sawdust District Redevelopment Area. As part of the redevelopment, a larger property made up of multiple smaller contiguous parcels will benefit from storm water drainage outfall facilities crossing the City's River Walk property along the shoreline of the Fox River. The purpose of these easements is to allow the installation, maintenance, and utilization of storm water drainage facilities through the City's River Walk property. The easements are specifically limited to providing storm water drainage benefits to several parcels. The parcels to be served roughly comprise a triangle east of South Main Street and North of E. 9th Avenue, extending northeasterly to the City's River Walk property. The City Attorney’s Office is in the process of finalizing the necessary easement documents. The Department of Public Works does not have concerns with the proposed easements as they are needed for proper discharge of storm water from the pending T-Wall development. Final easement documents signed and recorded at the Winnebago County Register of Deeds after __________________________________ Plan Commission Minutes 2 April 18, 2023 approval by the Common Council. Staff recommends approval with the findings and conditions as listed in the staff report. Mr. Perry opened up technical questions to staff. Mr. Mitchell asked if the intent of the easements was to allow storm water drainage from the developed lot directly into the river. Mr. Nau said that is correct. It will collect and convey storm sewer. Mr. Lyons said that it will have to go through quality and quantity control mechanisms. It is not a direct discharge. Ms. Scheuermann asked if this was the right time in the voting on these easements. Mr. Lyons said that this redevelopment has been complex which is why different pieces have come back at different times, it’s when they are ready. It’s a function of the complexity of the complex. Ms. Scheuermann asked if there will be more easements coming to Plan Commission. Mr. Lyons said that he believes these should be the last of the easements. Mr. Perry asked for any public comments and asked if the applicant wanted to make any statements. There were no public comments on this item. Mr. Perry 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. Seconded by Scheuermann. Mr. Perry asked if there was any discussion on the motion. Motion carried 7-0. II. APPROVE LAND ACQUISITION OF 19 E IRVING AVENUE Site Inspections Report: Ms. Davey, Mr. Mitchell, Ms. Propp and Ms. Scheuermann reported visiting the site. __________________________________ Plan Commission Minutes 3 April 18, 2023 Staff report accepted as part of the record. Mr. Nielsen presented the items and reviewed the sites and surrounding area as well as the land use and zoning classifications in this area. The subject area included in the request consists of a single lot with a total of approximately 0.34 acres. The property is a corner lot with frontage on E Irving Avenue and Jefferson Street and contains one building that is 7,005 square feet in size. The surrounding area consists primarily of residential uses to the east and northeast, along with commercial uses to the north and west. Properties directly to the south are vacant and owned by the City of Oshkosh Redevelopment Authority. The 2040 Comprehensive Plan recommends Center City land use for the subject properties. Staff recommends approval with the findings and conditions as listed in the staff report. Mr. Perry opened up technical questions to staff. Mr. Mitchell asked if this was a part of any long-term facilities plan or any sort of planning that went into selecting this site that’s near downtown. Mr. Lyons said that Mr. Urben will be able to address the site search that relates to this. Mr. Mitchell asked if the plan was to leave the site as-is without any improvements to the site. Mr. Lyons said that right now it is an office and storage building and they intend to use it in a similar fashion. Mr. Perry asked for any public comments and asked if the applicant wanted to make any statements. Mr. Urben said that there was a facilities condition assessment report was done for the City of Oshkosh two years ago. Part of the plan is converting the former Sawyer street storage into the fire training facility next year, so staff is preparing for that. Right now, there are several divisions in the Sawyer facility staff has to find other storage for. There is a need for about 6000 sq. feet which includes Clerks, Facilities, and Museum. The site has to be climate controlled, a warehouse space, and something that public could access when needed for training. This building exceeds a lot of the needs. The lot will remain as is and will be a good fit for what is needed. There will not be a lot of renovations inside required to make it usable. Museum will have to add shelving and extra security will be added. Mr. Perry 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. Seconded by Kiefer. __________________________________ Plan Commission Minutes 4 April 18, 2023 Mr. Perry asked if there was any discussion on the motion. Mr. Mitchell asked why storage is a valuable use in what could be a prime location near Main street. Mr. Lyons said there are a number of reasons why the City of Oshkosh feel that this is a sufficient facility for their needs. It was for sale for a significant amount of time with no other offers and was not sold. Proximity to City Hall is important, especially with training Clerks has to do. Having a facility that is an appropriate price so the City is not incurring a ton of additional costs to renovate a building or to build a new building to meet their needs. The building is largely set up and ready to go, and is in close proximity so staff doesn’t have to have a lot of travel time to use the facility. Mr. Mitchell said to the east there is a residential neighborhood. If the city intends to acquire this and leave it as is, it would be extremely disappointing because it is not an attractive site right now. It detracts from the neighborhood and fails to achieve what is potential for the neighborhood. He asked what his ability is to add a condition or something similar to make it look better. Mr. Lyons said that this is a land acquisition. This is a request to consider the City purchasing the building. It’s not a zone change, it’s not a planned development or something of that nature where Plan Commission could make those types of requests. Another private entity could buy this tomorrow and use it for exactly the same use as the city without needing any approvals. Mr. Mitchell asked if someone else could purchase the building and use it for storage. Mr. Lyons said that because it is already a storage facility, the use could be maintained. If they wanted to add on or renovate into something different, land use rules would come into place. The reason this is not a land use item, is because it’s not a change of use. The building will be used the same tomorrow as it is today. Mr. Mitchell asked for clarification on the storage aspect of the current use. Mr. Lyons said that a large section of the building is storage for what was previously Electronic Industries and they also had a small office component of it. Mr. Mitchell asked if zoning as it currently sits has something related to land use. Mr. Lyons replied that it is a non-conforming use and the zoning code says that someone couldn’t build that building there today. It is an existing non-conforming land use and it’s not a change of land use. Motion carried 6-1 (Nay Mitchell) __________________________________ Plan Commission Minutes 5 April 18, 2023 III. SPECIFIC IMPLEMENTATION PLAN AMENDMENT FOR PATIO MODIFICATIONS AT 425 NEBRASKA STREET Site Inspections Report: Ms. Propp, Mr. Kiefer, Mr. Mitchell and Ms. Scheuermann reported visiting the site. Staff report accepted as part of the record. The petitioner requests approval of a Specific Implementation Plan (SIP) amendment for patio modifications at 425 Nebraska Street. Mr. Slusarek presented the items and reviewed the sites and surrounding area as well as the land use and zoning classifications in this area. The applicant is proposing to remove the existing bar and canopy and replace with a new 532 sq. ft. bar with canopy. An 83 sq. ft. walk-in cooler will also be installed adjacent to the bar. No changes to the existing use of the bar are being proposed. The proposed patio modifications will be within the footprint of the existing patio area. No other changes are being proposed for the site. Staff recommends approval with the findings and conditions as listed in the staff report. Mr. Perry opened up technical questions to staff. Ms. Scheuermann asked if the new bar was coming out farther than the original. Mr. Lyons said that the new bar sits wholly within the current patio area. There are some design standards within this zoning district that is triggering this to come to Plan Commission. Mr. Perry asked for any public comments and asked if the applicant wanted to make any statements. Andrew Iverson, 1080A Cross Creek Dr, Kohler, WI; said that they worked close with the staff to develop a plan that stays within the parameter of the existing patio and to enhance what is currently there. Mr. Perry 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. Seconded by Scheuermann. Mr. Perry asked if there was any discussion on the motion. __________________________________ Plan Commission Minutes 6 April 18, 2023 Motion carried 7-0. IV. GENERAL DEVELOPMENT PLAN & SPECIFIC IMPLEMENTATION PLAN APPROVAL FOR AN OFF-SITE PARKING LOT FOR PROPERTY LOCATED AT SOUTH SIDE OF MARION ROAD Site Inspections Report: Ms. Propp and Ms. Davey reported visiting the site. Staff report accepted as part of the record. The applicant requests approval for a General Development Plan (GDP) and Specific Implementation Plan (SIP) for an off-site parking lot. Mr. Slusarek presented the items and reviewed the sites and surrounding area as well as the land use and zoning classifications in this area. The applicant is proposing to construct a 49-stall parking lot on the subject site to be utilized by employees of Mercury Marine Plant 33. Off-site parking lots are a conditional use in the RMU zoning district. According to the applicant, the Mercury Marine site has 58 employees on their largest shift and the existing Mercury Marine site has 32 stalls. Staff is supportive of the proposed use as it will provide needed parking for the Mercury Marine site to the west and is consistent with the previous agreement between Mercury Marine and the Redevelopment Authority. Staff also feels that a parking lot is an appropriate use for the site as an American Transmission Company (ATC) easement runs through the property, limiting the ability for any buildings to be built on the lot. Staff recommends approval with the findings and conditions as listed in the staff report. Mr. Perry opened up technical questions to staff. Ms. Davey asked for clarification on where the riverwalk is. Mr. Lyons pointed out on the map where the riverwalk transitions to Marion road. Mr. Perry asked for any public comments and asked if the applicant wanted to make any statements. Ben Marshall (Excel Engineering) 100 Camelot Dr, Fond du lac, WI; said that ATC has strict requirements on where landscaping is allowed within the easement. He said he is available for questions. Mr. Perry closed public comments and asked if the applicant wanted to make any closing statements. Ms. Scheuermann asked where the employees are currently parking if there are only 32 spots in the current lot. __________________________________ Plan Commission Minutes 7 April 18, 2023 Mr. Marshall said that in addition to this parking lot they are using, there are cars parking on the grass where the development will be. Dave Hahn, (Mercury Marine) W6250 W Pioneer Rd, Fond du Lac, WI; said that currently there is an overlap of shifts that use the parking lot but it can cause an issue at shift change. Mr. Mitchell asked what the basis was for the number of additional stalls. Mr. Hahn said that the idea was to maximize the space and do this once rather than multiple times. Mr. Mitchell asked if that meant that it wasn’t a reflection of what was needed. Mr. Hahn said that they could actually use more if they could get them but this is maximizing the site. Motion by Propp to adopt the findings and recommendation as stated in the staff report. Seconded by Coulibaly. Mr. Perry asked if there was any discussion on the motion. Mr. Mitchell asked what the benefits of having a 45’ setback from the river. Mr. Lyons replied that in a lot of the undeveloped areas it was to make sure there was sufficient room for the riverwalk to go through, but with Mercury Marine facility to the west, this is the last undeveloped lot in this area and there is no need in the immediate future for that riverwalk to continue. Mr. Mitchell said that it was stated that trees couldn’t go in the area where the easement is. He asked if there are any other configurations that would enable trees in that area. Mr. Lyons said that the two requests include not putting the street island trees in the two island sections. Staff would typically want those there, but due to the ATC lines that run underneath, the applicant is prohibited from planting trees. Staff is recognizing that there are additional requirements placed on the property because of the ATC lines, so the plantings are being enhanced in other areas of the site. There is an additional vacated right-of-way that has municipal services underneath that comes with conflicts of planting on top of those. Staff wanted to minimize those conflicts that are within the areas that do not allow plantings and have additional plantings to the south and to the east. Mr. Mitchell said that there was an aquatic biologist that came out to the Miller Bay Park to do a study and one of the conclusions was that one of the most harmful aspects of the park in terms of water quality was the proximity to pavement directly up to the lake that allows for direct runoff. __________________________________ Plan Commission Minutes 8 April 18, 2023 He asked if that was one of the rationales for having a buffer area between the development and water. Mr. Lyons said that its also why in more current codes, the same situation doesn’t exist as often because of the requirement of curbing of that hard surface. Previous code iterations in older areas of the city where you don’t typically see that curbing so water could flow from hard surfaces into the water. The water from this site does have to run back into the site and be treated appropriately before it can be discharged. Ms. Davey asked if this lot is going to be asphalt. Mr. Lyons said that he believes it will be. Ms. Davey asked if there is any way to request non-asphalt for surfaces such as parking lots because now there is knowledge of how the PHs are much more serious in asphalt that previously thought. Mr. Lyons said there is no mechanism in a land use control ordinance because land use is going to say that parking is parking which is separate from surfacing requirements. It is something that staff can take a look at in other ways through municipal codes. Mr. Perry said that it is a troubled riverfront parcel. Initially the idea of a parking lot isn’t ideal, but the powerline does create a significant challenge for any other use. Motion carried 7-0. V. 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 & SPECIFIC IMPLEMENTATION PLAN FOR PROPERTY LOCATED AT 2665 OREGON STREET 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 outdoor commercial entertainment at 2665 Oregon Street. Mr. Slusarek presented the items and reviewed the sites and surrounding area as well as the land use and zoning classifications in this area. The applicant is requesting a zone change to add a Planned Development Overlay for the subject property. This request is intended to provide some flexibility to the zoning ordinance to accommodate site improvements including an outdoor __________________________________ Plan Commission Minutes 9 April 18, 2023 seating area. The applicant has submitted plans for the outdoor seating area, which will be addressed as General Development Plan (GDP) and Specific Implementation Plan (SIP) review to follow. Staff is supportive of the proposed rezone as it will provide opportunity for enhancements to the site and will also allow for further review to mitigate potential impacts on neighboring residential properties. The applicant is proposing to install a 21’ X 29’ outdoor patio seating area to the rear (west) of the existing building. According to the applicant, the outdoor seating area will be utilized for additional seasonal seating for patrons of the Sturgeon Spirits tasting room. Staff recommends approval with the findings and conditions as listed in the staff report. Mr. Perry opened up technical questions to staff. Mr. Mitchell asked if the city has any accessibility requirements for when something like this happens. Mr. Lyons said that he will check with inspections on their ADA requirements. Ms. Scheuermann asked if there is any proof required of applicants reaching out to neighbors about their proposed projects. Mr. Lyons said that notices get sent to neighbors and hopefully if they have questions. Mr. Lyons then said that a few years ago the code was updated to include manufacturing retail be allowed. Some of these other items like brewpubs and distilleries of this nature make sense to have a commercial outdoor space. At a future workshop, this is something that can be discussed to see if it should be addressed further in the code. As the code requires that 50-foot setback from residential, we always want to make sure we look at those through this process or another process each time to make sure it’s appropriate and if they are offsetting if it does go closer. Mr. Perry asked for any public comments and asked if the applicant wanted to make any statements. Karl Loewenstein, 50 Lake St; said that part of the reason why this patio is located where it is, is because of the angled north property line and it gets close to the building. There was a lot of time spent trying to figure out what to do with the north side since we can’t actually fit a driveway. It used to be a circle driveway before this. A bunch of asphalt was taken out and was replaced with green space. He said that he did talk with the neighbor that had a concern about the trees disturbing her husband’s ability to mow, but she was happy to hear that an 8-foot fence will be installed since she does have a pool and people could it from the tasting room. In addition to that, a garage door will be added to the back and will enhance the property. Mr. Perry closed public comments and asked if the applicant wanted to make any closing statements. __________________________________ Plan Commission Minutes 10 April 18, 2023 There were no closing statements from the applicant. Ms. Propp asked if there were any setback issues with the property to the south. Mr. Slusarek said that the property to the south is actually zoned Heavy Industrial so the setback doesn’t apply to that property. Ms. Propp asked if there was any reaction from those neighbors. Mr. Loewenstein said he talked to them but there was no concern. Ms. Propp asked if there would be any outdoor music on the site. Mr. Loewenstein said that he thinks he would have to come back to Plan Commission to do that, but he isn’t sure. He said the property does extend all the way to the train tracks so if he wanted to have an event it would probably be towards the back of the property. Mr. Lyons said if Mr. Loewenstein was going to have a special event, the City of Oshkosh just passed an ordinance related to beer gardens and other related events that are based on things like occupancy, amplified or non-amplified music, and tents that would have to go through any required permits for that. Mr. Mitchell asked if the patio is going to be ADA accessible. Mr. Loewenstein said that most of the patio is on flat ground and that there is a wheelchair ramp. Motion by Davey to adopt the findings and recommendation as stated in the staff report. Seconded by Mitchell. Mr. Perry asked if there was any discussion on the motion. Motion carried 7-0. PLANNING DIRECTORS REPORT Mr. Lyons said that Council at the April 11th 2023 meeting, Council did approve the General Development Plan. During the Specific Implementation Plan for Phase One, they did reduce the building to a three-story structure. If the developer chose to go forward with it right now, it would be under that three-story requirement. Mr. Perry asked if the developer could come back to Plan Commission if they wanted the four- story. __________________________________ Plan Commission Minutes 11 April 18, 2023 Mr. Lyons said that they could reapply and go back through the entire process again. Mr. Mitchell asked if the main thing they were requesting was the height. It seemed like staff was emphasizing that the density was fine and they could go beyond that, and the height was the only issue. Mr. Lyons said that there were a number of Base Standard Modifications they were asking for; there was the zero-foot setbacks from the internal property lines they were creating and the height based standard. Base code is two and a half stories at 35 feet and they were proposing four stories at 59.3 feet in height. Council chose to approve it with a three-story requirement. Mr. Coulibaly asked if that was just for phase one of the Specific Implementation Plan. Mr. Lyons said that is correct. They will have to come back through the whole process for future phases. Ms. Scheuermann asked how many buildings are a part of phase one. Mr. Lyons said three total with the clubhouse. Ms. Scheuermann asked if there has been follow up conversations about issues can be avoided. Mr. Lyons said that for any future multi-family there will be a neighborhood meeting required. Mr. Coulibaly asked how the neighbors reacted to the council approval. Mr. Lyons said that he understands there are still concerns from the neighbor’s side. There being no further business, the meeting adjourned at approximately 4:49 pm. (Kiefer/Davey) Respectfully Submitted, Mark Lyons Planning Services Manager