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HomeMy WebLinkAboutMinutes__________________________________ Plan Commission Minutes 1 August 1, 2023 PLAN COMMISSION MINUTES August 1, 2023 PRESENT: Thomas Perry, John Kiefer, Ed Bowen, Margy Davey, Paul Esslinger, Karl Loewenstein, Kathleen Propp, DJ Nichols EXCUSED: Mamadou Coulibaly, Meredith Scheuermann STAFF: Mark Lyons, Planning Services Manager; Jim Collins, Director of Transportation; James Rabe, Director of Public Works; Justin Gierach, Engineering Division Manager; Brian Slusarek, Planner; Jeff Nau, Planner; Brandon Nielsen, Associate Planner; Kay Qualley, Assistant Community Development Director Chairperson Perry called the meeting to order at 4:00 pm. Roll call was taken and a quorum declared present. Mr. Bowen arrived at 4:02 pm. Mr. Lowenstein arrived at 4:03 pm. The minutes of July 18, 2023 were approved as presented. (Davey/Kiefer) I. ACCEPT WATER MAIN EASEMENT AT 420 SOUTH KOELLER STREET Site Inspections Report: Mr. Bowen reported visiting the site. Staff report accepted as part of the record. The City of Oshkosh is requesting acceptance of a water main easement located on the south side of the property at 420 South Koeller Street. Mr. Nau presented the items and reviewed the sites and surrounding area as well as the land use and zoning classifications in this area. This is the site of the old National Bank which is currently being razed. The site is going to be redeveloped with a smaller version of Old National Bank and a Chipotle restaurant. The water main easement will be located on the south side of the property. It will be 25 feet wide, centered on an existing water main, running east-west 409.65’ along the south property line. The easement will allow the installation, operation, and maintenance of the public water main and related facilities benefitting the redevelopment as well as the overall water distribution for the site. The City Attorney’s office has drafted the necessary easement documents in agreement with the property owner. The easement documents have been signed by the property owner and are waiting to be recorded upon approval by the Common Council. Staff recommends approval of the acceptance of the proposed water main easement as requested. Mr. Perry opened up technical questions to staff. __________________________________ Plan Commission Minutes 2 August 1, 2023 Mr. Perry asked if the applicant wanted to make any statements, and for any public comments. Mr. Perry closed public comments. Motion by Propp to adopt the findings and recommendation as stated in the staff report. Seconded by Kiefer. Mr. Perry asked if there was any discussion on the motion. Motion carried 8-0. II. REVIEW NECESSITY FOR ACQUISITION OF 222 PEARL AVENUE Site Inspections Report: Mr. Bowen, Ms. Davey, Ms. Propp & Mr. Nichols reported visiting the site. Staff report accepted as part of the record. The City of Oshkosh is requesting approval to acquire the property located at 222 Pearl Avenue for transit facility development. 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 subject site is located on Pearl Avenue, west of North Main Street. It has an existing office building. The surrounding area consists primarily commercial and mixed uses along with City transit and parking facility on the abutting parcels. The City of Oshkosh/GO Transit is proposing to acquire the site for renovation of the existing transit center (110 Pearl Avenue). In 2020, GO Transit completed a feasibility study to identify the short-term and long-term need to improve ADA access, safety and security and add space for a driver breakroom as immediate needs. The study identified the longer term need to add a second platform and public restrooms and climate-controlled waiting area when funding allows. The Oshkosh Downtown Transit Center Redevelopment Phase II project will construct a boarding platform and new passenger facility adjacent to the current transit center (110 Pearl Avenue). The scope of work involves the construction of a second adjacent bus platform with space for at least six more buses, construction of a one-story 1,515 sq. ft. facility for passenger restrooms, climate- controlled seating and information area, and vending machines. The project will require acquisition and demolition of the neighboring privately-owned one-story office building at 222 Pearl Avenue (subject site). The project is intended to enhance transit system capacity, comfort, and safety, as well as provide needed indoor facilities for passengers and drivers in cold weather. Staff recommends approval of the proposed property acquisition of 222 Pearl Avenue as requested. Mr. Perry opened up technical questions to staff. Ms. Propp asked if this is the first step in an eminent domain. __________________________________ Plan Commission Minutes 3 August 1, 2023 Mr. Lyons stated this is the first step in the City beginning the process of acquiring a property. Ultimately what Jim (Director of Transportation) will have to do to acquire, whether it is eminent domain or an agreed upon price, this step has to take place before they can begin that. Mr. Esslinger inquired about the funds for the whole project. Mr. Collins stated this is just the first step in the process of acquisition of the property. After this a real estate company will talk to them about the price of the parcel. The land acquisition cost is unknown. There are some other things to yet be determined. For the additional platform and building four million has been budgeted. Mr. Perry asked for any public comments and asked if the applicant wanted to make any statements. Mr. Collins stated back in 2016 they had a transit development plan done, which is Go Transit’s strategic plan, which they update about every five years. This was identified in there as one of the needs for Transit. In 2020 they did a sight selection study, which looked at a lot of sights in the City and where the future Transit would be. The conclusion of that study, which ultimately was adopted by Council and the Transit Advisory Board, was that this was the best location for Go Transit to be now and in the future. Phase I was constructed last year which was renovating the current platform, adding driver restrooms, break area, and a customer service window. This would be the start of Phase II, which would add the second platform, public restrooms, and climate-controlled waiting area. Currently they only have a small heated shelter for passengers on the platform. There are three busses boarding on the street, and this would get them off the street, which would be safer for everyone. Capital projects are generally funded at least eight percent through FTA funding which has been approved for Phase II. At a minimum the project will be eighty percent federally funded, but probably a little more than that based on some other grant funding they have. The parcel they want to acquire has some environmental issues. At one point coal was stored there. They will have to do some remediation, and cap it with concrete. This is the best use for this site. 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 Loewenstein. Mr. Perry asked if there was any discussion on the motion. __________________________________ Plan Commission Minutes 4 August 1, 2023 Mr. Perry is glad that they can start the process, but he does think that a lot more needs to be taken into consideration as we go through this process. He would really love to see some renewable energy type of process with this. He hopes it is planned for in the future should this go through. Ms. Davey was curious how this may impact parking for The Grand. Mr. Collins stated the majority of the parking lot would remain public parking. They will lose some stalls. The number will be determined by the final design, but there will still be plenty of parking in that area. There are other parking lots in the area that The Grand uses, from what he has observed. Motion carried 8-0 III. PUBLIC HEARING: ZONE CHANGE FROM URBAN MIXED USE DISTRICT (UMU) TO URBAN MIXED USE DISTRICT WITH PLANNED DEVELOPMENT OVERLAY(UMU-PD) AND APPROVAL OF A GENERAL DEVELOPMENT PLAN AND SPECIFIC IMPLIMENTATION PLAN FOR PROPERTY LOCATED AT 1514 OREGON STREET Site Inspections Report: Ms. Davey, Ms. Propp & Mr. Nichols 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). The applicant also requests approval of General Development Plan and Specific Implementation Plan to allow for construction of a ten (10) foot high fence surrounding an outdoor patio. 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 site consists of a 0.169-acre parcel, located on the east side of Oregon Street south of W. 15th Avenue. The subject site is currently used by Pete’s Garage Bar. The surrounding area consists of a mix of one and two family residential homes and commercial uses as well. The 2040 Comprehensive Land Use Plan recommends City Center use for the subject site. The applicant is requesting a zone change from the existing Urban Mixed Use (UMU) Zoning District to Urban Mixed Use with a Planned Development Overlay (UMU-PD) Zoning District. This request is intended to provide some flexibility to the zoning ordinance to allow for a ten (10) foot tall fence around an outdoor patio area in the rear yard of the subject site. Previously Pete’s Garage had some decking in the rear of the building. This summer they applied for and obtained the proper permits for a concrete patio area and are now asking for the fence height to be increased to suit the area better for patrons. Therefore, the applicant is requesting a base standard modification to allow a fence that will exceed the 8’ tall maximum allowed in this zoning district. They provided a number of reasons why they are needing the proposed fence height. Planning Staff is in support of a base standard modification to allow the 10’ tall fence to help mitigate any noise pollution from the outdoor patio area onto neighboring properties and to help screen the area as well. Additionally, the applicant plans to landscape the areas directly __________________________________ Plan Commission Minutes 5 August 1, 2023 around the fence to beautify the site and break up the fence façade. Inspection Staff stated that 10’ tall fences are considered a utility structure under the IBC and that the applicant must provide calculation details to show how the fence will be anchored to resist wind and uplift forces and that modifications may be needed prior to permit issuance. This can be addressed during the permitting process for the additional fencing. Staff feel that the proposed landscaping does properly break up the fence façade and is a good offset for the BSM request. Staff recommends approval of the Rezone, GDP, and SIP with the findings as stated in the staff report. Mr. Perry opened up technical questions to staff. Ms. Davey asked if there was any kind of fence around the dumpster area. Mr. Nielsen stated the applicant is in the process of constructing a dumpster coral. 6’ tall minimum requirement. Mr. Perry asked for any public comments and asked if the applicant wanted to make any statements. Don Mathe for Pete’s Garage Bar, 1514 Oregon St, made himself available for questions. 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. Mr. Perry asked if there was any discussion on the motion. Ms. Propp stated they have limited space on the lot, and have done a nice job with the work so far. She is in favor of this. Mr. Perry concurred. Motion carried 8-0 IV. PUBLIC HEARING: ZONE CHANGE FROM RIVERFRONT MIXED USE DISTRICT (RMU) TO RIVERFRONT MIXED USE DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (RMU-PD) AND APPROVAL OF A GENERAL DEVELOPMENT PLAN & SPECIFIC IMPLEMENTATION PLAN FOR PROPERTY LOCATED AT 1000 BAUMAN STREET __________________________________ Plan Commission Minutes 6 August 1, 2023 Site Inspections Report: Mr. Bowen, Ms. Davey, Ms. Propp, Mr. Nichols, & Mr. Loewenstein reported visiting the site. Staff report accepted as part of the record. The applicant requests a zone change from the existing Riverfront Mixed Use District (RMU) to Riverfront Mixed Use District with a Planned Development Overlay (RMU-PD). The applicant also requests approval of General Development Plan and Specific Implementation Plan for a water-related recreation (marina) use at 1000 Bauman 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 subject site is located on the east side of Bauman Street, north of Tyler Avenue and is zoned Riverfront Mixed Use District (RMU). The site has historically been used as a private marina and is surrounded by residential uses and the Fox River to the east. 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 modifications. The applicant has submitted plans for a commercial marina use, 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 utilize the site as a commercial marina. The applicant intends to use the marina for rental of boats, boat slips, and kayaks. Plans also include a 6’ wide boardwalk/fishing pier that will run along the river and has been approved by the Wisconsin DNR. They also plan to move an existing shed to the east side of the marina (point between marina and river) to be utilized as a gift shop for sale of a small selection of beverages and summer supplies. A neighborhood meeting was held on June 19, 2023. Neighbors in attendance voiced concerns mostly related to traffic/parking in the neighborhood as a result of the public marina use, with some neighbors requesting “no parking” signs along Bauman Street. Water-related recreation (marina) uses require one parking space per watercraft kept on site. The applicant is proposing to have 18 boat slips within the marina and has submitted a plan showing 7 parallel parking stalls on-site. The applicant has coordinated with the Public Works and Transportation Departments to have 11 public parking stalls approved within the Bauman Street right-of-way, adjacent to the site. A base standard modification (BSM) is required to allow the proposed 18 boat slips with 7 on-site parking spaces. The 11 approved on-street parking stalls are intended to compensate for the remaining required parking spaces. The applicant has noted that they also intend to have 12 kayaks available on-site for rent. Staff recommends that Plan Commission determine if approving the requested on-site parking reduction is appropriate for this site. If deemed appropriate, staff recommends that one of the 18 boat slips be reserved for only kayak use if kayaks are kept on-site. The proposed location of the shed/gift shop on the east side of the marina will have an approximate 15’ setback from the Ordinary High Water Mark. Code requires a 30’ setback within the RMU district. Staff does not have concerns with the setback reduction as relocation of the shed to the east side of the site is appropriate due to its proximity to the proposed boardwalk. It will also allow for increased open graveled area for vehicle parking/circulation. They will need approval from the DNR as the proposed location of the shed looks to be within the floodway. To compensate for the requested BSMs the applicant is proposing __________________________________ Plan Commission Minutes 7 August 1, 2023 to install 6’ solid wood fencing as well as twenty arborvitae plantings on the street side of the site. This is intended to provide a buffer from the neighboring residences to the west. They will also need a BSM for the 6’ tall solid wood fence seeing as code only allows up to fifty percent opacity for front yard fencing and a maximum height of 4’ tall in the RMU district. Staff is supportive of the requested BSM as that fencing will serve as a visual buffer and also noise buffer from the neighboring residences to the west. It will be broken up with the arborvitae plantings as well. Staff recommends approval or denial of the proposed Specific Implementation Plan amendment be determined by Plan Commission with the findings and conditions as stated in the staff report. Mr. Lyons stated the applicants took a site that was a private marina and changed it to a commercial marina. It has created more traffic. The marina would cover the cost of constructing the angled parking spaces to get them up to the bare minimum parking that would be code required. Hopefully alleviating some of the neighborhood parking issues that exist out there today. Mr. Perry opened up technical questions to staff. Mr. Nichols asked if the angled parking would be public parking. Mr. Lyons stated it would be public parking, and anyone could use it. Mr. Nichols asked if the applicants are using a public right of way at the end of Tyler Avenue to access the lot. Is that still the case and would it be paved or remain gravel. Mr. Lyons stated it is an existing driveway access onto their site. It would remain intact as it is today. Mr. Kiefer asked if the angled parking is going onto their property. Mr. Lyons stated the applicant is dedicating 5’ of property for the parking to be located holey within the public right of way. It would be part of the street. It gets them to 18 stalls if you include the on-street parking which would be the number needed for 18 slips. Because they have kayaks it is staff’s opinion to have one of the stalls reserved for kayaks or the kayaks be removed. Ms. Propp stated it was difficult to view the site as it is under construction. She was wondering how wide the street will be. Mr. Gierach stated the stretch between Van Buren and Tyler Avenue will be a thirty-two-foot residential street width. The parking bay will be added on to that, to the outside of it. The street is a normal residential street width. Mr. Nichols asked if the Plan Commission has the power to impose no parking on the street. Mr. Lyons stated it would be the Transportation Board who would determine no parking areas. They weighed in on the angled parking several months ago. __________________________________ Plan Commission Minutes 8 August 1, 2023 Mr. Perry asked if the applicant wanted to make any statements. Michael and Chris Amos, 1000 Bauman Street, thanked everyone in the City who has helped along the way. They listened to neighbors’ concerns and are trying to be good neighbors. June, July, and August are their busiest months. The rest of the year is by appointment only. They are trying to improve the view of the property from the street and the river. They feel having a nicer looking fence with greenery versus the current chain link fence will make the property more pleasing visually. The new proposed parking should make it safer with traffic flow versus the current blind parking on the lawn. Putting a sidewalk out front will help keep people, kids, and trash out of the road, which was a concern of the neighbors. They want to match the look of the neighboring properties to the north and south by cleaning up the property and making it look nice and inviting. This year they made their fleet of rentals smaller and staggered start times of their rentals, to help with the flow of parking and traffic. They want to help people enjoy the waterways in Oshkosh. Ms. Propp stated it will be a huge improvement if they are able to accomplish this. She had concerns with the number of boat stalls, because it looked like a lot during her visual inspection. Michael Amos stated they have come to realize they can facilitate 18 boats, including their rental boats. Most of their rental slips for other consumers are for pontoon boats. Ms. Propp talked about the number of cars, per boat, that may need parking. Mr. Perry asked for any public comments. Tiffany Kunde, 1018 Van Buren Avenue, is concerned with the fence along the north. She agrees the fence and trees will look really nice, but wondering if consideration can be made to make it not full privacy fencing. She likes the view of the river from her home and does not want it blocked. Laura Crichton, 1039 Tyler Avenue, has the same concerns as the prior neighbor. She talked about a large and ugly snow fence that the marina put up. The current view from Tyler Avenue is of a gray snow fence when it used to be a nice riverfront. She thinks a 6’ tall fence with no view of the river for the surrounding neighbors is not a neighborly thing to do. She also has concerns with the extra traffic and parking. She is wondering if the parking is adequate. The extra traffic is not wanted. Mr. Perry closed public comments and asked if the applicant wanted to make any closing statements. Michael Amos stated they are paying $77,000 for the parking stalls. After talking to the neighbors and with the noise concerns, they decided to put up a fence, and thought the wood fence would look nicer than the grey fence. __________________________________ Plan Commission Minutes 9 August 1, 2023 Mr. Loewenstein had concerns with the number of boats and amount of traffic. Wondering if Plan Commission could reduce the number of allowable rental spaces a bit to control some of these issues. Mr. Lyons stated they could condition it on a lower number if they want. At the neighborhood meeting in June there were mixed opinions on the street parking. Some neighbors wanted no parking on the street and others disagreed with that. Mr. Nichols talked about the marina’s non-compliance today. There are limited parking spots currently and 18 boats. Mr. Lyons stated the marina is presently in violation of the zoning ordinance. The requirement of one parking spot per slip is the local zoning requirement. The Base Standard Modification, if approved, would allow 7 on-site parking stalls. Mr. Esslinger wanted to know the parking impact in the area. Mr. Loewenstein talked about how the City is allowing a right of way to be turned into additional public parking, the additional 11 angled parking spots. Mr. Perry talked about how some sort of study might help the Council make their ultimate decision. Mr. Lyons talked about the possibility of doing some parking counts over the next couple of weeks. Mr. Esslinger wants it to be a requirement that the neighbors get a copy of the parking numbers prior to the Council meeting. Mr. Lyons talked about the possibility of maybe delaying it going to Council. Bauman Street is currently torn up, so will have to figure out if it is possible to get some numbers. Motion by Nichols to accept the findings as stated in the staff report, as modified as follows: 1. No more than 18 watercraft on site, since we are tying it to number of boat slips. 2. There will be a study done, by who the council would appoint, to determine how many parking spots could exist on that piece of property, and impact on street parking overall. 3. Delay the first reading of Council, for the GDP/SIP, in order to provide notice to the neighbors of what the next steps are, relative to the traffic study. Seconded by Davey. Mr. Esslinger stated that instead of Council, it should be staff. __________________________________ Plan Commission Minutes 10 August 1, 2023 Motion by Nichols to amend Council to City staff for number 2: There will be a study done, by City staff, to determine how many parking spots could exist on that piece of property, and impact on street parking overall. Seconded by Esslinger. Ms. Propp thinks Plan Commission should not come up with an arbitrary number of boat stalls. It will affect the owner’s bottom line. States the angled parking in the right of way area will be a huge improvement. Anyone can use them. Ms. Davey agrees. Stated the owner is also giving up part of their property for parking. She sees the 11 public parking stalls as a benefit, and supports the off-street parking. As far as if you have no parking signs, or not, if they are on the opposite side of the street from 11 public parking stalls it is probably a safety issue when backing up. She supports the 11 stalls, or less as determined by some other entity. Or more. Mr. Perry asked if there was any more discussion on the motion. Motion carried 8-0. Mr. Bowen left at 5:09pm. V. 2024 CAPITAL IMPROVEMENT PROGRAM Staff requests review and acceptance of the 2024 Capital Improvement Program (CIP). Mr. Slusarek stated the purpose of this review is for the Plan Commission to make a determination of consistency of the 2024 CIP with the City’s Comprehensive Plan, official maps, or other planned activities. This would go to Council, for consideration, on 8-22-23. The review by the Plan Commission for consistency with the City’s Comprehensive Plan, official maps, and other planned activities is required prior to that Council hearing. Staff has reviewed all proposed projects and activities and none have been identified as being contrary to the Comprehensive Plan, official maps or other planned activities. Staff recommends acceptance of the 2024 Capital Improvement Program with a finding that listed projects are not in conflict with the City of Oshkosh’s Comprehensive Plan. Mr. Perry opened up technical questions to staff. Mr. Perry asked for any public comments. Mr. Perry closed public comments. Motion by Davey to adopt the findings and recommendation as stated in the staff report. Seconded by Kiefer. __________________________________ Plan Commission Minutes 11 August 1, 2023 Mr. Perry asked if there was any discussion on the motion. Mr. Kiefer discussed his disappointment in the North Sawyer Street reconstruction not being on the plan until 2032. Mr. Rabe stated that what governs when that project goes through or not is going to be the performance of TID 35. If it can fund the project then the project will move forward. Ms. Davey discussed that she found a video on Oshkosh Media that was done last year discussing the 2023 CIP. Oshkosh Media just recorded the 2024 CIP video and it will be available on the website soon. Mr. Esslinger stated he agrees with Mr. Kiefer’s comments on that intersection on North Sawyer. He thinks a lot of times the City has fast tracked items that we are not so successful on. This area has been a disaster for a long time. He thinks it should be a focus for Council to address. Mr. Lyons stated the TIF has performed relatively well so the project may happen sooner. Mr. Perry echoes the comments regarding North Sawyer Street. Motion carried 7-0. There being no further business, the meeting adjourned at 5:15 pm. (Loewenstein/Kiefer) Respectfully Submitted, Mark Lyons Planning Services Manager