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HomeMy WebLinkAboutMinutes__________________________________ Plan Commission Minutes 1 October 17, 2023 PLAN COMMISSION MINUTES October 17, 2023 PRESENT: Thomas Perry, John Kiefer, Paul Esslinger, Kathleen Propp, Meredith Scheuermann, Margy Davey, DJ Nichols EXCUSED: Ed Bowen, Mamadou Coulibaly, Karl Loewenstein STAFF: Mark Lyons, Planning Services Manager; Justin Gierach, Engineering Division Manager/City Engineer; Brian Slusarek, Planner; Jeff Nau, Planner Chairperson Perry called the meeting to order at 4:00 pm. Roll call was taken and a quorum declared present. The minutes of October 3, 2023, were approved as presented. (Davey/Scheuermann) I. ACCEPT DRAINAGE EASEMENT LOCATED AT THE WEST 3500 BLOCK OF OREGON STREET (PARCEL 1413680500) Site Inspections Report: No one reported visiting the site. Staff report accepted as part of the record. The City of Oshkosh is requesting the acceptance of a storm drainage easement from Basler Properties. Mr. Nau presented the items and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. The subject is part of and south of Basler Turbo Conversions, 255 W. 35th Avenue, which operates as an aircraft remanufacturing facility. An unnamed creek flows through the southern portion of the property which is part of the Johnson Avenue Watershed. The proposed easement is sized at approximately 40 feet wide, 100 feet deep and 4,035 square feet in area, located over an off-street parking area. The easement will allow the City to address drainage issues related to the creek, the watershed and the City’s stormwater management system. This includes access, survey, construct, dredge, grade, use, operate, maintain, repair, reconfigure or relocate the water flow and drainage areas within the easement area. 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 easement as they are needed for continued functionality of the creek. Staff is in support of the proposed easement as requested. __________________________________ Plan Commission Minutes 2 October 17, 2023 Mr. Perry opened up technical questions to staff. Ms. Scheuermann asked if this easement takes into consideration any other drainage issues along the creek or does it simply take care of this issue. Mr. Gierach stated it will initially help the City work with the County and State as they are doing the Oregon project next year to install larger storm sewers. The City has done some modeling efforts in the area and realize the storm sewer has to be upsized so the County and State can construct the pipe and storm sewer as a part of the project. The City has long-term plans along this creek to help mitigate flooding and wants to get this done ahead of the Oregon Street project. You will see some additional easements along the creek to help facilitate dredging and cleaning up the creek as a whole. Ms. Scheuermann followed up asking why it needs to be done quickly since the City has known about the Oregon project for a while. Mr. Gierach responded there was some miscommunication between the County engineer and the City. The City thought the County would work through the easements as part of the State portion of the project, and it ended up the City is doing it. They plan to get the project completed for full package PS&E in early November. Mr. Perry asked if the owner/applicant wanted to make any statements. The City of Oshkosh is owner/applicant. Mr. Perry asked for any public comments. No public comments. Mr. Perry closed public comments. 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. No discussion on the motion. Motion carried 7-0 __________________________________ Plan Commission Minutes 3 October 17, 2023 II. PUBLIC HEARING: ZONE CHANGE FROM TWO FLAT RESIDENTIAL- 10 WITH PLANNED DEVELOPMENT OVERLAY (TR-10-PD) AND URBAN MIXED USE (UMU) DISTRICTS TO URBAN MIXED USE WITH PLANNED DEVELOPMENT OVERLAY (UMU-PD) FOR PROPERTIES LOCATED AT THE 600 BLOCK OF NORTH MAIN STREET AND JEFFERSON STREET (PARCELS 0402260000, 0402240000, 0402230000, 0402370000, 0402360000, 0402340000, 0402330000, 0402320000, 0402310000, 0402280000, AND 0402250000) Site Inspections Report: Mr. Perry, Mr. Esslinger, Ms. Propp, Ms. Scheuermann, Ms. Davey, Mr. Nichols reported visiting the site. Staff report accepted as part of the record. The applicants request a zone change from the existing Two Flat Residential–10 District with Planned Development Overlay (TR-10-PD) and Urban Mixed Use (UMU) District to Urban Mixed Use District with Planned Development Overlay (UMU-PD) for properties located at the east 600 block of North Main Street and west 600 block of Jefferson Street. Mr. Lyons presented this zone change as the next step in a project that’s been discussed with Plan Commission for a while. We previously brought forward the request to purchase on the western portion of this site and along Jefferson Street. Earlier this year the Redevelopment Authority (RDA) put out a request for property located along the Jefferson Street side of this development area. The RDA chose to go with The Commonwealth Development Corporation’s proposal. This area has historically scored very well for housing redevelopments. Since that time the City has agreed to acquire the three properties along North Main Street from Mr. Hoopman and Council approved that purchase earlier this month. Soon this will all be under common ownership of the Redevelopment Authority and the City. The next step in facilitating the redevelopment in this area is to get this site ready for redevelopment of some kind. Whether it’s the current Commonwealth project or other potential future projects, we need to get the area under one zoning district so we can CSM it or combine those into a single redevelopment parcel. The goal here today is to begin that process. Right now, we have split zoning with Main Street being Urban Mixed Use and the Jefferson properties being transitional residential zoning. The goal is to get it all under the UMU-PD to provide the greatest flexibility for redevelopment of this site and we anticipate that at some point we will bring back the Commonwealth project to get recommendations and approval on their development. Regardless of that project, it is in the City’s best interest to get the zone change and the parcel combination done for whatever redevelopment might look like in the future. __________________________________ Plan Commission Minutes 4 October 17, 2023 Mr. Perry opened up technical questions to staff. Mr. Nichols asked if we don’t know that Commonwealth is going to redevelop it, why wouldn’t we wait until we know what we want to do with the parcels just in case they don’t want to redevelop all of it. Mr. Lyons said their current plan shows redevelopment of all of it. In their request for proposal that RDA selected, it does have use the entire area for redevelopment. It makes sense for the City to do this regardless in order to remove barriers from a developer without adding time and costs and setting the City up for the best chance of redevelopment. This area is zoned Central City within the comp plan which calls for urban commercial zoning districts rather than residential. Mr. Nichols asked if we’re setting ourselves up for problems later if The Commonwealth does not engage in the project and we want to split it into three different parcels. Mr. Lyons responded no, that rezoning to UMU-PD is going to provide the greatest amount of flexibility. UMU allows lower-intensity residential uses through mixed use and commercial. That PD and UMU gives the greatest flexibility to redevelop it. If something unique comes up that we didn’t foresee, we might be back for another zone change. But looking at the potential and likely land use of this area this has the best chance for success. Mr. Nichols asked if we’re spending money on a survey to combine these parcels of property that will potentially be a waste of money later if we need to have new surveys. If Commonwealth does not engage in this project. Mr. Lyons said no, the City’s best interest is to do it now and improve our ability to market the property. Mr. Nichols asked if it is split later is a new survey needed. Mr. Lyons responded we would have to do a new CSM. Mr. Perry asked if the owner/applicant wanted to make any statements. The City of Oshkosh is owner/applicant. Mr. Perry asked for any public comments. Barb Kagak, 637 Jefferson Street, has owned her property for over 20 years and is very nervous about the City’s plans. She was told it may be low-income housing. She feels not everyone who rents takes care of their property or has the same respect as people who __________________________________ Plan Commission Minutes 5 October 17, 2023 own their home. Can someone still buy those three separate properties and do something with them. Mr. Lyons said the project that is envisioned today would be a single ownership of the entire site. Their proposal is a mixture of rented town homes, apartments and office/daycare space. Ms. Kagak said the managing and overseeing fails for rental property on Jefferson and 90% are slumlords. There aren’t many homeowners on Jefferson and she wants to know if she can protest against this. Mr. Lyons said this is your opportunity to raise your concerns and this would be a commercial multi-family developer and not individual ownership like you see with some of the rental issues you have today. Ms. Kagak said she doesn’t want to listen to a million people every day swearing in the parking lots. She’s been there for over 20 years and now has to deal with this. Mr. Perry stated this will come back before us in the future as the project develops and there will be more opportunity to speak on it. Mr. Lyons said that is why we use the Planned Development Overlay because it requires additional public input and public hearings before Plan Commission and Council. This zone change only gets zoning in place. The project would still need approvals, public discussion, and neighborhood meetings before actual project development could get approved. Ms. Kagak stated she is only one of four homeowners on that block and the rest are slum lords that don’t take care of their properties. There aren’t many of us and the City outweighs us when it comes to this. Mr. Lyons responded that is why we have these hearings and neighborhood meetings, which is required of the developer. They come to that meeting and show what they want to do and City staff joins and listens to questions and concerns. Ms. Kagak stated she’s getting a new roof tomorrow and doesn’t want to put all kinds of money into her house and this goes up and we’re stuck there. Mr. Perry closed public comments. Mr. Perry asked if the owner/applicant wanted to make any statements. __________________________________ Plan Commission Minutes 6 October 17, 2023 No closing statement 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. Ms. Scheuermann asked what the properties on Jefferson are zoned today. Mr. Lyons responded currently zoned TR-10 with a Planned Development Overlay. Ms. Scheuermann asked what TR-10 is. Mr. Lyons said TR-10 is two flat residential such as a duplex. Ms. Scheuermann said so a duplex could be built today. Mr. Lyons responded that the city owns those parcels on Jefferson. Ms. Scheuermann asked if the project is going to be for low income. Mr. Lyons said the proposal is for tax credit housing and when the housing study was done, one of the things established is looking at housing opportunities on the very low end through the very high end. Tax credit housing has very specific requirements to score high enough to get those tax credits and this area of the city scores very well. That is why this area is something the RDA has been acquiring and getting a property together of sufficient size because it has an opportunity to score high enough to provide housing of that nature in the city. The proposal right now would put single-family townhomes along the Jefferson Street side and first-floor non-residential office and daycare space along Main Street with apartments above it. Mr. Nichols stated that this area makes sense for redevelopment. The hesitation is that we as a city are willing to do this for a developer without any conviction that they’re going to do something in this area. It’s understood that we can always change it later and that we’re priming it for redevelopment long term but I think we should stop doing things as piecemeal and require developers come to us saying this is the overlay we’re asking for and support us in the zoning change. People in the community can support it or not without being confused or nervous about what’s going in next door to them with just a simple zone development. I will be voting no here. __________________________________ Plan Commission Minutes 7 October 17, 2023 Ms. Propp said she has heard good things about this project and the City is working with the developer closely. Commonwealth wants to develop it but they have to get the tax credits first. She has faith in this project and is going to vote yes. Mr. Lyons commented that for the developer to even apply for the tax credits proper zoning has to be in place. Commonwealth is not the first developer over the past four to five years that has tried to make a project work here. One of the issues is they couldn’t get the points because proper zoning was not in place. With the City being proactive and rezoning it there’s an opportunity for redevelopment to happen. Tyler Sheeran, The Commonwealth Companies, 9502 Watts Road Verona, WI. The City released an RFP and it’s our intention to put forward the best development that we see for this block, which entailed acquiring the three parcels on Main Street and that is what we submitted to the City. The City opted to move forward with us and we’re getting this in a spot where we can present it to WHEDA and obtain the financing we need. We’ve been working with Planning and we have to have the zoning in place. Mr. Nichols asked if the zoning has to be in place before financing can be received. Mr. Sheeran responded yes and the reason is WHEDA gets a plethora of applications and it’s a finite resource. The last thing they want to do is allocate funding to a parcel or deal where the municipality is not supporting it; the funds have been allocated and six months later the developer goes back to WHEDA and says no thanks, the City is not in support of the project. Mr. Nichols asked if we’ll be changing the zoning before The Commonwealth knows they have funding. Mr. Lyons explained that the project is separate from the zoning change. To apply for the tax credits, you have to prove proper zoning is in place. Then the project has to go through the normal approval process, which includes a neighborhood meeting and Planned Development Overlay approval. How much do you make the developer spend upfront before there’s any indication from a financial stand point. By doing the zone change, there’s at least the opportunity for them to apply for tax credits versus not qualifying to apply. Mr. Nichols asked if it’s possible to receive a commitment from Commonwealth that if we change the zoning, they will apply for the tax credit. __________________________________ Plan Commission Minutes 8 October 17, 2023 Mr. Lyons said RDA did an agreement with Commonwealth, once they were selected, to move forward after the RFP. Mr. Nichols said that is helpful context. Mr. Esslinger said Mr. Nichols made some fantastic points and I did vote against this on Council when it came to purchasing these properties. The City leaps and looks later hoping these things happen. I believe Commonwealth has a process and I respect that. I don’t like the City getting into the real estate business. Sometimes it doesn’t work out and then we’re left holding the bag. Were there proposals for this area to do something with it. Mr. Lyons answered yes, we issued the request for a proposal. Mr. Esslinger asked if this was the only thing that came up. Mr. Lyons said they are the only ones that submitted this time around. Mr. Esslinger said then if this doesn’t happen, then what. Mr. Lyons responded that the RDA has owned this property for a significant amount of time and over the last handful of years, we’ve worked with four or five developers that tried to get a project to work here. This is the closest we’ve come to getting a viable project. Mr. Esslinger asked if a contingency could be placed for Commonwealth that the City would do the rezone if they get financing. Mr. Lyons said Wheda requires that the proper zoning be in place to get those points. Mr. Esslinger said he respects Ms. Kagak’s concerns. There would probably be a property management that watches over this but is this going to be another area the police will be visiting regularly. Mr. Lyons responded that it is tax credit housing so we need to make sure we do it appropriately when it’s done. This is not the same as an individual single-family landlord. This is what companies like Commonwealth do in this type of housing being successful. Mr. Esslinger stated again he doesn’t like the City getting into buying property and hoping it works out in the end. Ms. Scheuermann asked if we already own the properties. __________________________________ Plan Commission Minutes 9 October 17, 2023 Mr. Lyons said yes, the RDA owns the parcels on Jefferson and one of the parcels on Main Street. Council approved the acquisition of the other three Main Street parcels. RDA will be completing the purchase of those three parcels pending environmental. Ms. Propp said she thinks it makes sense to rezone this no matter what. She has confidence that the project is going to move ahead. If we do the rezone, we can split the parcel up again if we have to. She doesn’t see a downside to this. Ms. Davey agrees with Ms. Propp that it makes sense to move forward with this. The fact that Commonwealth is interested and we know and respect Justin Mitchell and other projects he’s brought to us. It makes sense for the City to rezone it and turn it over to someone else to build on. I will definitely be supporting this. Mr. Nichols asked who shoulders the cost associated with rezoning and surveying the property if it is redeveloped by Commonwealth. Mr. Lyons said the City has accepted the cost of the zone change and there’s not a lot of cost to that. Combining the CSM won’t be done until we know a project is going to move forward. Mr. Nichols asked if we’re approving that today. Mr. Lyons said no. CSM’s are done administratively and there’s no public approval needed. You either meet the subdivision code or you don’t. That would be done by Community Development. Mr. Kiefer said the question of the City redeveloping that area is the role of the RDA. There are plenty of areas in the City for growth opportunities and housing. There are properties on South Main the City has owned for years and it takes time to redevelop those things but that is the role of the RDA. This is an opportunity to support that and move forward with it. Mr. Perry commented that he’s been involved in a half dozen applications for tax credit and there’s nothing crazier than the application. It is a very thorough and complicated process. Rezoning has to be in place before an application can be submitted. It’s one part of fifty that have to be in place before an application can be submitted so I will be in support of this so the process can start. Mr. Nichols retracted his original comments and thinks we should still have a full picture as Plan Commission when these things are happening. I’m glad Commonwealth is here and support the project and informing the neighbors is incredibly important and making __________________________________ Plan Commission Minutes 10 October 17, 2023 sure they have input and understand there’s a process in place for that. I’ll support the zone change and I’m hoping Commonwealth continues with the project. Mr. Lyons said remember, when we do zone changes, we are to look at our comprehensive land use map and ask if the zone change being proposed is consistent with it or not. Having a project is great but from a City when we look at zone changes the ordinance says under State Statute that we look at our Comp Plan and our zoning and do they match. And if a zone change request comes in or is proposed that matches our Comp Plan, we should be recommending and following that comp plan that Council has adopted. The zone change matches our comp plan in the long term of what we want to see in that area. We’re setting the City up to match our comp plan and what we want to see for development in the area. Mr. Nichols agrees. Let’s do what we’re statutorily required to do and let’s review it in the context of the plan and we can be completely informed of what’s on the table. Mr. Esslinger said he is going to vote in favor of this today, however, there are more mechanisms that will have to come forward and I want to be respectful to the developer and they need this to start. But as a Plan Commission member and a Council member, I haven’t even seen the project yet. Rezoning would be prudent. Mr. Lyons said we expect that once it gets closer to moving forward, we’ll come back and do a workshop to introduce the project and make sure you know what the potential is. No further discussion. Motion carried 7-0 III. GENERAL DEVELOPMENT PLAN & SPECIFIC IMPLEMENTATION PLAN FOR A DRIVE-THROUGH RESTAURANT AT NORTHWEST CORNER OF JACKSON STREET & WEST SNELL ROAD (PARCEL 1260010000) Site Inspections Report: Mr. Perry, Ms. Scheuermann, Ms. Propp, and Ms. Davey reported visiting the site. Staff report accepted as part of the record. The applicant requests approval of a General Development Plan and Specific Implementation Plan for a drive-through restaurant at the northwest corner of Jackson Street and West Snell Road. __________________________________ Plan Commission Minutes 11 October 17, 2023 Mr. Slusarek presented the items and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. The subject area consists of a 2.31-acre vacant lot located at the northwest corner of Jackson Street and West Snell Road. The site is zoned Suburban Mixed Use District with a Planned Development Overlay (SMU-PD). The surrounding area consists of commercial uses to the north, south, and east, and residential uses to the west. The applicant has submitted plans for a drive-thru restaurant which is Foodies Mediterranean Fusion. The drive-thru is a permitted use in the SMU district. A neighborhood meeting was held on September 13, 2023, with no neighbors attending the meeting. The proposed site will utilize an existing private driveway access which is Zion Road off West Snell Road. The drive-thru lane will be one-way and will have three drive-thru order stations as well as a by-pass lane. Staff report notes that we are is recommending that the by-pass lane be expanded to 14’ wide to avoid a pinch point there and we have received a revised plan showing that 14’ width. The applicant is requesting a base standard modification (BSM) to allow the drive-through pick-up window on the south façade, facing West Snell Road, where code prohibits drive- through windows from being located between the building and the street. Staff is supportive of the requested BSM as the pick-up window will be in the most suitable location, not facing the primary street or residential properties to the west. Also, the significantly increased setback of approximately 98’ from the West Snell Road. They submitted plans for a monument sign and a wall sign facing Jackson Street. The proposed monument sign is under the maximum height for monument signage of 15’ for the SMU district and is meeting the setback requirements. The wall sign area is also within the maximum sign area of 1 sq. ft. per linear foot of building frontage. The landscape plan meets building foundation requirements as well as paved area, street frontage and yard landscaping point requirements. They are also providing additional yard landscaping on the south side of the drive-thru lane to compensate for the BSM for that pickup window on the street-facing side. They are required a .6 capacity buffer yard per landscaping ordinance as it’s a drive-thru use. The plan shows 6’ tall solid wood fencing and 176 evergreen tree landscaping points. They will need to provide more evergreen tree landscaping points up to 750 points and will need to move the fencing off the property line a bit because half the points per code need to be on the back side of that fencing and that can be addressed during site plan review to get that additional landscaping and get the fencing where it needs to be. The building’s exterior materials consist of glazing, brick veneer, and horizontal and vertical metal siding. All facades exceed the 50% Class I material requirement. Staff recommends approval of the General Development Plan and Specific Implementation Plan with the findings and conditions listed in the staff report. Mr. Perry opened up technical questions to staff. __________________________________ Plan Commission Minutes 12 October 17, 2023 No technical questions. Mr. Perry asked if the owner/applicant wanted to make any statements. Jeff Peterson, CR Structures, 327 Randolph Drive, Appleton. General contractors for this project and represent the owner Dr. Zafarani. Mr. Perry asked for any public comments. No public comments. Mr. Perry closed public comments. Mr. Perry asked if the owner/applicant wanted to make any statements. No closing statement from the applicant. Ms. Propp asked if this is the first cashless, people-free, drive-thru in the area. Mr. Peterson said this is the first in the area that he knows of. Motion by Propp to adopt the findings and recommendation as stated in the staff report. Seconded by Davey. Mr. Perry asked if there was any discussion on the motion. Mr. Perry stated this is an appropriate use for this site. Motion carried 7-0 There being no further business, the meeting adjourned at 4:45 p.m. (Davey/Scheuermann) Respectfully Submitted, Mark Lyons Planning Services Manager