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HomeMy WebLinkAboutMinutes__________________________________ Plan Commission Minutes 1 April 16, 2024 PLAN COMMISSION MINUTES April 16, 2024 PRESENT: Council Member Esslinger, Kathleen Propp, Meredith Scheuermann, Mamadou Coulibaly, Margy Davey, John Kiefer, Thomas Perry EXCUSED: Kristopher Ulrich, Karl Loewenstein, DJ Nichols, Ed Bowen STAFF: Mark Lyons, Planning Services Manager; Justin Gierach, Engineering Division Manager; Brian Slusarek, Principal Planner; Jeff Nau, 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 April 2, 2024 were approved as presented. (Davey/Kiefer) I. DETERMINE NECESSITY TO ACQUIRE AND APPROVE PARTIAL LAND ACQUISITIONS AT 3098, 3105 & 3123 JACKSON STREET AND 370 WEST FERNAU AVENUE Site Inspections Report: Ms. Scheuermann, and Ms. Davey reported visiting the site. Staff report accepted as part of the record. The City of Oshkosh Department of Public Works is requesting approval to acquire portions of four properties at the intersection of Jackson Street and West Fernau Avenue. 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 area involves four properties, one each at the four quadrants of the intersection of Jackson Street and West Fernau Avenue. The proposed Valley Christian High School project on Vinland Street has set into motion the long-awaited extension of West Fernau Avenue from Jackson Street to Vinland Street. The City officially mapped this extension in 1974 and purchased land for the future right-of-way in 2006. The Department of Public Works has begun to design the extension and determined additional land for right-of-way dedication will be needed at all four corners of the intersection. This is primarily needed for construction of ADA sidewalks, wheelchair ramps, and potential intersection signals. The surrounding area consists of a mix of uses with a scattering of single-family, commercial and industrial uses along Jackson Street with large areas of undeveloped land, especially to the west. The 2040 Comprehensive plan identifies the area suitable for mixed-use development. __________________________________ Plan Commission Minutes 2 April 16, 2024 The proposed land acquisitions vary in shape and size, ranging from 118 square feet at the southeast corner to 713 square feet at the northwest corner. Additional right-of-way was previously dedicated on the east side of Jackson by the Wisconsin Department of Transportation in conjunction with the Jackson Street paving project in 1996. Since the two proposed acquisitions on the west side of Jackson Street are in the Town of Oshkosh, the land will be annexed into the City once the acquisition process is complete. The remainder of Fernau Avenue will be annexed at the same time. Following the annexation, the rights-of-way will be dedicated to the public via Certified Survey Map. This review and subsequent approval by the Common Council is the first step for the City to acquire this property. The City is required to follow the acquisition process as required by state statute. Staff recommends approval of the proposed partial property acquisitions as requested. Mr. Perry opened up technical questions to staff. Mr. Kiefer asked if this will be a stop and go light intersection, or a roundabout. Mr. Gierach stated they are still working through the process with the Department of Transportation (DOT). He believes it will be signalized. They are still working through the exact details of what it is going to look like. Will probably not be a roundabout. Mr. Perry opened public comment and asked if any members of the public wished to speak. Jared Vanlanen, of W6913 Melony Court in Greenville WI, is the property owner of the northeast corner. He had questions about sidewalks and pedestrian traffic. Mr. Gierach stated plans are still being developed. Still working with the DOT to get exact requirements of what they are going to require. We are looking at having crossings all four directions, so there will be handicap ramps at all four corners with pedestrian signals and push buttons. Currently there is no sidewalk on the north side of Fernau Avenue. South side there is. At some point in time, not necessarily a plan of this project, I would expect sidewalks to be installed on the north side of Fernau Avenue. Mr. Perry closed public comments. Motion by Davey 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. Motion carried 7-0. __________________________________ Plan Commission Minutes 3 April 16, 2024 II. PUBLIC HEARING: ZONE CHANGE FROM INSTITUTIONAL (I) TO TWO FLAT RESIDENTIAL-10 (TR-10) FOR THE PROPERTY LOCATED AT 1333 EASTMAN STREET Site Inspections Report: Ms. Davey, Mr. Kiefer, and Mr. Perry reported visiting the site. Staff report accepted as part of the record. The applicant requests a zone change from the existing Institutional (I) to Two Flat Residential - 10 (TR-10) for a portion of the property located at 1325 Eastman Street. Ms. Dziengeleski presented the items and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. The subject site consists of a single lot with a total of 0.7345 acres located at the southwest corner of East Custer Avenue and the 1300 Block of Eastman Street. The site is currently owned by Covey, who operates an assisted living facility. This request consists of a zone change for the northeast portion of the site where an employee parking lot currently exists. The zone change will accommodate proper zoning for a newly created lot, 1333 Eastman Street, done through a Certified Survey Map (CSM). The surrounding area consists of commercial uses to the north, single family residential uses to the east, and multi-family residential uses to the south and west. The applicant is requesting a zone change to Two Flat Residential (TR-10) for the subject property. The applicant intends to utilize the new lot for a home to house four adults with disabilities. This type of land use is considered a single-family residential use and is allowed within our Residential Districts. This rezone request is intended to provide appropriate zoning to allow for the future residential use of the newly created lot, as it will be permitted by right. The proposed TR-10 zoning is consistent with the 2040 Comprehensive Land Use Plan recommendation of Light Density Residential for the subject site. The proposed rezone will be consistent with the land uses to the east, west, and south. For this reason, staff is supportive of the proposed rezoning of the subject site. Staff recommends approval of the zone change with the findings listed in the staff report. Mr. Perry opened up technical questions to staff. Mr. Perry opened the public hearing and asked if the applicant wanted to make any statements. Tony Gonzalez, Chief Operating Officer of Covey Inc, 2200 Algoma Boulevard in Oshkosh. We are both a residential and community based service provider for people with disabilities in Winnebago and Outagamie counties. The request is for us to change the zoning, which will allow us to build an approximate two-thousand square foot ranch home at the corner of 1333 Eastman Street, which will serve as a licensed adult family home for four individuals. This will be their permanent home, where we will provide twenty-four hour care by our paid staff. The home may take these four individuals until the end of their life. It will allow us to foster their inclusion in the community, to support a fulfilling lifestyle for them, and provide them with opportunities and options to engage __________________________________ Plan Commission Minutes 4 April 16, 2024 in the community in ways they have not been able to in the past. It will also help prevent isolation and any accompanying issues that result from isolation. The building of this home will be a substantial improvement in the use of this property, which is currently a parking lot in need of significant repair. The building of the home meets a housing need identified in the City of Oshkosh fiscal year 2023 action plan, and that is to provide housing services and facilities for people with special needs. That was listed as one of the six goals of the plan. The need for adult family homes is great in our community. Currently we have about twenty people on our waiting list to have a new home. Our general timeline is to build the home in the later part of 2024, and opening the home at the end of 2024 or the beginning of 2025. Mr. Perry asked if other members of the public wished to speak. Todd Miller, of 881 Honey Creek Road in Oshkosh, stated him and his wife have been involved with Covey for thirty years. We have a soon to be thirty-one-year-old son, who functions at a one- year-old level. He is with us right now, and we are going to keep him as long as we can. He currently goes to the Covey respite house, which is right next door. He has been going there for eighteen years during the day. Eventually he is going to end up having to go to an adult family home, because we have no family that will take care of him. As Mr. Gonzalez said, there is a demand for this and I think this is going to go right along with the aging of the population, especially with the disabled community. I support this. This is something that is going to be continuing all over the state, all over the nation, and I think this is a good thing for the City of Oshkosh, and Covey. Mr. Perry closed the public hearing. There was no closing statement 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. Mr. Perry stated as a former official in an organization very similar to this, I am very comfortable with the adult family home model. There is a lot of oversight and overview of this particular model. There will be four individuals who could be followed by up to four different organizations, who at all times will have access to the people in these houses. There are a lot of eyeballs that go into a little facility like this. Makes it a very good neighborhood project and they will be great neighbors to everybody around there. I am in total support of this and think it is a great opportunity. There is a tremendous need in the community for more facilities like this. Motion carried 7-0. __________________________________ Plan Commission Minutes 5 April 16, 2024 III. PUBLIC HEARING: CONDITIONAL USE PERMIT AMENDMENT FOR AN OUTDOOR STORAGE USE AT 2840 OREGON STREET Site Inspections Report: Mr. Perry reported visiting the site. Staff report accepted as part of the record. The applicant is requesting a Conditional Use Permit (CUP) Amendment for an outdoor storage area at 2840 Oregon Street. Ms. 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 site is located on Oregon Street, north of West 29th Avenue. It is used for warehousing purposes and is zoned heavy industrial district and surrounded by primarily industrial uses. In December of 2023, Common Council approved a Conditional Use permit for removal of the roof from the quonset hut style building for outdoor storage of pallets within the remaining walls of the building. The applicant has revised their plans. They are no longer removing the quonset hut building roof. The applicant now plans to utilize existing paved areas on the site for outdoor storage of pallets. They will be screening those pallets with 8’ tall solid fencing on the street side of the storage area to meet code requirements for screening from non-industrialized areas. It does require a CUP Amendment as they are no longer using the Quonset hut style building as the outdoor storage, so that has changed. Staff does not have concerns with the CUP Amendment as the proposed outdoor storage area will meet current screening requirements with the 8’ tall solid fencing buffering it from the public right-of-way. Staff recommends approval of the proposed CUP Amendment with the findings listed in the staff report. Mr. Perry opened up technical questions to staff. Mr. Perry opened the public hearing and asked if the applicant wanted to make any statements. Joel Ehrfurth, with Mach IV Engineering, made himself available for questions. Mr. Perry asked if other members of the public wished to speak. Mr. Perry closed the public hearing, and there was no closing statement from the applicant. Motion by Davey 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. __________________________________ Plan Commission Minutes 6 April 16, 2024 IV. 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 A DRIVE-THROUGH RESTAURANT AT 502 WEST MURDOCK AVENUE Site Inspections Report: Council Member Esslinger, Ms. Propp, Ms. Scheuermann, Ms. Davey, and Mr. Perry reported visiting the site. Staff report accepted as part of the record. The applicant requests a zone change from the existing Suburban Mixed Use District (SMU) to Suburban Mixed Use District with a Planned Development Overlay (SMU-PD). The applicant also requests approval of a General Development Plan and Specific Implementation Plan for a drive- through restaurant at 502 West Murdock Avenue. 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 site is a 0.33-acre property located on the north side of West Murdock Avenue, west of Jackson Street, and has an existing carwash building. The applicant is requesting a zone change from the existing SMU to SMU-PD, to allow for flexibility in the zoning ordinance to accommodate a new use on the property. They have submitted plans for a drive-through restaurant. The rezone would accommodate redevelopment of the site due to site constraints related to the minimal size of the lot. Staff is supportive of the proposed zone change as it will serve to accommodate future development needs for the site. A Plan Commission workshop was held on February 20, 2024 to discuss plans, with Plan Commission voicing support for the proposed conceptual plans. The applicant is proposing to demolish the existing building and parking lot on the subject site for development of a 918 sq. ft. drive-through restaurant (Domino’s). This facility will serve pre- ordered food only to be picked up at pick-up windows for vehicles and pedestrians. Only employees and delivery drivers will be allowed in the building. The applicant is requesting a base standard modification (BSM) for reduced front yard setback for the pavement to 17’, where code requires a 25’ front setback. Staff is supportive of the BSM due to the limited area in the site to meet setbacks, as well as all other code required parking and building areas. The applicant is also requesting a BSM to allow increased impervious surface ratio to 79%, where code allows a maximum impervious surface ratio of 70%. Staff is also supportive of the increased impervious surface ratio, again due to the relatively small size of the lot, and fitting all the needed amenities. It is a significant improvement from the existing impervious surface ratio of 100% for the site. The applicant has submitted signage plans, including wall signage on the front and sides which appear to meet code requirements. Also proposing a new monument or pylon sign which would __________________________________ Plan Commission Minutes 7 April 16, 2024 be 22’ tall. It would have a 17’ setback from the front property line and a 5’ setback from the side property line. The proposed size is 46.85 sq. ft., which is well under the maximum of 100 sq. ft., based on the linear footage of the front property. The applicant is requesting BSMs for reduced front yard setback to 17’, and side yard setback to 5’. Staff is supportive of the requested BSMs as the setbacks will match the front and side pavement setbacks and will prevent obstruction of the drive lane. The proposed sign height is well under the maximum height of 30’ for the SMU district and the sign area is less than 50% of the maximum ground sign area allowance. This serves to offset the BSM requests for reduced setbacks. The landscape plan is meeting building foundation point requirements however they will need to swap out shrubs for perennials on the front side of the building to meet the point requirement for the street facing facade. They are meeting paved area street frontage and yard landscaping requirements. They are exceeding the overall point requirements providing 126% of the required points. That also serves to offset requested BSMs. The proposed building elevations are exceeding the Class I material requirements on the front and side facades. They are requesting a BSM for the rear side façades for a Class IV material which would be a vinyl wrap over that exterior. Dominos has used vinyl wrap on their exterior coolers and they typically have a material print and artwork on the wrap. Any artwork on the vinyl wrap will be subject to the City’s mural ordinance. Staff is supportive of the requested BSM for Class IV material (vinyl wrap) on those side facades as they are towards the rear of the building and minimally visible from the public right-of-way. Also, the applicant is providing increased Class I materials to offset the request. The applicant is requesting base standard modifications (BSM) for reduced ground sign and pavement setbacks, increased impervious surface ratio, and allowance of a prohibited exterior material. To compensate, the applicant has provided 126% of the required landscaping points, reduced ground sign area, and exceeded the Class I material requirement. Staff feels that the applicant has sufficently offset the BSM requests. One thing to note is the list of conditions did not include a BSM request for the Class IV material in your staff report, and I intended to have it in there. My apologies for that. We are adding that as a sixth condition, to allow the Class IV materials on the side facades. Mr. Perry opened up technical questions to staff. Mr. Perry opened the public hearing and asked if the applicant wanted to make any statements. Eric Stadtherr, Head of Facilities for Domino’s Pizza, made himself available for questions. He stated he could not explain it any better than Mr. Slusarek did of what they want to do. Mr. Slusarek got into every little detail that we are hoping you are going to approve. Mr. Perry asked if other members of the public wished to speak. Mr. Perry closed the public hearing, and there was no closing statement from the applicant. __________________________________ Plan Commission Minutes 8 April 16, 2024 Mr. Lyons stated that because staff forgot to list condition number six in the staff report, that Plan Commission should include condition number six within their motion. That will make sure that we get it in the record, before it gets to Council. Motion by Davey to adopt the findings and recommendation as stated in the staff report, including condition number six. Seconded by Scheuermann. Mr. Perry asked if there was any discussion on the motion. Ms. Scheuermann wondered about the vinyl wraps. Assuming staff is comfortable with it because it is in the back. When does it become where staff is not comfortable with it. Mr. Lyons stated the mural ordinance allows them on any side or rear façade, under the current code, and just prohibits them on the front. If a property is on a corner, the side street can have a mural on it. Condition number six speaks to the material that lies underneath. Typically, we would recommend to not use Class IV materials. They are prohibited in the code. However, in this instance with the fact that they are going to wrap it, no one is going to know what is underneath it. It makes sense to allow it, and the BSM addresses the code requirement. Motion carried 7-0. There being no further business, the meeting adjourned at 4:33 pm. (Kiefer/Scheuermann) Respectfully Submitted, Mark Lyons Planning Services Manager ML/km