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HomeMy WebLinkAboutMinutes__________________________________ Plan Commission Minutes 1 July 2, 2024 PLAN COMMISSION MINUTES July 2, 2024 PRESENT: Kathleen Propp, Meredith Scheuermann, Karl Loewenstein, Margy Davey, Kristopher Ulrich, John Kiefer, Thomas Perry, Ed Bowen, Council Member Nichols EXCUSED: STAFF: Kelly Nieforth, Community Development Director; Justin Gierach, Engineering Division Manager; Brian Slusarek, Principal Planner; Emma Dziengeleski, Assistant Planner; Brandon Nielsen, Associate 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 June 18, 2024 were approved as presented. (Davey/Scheuermann) I. GRANT UNDERGROUND ELECTRIC EASEMENT AT 3280 COMPASS WAY (CITY TRANSLOAD FACILITY) TO WISCONSIN PUBLIC SERVICE CORPORATION Site Inspections Report: No Commissioner reported visiting the site. Staff report accepted as part of the record. The City of Oshkosh requests to grant an underground electric easement to Wisconsin Public Service Corporation (WPS) on City-owned land at 3280 Compass Way. 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 property is a City-owned parcel located on the east side of Compass Way within the Southwest Industrial Park and is the location of the City’s transload facility. The surrounding area is predominantly agricultural in use and is prepped for future industrial uses as recommended by the City’s Comprehensive Plan. WPS is requesting this easement to install electrical service to the transload terminal. This will connect from WPS’s facilities to the west within a separate easement area granted by the City in 2014. The proposed easement is located along the north side of the City’s property. The easement will commence from an existing private utility easement to the west. The easement is proposed to be 12 feet wide by approximately 160 feet long and 1,920 square feet (0.44 acres) in area. __________________________________ Plan Commission Minutes 2 July 2, 2024 Wording in the easement document will allow WPS to access the property, install underground electric lines and related infrastructure, and maintain or replace its facilities as needed. The easement is subject to conditions and restrictions listed in the easement agreement. The City Attorney’s Office is coordinating with the Department of Community Development and WPS, and has prepared a draft of the easement documents. The signed easement agreement will be recorded at the Winnebago County Register of Deeds upon approval by the Common Council. Mr. Perry opened up technical questions to staff. Mr. Perry opened public comment and asked if the applicant wanted to make any statements. Mr. Perry asked if any members of the public wished to speak. Mr. Perry closed public comment. 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 Kiefer. Mr. Perry asked if there was any discussion on the motion. Motion carried 9-0. II. PUBLIC HEARING: ZONE CHANGE FROM URBAN MIXED USE DISTRICT (UMU) TO URBAN MIXED USE DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (UMU-PD) FOR PROPERTY LOCATED SOUTH OF 686 NORTH MAIN STREET - PARCEL 0402300000 (FORMERLY 668 NORTH MAIN STREET) Site Inspections Report: Ms. Scheuermann, Mr. Lowenstein, Mr. Ulrich, Council Member Nichols, Ms. Davey, Mr. Bowen and Mr. Perry all 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) for the property located at 0 North Main Street (Parcel 0402300000). 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 included in the zone change request consists of a 3,600 sq. ft. vacant property located on the east side of North Main Street, south of East Irving Avenue. The site previously had a commercial building that was razed in 2021. The __________________________________ Plan Commission Minutes 3 July 2, 2024 surrounding area consists primarily of a mix of commercial, mixed use and vacant properties. The 2040 Comprehensive Plan recommends Center City land use for the subject property and the adjoining parcels. Mr. Perry opened up technical questions to staff. Council Member Nichols asked if the applicant will have to resubmit their WHEDA application due to this parcel not being included in the initial rezone. Ms. Nieforth said that the applicant will not need to resubmit their application. They were approved for the tax credits, and this was just an oversight. This planned development overlay is able to give the applicant flexibility. Mr. Perry opened the public hearing and asked if any members of the public wished to speak. April Chase; 686 N Main St, asked if a fence will be put up since the fence she had was torn down during the demolition of the building. Mr. Slusarek said that the fence will be addressed as part of the planned development when the applicant comes back through Plan Commission with their plans for the general development plan and specific implementation plan. At this time, it is just a zone change to get common zoning. 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 Davey. Mr. Perry asked if there was any discussion on the motion. Motion carried 9-0. III. GRANT PRIVILEGE IN THE STREET FOR GROUNDWATER MONITORING WELLS SOUTH OF 110 PEARL AVENUE LOCATED IN THE PEARL AVENUE RIGHT-OF- WAY AND WEST OF 50 PEARL AVENUE LOCATED IN THE MARKET STREET RIGHT-OF-WAY Site Inspections Report: No Commissioner reported visiting the site. Staff report accepted as part of the record. __________________________________ Plan Commission Minutes 4 July 2, 2024 The applicant is requesting privilege in the street to allow for installation and monitoring of two groundwater monitoring wells in City right-of-way. Mr. Nielsen presented the items and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. Gunderson Cleaners Inc. has contracted with EnviroForensics to oversee the installation of two 2-inch monitoring wells; the first being located within the north sidewalk area of Pearl Avenue (well MW-118), and the second within the east sidewalk area of Market Street (well MW-119). The purpose of the monitoring wells is to expand the monitoring network of ground water contamination emanating from the 118 High Avenue property, which operated a laundry business from the 1920’s until the mid-1980’s. According to the submitted site plan, the proposed location of well MW-118 is within the north sidewalk of Pearl Avenue, approximately 25 feet northwest of the northwest sidewalk corner of Pearl Avenue and Market Street. The proposed location of well MW-119 is within the east sidewalk of Market Street, approximately 4 feet southwest of the southeast sidewalk corner of High Avenue and Market Street. The final drill locations may be slightly modified to avoid any underground utilities that may be present. Staff recommends approval of the privilege in the street with the conditions listed in the staff report. Mr. Perry opened up technical questions to staff. Mr. Perry opened the public hearing and asked if any members of the public wished to speak. Mr. Perry closed the public hearing. There was no closing statement from the applicant. Motion by Ulrich 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. Motion carried 9-0. IV. SPECIFIC IMPLEMENTATION PLAN AMENDMENT FOR MONUMENT SIGN AT 4233 WAUPUN ROAD Site Inspections Report: Mr. Loewenstein and Council Member Nichols reported visiting the site. Staff report accepted as part of the record. __________________________________ Plan Commission Minutes 5 July 2, 2024 The applicant is requesting approval of a Specific Implementation Plan (SIP) amendment for a monument sign at 4233 Waupun Road. 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 2.2-acre development site within a property located on the west side of Waupun Road, east of State Highway 41. The property is zoned Institutional District with a Planned Development Overlay (I-PD) and contains an Educational Training Facility for Construction Management students at Fox Valley Technical College (FVTC). The surrounding area consists predominantly of agricultural uses along with some institutional and residential uses. The 2040 Comprehensive Plan recommends Community Facility use for the subject property. On March 14, 2023, Common Council approved a General Development Plan and Specific Implementation Plan for an educational training facility on the subject property. The applicant is requesting amendment to the existing SIP for a new monument sign. Staff recommends approval of the SIP amendment with the findings and conditions 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. Mr. Perry asked if other members of the public wished to speak. Mr. Perry closed the public hearing. 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 Lowenstein. Mr. Perry asked if there was any discussion on the motion. Motion carried 9-0. V. GENERAL DEVELOPMENT PLAN AMENDMENT & SPECIFIC IMPLEMENTATION PLAN AMENDMENT FOR A TOWNHOME DEVELOPMENT BETWEEN 1100 WEST 20TH AVENUE & 1020 WEST 20TH AVENUE (PARCEL 1307110201) Site Inspections Report: Mr. Perry, Ms. Propp, Mr. Ulrich, Council Member Nichols, Mr. Lowenstein and Ms. Scheuermann reported visiting the site. Staff report accepted as part of the record. __________________________________ Plan Commission Minutes 6 July 2, 2024 The applicant requests approval of a General Development Plan Amendment and Specific Implementation Plan Amendment for a multi-family development at 0 West 20th Avenue, parcel 1307110201. 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 consists of a 1.52-acre vacant lot on the north side of West 20th Avenue, west of Knapp Street. The site is zoned Neighborhood Mixed Use District with Planned Development Overlay (NMU-PD). The surrounding area consists of residential uses to the north, east, and west along with commercial uses along West 20th Avenue and airport related uses on the south side of West 20th Avenue. The 2040 Comprehensive Land Use Plan recommends Neighborhood Commercial use for the subject area. On August 9, 2005, Common Council approved a Planned Development for a condominium complex consisting of a 2-story structure containing 19 dwelling units. However, the approved development was never constructed. Staff recommends approval of the GDP and SIP amendment with the findings and conditions listed in the staff report. Mr. Perry opened up technical questions to staff. Mr. Lowenstein asked if the regulations from the 2005 approval have changed. Mr. Slusarek said that the regulations have changed, but overall, it was a different development. The approval from 2005 was a single building with 19 units, and this request is three smaller buildings. Council Member Nichols asked if this developer is the same developer from 2005. Mr. Slusarek said it is a new developer. Mr. Ulrich asked if there is a concern of the flow of traffic since there is only one lane coming in and out of 20th Avenue. Mr. Slusarek said that there haven’t been additional concerns versus what was previously approved, and this is an allowable land use in the zoning district. Ms. Scheuermann asked if the makeup of the units were different, if the outdoor recreational space would be different. Mr. Slusarek said that they looked at how much area was available, and with the patios, that gave them enough space being comparable with what code would require for overall recreation space. They are condo units and each unit has it’s own patio space. Mr. Perry opened public comment and asked if the applicant wanted to make any statements. __________________________________ Plan Commission Minutes 7 July 2, 2024 Mr. Perry asked if any members of the public wished to speak. Randy Schmiedel; 230 Ohio St, and Scott Kintopf; 3350 S River Rd, West Bend, WI, made themselves available for questions. Brian Frank; 1095 W 19th Ave, had concerns of what would happen to his trees that border on the east side of the development since they plan on putting up a fence. Ross Kussman; 1115 W 19th Ave, said he has a transformer in the back corner of his lot. He wants to know if he will still be able to access it once construction takes place. Mr. Slusarek said both questions will be deferred to the applicant. Mr. Perry closed public comment. Mr. Schmiedel said that there was a neighborhood meeting in June, and they met with a lot of neighbors and talked about the concerns they had. He said they will have to take a look at the site to see how far Mr. Frank’s tree protrude onto their property. There may be an opportunity to bring the fence back to protect the trees, they don’t want to get rid of perfectly healthy trees. Ms. Davey asked if the trees would be sufficient without the fence. Mr. Schmiedel said it’s possible, but he won’t know until he visits the site and takes a look at the trees. He’s not sure what the city would require if the trees aren’t on their property. Mr. Slusarek said that if the trees are on Mr. Schmiedel’ s property, they will count towards the bufferyard. Mr. Schmiedel said he also sees no reason why Mr. Kussman shouldn’t have access to the transformer on his lot. Ms. Davey stated that she’s not comfortable with the amount of increased hardscape due to the two spaces per unit for parking. This combined with no pedestrian or bike access, it seems like too much and not good for the environment. However, thank you for mitigating it with landscaping. 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. Ms. Propp said this development is the definition of infill. She stated she had a hard time finding it while driving down 20th Ave. She said it is a tight fit for the number of units. She will support it and hope it works out well. __________________________________ Plan Commission Minutes 8 July 2, 2024 Mr. Lowenstein asked more about the driveway for the development. He said it doesn’t seem safe or accessible. He asked how the city sees that access to a busy road. Mr. Slusarek said there is an existing planned development that could be built today with 19 units. The density has been reviewed as part of the original approval. Both plans were reviewed by the Director of Transportation as part of the site plan review and no concerns were noted. Mr. Kiefer asked if it is a standard road width. Mr. Slusarek said it is about 25-30’. Mr. Ulrich said that he believes the people who live there will go through the parking lot to the east and using either entrance as both an entrance and an exit if it gets to be too busy. Motion carried 9-0. There being no further business, the meeting adjourned at 4:38 pm. (Davey/Kiefer) Respectfully Submitted, Mark Lyons Planning Services Manager ML/hs