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HomeMy WebLinkAboutMinutes__________________________________ Plan Commission Minutes 1 August 6, 2024 PLAN COMMISSION MINUTES August 6, 2024 PRESENT: Kathleen Propp, Council Member Nichols, Margy Davey, Ed Bowen, John Kiefer EXCUSED: Meredith Scheuermann, Karl Loewenstein, Thomas Perry STAFF: Mark Lyons, Planning Services Manager; Justin Gierach, Engineering Division Manager; Brian Slusarek, Principal Planner; Katrina Malson, Office Assistant Vice Chair Kiefer called the meeting to order at 4:03 pm. Roll call was taken and a quorum declared present. The minutes of July 16, 2024 were approved as presented. (Davey/Propp) I. PRESENTATION – DOWNTOWN VISUALIZATION PLAN The plan can be found on the following City website: https://www.oshkoshwi.gov/PlanningServices/Plans.aspx Mr. Lyons presented the plan, first discussing the history of downtown and how industrial it was, and what changes have been made to it since. The City has a long history of collaboration with local organizations (such as Greater Oshkosh Economic Development Corporation, Oshkosh Chamber of Commerce, Discover Oshkosh, Downtown Oshkosh Business Improvement District, and Oshkosh Area Community Foundation) to develop plans for the downtown. The 2000 Downtown Action Plan was highly successful, so we wanted to develop a plan for the next evolution, what are the next set of goals, and what could our downtown look like in the future. We identified some opportunities for redevelopment to create a revitalized and reimagined downtown. Redevelopment opportunities range from basic landscaping improvements to large scale redevelopment. Mr. Lyons opened up technical questions. Mr. Nichols stated he saw this presentation at a Council meeting, and he fielded a lot of questions from the public after. He thinks the plan is great. Since the last downtown plan in 2000, a lot has happened like nine-eleven, the financial crisis, Covid, and changes to technology: iPhone, electric cars, and Artificial Intelligence (AI). The new plan is looking 25 to 50 years in the future, and he appreciates all of the hard work that went into developing it. Ms. Davey echoed Mr. Nichols’s comments. __________________________________ Plan Commission Minutes 2 August 6, 2024 II. SPECIFIC IMPLEMENTATION PLAN AMENDMENT FOR LOADING DOCK ACCESS AT 3300 MEDALIST DRIVE Site Inspections Report: Mr. Kiefer reported visiting the site. Staff report accepted as part of the record. The applicant requests approval of Specific Implementation Plan (SIP) Amendment for loading dock access. 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 is an industrial site on the southeast corner of Medalist Drive and West 33rd Avenue. It has industrial buildings as well as storage buildings that are being constructed, which were included in a General Development Plan (GDP)/SIP approved by Common Council in 2023. The northeast building was recently purchased by Lakeside Plastics, and they would like to install a loading dock on the east side of the building along with additional pavement for truck access. They need a base standard modification (BSM) to allow reduced side yard setback for the new pavement to 10’, where code requires a 20’ side setback. They are accessing through neighboring property, and have provided cross access agreements. They are showing additional arborvitae along the reduced setback to buffer neighboring property. Staff does not have concerns with the reduced setback as it is abutting an undevelopable area of the industrial site to the east that is used for stormwater ponds. The applicant is requesting a BSM to allow 0.0 fc lighting level for the vehicle circulation area where code requires a minimum of 0.4 fc for all vehicle circulation areas. Staff is supportive of the requested BSM as the subject area is isolated from all customer, employee, and pedestrian areas and should not cause safety concerns related to vehicle and pedestrian circulation. No changes are being proposed to the existing buildings, with the exception of two overhead doors being added to the east side of the subject building (401 West 33rd Avenue). The new overhead doors meet design standards requirements as the alteration is consistent with the existing building design and materials. Staff recommends approval of the SIP Amendment as proposed with the findings and conditions listed in the staff report. Mr. Kiefer opened up technical questions to staff. Mr. Kiefer opened public comment and asked if the applicant wanted to make any statements. Rick Fischer, with Fischer and Associates Architects, is the applicant. They wanted to keep the existing parking spaces but allow truck maneuvering for the new building and loading dock. Mr. Kiefer asked if any members of the public wished to speak. __________________________________ Plan Commission Minutes 3 August 6, 2024 Michael Cuttill, one of the owners of Lakeside Plastics and Gen2 Holdings LLC, made himself available for questions. Mr. Kiefer 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 Propp. Mr. Kiefer asked if there was any discussion on the motion. Motion carried 5-0. III. PUBLIC HEARING: ZONE CHANGE FROM CENTRAL MIXED USE DISTRICT (CMU) TO CENTRAL MIXED USED DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (CMU-PD) AND APPROVAL OF A GENERAL DEVELOPMENT PLAN AND SPECIFIC IMPLEMENTATION PLAN FOR PARKING LOT RECONSTRUCTION AT 224 STATE STREET Site Inspections Report: Ms. Propp, Mr. Nichols, Mr. Bowen, and Ms. Davey reported visiting the site. Staff report accepted as part of the record. The applicant requests a zone change from the existing Central Mixed Use District (CMU) to Central Mixed Use District with a Planned Development Overlay (CMU-PD). The applicant also requests approval of a General Development Plan (GDP) and Specific Implementation Plan (SIP) for parking lot reconstruction. 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 located at the southeast corner of State Street and Waugoo Avenue. It has a commercial building (former Oshkosh Northwestern building) and a parking lot with two garages accessed from Waugoo Avenue. The applicant is requesting a zone change as they are requesting to reconstruct an existing legal nonconforming parking lot. They are currently in the process of renovating the south building (216 State Street) to a first-floor restaurant and future plans are to add hotel accommodations above the restaurant and in the building immediately to the north (224 State Street). Staff is supportive of the proposed zone change as the Planned Development Overlay will assist with providing needed parking for the site. __________________________________ Plan Commission Minutes 4 August 6, 2024 The applicant is proposing to reconstruct the existing parking lot, which will have 31 parking stalls. The proposed plan has 0’ side (south) and rear (east) setbacks and 10’ street side (north) setback for the proposed pavement, where code requires a 5’ pavement setback from all property lines in the CMU district. Base Standard Modifications (BSM) are required for the reduced side and rear setbacks of 0’. Staff is supportive of the BSM requests for reduced side and rear yard setbacks as it will match the existing parking lot setback. The applicant has increased the front setback from the existing 0’ to 10’, which exceeds the code minimum of 5’. The increased front setback will be landscaped to enhance the appearance of the site from the street. The applicant is requesting a BSM to waive the bufferyard requirement along the south and east property lines. According to the applicant, meeting the bufferyard requirement along these property lines would be impractical due to the location of the existing buildings on and adjacent to the site and would cause undue disturbance to the most contaminated area of the site. The applicant also notes that the east and south sides of the parking lot are bordered by Winnebago County buildings that have walls located on the property line. The applicant is requesting a BSM to allow parking row ends without the required landscape island at 5 parking row ends. Staff is supportive of allowing these parking rows without landscape planter islands to preserve sufficient space for vehicle circulation without losing the needed parking stalls. Staff recommends approval of the zone change, GDP, and SIP with the findings and conditions listed in the staff report. Mr. Kiefer opened up technical questions to staff. Ms. Davey wondered if the parking lot is sealing in something. Mr. Lyons stated yes, this is a capped Department of Natural Resource (DNR) environmental site, so we need to maintain a cap here. This improves the look of the area, and adds some green space. Ms. Davey asked if permeable pavers are an option. Mr. Lyons stated he would want to work with the environmental consultants to see if that is a viable option, given that it is a capped DNR site. That is typically not an option on those types of sites. Mr. Kiefer wondered if the building to the east is right up to the property line. Mr. Lyons stated yes, the County building is, and same thing to the south. Mr. Kiefer wondered what structures would remain on the site. __________________________________ Plan Commission Minutes 5 August 6, 2024 Mr. Lyons stated the two existing garages would remain on site. Mr. Kiefer opened the public hearing and asked if the applicant wanted to make any statements. Susan Hirschberg with RH Design Build, 2050 Menominee Drive in Oshkosh, was available for questions. Kelsie Lally, Lead Design on the project, Director of Team SNW, speaking as the owner’s representative, stated they will have a 35-room hotel in 2026. Here we have 31 parking stalls, and another lot across the street that will provide additional parking. Available for any questions. Mr. Kiefer asked if other members of the public wished to speak. Mr. Kiefer 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 Bowen. Mr. Kiefer asked if there was any discussion on the motion. Motion carried 5-0. IV. PUBLIC HEARING: PROPOSED CREATION OF TAX INCREMENT FINANCING DISTRICT NO. 44 NORTHWEST OSHKOSH EXPANSION AREA, DESIGNATION OF BOUNDARIES AND APPROVAL OF PROJECT PLAN – City of Oshkosh, applicant Please see TID No. 44 Project Plan link for more detailed information: https://www.oshkoshwi.gov/WebLink/DocView.aspx?id=1182208&dbid=0&repo=Laserfiche Mr. Lyons presented. This is a City initiated Tax Incremental District (TID). An overview of the TID area, why it was created, and potential projects will be discussed. The TID is a proposed mixed-use district comprised of approximately 392 acres located in the northwest portion of the City. Mixed use TIDs are the only ones that allow newly platted residential within the boundary area. We have to make sure that 50% of the TID area is suitable for mixed use development. Current uses in the district include: single-family residential, commercial, industrial and multifamily residential. Establishment of the district will allow for the extension of necessary public infrastructure. Without the extension of the public infrastructure, it is unlikely the area within the district would develop to its full potential, generally including the areas east and west of US HWY 45 between __________________________________ Plan Commission Minutes 6 August 6, 2024 Interstate 41 and Ryf Road interchanges. The District will be created to pay the costs of public infrastructure improvements needed to allow for full development of areas within the District. The City anticipates making total expenditures of approximately $44.8 million to undertake projects identified in the Project Plan. Project costs include an estimated $18.6 million in “pay as you go” development incentives, an estimated $16.9 million for public infrastructure, and an estimated $314,000 in administrative costs. Identified public infrastructure projects include: County Road Y water main loop, sanitary sewer and water main relays, potential new 36’ wide concrete street (Sterns Drive), 10’ pedestrian trail, 5’ public sidewalks from Wiouwash Trail to Slew Bridge and Ryf Road to Lake Butte des Morts Development. In addition to the public infrastructure projects, development incentives may be considered only for projects that can demonstrate a verifiable gap. The City is projecting an improvement value of approximately $162 million, which results from activity within the District. The TID has a life expectancy of 20 years. That is the statutory maximum for a mixed use TID. The 2040 Comprehensive Land Use Plans identifies this area for mixed-use, low density residential, medium and high density residential, industrial and general commercial. The project is consistent with recommendations within the Comprehensive Plan. The area to the north and west of the district is one of the City’s residential growth areas. Staff recommends approval of the Project Plan and Boundaries for TID #44 as proposed. Todd Taves, the Senior Municipal Advisor for Ehlers Inc, was available to answer questions. He assisted with the preparation of the boundary and the project plan. Mr. Lyons opened up technical questions to staff. Ms. Propp questioned why this area, since it is not blight. Mr. Lyons stated in the past they have used blight as a TID district, but in this instance it is a mixed use TID that is underserved with utilities. That is an acceptable use in state statutes. We want to promote development in this area by expanding utilities. This would be the City’s first mixed use TID. We have done blight, conservation, rehab, and industrial ones. Ms. Propp asked if this is being done specifically for the purpose of the new apartment development on Lake Butte des Morts. Mr. Lyons stated it is not. The new apartment development will generate increment in the district to help pay for the infrastructure improvements. Mr. Nichols wanted clarification on what Plan Commission is voting on. He thought it was whether or not this is consistent with the plan, not whether or not it is a good idea. __________________________________ Plan Commission Minutes 7 August 6, 2024 Mr. Lyons stated correct, consistency with the Comprehensive Plan. It takes three entities to approve a TID, and all three have to approve it before it can move forward: Plan Commission, Common Council, and Joint Review Board (JRB). Mr. Nichols wondered if there are elements of the infrastructure that directly relate to the new development that is already scheduled to be in that area, or that are necessary for them to build. Mr. Lyons stated that if you are talking specifically about the apartments on Lake Butte des Morts, I don’t believe so. What was identified in this plan is the County Road Y watermain loop, the sanitary on Sterns Drive, and then potential pedestrian improvements. If the developer wants to seek development incentives, they would have to come to Council, prove a but for, and Council would have to make that decision separately. Mr. Nichols wondered what practical effect this would have on property owners within this district. Mr. Lyons stated if you live within the district, essentially whatever your tax rate is today gets frozen, and remains the same, as far as increment goes. If property is developed, that additional added value/increment is captured within the TID and is used to pay for the infrastructure. Mr. Nichols wondered if the addition of the infrastructure would improve the value of the properties within the TID. Mr. Lyons stated potentially it could. Mr. Taves stated the reality is the infrastructure is a prerequisite to allow future development to happen. Mr. Bowen asked about the timeline of the proposed infrastructure improvements. Mr. Lyons stated the items listed in the project plan, do not have to take place in exactly that order, or even at all in some cases. It depends on how the development takes place in the area. Amendments to the project plan may be needed in the future. Mr. Kiefer mentioned the Oshkosh Avenue TID and how some improvements were made immediately, and other things were waiting until the increment was enough that they could afford to proceed. He wondered if the City would be borrowing money for TID 44. Mr. Lyons stated the TID would be looking to borrow for some of the very first level/phase improvements: sanitary extension and water main. That is why there are financing costs listed in the project plan. Mr. Kiefer stated the staff report is accepted as part of the record. Mr. Kiefer opened the public hearing and asked if any members of the public wished to speak. __________________________________ Plan Commission Minutes 8 August 6, 2024 Josh Carter, of 2625 Ryf Road in Oshkosh, wanted some clarification. He wondered if he would be forced to connect to City utilities. Mr. Lyons stated if your private well would fail, and you are in the City, then you would have to connect and deferred to Mr. Gierach for clarification. Mr. Gierach stated Oshkosh residents are not required to hook up to City water. Sanitary sewer, if it is available in front of your house, you are required to. You are allowed to use your well, as long as it is available. You have to run the water service into your basement, and then your well would get metered for sewer charges. Sewer is required to be hooked up within one year of service being available. Water you do not have to hook up, as long as you have a permitted well on site. Mr. Lyons stated the TID is not installing any new sewer along Ryf Road. The only new sewer is over by Sterns Drive Emily Paulick, of 3818, 3855 and 3865 Glenview Lane in Oshkosh, stated she owns the chunk of land where the green sanitary line on the TID map shows. She wants clarification to what that means, because she owns 62 acres. Mr. Lyons stated just because there is a green line, it does not mean that that’s exactly where it will go. There will need to be a conversation between you and the City. Ms. Paulick wondered, as the property owner, do they have the right to refuse. Mr. Lyons stated yes & Mr. Gierach confirmed. Jim Erdman, of 2492 Hickory Lane in Oshkosh, and also chairs the Town of Oshkosh Board. He stated he has been fielding a lot of calls regarding this. He wondered if the City is changing the Comprehensive Plan to mixed-use. Mr. Lyons stated there is no change to the Comprehensive Plan. The TID style is mixed use, and it is only within the City of Oshkosh areas. There are no land use or zone changes proposed. Mr. Erdman wondered if any residential areas would be changing to commercial or industrial. Mr. Lyons stated no, the Comp. Plan will remain in effect. Mr. Erdman made some comments regarding the apartments being built in the area. Mr. Lyons stated conservatively the estimate for the anticipated contributory value, once development takes place, is one hundred and sixty-two million for the entire district. Mr. Erdman talked about the additional funds generated from new construction being used to pay off the infrastructure costs. He also talked about the taxes and the general fund. __________________________________ Plan Commission Minutes 9 August 6, 2024 Mr. Lyons stated the JRB exists so the School District, County, and Tech School can all weigh in on this proposed TID. They all have to agree to move this forward, or else it will not. Mr. Kiefer closed the public hearing. There was no closing statement from the applicant, the City of Oshkosh. Motion by Propp to adopt the findings and recommendation as stated in the staff report. Seconded by Davey. Mr. Kiefer asked if there was any discussion on the motion. Mr. Nichols stated we know this is the first stage of the process for a TID. If people have concerns about whether or not the TID should exist, they should come to Council (on 8/27), and JRB (on 9/5). Mr. Lyons stated the JRB will meet on September 5th at 8am. If people have concerns they should contact their County Representative and School Board, before 9/5, so they have that information before they vote. Motion carried 5-0. PLANNING DIRECTORS REPORT • DISCUSS PC MEMBER UPDATE AND ATTENDANCE Mr. Lyons stated Mr. Ulrich resigned from Plan Commission. That brings us down to eight members. Plan Commission is a nine member board with two alternates. We currently have three openings, one full member and two alternate seats. If you know of anyone who would be interested, who lives in the city, please encourage them to apply. It would be nice to get back up to eleven members so we do not run into issues where we have to cancel a meeting due to lack of a quorum. A quorum is five members, and we had five tonight and five the last meeting. Mr. Kiefer stated we meet twice a month, 1st and 3rd Tuesdays, at 4pm. No experience is required. There being no further business, the meeting adjourned at 5:01 pm. (Davey/Propp) Two workshops followed the meeting. Respectfully Submitted, Mark Lyons Planning Services Manager ML/km