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HomeMy WebLinkAboutMinutes__________________________________ Plan Commission Minutes 1 November 19, 2024 PLAN COMMISSION MINUTES November 19, 2024 PRESENT: Ed Bowen, Meredith Scheuermann, Kathleen Propp, Joshua Belville, Margy Davey, Karl Loewenstein, John Kiefer, Thomas Perry EXCUSED: Council Member Nichols STAFF: Kelly Nieforth, Community Development Director; Steve Gohde, Assistant Director of Public Works/Utilities General Manager; Justin Gierach, Engineering Division Manager; Brian Slusarek, Principal Planner; Brandon Nielsen, Associate Planner; Jeff Nau, Planner; Katrina Malson, Office Assistant Chairperson Perry called the meeting to order at 4:00 pm at the Oshkosh Seniors Center in the Oasis Room. Roll call was taken and a quorum declared present. Mr. Loewenstein and Ms. Davey arrived at 4:03pm. The minutes of October 15, 2024 were approved as presented. (Bowen/Kiefer) Items I and II were presented together with discussion after. I. GENERAL DEVELOPMENT PLAN AND SPECIFIC IMPLEMENTATION PLAN FOR NEW CLEARWELLS AT 425 LAKE SHORE DRIVE Site Inspections Report: Mr. Bowen, Ms. Scheuermann, Ms. Propp, Mr. Belville, Ms. Davey, Mr. Loewenstein, and Mr. Kiefer reported visiting the site. Staff report accepted as part of the record. The applicant requests approval of a General Development Plan (GDP) and Specific Implementation Plan (SIP) for new clearwells. 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 the City's water filtration plant. It has frontage on Lake Shore Drive, Washington Avenue, Linde Street and Merritt Avenue. The applicant is proposing to replace three existing clearwells on the site due to their age and condition. The property has served as the location for water supply and treatment facilities since the late 1800s and it will continue to be used to supply water to the city during the following construction of the clearwells. __________________________________ Plan Commission Minutes 2 November 19, 2024 A Plan Commission workshop was held in October of this year. There was discussion primarily related to street frontage landscaping, specifically along Lakeshore Drive, where future improvements are anticipated. Plan Commission was supportive of the proposed clearwell exterior design. A neighborhood meeting was held on October 30, 2024. Neighbors in attendance voiced questions/concerns regarding grade elevation of the new structures, construction traffic and work hours, fencing, exterior materials, and changes to the landscaping and walking paths related to the future Reimagination of Lake Shore Drive project. The proposed project will include the following major components: Demolition of three buried clearwells. Construction of two new at-grade, cast-in-place concrete reservoirs within the former clearwell footprints. Construction of a new intermediate and high lift pump station to fill the new reservoirs and convey potable water to City Water Utility customers. Replacement of two existing emergency generators with two new generators, new electrical switchgear, transformers, and automatic transfer switches. Five additional on-site parking stalls. Sitework, buried yard piping and utilities, access roads, landscaping, and security fencing. The applicant is requesting Base Standard Modifications (BSMs) for reduced front yard setback along Washington Avenue and reduced street-side setback along Lake Shore Drive. According to the applicant, the reduced front yard and street side setback are needed as the applicant will be utilizing the foundations of the existing clearwells. The applicant also notes that increasing the setbacks of the clearwell structures would result in the need for taller structures to provided required storage volume. Based on community input, the reservoirs should be as short as possible. Staff is supportive of the setback reductions as the existing site footprint is being utilized and it will provide the most efficient and functional use of the property. The site will be surrounded by 6’ tall decorative security fencing. A BSM is needed for the proposed fencing as fencing in front yard areas is limited to a maximum height of 4’ in the Institutional (I) district. According to the applicant, the 6’ security fencing is needed to provide security for the site. Staff is supportive of the BSM for increased front yard fencing height due to the use of the property which has a need for perimeter security. The applicant has submitted a photometric plan for the site. The plan includes existing 25’ light poles, which exceed the maximum light fixture height of 23’ for the I district. Staff is recommending a BSM to allow the existing 25’ light poles to remain as the existing poles/fixtures will provide needed lighting for the site. Lighting levels at the right of way are within the maximum level of 1.0-foot candles with the exception of the area near the entrance gate along Lake Shore Drive. Staff is supportive of a BSM to allow the increased lighting level to 5.6-foot candles along the east property line as it is needed for the existing light fixtures to illuminate the gate entrance for surveillance camera operation and security intercom call boxes. This should not have adverse impacts on the surrounding area as it is on the eastern side of the site and does not face residences or businesses. __________________________________ Plan Commission Minutes 3 November 19, 2024 In regards to the landscape plan, it is meeting building foundation landscaping requirements as well as paved area requirements. For street frontage landscaping the point requirement is not being met along Washington Avenue, Lake Shore Drive, and Merritt Avenue. The total requirement is being met along Linde Street, but the medium tree foot requirement is not being met along Linde Street. According to the applicant, site difficulties related to structures and pavements, utilities, security fencing, and open space allocated for future facility expansion limit the ability to meet street frontage landscaping requirements. Staff is supportive of a BSM to allow reduced street frontage landscaping. If the applicant has limited available area to place the required landscaping, also the unique configuration with four frontages results in difficulties meeting street frontage plan requirements. They are exceeding yard landscaping point requirements and that serves to offset their reduction in street frontages. For building facades, the exterior design is subject to public building review and will be addressed under the subsequent item. Overall, the applicant's request for the BSMs related to reduce setbacks, reduce front yard fence heights, existing lighting, and reduce street frontage landscaping. To offset the request the applicant has exceeded the total landscaping point requirement by 10%, and also provide a decorative perimeter fencing for a more attractive appearance than other types of security fencing. Staff recommends approval of the GDP and SIP with the findings and conditions listed in the staff report. Mr. Perry opened up technical questions to staff. Ms. Davey had questions about if landscaping and fencing plans would be coming back to Plan Commission. Mr. Slusarek and Ms. Nieforth discussed the process. Mr. Perry opened public comment and asked if the applicant wanted to make any statements. Linda Moore, Project Manager for Jacobs Engineering Group, stated she does not have additional technical remarks to share with the Plan Commission since we last presented information about this project at the October 15th meeting. She has been coordinating and responding to review comments from the city on the site plan review process and from the DNR. She discussed Reimagination of Lake Shore Drive project, and the decorate precast concrete panels that are on the reservoirs and the pump station. Mr. Gohde stated the rendering image on the Power Point, of the sturgeon and rice, is not the latest one. We'll see if we can get that pulled up here momentarily. This construction project is two to three years long. We need to get it under construction and that'll allow us that window to really complete the Lake Shore Drive re-imagination and then construct that at the completion of the clearwell tank and ozone replacement project. __________________________________ Plan Commission Minutes 4 November 19, 2024 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 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. Propp stated she thinks an excellent job has been done working it to this point and it's time to move forward. Motion carried 8-0. II. ARCHITECTURAL BUILDING PLAN REVIEW FOR NEW CLEARWELL AND PUMP STATION BUILDINGS AT 425 LAKE SHORE DRIVE Site Inspections Report: Mr. Bowen, Ms. Scheuermann, Ms. Propp, Mr. Belville, Ms. Davey, Mr. Loewenstein, and Mr. Kiefer reported visiting the site. Staff report accepted as part of the record. The applicant is requesting an architectural building plan review for construction of clearwell and pump station buildings. 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 same site as Item I. Architectural building plan review is required for the two clearwell reservoir buildings and pump station building. The architectural exterior finishes for the reservoirs and pump station include quarry stone patterned concrete, brick, split-face CMU, and precast decorative panels. The pump station also includes glass block windows and tube steel roof trusses supporting a metal roof deck. The applicant notes that these materials were selected to match existing structures and facilities on site, with the exception of the decorative precast panels which are an aesthetic enhancement resulting from the work of the Project Ad Hoc Aesthetic Committee. The plans were shown at a Plan Commission workshop on October 15, 2024. Plan Commission voiced support for the proposed building designs. The plans were brought to a neighborhood meeting on October 30, 2024. Neighbors in attendance were generally supportive of the proposed building designs. __________________________________ Plan Commission Minutes 5 November 19, 2024 Staff believes that the structures will be harmonious with the intended character of the public utility site. Sufficient façade articulation will be provided and the proposed structures are consistent in style and materials to similar public buildings in the city. The proposed decorative precast panels also serve to enhance the aesthetics of the buildings. Staff recommends approval of the architectural design of the pump station and clearwell reservoir buildings as proposed. 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. Beth Wyman, of 1373 Waugoo Avenue, and owner of The Waters, stated I'm finding it interesting that for most building projects there is a required landscape plan that is needed in order to approve it. I want to know how you're going to ensure that there is a proper landscaping plan. When I look at the reduced setbacks, we have a big white building and all of a sudden we're up against a lot of brick. I understand the setbacks, I understand the project, but I'm disappointed in that there isn't something for some green space on Washington Avenue. I'm looking at this view and you're saying that this isn't the final rendering of the landscaping, but those are bushes, that is not landscaping. Those are bushes that I could go to Steins and plant. I'm very concerned that we are going to get a lot of brick, a lot of mortar, a lot of steel and a lot of glass block and there isn't going to be anything to soften the blow of what we're going to see. Mr. Perry closed public comment. Mr. Perry asked if the owner or applicant wanted to make a final statement. Mr. Gohde referred to the Power Point on the screen. This is the rendering that was meant to be included in the Plan Commission packet where you can see where we have the varying versions of the sturgeon with the smaller to the left, the pear and the larger to the right with the wild rice on the end. The wild rice motif highlighted on the center of the pumping station, and then the bottom diagram is the larger of the clearwell showing how that pattern is set to repeat somewhat over the top of those items. This is the architectural review that we are asking for approval for this evening. Mr. Perry reopened public comment due to new information and asked if any members of the public wished to speak. Mr. Perry closed public comment. Motion by Propp to adopt the findings and recommendation as stated in the staff report. Seconded by Kiefer. __________________________________ Plan Commission Minutes 6 November 19, 2024 Mr. Perry asked if there was any discussion on the motion. Ms. Davey stated what we've just seen here, that was supposed to be in the packet, is one of two that we had been shown at our workshop. She wondered how that decision was made. Mr. Gohde stated that was based on the feedback from the Plan Commission. There was not an overwhelming support at the public meeting that we had for either of them, but this one did have more favorable opinion than the other version of the two that we had shown you when we held the public meeting. That was how we settled on moving forward with this. Ms. Propp stated she liked the picture. Motion carried 8-0. III. PUBLIC HEARING: CONDITIONAL USE PERMIT REQUEST FOR A TEMPORARY USE PERMIT EXTENSION FOR NEW CLEARWELLS CONSTRUCTION STAGING AT PROPERTY LOCATED ON THE EAST SIDE OF THE 400 BLOCK OF LAKE SHORE DRIVE (PARCEL 1100950200) Site Inspections Report: Mr. Bowen, Ms. Scheuermann, Ms. Propp, Mr. Belville, Ms. Davey, Mr. Loewenstein, and Mr. Kiefer reported visiting the site. Staff report accepted as part of the record. The applicant is requesting a Conditional Use Permit (CUP) to extend a temporary use permit for outdoor equipment storage. 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 directly across the street, to the east, of the water filtration site on the east side of Lake Shore Drive. It is a 1.04-acre City-owned property with frontage on Lake Shore Drive as well as Lake Winnebago. The property is zoned Institutional (I) and includes public parking and open-space area. The applicant is planning to use Lake Shore Drive and a portion of the abutting City-owned property to the east (subject site) for temporary construction contractor staging, construction materials storage, contractors’ field offices, contractor employee parking, and construction work area adjacent to the water filtration plant during the proposed Clearwells Replacement Project. Use of the subject site for staging of vehicles/equipment/trailers requires a temporary use permit (TUP), which is limited to 90 days per calendar year, but may be extended in duration through the conditional use process. The applicant is requesting a CUP to allow for the TUP to be extended as the staging area is anticipated to be utilized from spring 2025 through spring 2028. __________________________________ Plan Commission Minutes 7 November 19, 2024 Staff is supportive of the TUP extension as the use of this staging area is necessary for the City Clearwell project to be completed. Staff is recommending conditions that the TUP expire on June 30, 2028 and the area be returned to pre-use conditions including repair of any damaged lawn areas. Staff recommends approval of the proposed CUP with the findings and conditions listed in the staff report. Mr. Perry opened up technical questions to staff. Mr. Bowen wondered about the staging area and how much it would be impacted physically. Mr. Gohde stated for staging, what we're proposing is to primarily utilize that surface to put storage on, put the job trailers on, so the contractor has a hard surface to be on, and make less of a mess. Certainly, it is going to get very beat up over the course of construction with heavy equipment and other things being on there. There could be portions of it, certainly as we need to excavate through we're putting in utilities, that get tore up and have to be patched back in. The intent is to use it as a working surface. We are going to maintain that shoreline open so that people could walk along the shoreline, at least on the grass, if they want, with the exception of when the storm sewer outfall is being installed. Mr. Bowen wondered if there will be availability to use the shoreline, and ability for traffic to circulate during the process. Mr. Gohde stated that during construction, it's going to be closed to all non-construction. People will be able to get down the sidewalk on the south side of Washington Avenue to the lake shore. The fence will be off the shoreline a bit so that people could walk the grass. It's not going to be an ADA-accessible route or anything by any means, but if people want to get along the shoreline, they would have that ability. We want to have the fence up to keep the construction confined so there is less impact to some of the grass and trees that are in that area. Mr. Perry opened the public hearing and asked if the applicant wished to make a statement. Linda Moore, Project Manager for Jacobs Engineering Group, stated the design team does not have additional technical information, but she’d be happy to answer questions about how this area will be used during construction. Mr. Perry 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 Propp to adopt the findings and recommendation as stated in the staff report. __________________________________ Plan Commission Minutes 8 November 19, 2024 Seconded by Scheuermann. Mr. Perry asked if there was any discussion on the motion. Ms. Propp stated that the obvious beating up of Lake Shore Drive with all this staging equipment and big equipment, it's just going to lend itself well to re-envisioning Lake Shore Drive in the kind of way that I think the neighbors would like to see. Mr. Perry stated while he is disappointed that ADA access may be limited, I think that would probably be minor compared to the overall scope of the project. Motion carried 8-0. IV. PUBLIC HEARING: CONDITIONAL USE PERMIT AMENDMENT REQUEST FOR A SECOND-FLOOR BAR AND PATIO ADDITION AT 701 NORTH MAIN STREET Site Inspections Report: Mr. Bowen, Ms. Scheuermann, Ms. Propp, Mr. Belville, and Ms. Davey reported visiting the site. Staff report accepted as part of the record. The applicant is requesting a Conditional Use Permit Amendment for a second-floor bar and patio addition. Mr. Slusarek presented the items and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. It is the Mabel Murphy’s tavern, which was rebuilt in 2020, and associated patio and parking area to the north side of it. The Conditional Use Permit (CUP) approved in 2020 was for a 15’ X 72’ patio area on the north side of the building, including a 34’ X 8’ enclosed patio area attached to the building. The applicant is now proposing a second-floor addition to the bar that will include a patio area. The patio area is considered outdoor commercial entertainment, which is a conditional use in the UMU district. Therefore, a CUP Amendment is required to allow the second-floor patio area. No changes are proposed to the existing footprint of the site as the only modifications are for a second-floor addition. No additional parking is required as the property is located within the Parking Requirement Exemption Overlay. No additional landscaping is required and no changes are being made to the footprint of the site. The proposed building addition will be constructed of EIFS and glazing. The existing building and addition combined will comply with the commercial building design requirement of 50% Class I materials per façade. __________________________________ Plan Commission Minutes 9 November 19, 2024 Staff recommends approval of the CUP Amendment as proposed with the findings listed in the staff report. Mr. Perry opened up technical questions to staff. Ms. Scheuermann wondered if the exemption for the parking is because it was grandfathered in because of the fire back in the day. Mr. Slusarek stated in the zoning ordinance, we have exemptions for properties within the Central Mixed Use (CMU) District and also other areas where we feel that there is sufficient on-street parking. We have an exemption overlay where those sites do not need to have parking, such as further north on Main Street than the CMU district, and also parts of Oregon Street. We do have areas that do not require parking based on the surrounding area having on-street parking. Ms. Scheuermann wondered even if you go up in capacity, the determination is that there is sufficient parking around there Mr. Slusarek stated being a commercial use, it's exempt. Only residential uses require, I believe, one stall per unit in that area. Mr. Perry opened the public hearing and asked if the applicant wanted to make any statements. Sean Felker, of 2470 Arcadia Avenue, stated as far as the parking goes, we're not increasing the occupancy at all. We're just basically spreading out the clientele that we already have there. He also made himself available for any questions. 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 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. Bowen wondered if this will be required to go through site plan review. Mr. Slusarek stated yes. Things that are outside of our purview will be dealt with at that point. Mr. Belville had a question for the owner about why the second floor has a different exterior look than the first floor. __________________________________ Plan Commission Minutes 10 November 19, 2024 Mr. Felker stated I was trying to make it more noticeable. The brick on the top would not have looked as good. Just trying to separate the two different bars. When you're going down the street, you can see it, that there's a patio bar up there. Ms. Davey stated I really like the way it looks. I was recently in another city that has a large central plaza, and they had several buildings that looked like this with outdoor bars, so I think it's moving us forward. Motion carried 8-0. V. PUBLIC HEARING: PETITION FOR DIRECT ANNEXATION BY UNANIMOUS APPROVAL – KROMM ANNEXATION FROM THE TOWN OF OSHKOSH, 4434 ISLAND VIEW DRIVE, PARCEL 01805930000 Site Inspections Report: Ms. Davey reported visiting the site. Staff report accepted as part of the record. Christine Kromm is requesting direct annexation (by unanimous approval) of approximately 0.368 acres of land located at 4434 Island View Drive in the Town of Oshkosh. 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 property is located on the east side of Island View Drive approximately 400 feet south of Sunnyview Road and fronts the west shoreline of Lake Winnebago. The property contains a single-family house with attached 2-car garage. The petitioner is requesting to annex to enable a connection to City water. The existing well serving the house has failed and the owner has chosen to annex to the city versus constructing a replacement well. The Common Council approved an Annexation Agreement (Res. 24-534) which allowed the owner to connect to City water prior to officially annexing to the City to shorten the delay of restoring water to her house. The agreement stipulates that the owner will follow through with the annexation after connecting to City water. The house is currently connected to sanitary sewer owned by the Island View Sanitary District. The property currently has a Town of Oshkosh Rural Residential District (R-1). The surrounding area is almost exclusively single-family in nature. The property will be annexed with temporary and permanent zonings of Single Family Residential-5 (SR-5), which is consistent with the adjacent City zoning and Comprehensive Plan’s Light Density Residential land use recommendation. The proposed annexation meets Wisconsin’s statutory requirements for unanimous annexations. The property is adjacent to the City to the north and south, and will eliminate a town island. The State of Wisconsin Department of Administration’s Municipal Boundary Review has reviewed the petition and found the annexation to be in the public interest. __________________________________ Plan Commission Minutes 11 November 19, 2024 The Department of Public Works has reviewed the request and reported that the City water main is available along Island View Drive. As I recall, I believe the petitioner has obtained plumbing permits to hook up to the water already. The Oshkosh Fire and Police Departments have reviewed the annexation request and do not have any concerns with providing services to this property. Staff recommends approval of the Kromm Annexation with temporary and permanent zonings of Single-Family Residential-5 (SR-5) as requested. 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 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. Motion carried 8-0. VI. RESIDENTIAL DESIGN STANDARDS VARIANCE TO ALLOW WINDOW AND DOOR AREA CLOSURES ON THE FRONT FAÇADE AT 1120 OLSON AVENUE Site Inspections Report: Ms. Propp and Ms. Davey reported visiting the site. Staff report accepted as part of the record. The applicant is requesting approval of a variance from the City’s Residential Design Standards to allow window and door area closures on the front façade at 1120 Olson Avenue. Mr. Nielsen 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 residential lot located at 1120 Olson Avenue and is approximately 0.41 acres in area. According to the City of Oshkosh Assessor website, the property contains a 1,680 square foot ranch style home that was built in 1964. The homes surrounding the subject property appear to be very alike in character, all being single-story ranch homes with an attached garage. The subject property and the surrounding properties are zoned Single Family Residential (SR-3). __________________________________ Plan Commission Minutes 12 November 19, 2024 On September 13th, 2024 the applicant submitted a permit application for an interior remodel to convert an existing breezeway into a new laundry room and half bath. The permit description also explained the intent to close an existing door and window on the front façade that were part of said breezeway. At this time the applicant was made aware that a Design Standards Variance (DSV) would be needed in order to close the window and door on the front façade. The applicant proceeded to submit a DSV application. Within their application, the applicant submitted two front facade drawings, the top one showing the current facade and the bottom one showing the breezeway window and door being removed with a transom window kind of more towards the roof. The applicant is requesting to close one window and one door on the front façade at the subject property. The applicant also plans to install one new transom window in this same area. The calculations show that they had approximately 145 square feet of window and door area. With the transom window, with the removal of the two items, and the addition of the transom window, they're going to be at 124 square feet for a total of a 14.5% reduction in window and door area. The applicant provided all necessary dimensions for the current front façade and the proposed front façade; and this helped staff during the DSV process. Staff evaluated the proposed changes to the front façade and the impact on the design of the home in regards to the purpose and intent of the residential design standards. The standards relate to preserving the home’s architectural integrity, the potential impact on adjacent properties, the neighborhood character, and “curb appeal” of the block. Staff recommends approval of a variance from the City’s Residential Design Standards to allow for window and door closures on the front façade with the following conditions and finding: Mr. Perry opened up technical questions to staff. Mr. Loewenstein wondered how old this regulation that says you can't remove doors and windows from the front of your house is. Mr. Nielsen stated 2013. 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 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. __________________________________ Plan Commission Minutes 13 November 19, 2024 Mr. Bowen stated I think we can all agree that it's a heck of a lot easier to approve a slight increase over our maximum than it is to have to deny work that's already been done. I appreciate it when people go through the process properly, instead of when people come here asking for sort of an exemption for work that they already did. Motion carried 8-0. VII. SUBDIVISION VARIANCE REQUESTS FOR PROPERTY LOCATED AT 1219 WITZEL AVENUE AND VACANT LOT ON MASON STREET (PARCEL 0607850100) Site Inspections Report: Ms. Scheuermann reported visiting the site. Staff report accepted as part of the record. The applicant is applying for two variances from the subdivision regulations. The first, to allow the creation of a non-corner lot with two right-of-way frontages whereas Section 30-444(H)(2) states: Double Frontage and Reversed Frontage Lots shall be prohibited. The second request is to allow creation of an irregular-shaped lot whereas Section 30-444(H) states: The size, shape, and orientation of lots shall be appropriate for the location of the subdivision and for the type of development and use contemplated. 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 first lot, located at 1219 Witzel Avenue, is a 53-foot by 185.2-foot, 9,816 square foot (0.225 acre) lot containing a single-family house with deck and detached single car garage. The second lot which is 52.2 feet by 53 feet, 2,767 square feet (0.064 acres) is located off of Mason Street, 133 feet south of Witzel Avenue. The second lot is undeveloped besides for a paved driveway which leads to the back of the Witzel Avenue property. Both lots are owned by Corey Dixon, son of the applicant. According to City records, both lots have been under the same ownership for at least the last 35 years. The purpose of the proposed lot combination is to eliminate the common lot line, make the driveway off of Mason Street conforming by not crossing a lot line, and to simplify finances by having one lot instead of two. The driveway off of Mason Street was legally established as a building permit was issued for its construction in 1993. The detached garage at 1219 Witzel Avenue does have overhead doors on both the north and south sides making access into the garage possible from Mason Street. It can be argued that there is no reason to combine the lots and leave it as it is. However, combining the lots will eliminate the City issuing two separate tax bills for something functioning as a single property. Due to the Mason Street lot’s small size, it is essentially not developable for a house without several dimensional and bulk standard variances. That possible scenario itself would do greater harm to the neighborhood by potentially having a new house that will look __________________________________ Plan Commission Minutes 14 November 19, 2024 completely out of place with the rest of the neighborhood. There is no potential use for the lot other than what it is being used for now. Regarding the creation of an irregular-shaped lot, the lots have been used as if it were a single irregular-shaped lot since at least the early 1990s. The desire for similarly shaped uniform lots is for efficiency, consistency, and reduce lot line conflicts among property owners. The Mason Street lot could be offered to the owner of 1223 Witzel Avenue and recombined into the original platted lot but all parties would need to be agreeable to that which could never happen. Staff is of the opinion that the combination of the two lots will not adversely affect the neighborhood. The existing condition has been in place for several decades and nothing will change except for the elimination of a lot line. Based on this, staff is supportive of the two subdivision variance requests. Staff recommends approval of the Subdivision Regulations Variance to allow the creation of a double fronted lot and creation of an irregular-shaped lot. Mr. Perry opened up technical questions to staff. Mr. Loewenstein wondered if there are other lots like this in the city. Mr. Nau stated unfortunately, yes, lots of them. 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 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. Motion carried 8-0. VIII. DETERMINE NECESSITY TO ACQUIRE AND APPROVE PARTIAL LAND ACQUISITIONS AT 3277 AND 3290 MEADOWBROOK ROAD Site Inspections Report: Ms. Scheuermann reported visiting the site. __________________________________ Plan Commission Minutes 15 November 19, 2024 Staff report accepted as part of the record. The City of Oshkosh Department of Public Works is requesting approval to acquire portions of two properties between the east and west termini of Meadowbrook Road. 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 two properties located between two road segments of Meadowbrook Road. The purpose of this land acquisition is to connect both sections of Meadowbrook Road to make a through street. The street extension of Meadowbrook Road was first identified on Certified Survey Map number 492 recorded in 1978 which reserved the south 33-foot portion of 3290 Meadowbrook Road for street purposes. In 2005, The Second Addition to Pheasant Creek Farm Subdivision was recorded which included a segment of Meadowbrook Road purposely located where the two segments would be able to connect and provide the subdivision additional access to an arterial street (West 9th Avenue). The reason for the delay in the City taking this action is that both of these properties were in the Town of Algoma until 2023. Now that the properties are in the City, as well as lands further west, the City can now plan for extending municipal utilities and upgrade the street to City standards. The surrounding area consists of single-family uses with a platted residential subdivision to the east and a more rural-style residential development to the west. The 2040 Comprehensive Plan identifies the area suitable for light density residential development. The two proposed land acquisitions will extend the 66-foot right-of-way from the west to the west end of the east segment of Meadowbrook Road, connecting it to its 60-foot right-of-way. 3277 Meadowbrook Road will be dedicating a 33.01’ by 214.52’, 7,081 square foot area while 3290 Meadowbrook Road will be dedication a 241.75’by 33’, 7,978 square foot area. Once the land acquisitions are complete, the City will dedicate the land as public right-of-way. This will enable the City to extend the water main, sanitary sewer and storm sewer to serve former town properties along Meadowbrook Road. The street connection will also provide the subdivision an additional access to West 9th Avenue. This review and subsequent approval by the Common Council is the first step for the City to acquire these properties. The City is required to follow the acquisition process as required by state statute. Staff recommends approval of the proposed partial property acquisitions at 3277 and 3290 Meadowbrook Road as requested. Mr. Perry opened up technical questions to staff. Mr. Kiefer asked if the existing road is narrower than what is existing off of Heidi Haven Drive. __________________________________ Plan Commission Minutes 16 November 19, 2024 Mr. Nau said that the standard in the Town at the time of it be constructed was 66-foot right-of- way. The city’s standard is 60-foot. The city’s extension would extend the 66-foot right-of-way away from the former town properties and will bump up against the 60-foot right-of-way. Mr. Loewenstein asked if this wasn’t in the Town of Algoma’s right-of-way and why they would just leave an end of a road. He asked for clarification on the right-of-way ownership. Mr. Nau said that the portions outline in blue on the map was still development while it was in the Town of Algoma in the early 60’s. Mr. Lowenstein asked why the Town didn’t finish the right-of-way and why the City is now purchasing from the property owners. Mr. Nau said that the verbiage in the CSM said that there was a roadway constructed in front of this property and that was the reason for reserving the right-of-way for future dedication purposes since the southern portion of the property was basically acting as a public street. Mr. Lowenstein said that it was never actually a public street. Mr. Nau said that is correct, because it was never dedicated. Mr. Gierach said staff doesn’t believe the Town of Algoma had a desire to dedicate that portion as public right-of-way. This process cleans the process up and actually dedicates it as public right-of- way. Mr. Bowen asked if lot 2 of the new CSM had a reservation for dedication like lot 1. Mr. Gierach said that without knowing all of the procedures that took place when this area was developed, staff does not know if the town had a reservation or if it was assumed right-of-way. Mr. Nau said that the lot 2 is unplatted so there is no instrument that would’ve showed something like that. Mr. Perry asked if this allows for a water loop, or if there is one there currently. Mr. Gierach said there is currently not a water loop, that this dedication will facilitate staff to install water and sanitary sewer to Meadowbrook Road and Linden Oaks Drive and create a loop with 9th Ave. Mr. Perry asked if any members of the public wished to speak. Mr. Gierach said that the scope of the project is to install sanitary sewer and water main facilities along Meadowbrook Road and Linden Oaks Drive. At this time, there is no intention to install city sidewalks. The ditches will remain and the street will become asphalt. __________________________________ Plan Commission Minutes 17 November 19, 2024 Daniel Binder, 3227 Meadowbrook Road; said he has been opposed to the annexation from the beginning. He states there were no records from the Register of Deeds in regards to the road in front of his house. It was discussed that Meadowbrook Road would be either a cul-de-sac or a dead-end street. When Rusch Properties wanted to put a development in, they said they didn’t like turnaround streets or cul-de-sacs because of busses and fire departments. However, they were allowed to have 9 in their development. There was a ditch on the east side of his property that needed to be there 17 years ago, but due to the development, it was removed and now there is 6 inches of water in the yard and garage every time in rains. He wants to know why there hasn’t been discussion on costs to the property owners for acquisition of part of their property. Thomas Recker, 3290 Meadowbrook Road; said he is also opposed to the annexation and the process. They moved to Meadowbrook about 12 years prior, and they had been told eventually they would be annexed into the city. He has concerns with the costs of the project for his household, which so far will be over $75,000. He said their utilities were fine, and asked why this project needs to happen at all. He also reiterated Mr. Binder’s concerns about the compensation to the homeowners. Cheryl Spaulding, 3295 Meadowbrook Road; shared that she agrees with Mr. Binder and Mr. Recker’s concerns and doesn’t understand why there is a high cost to hook-up to city utilities when it is not needed. Mr. Perry closed public comment. Mr. Perry asked if the applicant wanted to make a final statement. Ms. Nieforth said that this is a boundary agreement that the City of Oshkosh and the Town of Algoma agreed to in 2003. There are specific zones identified and there are certain dates for attachments. Zone C, which includes the subject sites in this discussion, were annexed March 1, 2023. Mr. Gierach said that the City was contacted by one or two residents on Linden Oaks Drive who had failing septic concerns. Prior to the annexation, it was not on the City’s radar to install facilities. Once staff had been notified of the potential issues, the City started programming it into the CIP to get facilities installed. Mr. Gierach said that he cannot speak on the compensation, as this is just the beginning process to determine necessity to acquire. Once that step is completed, a land acquisition consultant will be obtained by the City to coordinate the specifics between the City and the property owners. Mr. Nielsen asked Mr. Gierach if he could expand on the residents’ questions about the requirement to connect. Mr. Gierach said that municipal code does require that within one-year of municipal facilities becoming available in front of a property, the property owner is required to have their sanitary system hooked up. The water services can go into their basement and they can still use their __________________________________ Plan Commission Minutes 18 November 19, 2024 private well as long as they are being regularly tested. The costs are based on the City’s assessment policies. Motion by Propp to adopt the findings and recommendation as stated in the staff report. Seconded by Davey. Ms. Propp asked Mr. Gierach if the city is purchasing the partial land from the property owners. Mr. Gierach said that once this process is completed, the acquisition coordinator will mediate or negotiate between the city and the property owners. Ms. Scheuermann asked if this process is considered a nicety or if the City is required to do this. Ms. Nieforth said it is a requirement. Mr. Gierach said that the City is required to have the annexation take place as part of that agreement. The City is not under any obligation to install municipal facilities to parcels, and it was not a part of any plans until staff was notified of potential septic failure. Ms. Davey asked if property owners are able to opt of the municipal facilities installation. Mr. Gierach said that the municipal code would not allow that currently. Ms. Davey said this is reminiscent of the special assessments on Clairville Road. Ms. Nieforth said it is a similar situation. Ms. Davey said she understands the contract between the Town and the City, and would like to know if there are more attachments in the works. Mr. Nau said the last one is planned for March 1, 2043. Ms. Davey asked if the property owners in that area will be notified before the attachment takes place. Mr. Nau said mailings started taking place in October 2022 to inform property owners in Zone C that this attachment was going to happen. Ms. Davey asked if that means property owners knew for a few months that the attachment was happening. Mr. Nau said that is correct. Ms. Davey asked if property owners in the next zone won’t be notified until October of 2042. __________________________________ Plan Commission Minutes 19 November 19, 2024 Mr. Nau said that is when the city will notify them. These residents have all been flagged by Winnebago County to refer all zoning questions to the City. He mentioned that he does inform those he talks to in the office about the attachments. Property owners do have the option to attachment earlier, but not to opt out completely. Ms. Davey asked if property owners chose to annex earlier, if it goes to just their property or everyone’s. Mr. Nau said it does have to be a unanimous agreement. Mr. Gierach said there are two or three properties on Linden Oaks Drive that have been in the city longer than the Zone C residents. In 2009-2019, municipal facilities were installed in the first few hundred feet because those property owners asked to be attached earlier due to septic or well failures. Ms. Davey said that there is an obligation to let homeowners or builders know that this will be taking place in 2043. Staff has said they do inform those in that area who may have zoning questions, but we do not know if everyone is telling them. Mr. Nau said that those in Zones A-D have been required to get a zoning permit through the city since the agreements were done. That is a way to inform those in the area of the attachments. Mr. Kiefer said he is concerned about the costs to the property owners and potential new developers and if new developers are paying for the city services to these annexed areas. Mr. Gierach said that is correct, though the developer could pass it along to the property owners. Mr. Loewenstein asked if the purpose of this board currently is to determine if there is a necessity to acquire these partial land acquisitions. Ms. Nieforth said correct. Mr. Perry asked if there was any discussion on the motion. Motion carried 7-1 (Perry -No) There being no further business, the meeting adjourned at 5:34 pm. (Davey/Propp) One workshop followed the meeting. Respectfully Submitted, Kelly Nieforth Community Development Director KN/km/hs