HomeMy WebLinkAboutMinutesPLAN COMMISSION MINUTES
January 19, 2010
PRESENT: David Borsuk, Ed Bowen, Jeffrey Thorns, Thomas Fojtik, John Hinz, Robert Vajgrt
EXCUSED: Dennis McHugh, Kathleen Propp, Kent Monte, Donna Lohry, Karl Nollenberger
STAFF: Darryn Burich, Director of Planning Services; David Buck, Principal Planner; Steven
Gohde, Assistant Director of Public Works; Deborah Foland, Recording Secretary
Chairperson Fojtik called the meeting to order at 4:00 pm. Roll call was taken and a quorum declared
present.
The minutes of January 5, 2010 were approved as presented. (Thoms/Hinz)
Mr. Borsuk suggested that the items be rearranged on the agenda to move Items II and III relating to
the proposed TID Districts to the beginning of the agenda as Item I could be lengthy.
Mr. Hinz questioned if there were parties present for Item I as this may be inconvenient for them.
Mr. Buck stated that the owner /petitioner for Item I was present but was unaware of others.
Motion by Borsuk to move Items II and III to the beginning of the agenda.
Seconded by Thoms. Motion carried 4 -1. Ayes - Borsuk /Thoms /FojtikIVajgrt. Nays -Hinz.
II. PUBLIC HEARING ON TAX INCREMENT DISTRICT #24 SOUTH INDUSTRIAL
REDEVELOPMENT
The Department of Community Development requests approval of Tax Increment District #24 South
Industrial Redevelopment Project Plan and district boundaries. The TID is being created to further
develop the property and to promote industrial development through construction of a 150,000 square
foot industrial addition to Oshkosh Corporation's South Plant at 333 W 29 Avenue. A Project Plan
has been prepared that details the proposal and identifies the proposed boundaries.
The purpose of the industrial facility expansion is to create an E -Coat facility that is required in the
manufacture of the Family of Medium Tactical Vehicles (FMTV) for the federal government. The
total cost of the E -Coat facility is estimated at $51,500,000 of which Oshkosh Corporation is
requesting up to $5,000,000 in direct grant assistance through the creation of TID #24 and amendment
to TID #7 Southwest Industrial Park, which will act as an increment donor to TID #24.
TIF is being used in this instance as a development incentive to help offset the cost of the E -Coat
facility that enabled Oshkosh Corporation to initially be awarded the contract to construct the FMTV
that is currently under protest by a losing competitor. Oshkosh Corporation narrowly lost the award in
2003 due in part to the absence of an in -house E -Coat facility. Anticipation of obtaining state and
local incentives were included in Oshkosh Corporation's bid to manufacture the FMTV and in that
regard the State of Wisconsin is offering up to $35,000,000 in development incentives.
Plan Commission Minutes
January 19, 2010
Mr. Burich presented the item and stated that the Project Plan was mailed to the Commission members
with the staff report for review. He reviewed the site of the Oshkosh Corporation's South Plant as well
as a map of the land uses and zoning in the area. He also reviewed a site plan of the proposed
improvements for the E -Coat facility along with the project costs and sources and the estimated project
costs.
Mr. Bowen arrived at 4:05 pm.
Mr. Burich distributed a letter from Michael Harrigan of Ehlers, Inc. containing an analysis of the "but
for" test for the TID request which concluded that this project satisfies the statutory determination
requirements.
Mr. Fojtik opened the public hearing for comments.
Andy Hove, President of Oshkosh Corporation, stated that they began competition for the existing
program in January with the basis of competing to build FMTV vehicles. BAE who had currently held
the contract for these vehicles already has an E -Coat facility and Oshkosh Corporation needed to
construct such a facility to be in line with BAE's bid on the project. He further stated that Oshkosh
Corporation made every effort to present a reasonable request to the City for assistance and that this
was the first time that such a request has been made. They felt that the proposed request offered both
what the City could provide and what would meet Oshkosh Corporation's needs. Oshkosh
Corporation won the competition for the FMTV vehicles and the decision is currently in protest now,
however they feel confident that the decision will stand.
Mr. Hinz inquired if the ongoing protest had something to do with the proposed E -Coat facility.
Mr. Hove responded that it did not although it was related in some sense. The protest was upheld and
documentation was needed, but the GAO narrowly defined existing tooling as a lower risk. It is one
small sub factor in the decision and GAO is currently reevaluating the decision.
Mr. Thorns asked if Oshkosh Corporation expected to obtain additional business with the E -Coat
facility construction.
Mr. Hove replied affirmatively and further stated that the E -Coat process was much more efficient and
environmentally friendly in the painting process and provided for a more effective application of the
material which would expand the company's capability for other projects.
Elizabeth Hartman, CEO and General Counsel for Chamco, 120 Jackson Street, stated that Chamco,
the City of Oshkosh and Winnebago County have had many meetings to discuss this project and stated
that other defense contractors in other states receive assistance from state and local levels to ensure
contracts. The TIF assistance is currently the only local tool available to support this project and it will
have a positive impact on our community.
David Omachinski, 1605 Maricopa Drive, Chairman of the Board for Chamco, stated that he wanted to
encourage the approval of the establishment of the boundaries for TID #24 as this project will promote
development and positively impact the local economy. He further stated that Oshkosh Corporation
employs 4000 people in the area and also supports other businesses in Oshkosh in addition to paying
$850,000 in taxes. The creation of the TID would help Oshkosh Corporation directly retain 2000 jobs
and also effects suppliers to the company in the area. This project would lessen the negative impacts
of the recession for the area and it is the first time Oshkosh Corporation has asked for local support.
Plan Commission Minutes
January 19, 2010
Their competitors receive support from both state and local governments to assist them in obtaining
defense contracts and Chamco has reviewed TID #24 and the Amendment to TID #7 and believe both
meet statutory requirements. He encouraged the Commission to approve both of these items.
Mr. Borsuk stated that the creation of TID #24 is clearly within the goals and objectives of the
Comprehensive Plan and provides sustainable and well - paying jobs for the community.
Motion by Bowen to approve the boundaries and Project Plan for TID #24 South Industrial
Redevelopment as requested.
Seconded by Vajgrt. Motion carried 6 -0.
III. PUBLIC HEARING ON PROJECT PLAN AND ALLOCATION AMENDMENT TO
TAX INCREMENT DISTRICT #7 SOUTHWEST INDUSTRIAL PARK
The Department of Community Development requests approval of Project Plan and Allocation
Amendment to transfer (donor) positive tax increments to a newly created blighted and industrial
development TID #24 South Industrial Redevelopment (recipient). The Project Plan Amendment
document is included within the packet.
Mr. Burich presented the item and explained the necessity for the funds needed to support TID #24.
He also discussed the annual income from TID #7 Southwest Industrial Park and its ability to donate
$1,000,000 to TID #24 as well as other TID's it has donated to in the past. He explained that TID #7
has a healthy balance and the proposed donation to TID #24 would not harm the debt service or other
TID's that are supported by it.
Mr. Fojtik opened the public hearing for comments. There were no public comments.
Mr. Thorns inquired if this amendment would elongate TID #7.
Mr. Burich responded that it would not and that statutorily TID #7 would terminate in 2016.
Mr. Thorns then questioned how it impacts TID #7.
Mr. Burich replied that there would be no negative impact on TID #7 and anticipates in 2016 at the
termination of the TID, it should have a cash balance of $14,000,000 which would go back to the
taxing entities.
Mr. Fojtik commented that it conveys the incredible success of TID #7 that it could support itself as
well as assist other TIF districts.
Mr. Burich agreed and stated that it also has assisted the TID in the Marion Road project.
Mr. Bowen inquired how the donation to TID #24 compares to other TIF district assistance.
Mr. Burich responded that he did not have exact figures, but believed the donation was probably "on
par" but would look into the matter to get specific figures.
Motion by Vajgrt to approve the Project Plan and Allocation Amendment to TID # 7 as
requested.
Seconded by Borsuk. Motion carried 6 -0.
Plan Commission Minutes
January 19, 2010
L CONDITIONAL USE PERMIT/DEVELOPMENT PLAN APPROVAL FOR
ESTABLISHMENT OF A RECREATIONAL VEHICLE (RV) PARK AND CAMP
STORE AT 3911 S. WASHBURN STREET (ADJACENT TO THE FORD FESTIVAL
PARK SITE)
This is a request for approval of a CUP/PD to establish a recreational vehicle (RV) park and camp
store on property adjacent to the Ford Festival Park at the southwest corner of West Ripple Avenue
and South Washburn Street.
Mr. Buck presented the item and reviewed the site and previous uses as well as the CUP approved in
2007 for temporary use as a recreational vehicle park to be open from April through October. He also
reviewed the 2009 CUP amendment to operate the RV park all year round which was approved with
conditions that included a condition making the CUP valid only through December of 2009. Mr. Buck
also reviewed some of the improvements that were required to occur on the site, however the owner
has experienced some setbacks and not completed improvements related to the landscaping and paving
requirements. He further explained that the owner is proposing to finish the project in three phases
over the next three years with completion in the end of 2012. He also reviewed some of the
improvements complete to date, the phases to be completed in the future, and the final product in 2012.
He also commented that the Fire Department had issues with the lack of an adequate fire access, but
stated that they were willing to allow a fire lane to be installed when additional paving work is to be
done 2011 or proposed Phase II. He also commented that the Department of Public Works had
concerns with the delay of the culvert installation on Ripple Avenue as there are flooding issues in this
area and requested a condition be added that the stormwater collected near the western driveway be
pumped back onto the site rather than be pumped into public right -of -way. He commented that when
complete, the development should be an appropriate gateway site and would provide a need for the use
at this location. He added that staff was apprehensive to recommend approval as the required
improvements were not completed in the past, but that the phases of the project would allow the
improvements to be more affordable for the owner. He also reviewed the conditions placed on this
request.
Mr. Borsuk questioned if the parking stalls for the RV's were going to be paved as in the original site
plan submittal.
Mr. Buck responded that the RV stalls have been amended to allow them to be graveled stalls instead
of the originally proposed paved stalls. This is considered acceptable to staff as it is a campground for
recreational vehicle use and not a parking lot.
Mr. Borsuk asked about stormwater management to deal with both solids and velocity as he did not see
any detention ponds on the site plans.
Mr. Buck replied that most of the site was impervious and the owner was not increasing this area so he
did not believe stormwater management plans would be required. He introduces Steve Gohde,
Assistant Director of Public Works who added that since the owner was actually reducing the asphalt
area and not increasing the impervious space that the City would not require stormwater management.
He further commented that since there was not over one acre of disturbance on the site, it would not
trigger DNR conditions. He also commented that since this was a redevelopment area, different rules
apply than if it was a new development area.
Plan Commission Minutes
January 19, 2010
Mr. Borsuk then asked for explanation of the condition regarding conveying stormwater onto private
property.
Mr. Buck responded that this was added at the request of Public Works as the owner has been pumping
the stormwater collected near the western driveway on Ripple Avenue and directing it to the right -of-
way. The Department of Public Works is requesting that the stormwater be pumped onto an area on
the owner's land not the roadway.
Mr. Gohde added that there was no culvert to handle the water in the ditch on Ripple Avenue and one
needed to be installed to prevent ponding in that area and that pumping the water back onto the
property would be satisfactory until the proposed culvert was installed in 2011.
Mr. Borsuk also inquired about what type of requirements there were for dealing with sanitation issues.
Mr. Buck replied that the owner obtains permits for temporary sanitation facilities during large events
and that there were also permanent facilities on the site for use at other times. The RV's have their
own facilities and must go to a designated pump station for the disposal of their waste.
Mr. Borsuk questioned the condition to not allow the storage of unoccupied RV's and how it would
affect the concept of selling RV's on the site.
Mr. Buck responded that sales were not permitted on the site, however it would not prevent someone
from displaying a "for sale" sign in the window of an occupied and personally used RV, while staying
at the park.
Mr. Fojtik inquired if the current site design meets current fire codes.
Mr. Buck replied that it does not.
Mr. Thorns asked how many of the conditions from the original CUP in 2007 were met.
Mr. Buck responded that most of the conditions will be met in the current plans submitted within the
three -year period.
Mr. Thorns suggested that the Commission consider approving the CUP/PD request for one year only
at this time to monitor the progress that has been made and asked Mr. Buck to review the previous
conditions and determine which ones were met thus far.
Mr. Buck reviewed the original CUP/PD's 15 conditions and determined that 3 have been met.
Mr. Bowen questioned if the condition relating to citations being issued if conditions were not met was
to be considered annually or only at the proposed completion of the project in the end of 2012.
Mr. Buck replied that the condition would only be enforced at the end of 2012.
Stuart Schrottky, Fire Department Battalion Chief of Inspections, stated that he discussed completion
of the fire lane with the owner and what the code requires for said lane. The Fire Department wanted
this access lane constructed prior to opening the park 3 years ago because if a fire occurs on the site, it
could be a potentially dangerous situation if a truck could not gain sufficient access to extinguish it
before it spread to multiple RV units. After reviewing the site, it was determined that though difficult,
Plan Commission Minutes
January 19, 2010
a fire could be reached by using the existing outside lane until the fire access lane could be constructed
in 2011.
Mr. Bowen inquired if the Commission had approved any CUP/PD Developments in phases in the
past.
Mr. Burich responded that he did not recall any such approvals offhand. Mr. Buck stated that the
Lakeview Park subdivision was approved in phases. Mr. Bowen commented that the subdivision was
approved in phases; however each phase was completed before proceeding to the next phase of the
development.
Martin Schibbelhut, 1077 Meadow Lane, Fond du Lac, owner /petitioner for the project, stated that he
wished to thank City staff for working with him on this project as it was somewhat challenging being
the only campground located in the city limits. He further commented that the Commission needed to
look at what this site used to be when considering this project and what a unique destination in
Oshkosh it will become in the future. He has had some setbacks regarding development due to the fact
that Ford Festival Park did not produce the events originally scheduled and other events such as Ducks
Unlimited and EAA did not work out as planned either. He wished to make the site a useable property.
He met with Mr. Schrottky from the Fire Department on the fire lane issue and stated that the outside
lane should be adequate to support a fire truck as it supports RV's which are substantial in size and
weight. He also commented that this would be the only RV campground between Green Bay and
Milwaukee.
Mr. Borsuk questioned why the parking stalls for the RV's were not being paved to provide a dust -free
surface.
Mr. Schibbelhut replied that the current surface was compacted gravel and dust -free now as the pads
were comprised of rock and screening with grass in between and that no pavement is usually found in
camping areas of most campgrounds. He also stated that asphalt surfaces are not conducive to
supporting RV's particularly in hot weather.
Mr. Borsuk commented on the previous uses discussed and stated that any approvals were granted in
increments with the approval being only for a temporary use not a long term plan. He felt that a
campground was not the best use of the property and he did not feel that approving the item as
proposed was holding this development to the same standards as other developments and it should be
no different. He did not feel this project was sustainable and if it cannot be completed in a timely
fashion, it was not approvable.
Mr. Thorns stated that he can deal with the project being completed in phases as he understands that
there may be cash flow issues in a startup business however since conditions have not been met in
previous years, he did not want to wait three years for a review of the development. He felt the CUP
should be pulled if required improvements are not met and proposed an addition to the conditions to
review the development on an annual basis.
Mr. Burich suggested that the condition state that "The conditional use permit be valid for a period of 1
year from its initial date of Common Council approval in January 2010."
Mr. Vajgrt departed at 5:10 pm.
Plan Commission Minutes
January 19, 2010
Mr. Fojtik questioned the development phases as to what items would be required to be done in 2010
that would be reviewed in one year.
Mr. Buck replied that the only improvements required in Phase I for 2010 was installation of some
landscaping.
Mr. Thorns then suggested that the Commission may want to consider a two year period for review
instead of one.
Mr. Bowen stated that he had a difference in opinion on the matter and felt that the owner was
financing the project on good will and that the Commission would be setting a dangerous precedent by
approving such a development in phases. He stated that he would not support this request even with a
one year review.
Mr. Hinz stated that he had sympathy for the owner and felt he was looking to the future however his
track record was not good in the past. He further stated that he would like to give him another year but
he did not feel it was a business that is marketable in the current economy.
Mr. Borsuk commented that he had issues with the nonconformance to the parking code as he felt it
still should be considered a parking area.
Mr. Buck stated that the development contains two parking lots and one area of RV camping spots and
the two parking lots, with proposed phased improvements, would meet the parking code requirements.
He did not consider the RV camping spots to be a parking lot.
Mr. Thorns commented that a storage area and a parking lot were very similar and he believes in trying
to promote small business.
Mr. Bowen stated that by approving this project to be allowed to be developed in phases was not
applying standards equally to all parties as this would not be the same standards as applied to other
developments in the past. He did not feel it was acceptable to pay for the improvements as it develops.
Mr. Hinz inquired if the existing parking lots on the site currently conform to the parking code
requirements.
Mr. Buck replied that they do not.
Mr. Thorns questioned if the Plan Commission had allowed CUP's to be approved with improvements
done in phases in the past.
Mr. Buck responded no that most developments are required to meet code at the time of permit
issuance. CUP's and PD's must pull permits for and construct improvements within a 12 month
period.
Mr. Fojtik commented that two years could be a long time.
Mr. Borsuk stated that approving this request was entering dangerous territory by making new policy
by allowing developments to occur in phases. Plantings or paving have been allowed to be delayed
until weather permits but this concept could initiate a non - ending pattern for the future.
Plan Commission Minutes
January 19, 2010
Mr. Bowen stated that he could be supportive of the request if it was proposed to be completed in 2010
but not in three years.
Mr. Thorns withdrew his suggestion to add the condition to review the development after a one year
period.
Motion by Thoms to approve a conditional use permit /development plan for establishment of a
recreational vehicle park and camp store at 3911 S. Washburn Street as requested with the
following conditions:
1) All improvements as described and depicted on the plans are completed in phases as proposed
with full development of the site completed no later than December 2012 1Phase III If not
completed, the owner of the property will be subject to citation or the use of the property will
be discontinued voluntarily or by act of the City of Oshkosh.
2) No outdoor storage of unoccupied recreational vehicles or other equipment /vehicles not
associated with an active RV Park /camping use.
3) The center RV parking drive aisle must be constructed to support fire apparatus in 2011 /Phase
II.
4) Three -lane drive rumble strip and markings on South Washburn Street be adjusted to be
located on private property.
5) Prior to the installation of the culvert in 2011 /Phase II, the stormwater collected near the
western driveway on Ripple Avenue be conveyed onto private property.
Seconded by Bowen. Motion denied 5 -0.
OTHER BUSINESS
Mr. Burich commented that the Plan Commission will begin holding workshops starting next month
with general procedures.
Mr. Thorns inquired when the Implementation Report would be completed and suggested that another
joint session with both the Plan Commission and Common Council should be scheduled as he felt it
was very productive.
Mr. Burich responded that he would have to look into that matter.
There being no further business, the meeting adjourned at approximately 5:25 pm. (BowenBorsuk)
Respectfully submitted,
Darryn Burich
Director of Planning Services
Plan Commission Minutes
January 19, 2010