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HomeMy WebLinkAboutMinutes__________________________________ Plan Commission Minutes 1 June 17, 2014 PLAN COMMISSION MINUTES June 17, 2014 PRESENT:David Borsuk,Ed Bowen,Jeffrey Thoms,Thomas Fojtik,John Hinz,Steve Cummings, Kathleen Propp,Donna Lohry,Robert Vajgrt,Karl Nollenberger EXCUSED:none STAFF:Darryn Burich, Director of Planning Services;David Buck, Principal Planner;Jeffrey Nau, Associate Planner;Elizabeth Williams, Assistant Planner;Steve Gohde, Assistant Director of Public Works; Allen Davis, Director of Community Development;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 June 3, 2014 were approved as presented.(Nollenberger/Vajgrt) I.RELEASE WATER MAIN AND SANITARY SEWER EASEMENTS FOR PROPERTY ON THE EAST SIDE OF THE 2300 BLOCK OF WISCONSIN STREET The Department of Public Works is requesting the release of an approximately 22-foot wide by approximately 204-foot water main and sanitary sewer easement located within the common area of Fox Hollow Estate Condominium, on the east side of the 2300 block of Wisconsin Street. Mr. Nau presented the item and reviewed the site and surrounding area as well as the zoning and land use in said area. He discussed the history of the easement development which was exclusively for the use of the condominium development. The alternatives were discussed with the condominium association which was to remove the trees planted in the easement area for the Water Utility to perform the necessary corrections or release the easements and convey the utilities to the condo association owners. After review of both proposals, the association opted to go with the releasing of the easements making the sanitary and water main systems private and the City would no longer be responsible for continued maintenance of the existing utilities. Mr. Thoms questioned if the connection was substandard, why is it acceptable to connect to the City’s water and sanitary main. Steve Gohde, Assistant Director of Public Works,explained the details of the laterals that extend to the building and that no shut offs were installed to the buildings when constructed and in the event of a leak, it would be an issue. The City would be required to either leave the water run or shut off all water to the development and the City would have to have shut offs installed to correct the substandard situation. Mr. Thoms then questioned if there would be a problem with the water main, it would be an issue for the condominium owners to address. Mr. Gohde responded affirmatively and stated that the owners would be responsible for everything that extends out to the street. __________________________________ Plan Commission Minutes 2 June 17, 2014 Mr. Thoms also questioned if an agreement was in place to indemnify the City from responsibility for this issue. Mr. Gohde responded that he did not recall if language in the easement document addressed this issue or not. Mr. Thoms commented that there should be some language in the easement document protecting the City from any further liability if the current easement is going to be vacated. Mr. Burich stated that this issue could be researched prior to proceeding to the Common Council for action. Mr. Gohde added that it would be no different than any other water main and sanitary systems that are located in other developments in the community. Mr. Borsuk inquired why the shut offs were not installed when the development was originally constructed. Mr. Gohde responded that it may have been that the main was located very close to the buildings. Mr. Hinz arrived at 4:10 pm. Robert Cornell, 548 W. Smith Avenue, stated that he bought his condo unit in 1983 and he felt the release of the easement was a good idea. He provided some history of the project’s construction development and stated that he assumed that this easement was part of the original development plans and that the developer should have been aware of the easement location. The trees that are currently located in the easement area were planted by the developer and he questioned if the developer would have to have had knowledge about the easement location before proceeding with plantings in that area. Mr. Burich replied that the easement would have been part of the original development and the developer should have known about the easement location and the requirements that go along with it. Mr. Gohde added that the developer signed an easement agreement with the City when the condos were constructed. Mr. Burich commented that over time features such as landscaping are installed in these areas in error on occasion as no building permits are required for the installation of landscaping. Mr. Cornell stated that there was a fire hydrant located on the site at the end of this easement area and questioned if the maintenance of this hydrant will be in the care of the condo association after the release of the easement and if flushing of the hydrant would be the responsibility of the condo association. Mr. Gohde responded that if the main line is no longer property of the City, the hydrant would not be flushed by City staff and the condo association would be required to hire a contractor to perform this maintenance. Mr. Cornell stated that he still felt the release of the easements was the best option as the cost of removing the trees would be substantial. __________________________________ Plan Commission Minutes 3 June 17, 2014 Motion by Vajgrt to approve the release of water main and sanitary sewer easements within the common area of Fox Hollow Estate Condominium on the east side of the 2300 block of Wisconsin Street. Seconded by Borsuk. Mr. Thoms commented that the easement agreement document should be reviewed to ensure that the City is protected from any liability related to this issue before the release of the easement is approved. Discussion continued about the hydrant on the site and if the City Fire Department would need to access it in case of fire. Mr. Gohde indicated that as the hydrant is not located well on the site, the Fire Department would not be utilizing it if a fire occurred. Mr. Vajgrt agreed and further explained the issues with the location of the hydrant in the development. Motion carried 9-0. II.RESIDENTIAL DESIGN STANDARDS VARIANCE REQUEST TO PERMIT A PARTIAL WINDOW CLOSURE AT 2339 ASHLAND STREET The applicant/owner requests approval of a variance from the City’s Residential Design Standards to permit a window replacement that is more than 10% variation in size than the original window at 2339 Ashland Street. Ms. Williams presented the item and reviewed the site and surrounding area, land use and zoning classifications in said area. She discussed the design standards code and how it applied to this request and reviewed photos of the existing window to be replaced. She further stated that the size of the window was necessary to reduce for the installation of cabinets in the interior of the home and that thewindow would be symmetrical in size with the other existing windows on that side of the home’s elevation.The alteration would not have an adverse effect on the neighborhood character and she reviewed the findings that support the approval of this design standard variance. Motion by Nollenberger to approve the residential design standards variance to permit a partial window closure at 2339 Ashland Street with the following findings: 1.The standards do not apply to this particular project because the window replacement will be consistent with the existing windows on the side façade of the home. Seconded by Vajgrt.Motion carried 9-0. III.RESIDENTIAL DESIGN STANDARDS VARIANCE REQUEST TO PERMIT A SECOND STORY ADDITION TO THE ATTACHED GARAGE OF THE SINGLE STORY RESIDENCE LOCATED AT 6 MYRNA JANE DRIVE The applicant/owner requests approval of a variance from the City’s Residential Design Standards to permit a second story addition to the attached garage of the residence, which will be one story taller than the dominant/highest roof ridgeline of the existing structure at 6 Myrna Jane Drive. __________________________________ Plan Commission Minutes 4 June 17, 2014 Mr. Buck presented the item and reviewed the site and surrounding area as well as and land use and zoning classifications in said area. He discussed the neighborhood nature as far as the style of homes in the area and the design standards code as well as the standards and reasons to be considered when granting a variance from this code. He reviewed photos of the existing site and displayed where the addition would be placed on the garage and discussed the reasoning for the requested addition which is primarily for storage purposes. He also displayed a similar photo of another home with a similar garage addition and explained why the variance request was not being supported by staff. He reviewed the neighborhood on Myrna Jane Drive which is primarily ranch-style homes and stated that this alteration to this property was out of character for this neighborhood. He reviewed photos of the homes in this area and discussed alternatives available to the property owner for storage space and areas on the lot that could be utilized to create out buildings or accessory structures. He indicated that these alternatives were presented to the petitioners however they felt that these alternatives were to cost prohibitive. He also reviewed the findings supporting the staff’s recommendation to deny this variance request. Kimberly Oelerich, 6 Myrna Jane Drive, stated that they had a new garage floor installed last year for the purpose of this proposed addition and had discussed it with City staff earlier this year however it was not approved due to the change with the new design standards code. She further stated that she discussed it with some of their neighbors and they did not object to the proposal and this option was less expensive than other alternate additions. She has her deceased mother’s belongings in storage at this time as she cannot bring it home as they do not have any place to store it. She reiterated that her adjacent neighbors do not have an issue with it and they could add windows on the side by the house if it would make the proposal more acceptable. They would have done the addition to the garage last year if they had known that the code requirements would be changing that is preventing them from doing it now. All the houses in the neighborhood are side by side as far as the layout of the homes and garages and she felt it was going to look unusual to build out or up on their current property. They also have a lot of mature trees on their property that would be lost if they chose to build out rather than add the addition to the garage. She further stated that they were open to making adjustments to their plans if necessary to receive approval of the variance and she obtained signatures from some of the neighbors who did not object to the current proposal. They have a storage shed in the back yard and the existing garage however they still have to pay fees for a storage unit to store her mother’s property in. Mr. Burich questioned if the design submitted to the Plan Commission was a concept design only and would they be open to adjustments to this plan. Ms. Oelerich responded that the architectural features could be changed to receive variance approval and she displayed another drawing prepared by her husband for the garage and stated that it would not be an obstruction to the neighborhood. Ms. Propp commented that the house is unusually short in height and the submitted plans for the addition to the garage are too great of a contrast to the home. She suggested that the petitioner may be able to build an addition onto the home rather than the garage. Ms. Oelerich responded that she did not know if the home would structurally be able to support a second story. Mr. Borsuk stated that the Plan Commission was not able to design something at this point and suggested that the item be laid over for a month to give the petitioner time to come back with other design plans that were more acceptable. __________________________________ Plan Commission Minutes 5 June 17, 2014 Ms. Oelerich inquired if City staff could come to her residence and review the situation to aide them in preparing alternate plans for this addition that would be more acceptable as she felt the photos in themselves did not provide adequate evaluation of their situation. Mr. Cummings questioned if the proposed addition on the garage would also be added living space for the home. Ms. Oelerich replied that it was not meant to be living space but for storage purposes only. She did comment that electricity would be installed in the addition. Mr. Cummings also questioned if the addition would be heated. Ms. Oelerich responded that it would not be heated as it was for storage purposes only. Mr. Thoms discussed the height issue and stated that he would like to know how much higher the proposed addition would be than other houses in the vicinity. Mr. Buck indicated that the addition could be constructed in steps to make the height of the addition less noticeable. Motion by Borsuk to lay over the residential design standards variance to permit a second story addition to the attached garage of the single story residence located at 6 Myrna Jane Drive for 30 days with a consultation with staff to take place regarding alternatives for the proposed addition. The item would be laid over until the July 15th Plan Commission meeting. Seconded by Thoms. Motion carried 9-0. IV.PUBLIC HEARING ON PROPOSED CREATION OF TAX INCREMENT FINANCING DISTRICT #27 NORTH MAIN STREET INDUSTRIAL PARK; DESIGNATION OF BOUNDARIES AND APPROVAL OF PROJECT PLAN Prior to taking action on proposed Tax Increment District (TID) #27 and the designation of boundaries for said TID, the Plan Commission is to hold a public hearing and take comments concerning proposed creation of the TID #27. The public hearing is required as part of the formal review process the City must follow in the creation of any tax incremental financing district or amendment thereto. TID #27 is being proposed to facilitate further economic development in the North Industrial Park by installing regional storm water facilities and by directly supporting a proposed manufacturing expansion within the park that will retain and create jobs in Oshkosh. The regional storm water facilities will permit existing industrial park properties that may currently be constrained by storm water requirements, the ability to expand and utilize the regional storm water facilities in favor ofonsite retention, which is common in the city’s newer developing industrial parks. The TID will also directly support job retention and creation by helping to assist with a $25 million expansion to Bemis Healthcare Packaging (Perfecseal) at 3500 N. Main Street. The financial assistance will come in the form of a $2 million PAYGO development assistance grant that would be paid over a 10 year period based on the increased value resulting from the expansion project. __________________________________ Plan Commission Minutes 6 June 17, 2014 Mr. Buck stated that two tables were inadvertently omitted from the project plan and distributed copies to the Commissioners for review. Mr. Burich presented the item and reviewed the site and surrounding area and the reasoning for the proposed TID development which would assist the city in the respect of Bemis Healthcare Packaging being able to retain the 161 jobs currently at the site and the additional 160 jobs that would be created by giving them the ability to expand their facilities. He reviewed the improvement features proposed in the TID area and explained that when these sites were developed many years ago, no detention regulations were required and these proposed improvements such as regional detention basins would provide other businesses in this area the ability to expand. Most sites do not have the required area to expand their facilities due to the current storm water requirements that would have to be created on the lots. He reviewed the land use and zoning classifications in the proposed TID area as well as the boundaries of the original TID #2 area which was part of the this same area when developed in the past.He also reviewed the estimate and timing of costs for TID #27 and commented that the tables support the fact that the project is financially feasible. Ms. Propp commented that the detention basins appeared to be located in the southern portion of the proposed TID area and questioned if the flow would allow the water to move from the north to the south of the area. Mr. Burich responded affirmatively and stated that additional storm sewers would be installed to direct the storm water runoff appropriately. Ms. Propp also questioned if there was no room for a detention basin on either the Bemis property or the Pacur property. Mr. Gohde discussed detention basin requirements on a single property compared to this proposal which would provide regional detention basins with the flow running from north to south and how this concept allows for more accumulation and flood control than individual basins on each site. Mr. Burich added that regional storm water facilities are incorporated into new industrial parks at the time of development however when this area was developed many years ago, this practice was not in place at that time. Mr. Bowen inquired if these regional detention basins were going to eliminate the need for detention basins to be constructed on each site within this area. Mr. Gohde responded that it would be similar to the new industrial park facilities and elaborated on how they function and how this would allow each site within the industrial park to have up to 70% impervious surface without providing additional area for individual detention basins. Mr. Bowen commented that is the benefit of regional detention basins. Mr. Gohde further commented that the town parcels located in this area will not be included and those properties would still have to provide their own detention basins to address their storm water management. The city parcels within the park could expand their facilities without having to address storm water issues on their own site. Mr. Borsuk discussed the previous developments in this industrial park. __________________________________ Plan Commission Minutes 7 June 17, 2014 Mr. Gohde stated that some cooperative efforts were necessary for companies to utilize ways to handle storm water runoff without requiring it all to be contained on site and further explained how these regional detention basins would be a benefit to the area in allowing businesses to expand. Mr. Thoms questioned if the Bemis expansion of their facilities was going to be capable of paying off the proposed TID’s costs. Mr. Burich responded that the lion’s share of the payback of the expense will come through the Bemis improvements and expansion. Mr. Thoms commented that the new TID’s are paid for in part by the cost of the land sales in the industrial park area however in this case, existing businesses will not be paying for this and will be receiving benefits from it. He also voiced his concerns regarding increasing debt for the city. He discussed the industrial park on the west side of the city and commented that he could see creating a TID district to assist Bemis with their expansion plans but not for the other existing businesses included in the boundary area. Allen Davis, Director of Community Development, explained the reasons that the project includes both storm water and TID assistance as the storm water management plans include the entire water shed for this area. The TID would benefit the development and would add more value in the district because of the storm water requirements that would allow other businesses to expand as well. The industries in the north TID area cannot expand due to that fact that they cannot physically fit everything on their property because of lack of area and the city is trying to obtain the most value out of the existing site. Mr. Thoms inquired if any other businesses in this area have expansion plans due to the creation of this TID and the regional detention basins that would be created by it. Mr. Davis responded that the city would be giving these businesses the opportunity for expansion although there are no plans for it at this time. The City could project increasing building sizes but it would not be prudent as there are no concrete plans for other business expansions at this time. Mr. Thoms stated that other businesses in the city have the same issues and questioned if we are going to do this for other businesses in the community as they are paying for storm water management in their utility bills and further discussed if this is fair to other entities that are paying for their own storm water issues. Mr. Davis replied that other businesses will still be paying the same rates for their utilities and storm water management regardless if this TID project plan is approved. Ms. Lohry asked for clarification of the area where Bemis is planning to expand. Mr. Burich indicated that Appendix B of the project plan depicts where the expansion would be located which is off of Main Street and would connect the new and existing facilities together. Mr. Borsuk commented that the Southwest Industrial Park was different as it was raw land at the time of development where this area was developed from farmland and installing the new storm water facilities was a necessary improvement. Mr. Nollenberger inquired if this TID project was not done, would these proposed development expansions discussed still take place. __________________________________ Plan Commission Minutes 8 June 17, 2014 Mr. Davis responded that Bemis would move their facilities out of the area without the approval of the proposed TID district resulting in the loss of the current jobs and the loss of the jobs for the expansion of the facility. Mr. Thoms suggested that the storm water detention portion of the TID could not be done and just add a TID district for the PAYGO assistance for the Bemis facility. Mr. Davis replied that Bemis needs both portions of the TID project plan to be approved to complete their expansion as they would lose part of their buildings and parking areas to accommodate the storm water detention area. The expense and fitting the expansion onto the site plan would be an issue without the proposed regional detention basins so the storm water installation plans should be part of the package to allow the expansion. Mr. Nollenberger commented that he felt the city cannot afford to lose this development. Mr. Thoms discussed the expense related to the creation of this new TID district and stated that he does not see if one storm water detention basin could correct the issue of the business’s ability to expand, the need to spend all this money on a new TID with multiple detention basins and storm water improvements that would benefit other businesses in the boundary area as well. He stated he would not support this request. Mr. Borsuk stated that the proposed TID is consistent with the Comprehensive Plan and increases the tax base and creates jobs which all wraps together and in the long term benefit goes to all companies. Mr. Cummings commented that economic development helps the city grow. Mr. Davis stated that other businesses in that industrial park will experience the same issues in the future and in the long run large regional detention basins are more efficient than multiple individual ones.This proposed TID with the storm water management features will be both economically and environmentally effective and will open opportunities for the expansion of business sites in the industrial park that otherwise would not be possible. The public hearing was opened for comment at 5:00 pm. Doug Kleinschmidt, 886 Old Knapp Road, displayed on the map where open drainage used to exist in the area and the huge ditches are now draining into small sewer drains that cannot handle the flowage. He further stated that Moser Street floods on a consistent basis and he does not know how the detention basins are going to work with this expansion. He further discussed the location of one of the proposed basins as it is located on land owned by his parents and they are not interested in selling it at this time. Kevin Lindsey, manager of Crown Cork & Seal, stated that the new storm sewer improvements are going past their current business and they have concerns with issues with access to their facilities as they run three full-time shifts. Mr. Gohde indicated that construction in existing areas is more difficult but although it adds costs to the project, it is staged to make things work for all involved. __________________________________ Plan Commission Minutes 9 June 17, 2014 Mr. Borsuk stated that the city and contractors work well together to make access possible in these situations. The public hearing was closed at 5:15 pm. Mr. Bowen commented that the Main Street detention basin is theoretical at most and questioned if there was a backup plan in place. Mr. Gohde responded that the City has hired a consultant for a Fernau Avenue water shed study to be completed for this area to ensure that the location of the detention basins and elevations are correct. The process of eminent domain may come into play as far as the acquisition of property but it is too early at this point to predict. Mr. Bowen commented that the location of the proposed storm water improvements is not as concrete as they should be. Motion by Bowen to approve the creation of Tax Increment Financing District #27 North Main Industrial Park; designation of boundaries and approval of project plan. Seconded by Borsuk. Mr. Thoms commented that he had no issues with providing Bemis with a PAYGO development assistance grant but this TID project plan was making a lot of economic assumptions and we need a reasonable idea if businesses were going to expand in this area. He felt some may but some never will and they will be reaping benefits from the storm water improvements included in this TID. He felt there were still outstanding questions on this issue and we need to think things through more carefully before making any decisions. Ms. Propp felt there may be some uncertainties but overall she felt it was a good plan even if there may be issues with some aspects of it. She felt it should move forward to the Common Council as the next step as some of the concerns and details being discussed are more for the prevue of the Council to decide. Motion carried 8-1. (Ayes-Borsuk/Bowen/Fojtik/Hinz/Cummings/Propp/Vajgrt/Nollenberger. Nays-Thoms.) PLANNING DIRECTOR’S REPORT Mr. Burich reported that there will be a combined workshop after the July 1st Plan Commission meeting with the Redevelopment Authority and the Common Council to discuss the findings of the UW-O Business Success Center regarding various scenarios for the Pioneer Inn property. Mr. Buck reported that approximately one third of the Zoning Ordinance is drafted and working group meetings still would be scheduled and it was moving forward. Mr. Burich added that staff was planning on holding another stakeholder’s meeting in July to discuss the issues after staff completes going over some of the provisions suggested. The consultants were still going over items and staff would need to go over the entire document thoroughly. Ms. Propp inquired when the new ordinance draft would be presented to the Plan Commission. __________________________________ Plan Commission Minutes 10 June 17, 2014 Mr. Burich responded that it would most likely be ready for review by fall and that the stakeholder’s meeting would need to discuss some of the details. Mr. Buck added that it would be presented in portions as to bring the entire zoning ordinance all at once would be to extensive. The mapping portion of the zoning ordinance would be addressed after all the language is in place. There being no further business, the meeting adjourned at approximately 4:27 pm.(Vajgrt/Hinz) Respectfully submitted, Darryn Burich Director of Planning Services