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HomeMy WebLinkAboutMinutes__________________________________ Plan Commission Minutes 1 July 7, 2015 PLAN COMMISSION MINUTES July 7, 2015 PRESENT: Ed Bowen, Thomas Fojtik, John Hinz, Steve Cummings, Kathleen Propp, Gary Gray, Robert Vajgrt, Karl Nollenberger EXCUSED: David Borsuk, Jeffrey Thoms, Donna Lohry STAFF: Darryn Burich, Director of Planning Services; David Buck, Principal Planner; Jeffrey Nau, Associate Planner; Brian Slusarek, Planning Technician; James Rabe, Civil Engineer Supervisor; 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 16, 2015 were approved as presented. (Nollenberger/Hinz) I. GRANT PRIVILEGE IN THE STREET ADJACENT TO 1221 KNAPP STREET Multimedia Communications & Engineering, Inc. on behalf of the Winnebago County Information Systems Department requests a privilege in the street permit to install 2” underground duct across Knapp Street east of Winnebago County’s Maintenance Facility, 1221 Knapp Street. The conduit will house fiber optic cable to be connected to Winnebago County’s data network. Mr. Nau presented the item and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. He explained the reason for the request and stated that if the privilege in the street is granted, the work was scheduled to begin in August of 2015 and the final design would require approval by the Department of Public Works. He reviewed the site plan and conditions recommended for this request. There was no discussion on this item. Motion by Vajgrt to approve granting a privilege in the street adjacent to 1221 Knapp Street with the following conditions: 1. Placement of the underground duct shall be coordinated with the Department of Public Works to prevent conflicts with existing underground utilities. 2. The underground duct is installed in a manner that is approved by the Department of Public Works with no modification or changes in construction procedure without prior approval by the Department of Public Works. 3. If no longer needed, the underground duct be properly abandoned and removed in accordance with City standards and under the direction of the Department of Public Works. 4. Any problem that may arise as a result of placement of the underground duct be the responsibility of the petitioner/owner to correct in coordination with the Department of Public Works. 5. All appropriate permits be obtained prior to the start of placement of the underground duct. 6. The underground duct shall be modified or removed immediately upon request of the City. __________________________________ Plan Commission Minutes 2 July 7, 2015 7. The petitioner/owner secures and submits to the City Clerk a separate insurance policy which names the City as an additional insured with a minimum coverage of $200,000 per person and $500,000 in general aggregate. 8. It is the responsibility of the petitioner/owner to file in a timely manner a new insurance certificate with the City Clerk upon expiration of an existing certificate. Failure to do so will result in the revocation of the privilege in the right-of-way permit within ten (10) days of notice. 9. The petitioner/owner execute a hold harmless agreement with the City. 10. The facility be part of and documented with Digger’s Hotline system. Seconded by Nollenberger. Motion carried 8-0. II. RESIDENTIAL DESIGN STANDARDS VARIANCE REQUEST FOR THE CLOSURE OF ONE WINDOW ON THE WEST SIDE ELEVATION OF PROPERTY LOCATED AT 443 WEST 7TH AVENUE The applicant is requesting approval of a variance from the City’s Residential Design Standards to permit the closure of one window located on the west side elevation of the single-family home at 443 West 7th Avenue. Mr. Slusarek presented the item and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. He reviewed photos of the home depicting the window proposed to be removed and explained the reason the property owner desired the closure which was due to a mold and mildew issue as the window was located in the bathroom area. The property owner was proposing to close off this window and side over the area and add shutters to the remaining windows on this elevation if the request was approved. He further stated that the closure of this window would not detract from the character of the neighborhood as the home would be consistent with other homes on the block and he reviewed the staff findings supporting this request. Mr. Gray questioned when the property owner was told that the window could not be removed. Mr. Slusarek responded that the home owner was notified when they came in to get a building permit as this request was submitted recently and the design standards have been in place since last year which do not allow window closures on the front or side elevations of the home. Mr. Gray then requested a description of how removing the window would enhance the appearance of the home. Mr. Slusarek responded that the window proposed to be removed did not match the remaining windows on the home and its removal would allow the addition of shutters to the remaining two windows on that elevation which would be consistent with the other windows on the structure. Motion by Vajgrt to approve the design standards variance request for the closure of one window on the west side elevation of property located at 443 W. 7th Avenue with the following findings: 1. The standards do not apply to this particular project because the proposed window closure will not adversely affect the structure’s architectural design, the neighborhood character, or curb appearance of the block. __________________________________ Plan Commission Minutes 3 July 7, 2015 2. Enforcement of the standards may cause an unnecessary hardship due to potential health concerns associated with mold accumulation. Seconded by Cummings. Motion by Gray to amend the findings by removing finding #2 as he did not feel that it applies in this case. There was no second to this motion for the amendment. Motion carried 7-1. (Ayes-Bowen/Fojtik/Hinz/Cummings/Propp/Vajgrt/Nollenberger. Nays- Gray.) III. ACCEPT STORM SEWER EASEMENT AT 525 & 1135 WEST 20TH AVENUE The Department of Public Works is requesting acceptance of a storm sewer easement from Winnebago County at 525 & 1135 West 20th Avenue. Mr. Slusarek presented the item and reviewed the site and surrounding area as well as the zoning classifications in this area. He discussed the measures taken to improve the storm water management plan for the Glatz Creek Watershed and reviewed the site plan for the proposed easement. He further stated that the area suffered from severe flooding issues and reviewed a map depicting the Glatz Creek Watershed. Mr. Hinz stated that the water flowage runs from the west to the east in the city and questioned how this storm sewer improvement would help with flooding issues on the east side of the airport. James Rabe, Civil Engineer Supervisor, explained the flooding concerns on 20th Avenue which is severe from South Park Avenue to the railroad tracks and how this storm sewer easement from Knapp Street extending down 20th Avenue will reduce the issues in this area. Mr. Hinz inquired if this would have any impact on properties to the east of the airport. Mr. Rabe indicated that it would reduce the flooding on 20th Avenue and this work would coincide with reconstruction already completed on 23rd & 24th Avenues and Doty Street. Motion by Gray to approve the acceptance of a storm sewer easement at 525 & 1135 W. 20th Avenue. Seconded by Vajgrt. Motion carried 8-0. IV. ACCEPT STORM SEWER EASEMENT AT 150 NORTH CAMPBELL ROAD The Department of Public Works along with AECOM is requesting acceptance of a storm sewer easement from Fox Valley Technical College at 150 North Campbell Road. Mr. Slusarek presented the item and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. He reviewed a map of the 3rd Avenue Watershed and explained that following an analysis of this watershed, a recommendation was made to construct a new outfall to the Fox River. He described the proposed easement and reviewed a site plan depicting the area of it. __________________________________ Plan Commission Minutes 4 July 7, 2015 There was no discussion on this item. Motion by Vajgrt to approve the acceptance of a storm sewer easement at 150 N. Campbell Road. Seconded by Cummings. Motion carried 8-0. V. AUTHORIZATION TO ACQUIRE PROPERTY AND DEDICATE RIGHT-OF-WAY NEEDED FOR RECONSTRUCTION OF NORTH MAIN STREET FROM NEW YORK AVENUE TO MURDOCK AVENUE This request is part of the Wisconsin Department of Transportation’s N. Main Street Reconstruction project. Per the City’s agreement with the DOT, the City is responsible for land acquisitions and acceptance of temporary limited easements as part of the relocation order which will go before the Common Council for approval. This project involves the reconstruction of N. Main Street from New York Avenue to Murdock Avenue. The reconstruction involves the purchase and right-of-way dedication of a portion of a property (1155 N. Main Street) in the project area. Mr. Nau presented the item and reviewed the site and surrounding area and discussed the City’s agreement with the DOT for the reconstruction of this area. He described the project in further detail which would include upgrading the aging infrastructure under this street and the necessity to acquire a triangular shaped portion of property for the installation of a handicapped ramp at this corner. He further explained that the work was scheduled for completion in 2016 and reviewed a site plan depicting the area to be acquired. Mr. Gray questioned if the city has discussed this acquisition with the property owner. Mr. Rabe responded that the city contracts services for land acquisition negotiations and he was not sure if the contractor had yet made contact with the property owner at this time. Motion by Vajgrt to approve the authorization to acquire property and dedicate right-of-way needed for reconstruction of N. Main Street from New York Avenue to Murdock Avenue. Seconded by Bowen. Motion carried 8-0. VI. PLANNED DEVELOPMENT REVIEW AND CONDITIONAL USE PERMIT FOR A PUBLIC UTILITY STRUCTURE (WET STORM WATER DETENTION BASIN) WEST OF 1015 SOUTH WASHBURN STREET The Department of Public Works requests Planned Development review and a Conditional Use Permit for construction of a wet storm water detention basin. Mr. Nau presented the item and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. He described the subject site and stated that the Common Council approved an official mapping request for this site in 2006 and the land has since been acquired. He described how the detention basin would function and discussed the flooding issues in this area as well as the storm water management plan and detention basin construction to address these issues. He also reviewed the site plan for the proposed detention basin and further described its functions regarding water flow and sedimentation removal which will assist in both the water quality and flooding issues downstream. He stated that construction is scheduled for 2015 with additional improvements to be completed in 2016. He also discussed landscaping for the detention basin and access to the site and explained how this use would be consistent with the City’s Comprehensive Plan. He explained how __________________________________ Plan Commission Minutes 5 July 7, 2015 this basin would benefit both the Campbell Creek and Sawyer Creek Watersheds and reviewed a map depicting the locations of the watersheds. Mr. Gray requested an explanation of the Side Slope and Mow Fescue Planting Zones referenced in the staff report. Mr. Rabe described the grasses to be used on the upper perimeter of the proposed detention basin which would reduce maintenance costs for the city as well as the plantings for the side slopes and shoreline zone areas and how they function in conjunction with the detention basin. Mr. Gray then questioned why this request was a planned development rather than just a conditional use permit. Mr. Nau explained that a portion of the property was located in a zoning classification that had a planned development overlay which requires approval of both a planned development and a conditional use permit. He also reviewed the zoning classifications on the subject site. Motion by Vajgrt to approve a planned development/conditional use permit for a public utility structure (wet storm water detention basin) west of 1015 S. Washburn Street. Seconded by Nollenberger. Motion carried 8-0. VII. ZONE CHANGE FROM R-1 SINGLE FAMILY RESIDENCE DISTRICT TO R-3 MULTIPLE DWELLING DISTRICT WITH PLANNED DEVELOPMENT OVERLAY, DEVELOPMENT PLAN REVIEW FOR THE CREATION OF A MIXED-USE RESIDENTIAL DEVELOPMENT, AND RIGHT-OF-WAY VACATION ON PROPERTY LOCATED AT THE 4100 BLOCK OF JACKSON STREET The applicant is requesting three actions within this petition: A. Zone change from R-1 Single Family Residence District to R-3 Multiple Dwelling District with Planned Development Overlay; B. Approval of a development plan for a mixed-use residential Planned Development; and C. Right-of-way vacation of Square Lake Drive, Bristol Drive and portions of Western Drive and Nielsen Drive. Mr. Buck presented the item and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. He discussed the preliminary plat that was approved in April of 2015 for the subject site and explained that the zone change was to have one zoning designation on the entire development area and was consistent with the City’s Comprehensive Plan. He reviewed the right-of-way proposed to be vacated and reviewed the site plan for the proposed subdivision development. He described the layout of the development including lot sizes and location of residential single-family, two-family, and multi-family lots. He also described the apartment buildings proposed to be developed as well as the parking stalls number and location and discussed the density of the development which was considered to be low. He further discussed the layout of the multi- family portion of the development along with the detention basin and parkland dedication areas and the reconfigured access to the site which would now be off of Jackson Street. He also discussed the signage for the development and displayed the locations for them which staff was recommending a base standard modification for a third sign on the site. He also reviewed the landscaping plans which would include a very heavy landscaping buffer to the north and the storm water management plans which the Department of Public Works have noted that some adjustments would be necessary with the sewer main and easements. He reviewed the building elevations for the 8-unit and 16-unit apartment __________________________________ Plan Commission Minutes 6 July 7, 2015 buildings and the addition of windows on the side elevations to increase the structure’s architectural articulation particularly on the structures facing the roadway. He also reviewed the garage structures’ elevations and the right-of-way vacations of all the existing drives as they were designed as part of a previous planned development and would need to be relocated to coordinate with the new layout of the subdivision. The new street accesses have been discussed with representatives of the Town of Oshkosh and the residents to the south of the development. He also reviewed the conditions recommended for the planned development portion of these requests. Mr. Nollenberger left at 4:45 pm. Mr. Cummings stated that 155 new units could impact the school system in this area and questioned if staff has discussed this matter with the school district. Mr. Buck responded that notices are sent to the Superintendent of Schools and a member of the school board and the potential impacts were discussed prior to the development coming forward. Mr. Cummings then questioned if these would be market rate units. Mr. Burich responded affirmatively. Motion by Vajgrt to approve a zone change from R-1 Single Family Residence District to R-3 Multiple Dwelling District with a Planned Development Overlay for a portion of property located at the 4100 block of Jackson Street. Seconded by Cummings. Motion carried 7-0. Mr. Bowen questioned under what circumstances would the temporary cul-de-sac depicted on the southern portion of the site plan be connected to Western Drive. Mr. Burich responded that the roadway would be connected at the time that 90% of the properties to the south are annexed into the city. Mr. Bowen then questioned if this was part of the agreement reached with the closure of Norton Avenue’s access to Jackson Street. Mr. Burich responded affirmatively and stated that the agreement was between the Town and City of Oshkosh and the property owner and described the stipulations contained in the agreement. Mr. Bowen inquired if the agreement was already signed. Mr. Burich responded affirmatively. Mr. Gray questioned what type of building materials were proposed to be used for the apartment complexes. Mr. Buck responded that the developer was proposing brick which is a favored material by city staff and the decks and patios would be vinyl clad. Mr. Burich added that the materials proposed were consistent with the new Zoning Ordinance update that was currently under way. __________________________________ Plan Commission Minutes 7 July 7, 2015 Mr. Gray commented that he had concerns with the access to Jackson Street particularly with left hand turns from the site and questioned if any traffic studies had been completed related to this development. Mr. Burich replied that the issue was discussed with the DOT and the option of adding a median in the road however the DOT did not feel that it was necessary. He further stated that with the removal of the access to Jackson Street to the south, Jackson Street would not have any additional accesses. Motion by Vajgrt to approve the planned development for the creation of a mixed-use residential development on property located at the 4100 block of Jackson Street with the following conditions: 1) Base standard modification to allow three monument signs for development identification: primary monument sign no taller than ten feet nor greater than 32 square feet of sign area be permitted along the Jackson Street frontage and two monument signs no taller that five feet nor greater than 18 square feet at each of the two entrances on the new street. 2) Formal erosion control, drainage and storm water management plans as well as storm and drainage easements must be established from the proposed detention basin to County Road Y, as approved by the Department of Public Works. 3) Detention basin is designed without riprap above the water line and native plants be planted on the side slopes of the basin and emergent plants on the safety shelf. 4) Location of the sanitary sewer is verified and easements be adjusted as needed, including installation of gravel or hard surfacing with vehicle turnaround in the northwest corner of the property to accommodate maintenance equipment. 5) Sanitary sewer access drive is limited access by the inclusion of gate or other security device as approved by the Department of Public Works. 6) Granting additional sanitary sewer easement areas necessary to allow the relocation of the sanitary sewer main from under the existing pond. 7) The side/end apartment building elevations facing either Jackson Street or the new road be further articulated by adding two additional windows on both the first and second floors of units 1, 2, 4, 8 and 15. 8) All vents and other appurtenances on the apartment buildings be colored to match or compliment the building’s exterior façade color. Seconded by Bowen. Motion carried 7-0. Motion by Vajgrt to approve the right-of-way vacation of Square Lake Drive, Bristol Drive, and portions of Western Drive and Nielsen Drive. Seconded by Gray. Mr. Bowen commented that he was pleased to see the City and Town work cooperatively together to resolve the issues with this subdivision. Motion carried 7-0. There being no further business, the meeting adjourned at approximately 5:02 pm. (Vajgrt/Hinz) Respectfully submitted, Darryn Burich Director of Planning Services