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Plan Commission Minutes 1 November 17, 2015
PLAN COMMISSION MINUTES
November 17, 2015
PRESENT: David Borsuk, Ed Bowen, Thomas Fojtik, Steve Cummings, Gary Gray, Donna Lohry,
Karl Nollenberger
EXCUSED: Jeffrey Thoms, John Hinz, Kathleen Propp, Robert Vajgrt
STAFF: Darryn Burich, Director of Planning Services; David Buck, Principal Planner; Jeffrey
Nau, Associate Planner; Steve Gohde, Assistant Director of Public Works; Darlene
Brandt, Grants Coordinator; 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 November 3, 2015 were approved as presented. (Nollenberger/Borsuk)
I. RIGHT-OF-WAY DEDICATION ADJACENT TO 450 W. 33RD AVENUE
The petitioner proposes a partial cul-de-sac right-of-way dedication of a 1,354 square foot (0.031 acre)
area located adjacent to 450 W. 33rd Avenue. The subject site is located near the eastern terminus of
W. 33rd Avenue, approximately a quarter mile east of Medalist Dr. and is within the Aviation Industrial
Park.
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 discussed that the property owner was combining three tax
parcels into one parcel as part of an expansion project for Lakeside Plastics, Inc. and reviewed the
certified survey map depicting the area. He also discussed the need for the dedication of a cul-de-sac
bulb on dead-end streets to allow for turnarounds for large trucks and that the dedication of this area
was to mirror a similar dedication on the south side of W. 33rd Avenue. He explained that a portion of
the off-street parking area for Lakeside Plastics would be located within the right-of-way once
dedicated and the City would require the property owner to sign an encroachment agreement to allow
the continued use of this parking area and may require the removal of the encroaching portion at some
point when W. 33rd Avenue is reconstructed. He also reviewed the condition related to the
encroachment agreement recommended for this request.
Mr. Gray questioned if this was a dead-end street as it appeared to continue beyond the point of the
proposed cul-de-sac.
Mr. Nau responded affirmatively.
Mr. Gray then questioned if the street would be extended over time.
Mr. Nau replied that the street was once intended to extend to the east however this area is now under
private ownership and will be combined with the other parcels into one parcel and the City has no
plans to extend W. 33rd Avenue at this time.
Steve Gohde, Assistant Director of Public Works, added that with the development in this area and
other natural features so he did not see W. 33rd Avenue being extended in the future.
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Plan Commission Minutes 2 November 17, 2015
Mike Huddle, representing Gen2 Holdings, LLC, stated that if the City would extend W. 33rd Avenue,
there would be houses in the way and their company did not have any issues with the encroachment
agreement necessary.
Motion by Nollenberger to approve the right-of-way dedication adjacent to 450 W. 33rd Avenue
with the following condition:
1. Property owner of 450 W. 33rd Avenue enters into an encroachment agreement for the existing
off-street parking area located within the proposed dedication area.
Seconded by Borsuk. Motion carried 7-0.
IIA. TWO-LOT LAND DIVISION/CERTIFIED SURVEYMAP LOCATED SOUTH OF
RUFFED GROUSE WAY
IIB. RELEASE OF DETENTION BASIN EASEMENT SOUTH OF RUFFED GROUSE
WAY
The applicant is requesting a two-lot land division from four existing parcels containing a total of
30.4291 acres. The City is also requesting the release of a storm water detention basin easement
located on Lot 1 of the proposed Certified Survey Map. Sizes of the proposed lots are as follows:
Lot 1 = 21.4432 Acres
Outlot 1 = 8.9859 Acres
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 reviewed the certified survey map and the area of the detention
basin easement proposed to be released. He reviewed the proposed land division to reconfigure the
lots and discussed the location of wetlands on the site as well as the possible future development on
this site which was anticipated to be residential however no formal plans have been submitted at this
time. He reviewed the area for the release of the easement and discussed the developer’s agreement in
place which will be required to be amended to reflect the change of the current parcel containing the
detention basin to an outlot status. He also explained the reason for the current easement which was
for a temporary storm water detention basin and that a permanent detention basin has since been
constructed making the current easement area no longer necessary. He reviewed the condition relating
to the amendment to the Developer’s Agreement recommended for this request.
Mr. Borsuk questioned if the new storm water detention basin was located within Outlot 1.
Mr. Nau responded affirmatively.
Mr. Borsuk then questioned if a designated wetland area could be used for that purpose.
Mr. Gohde replied that the area where the permanent detention basin was constructed was not
designated as a wetland area at the time of its construction.
Mr. Cummings questioned if the developer for this property was Midwest.
Mr. Nau responded affirmatively.
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Plan Commission Minutes 3 November 17, 2015
Motion by Borsuk to approve a two-lot land division/certified survey map and the release of the
temporary storm water detention basin easement for property located south of Ruffed Grouse
Way with the following condition on the land division:
1. The owner and City shall amend the current Developers Agreement to reflect the change of the
current parcel containing the existing detention basin to an outlot.
Seconded by Cummings. Motion carried 7-0.
IIIA. TWO-LOT LAND DIVISION/CERTIFIED SURVEY MAP
IIIB. PLANNED DEVELOPMENT APPROVAL FOR THE CREATION OF A TWO-UNIT
CONDOMINIUM AT THE SOUTHERN PORTION OF THE EAST SIDE OF THE 600
BLOCK OF GROVE STREET
IIIC. LAND DISPOSITION OF PROPERTY LOCATED ON THE SOUTHERN PORTION
OF THE EAST SIDE OF THE 600 BLOCK OF GROVE STREET
The applicant is requesting three actions within this petition:
A. Two-Lot Land Division/Certified Survey Map from one existing parcel containing a total of 1.24
acres.
B. Approval of a development plan for a handicap accessible two-unit condominium structure, located
at the northeast corner of East Parkway Avenue and Grove Street.
C. Land disposition of approximately 0.33 acres (14,000 square feet) of land located on the northeast
corner of East Parkway Avenue and Grove Street.
Mr. Buck presented the item and reviewed the site and surrounding area as well as the land use and
zoning classifications in this area and discussed the past history of the site. He stated that the City
acquired the property in 2015 and reviewed the land division portion of the request. He explained that
Lot 1 would be the area for the proposed planned development and land disposition and discussed the
sidewalk easement areas along Cleveland Avenue and East Parkway Avenue that would need to be
dedicated as right-of-way on the certified survey map. He further stated that the land division meets
the city’s subdivision regulations and discussed the 40% reduction in total suspended solids necessary
to meet the city’s storm water management requirements which would be placed as a condition on the
land division portion of this request.
Mr. Buck reviewed the site plan for the two-unit condominium structure proposed for development on
this parcel and described the unit’s layout which will be handicap accessible. He stated that the
placement of the structure does not meet zoning district setback standards and that revised site plans
were submitted after staff reports were prepared increasing the lot’s width and that the reduced setback
for the placement of the structure is supportable due to the average setbacks of other homes in the
surrounding neighborhood. He further explained that the rear yard setback was increased with the
revised site plans which were necessary to accommodate the garage placement in the rear yard and the
amount of impervious surface was also decreased. He discussed the storm water detention
requirements which were applicable because the site is associated with a larger redevelopment area and
reviewed the structure’s elevations which should be consistent with the neighborhood. He also stated
that the window sizes were increased with the revised site plans and the doors also would be relocated
for aesthetic purposes. The plans were shared with the Menominee South Neighborhood Association
for their feedback and a letter of support was provided by a representative of the association. He also
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Plan Commission Minutes 4 November 17, 2015
discussed the land disposition to Habitat for Humanity and the Oshkosh/Winnebago County Housing
Authority to facilitate this development and reviewed the conditions recommended for this request for
the land division and planned development which were slightly revised due to the newly submitted site
plans.
Mr. Burich commented that the most important facet of this project was the collaboration between the
City, Habitat for Humanity, and the Oshkosh/Winnebago County Housing Authority to develop this
handicap accessible product as these types of units were hard to find in the city especially with its older
housing stock.
Mr. Buck discussed the various land division opportunities available for the remainder of the parcel
and explained how it could be potentially divided in a number of ways for future redevelopment
purposes.
Mr. Fojtik questioned how the land disposition procedure would be facilitated as far as if it was a
donation or some type of legal agreement.
Darlene Brandt, Grants Coordinator, indicated that the lot would be donated to Habitat for Humanity.
Mr. Buck added that the parcel would become a taxable property adding to the City’s tax base.
Mr. Nollenberger commented that the collaboration between the various entities to proceed with this
development and the letter of support from the neighborhood association was great to see.
Mr. Bowen questioned if the Commission was approving the certified survey map at this point or if the
land division portion of the request was conceptual only at this time.
Mr. Buck responded that the planned development would approve the lot layout and a certified survey
map will be submitted for administrative review at the time of approval as it will not be created until
after Common Council approval of the other facets of the proposed project.
Mr. Cummings questioned if this would be the first Habitat for Humanity project to provide garage
units.
Ms. Brandt responded that there have been some Habitat projects in the past that included garages
structures.
Mr. Borsuk noted that the development would have a shared driveway and questioned if some type of
agreement would be necessary to allow this feature.
Mr. Burich responded that the shared driveway would be part of a condominium agreement between
the two condominium units.
Mr. Borsuk then questioned if there were any environmental issues on the site.
Mr. Burich indicated that the middle of the parcel had some environmental issues however it was
considered a closed site and did not involve the area proposed to be developed within this request.
Mr. Gray questioned how the city would determine if the parcel was providing a 40% reduction in total
suspended solids to satisfy the condition for storm water requirements.
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Plan Commission Minutes 5 November 17, 2015
Mr. Gohde explained that it would be determined by performing a calculation regarding the runoff for
the parking area with the Wisconsin Department of Natural Resources.
Mr. Gray then questioned how the city would be confident that once the calculation is completed that it
continues to meet that standard.
Mr. Gohde indicated that there is an agreement involving maintenance features installed to meet the
requirements and it would be monitored.
Mr. Gray then asked for clarification of the area of land disposition.
Mr. Buck displayed on the map the portion of the parcel to be utilized for this development.
Mr. Gray then questioned if there would be two driveway accesses for this development.
Mr. Buck responded negatively and displayed on the site plan the single driveway access which would
be located on East Parkway Avenue.
Mr. Gray commented that he felt the development was good for this location but he was concerned
with the amount of impervious surface created.
Ben Krumenauer, 650 Grove Street, representing the Menominee South Neighborhood Association,
stated that the association was in support of this proposed project and excited about being included in
the planning process and excited to have this development in their neighborhood.
Motion by Lohry to approve a two-lot land division/certified survey map, a planned
development for the creation of a two-unit condominium, and a land disposition of property on
the southern portion of the east side of the 600 block of Grove Street with the following
conditions for the land division:
1) Final CSM include a note that each parcel is required to provide a 40% reduction in total
suspended solids (TSS) to meet storm water requirements.
2) Sidewalk easement areas located along Cleveland Avenue and East Parkway Avenue are
dedicated as right of way on the final CSM.
And the following conditions for the planned development:
1) Reduce the driveway width to a minimum of 18 feet at the property line.
2) Base standard modification to allow a minimum front yard setback of 15.5 foot on Grove Street
and 24 foot on East Parkway Avenue.
3) Base standard modification to allow a minimum rear yard setback of 7 feet.
4) Base standard modification to allow 48% rear yard impervious coverage.
5) Landscaping buffer or solid fence be installed along the rear property line to create a buffer
from the adjacent parking lot to the east.
6) Garage access doors be relocated from the east façade to the north and south façade of the
attached garage.
7) Two horizontal windows located on the north façade be replaced with the three pane window
similar to the one located on the East Parkway Avenue façade.
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Plan Commission Minutes 6 November 17, 2015
Seconded by Nollenberger. Motion carried 7-0.
There being no further business, the meeting adjourned at approximately 4:42 pm. (Nollenberger/
Cummings)
Respectfully submitted,
David Buck
Principal Planner