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Plan Commission Minutes 1 January 17, 2017
PLAN COMMISSION MINUTES
January 17, 2017
PRESENT: David Borsuk, Jeffrey Thoms, Thomas Fojtik, John Hinz, Steve Cummings, Kathleen
Propp, John Kiefer, Robert Vajgrt
EXCUSED: Ed Bowen, Karl Nollenberger
STAFF: Darryn Burich, Director of Planning Services; Elizabeth Williams, Planner; Steve
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 3, 2017 were approved as presented. (Vajgrt/Hinz)
I. RESIDENTIAL DESIGN STANDARDS VARIANCE REQUEST FOR THE CLOSURE
OF SIX WINDOWS ON THE FRONT AND SIDE ELEVATION OF PROPERTY
LOCATED AT 15 WEST 11TH AVENUE
The applicant is requesting approval of a variance from the City’s Residential Design Standards to
permit the closure of 6 windows (reduction from 15 windows to 9 windows) on the front and side
elevation of the duplex located at 15 West 11th Avenue. The variance request was laid over from
the January 3, 2017 Plan Commission meeting in order to allow more time to determine an
alternative solution. Since that time City staff has worked with the applicant and property owner
to identify an alternative plan which does increase the costs of the project by $500 and would
include placement of two windows on the east façade, five windows on the front/north façade and
two windows on the west façade.
Ms. Williams presented the item and reviewed the site and surrounding area as well as the land
use and zoning classifications in this area. She reviewed the existing conditions of the home and
discussed the current proposal of the reduction of the number of windows and the dimensions and
also reviewed the original proposal. She stated that staff had worked with the applicant to alter
the original submittal to closer meet the design standards requirements and discussed the reasons
for the request. She reviewed the new proposal in comparison to the original submission and
stated that it was a good balance but would add costs to the project. Staff was recommending
approval of the variance request with the finding that it will not adversely affect the structure’s
architectural design, the neighborhood character or curb appearance of the block.
Motion by Vajgrt to approve a design standards variance to allow the closure of six windows on the
front and side elevation for property located at 15 W. 11th Avenue with the following finding:
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Plan Commission Minutes 2 January 17, 2017
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.
Seconded by Borsuk. Motion carried 8-0.
II. PLANNED DEVELOPMENT REVIEW FOR DEVELOPMENT OF A MIXED-USE
ARENA/EVENT COMPLEX LOCATED AT 1212 SOUTH MAIN STREET
The petitioner requests review of a Plan Development and approval of a General and Specific
Implementation Plan for a mixed-use arena/event complex located at 1212 South Main Street.
Ms. Williams presented the item and reviewed the site and surrounding area as well as the land
use and zoning designations in this area. She discussed the development of a 3500 seat arena
which also includes a sports bar and team store which is consistent with the City’s Comprehensive
Plan and a permitted use in the CMU Central Mixed-Use Zoning District. She further discussed
the number of employees and staff that would be present during events and other possible
activities that could utilize the venue in the off season. She reviewed the site plan and discussed
the number of drive accesses and location of the building and parking lot and the base standard
modifications required for placement of the refuse enclosure and service/loading area facilities in
the front yard setback. The proposed enclosure will match the materials of the primary structure
and the area is partially obstructed by the building and landscaping. She reviewed the accesses to
the site and discussed the gates for the accesses on 11th Avenue and the main entrance on Main
Street as well as the two additional accesses on South Park Avenue which will also be gated. She
explained the purpose for each access and the base standard modification, (BSM) for eight foot tall
gates in the front yard as well as the four BSM’s to the access control ordinance to allow three
accesses on 11th Avenue and two on South Park Avenue, reduced lateral clearance for all access
drives, to permit backing within the right-of-way for the loading and refuse enclosure area, and
the width of one of the driveways to be allowed at 36 feet. Staff was recommending that a Traffic
Impact Analysis be submitted for review and she also reviewed the landscape plan which is in
excess of what is required to meet code. Lighting plans depict 30 foot tall fixtures which also
require a BSM for the 10 feet of additional height which were for the purpose of pedestrian safety.
She discussed the light spillover at the property lines which will be addressed during the site plan
review process which may require the plans to be amended. Signage plans include wall mounted
signs on each entry with formal plans to be submitted and approved by the Plan Commission and
Common Council. Storm water management plans have not yet been submitted and will require
approval by the Department of Public Works. She also reviewed the building elevations and
discussed the height and location of the various entrances, the building materials to be utilized,
and the architectural articulation. On-site parking is not required in this zoning district however
the proposal includes 580 parking stalls on the subject site with the availability of 753 on-street
parking spaces in the vicinity. She reviewed a map depicting the areas with on-street parking
available in this vicinity and reviewed the conditions recommended for this request.
Mr. Thoms asked how many parking stalls were on-site.
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Plan Commission Minutes 3 January 17, 2017
Ms. Williams reiterated that there were 580 stalls proposed.
Mr. Thoms then questioned how many stalls were necessary to accommodate 3500 people for an
event at this venue.
Ms. Williams responded that one stall for each five seats was calculated compared to similar type
uses.
Mr. Thoms commented that the parking on-site would be under those requirements.
Mr. Burich stated that the central city zoning districts do not have any parking requirements on-
site.
Mr. Thoms then questioned if the Police and Fire Departments commented on the parking issue as
he felt this could be a problem for residents in this area as there will not be enough parking on-site
to accommodate attendance at these events resulting in on-street parking throughout the
neighboring vicinity.
Mr. Burich indicated that the area does have the capacity to accommodate the on-street parking
that will occur and that it will not be a daily event. He further commented that 3.5 people were
calculated per vehicle and there would be a limited duration of time for these events.
Mr. Thoms commented that he expected more from staff’s standpoint in regard to hiding the
parking lot from view from Main Street and discussed the installation of some type of buffer as
Main Street was a main corridor into the city. He also commented about the fencing in the front
yard as he felt it should not be chain link but something with a more attractive look such as was
used with the construction of the Central Garage. He also commented about the storm water
issues that are not addressed other than the use of pervious pavers which may alter the
development.
Mr. Burich stated that it was a challenging site to develop with the three street frontages and that
berming along Main Street to buffer the view of the parking lot would also result in the loss of an
entire side of parking stalls. He further stated that masonry type fencing was being considered
and not chain link for aesthetic purposes.
Mr. Thoms suggested an iron wrought fence would be appropriate with bushes along it. He
questioned why the development was proposed for this particular area and if the Milwaukee
Bucks Development League is not able to sustain itself at this location, what will be done with the
structure.
Steve Gohde, Assistant Director of Public Works, discussed the use of pervious pavers over the
large open base area and the storm water requirements for the site which will require meeting 40%
reduction of solids in some areas and meeting the new standard of 80% in other areas of the
redeveloped site. He also discussed the requirements to meet the quantity of runoff from the site.
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Plan Commission Minutes 4 January 17, 2017
Mr. Thoms inquired if there were environmental issues and the types of soil on this site.
Mr. Gohde responded that there was three to eight feet of industrial fill across the site and that the
storm water collected would have to be isolated from this soil as the storm water cannot come into
contact with the industrial fill material.
Mr. Thoms then questioned how this will be addressed.
Mr. Gohde replied that it would involve underground storage facilities and explained further the
requirements to meet storm water runoff and matters related to storm water runoff for both
quality and quantity and the requirements that would apply only for areas that are being added as
far as impervious surface as this was a redevelopment site. He further discussed the storm water
analysis that was completed in this area and discussed the outfall. He indicated that the storm
water infrastructure is under sized to address this area and will need to be addressed concurrently
with the development of this site.
Mr. Thoms inquired if this will mean that the city will have to re-evaluate the street improvements
planned for the coming years.
Mr. Gohde responded that the creation of a tax incremental finance district in this area should
address some of these concerns.
Ms. Propp questioned if there would be traffic conflicts with properties to the north of the subject
site.
Mr. Burich replied that 11th Avenue would have to be reconstructed and accesses would be
addressed at that time.
Mr. Borsuk questioned what the scope of the traffic impact analysis is and what it is going to try to
address.
Mr. Burich responded that improvements to street lights and any other issues related to the
development that could negatively impact the neighborhood.
Jim Collins, Director of Transportation, stated that they looked at upgrading the traffic signals at
the intersections and the 11th Avenue and Main Street entrances and the traffic flow in and out of
the site. He further discussed that most of the activity is during the day for businesses in the
vicinity and events at this venue will be during the evening hours. 11th Avenue and South Park
Avenue will need an upgrade for the lights and parking concerns will go to the Traffic Review
Board for comment. He further discussed the width of 12th Avenue which will allow for on-street
parking on both sides of the street and that this site is no different than other areas in the city that
host large events. The Traffic Impact Analysis will help with modifications necessary once
reviewed.
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Plan Commission Minutes 5 January 17, 2017
Mr. Borsuk questioned if there was some standard for the Traffic Impact Analysis and what it
addresses.
Mr. Collins responded that the city does not have a standard checklist for this purpose and were
anticipating that the developer would hire a consulting firm to handle this issue.
Mr. Burich added that he believed that the Wisconsin Department of Transportation, (WisDOT),
has standards for these purposes if needed.
Mr. Borsuk commented that he was concerned with the thoroughness of the analysis.
Mr. Collins stated that the results from the Traffic Impact Analysis would allow them to review the
traffic flow in and out of the site and its impact on the general area.
Mr. Thoms stated that he wanted the analysis to look at more than Main Street, 12th Avenue, and
11th Avenue as the attendees will be parking in the neighborhoods in the vicinity and they should
include a study of the impact on neighborhoods in the residential areas. He felt it could be an
issue as the traffic from these types of events all leaves the area at once and they need to look at the
broader issue of this.
Mr. Fojtik commented that the Alberta Kimball facility hosts large events and it seems to be
handled well in that area.
Mr. Hinz commented that if the venue will be charging for parking, more attendees will be
parking in the residential neighborhoods to avoid paying the additional fees for parking on-site.
Mr. Borsuk questioned the blue and yellow outlines of the parcels depicted on the site plan and
questioned what that indicated.
Mr. Burich responded that the blue lines represented the Buckstaff property and the yellow lines
around the eastern parcel represented railroad property. He stated that when moving forward
with more plans in this area, although nothing is proposed at this time, the layout could possibly
include a ring road circling around the site which may be affected by the location of the railroad
parcel in yellow.
Judy Williams, representing Alro Steel Corporation, stated that there were concerns regarding the
traffic on 11th Avenue as their facility operates 24 hours a day and the trucks that access their site
utilize 11th Avenue. She further stated that they were in the process of relocating their facility but
there would be some overlap between their relocation and the development of this project. They
had safety concerns with the bar located within the facility.
Mr. Burich commented that the Main Street entrance would be utilized on days that were not
hosting events.
Ms. Williams questioned what times the basketball games would be occurring.
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Plan Commission Minutes 6 January 17, 2017
Mr. Burich responded that the games would be held during the evening.
Ms. Williams commented that they were not opposed to the project but they need to run their
operation at this location currently and questioned if there would be snow removal issues and
where the snow would go on 11th Avenue when cleared.
Mr. Vajgrt inquired when Alro Steel would be relocating their facility.
Ms. Williams responded that they do not have a set timeline but was estimating that it would be
within 18 months to two years.
Jason White, 1204 Fairfax, CEO of the Greater Oshkosh Economic Development Corporation,
stated that he has been working on this project for a year now and as part of the discussions has
worked with the developer and the community. He discussed the benefits to the community that
this development could bring and that the search for the appropriate site for this development was
very extensive. He discussed sites reviewed for this development which were submitted to the
Milwaukee Bucks organization for consideration and that this site was targeted for the benefits it
would provide to the community. This site also met with the schedule of the demolition of the
Buckstaff site and the benefits of the Milwaukee Bucks organization to the community of
Milwaukee and the potential benefits that could be provided to Oshkosh if they select to locate
their facility here. He discussed both the Highway 41 corridor and other green field sites and the
reasons that those sites were not chosen for the facility’s location. He stated that there was a tight
time frame for this development and discussed the open house recently held for the neighborhood
residents to receive feedback and present the proposal which had an attendance of 100 people.
There have also been weekly meetings with city staff to discuss issues with the timeline and the
economic development angle has been a great effort to support quality of life in Oshkosh. He
explained how this development could potentially reduce unemployment in the city and that they
are looking at ways to bring people to our community and discussed issues related to helping
other projects in this area that could be assisted by the development of this site.
Gary Davies, 1241 Glane Court, stated that he has a restaurant across the street from the subject
site and was concerned with traffic signals on 11th Avenue and South Park Avenue being in place
to keep traffic moving. He also discussed having a issue in previous years with parking on the
street by his restaurant for long periods of time and that the city changed it to limited time parking
to address his issues. He had concerns if this development will change this alteration to the
limited on-street parking that currently exists.
Mr. Burich responded that there was not any proposal for any changes to the parking restrictions
that currently exist in this area.
Greg Pierce, Windward Wealth Strategies and Fox Valley Pro Basketball Inc., stated that regarding
the on-site parking, the plan was to charge for parking however they were looking for sponsors to
cover the payment for all parking on-site for a one year period to minimize any negative impact on
the neighborhood. He further stated that they were looking to acquire more area for parking
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Plan Commission Minutes 7 January 17, 2017
purposes as they have 580 stalls now but hoped to be able to obtain about 700 stalls on-site. He
discussed the game times which will be 7-7:30 pm and there would be 24 home dates for games
which will occur on Fridays and Saturdays with the only daytime games held on Sundays. He
added that Tuesday and Thursday night games were also a possibility.
Mr. Thoms questioned what the plan was for the use of the structure if the Milwaukee Bucks
Development League is not successful at this site.
Mr. Pierce discussed costs of the project and that they would be entering into a long term lease.
The D-League is owned by the NBA which is an organization with deep pockets and the scope and
size of the building will be able to host other events. He discussed the seating and courts and the
flexibility available as these features were movable so the venue could function for multiple uses.
He also discussed the net impact of the costs which were $15 million dollars to construct the
facility and that they should be able to make it functional with youth sports events, concerts, trade
expositions and other events and that the D-League basketball is a tenant in the building and not
the only use.
Mr. Burich requested that the developer explain why they preferred this location.
Mr. Pierce discussed how this could be the beginning of redevelopment for this community and
how the basketball venue will assist in spurring other developments in the vicinity. He discussed
that this would be the first phase of development in the Sawdust District and that they were
working with other developers on the Pioneer Inn project and this would be the first step of phases
in the next five to seven years of redevelopment for this underutilized and blighted area of the city.
Mr. Borsuk stated that he was in support of this development and some of the questions raised can
be addressed as the project moves forward and that he felt it could be an anchor development on S.
Main Street. He further discussed how developments such as this assist in making the community
relevant as it increases the attraction to the city with job creation, additional commerce, and
recreational development. He continued discussion regarding similar developments in other
communities and how this type of development was successful.
Mr. Thoms agreed and discussed the quality of life issues that this type of development can
potentially improve and the workforce at his employer and the challenges of attracting employees
to the community. He felt this development was feasible as far as attracting people to want to live
in this area and sports and an anchor development that is not in this area is important to our
community. He further discussed improvements done in Indianapolis that improved the
attraction to the area and invigorated development and population by making it a more desirable
place to live. He felt the city has the infrastructure to support this type of venue and it will further
development in the central city. Storm water issues can be addressed with staff and he felt it
should be a quality development.
Motion by Vajgrt to approve a planned development for a mixed-use arena/event complex for
property located at 1212 S. Main Street with the following conditions:
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Plan Commission Minutes 8 January 17, 2017
1. Base standard modifications from the Zoning Code for the following items:
a. Permit placement of the refuse/mechanical enclosure located within the front yard along East
South Park Avenue.
b. Permit placement of the proposed service/loading area located within the front yard along
East South Park Avenue.
c. Permit an eight foot gate in the front yard for all proposed gated access drives. BSM to
permit a 10 foot increase in the code permitted 20 foot height allowance for parking lot
lighting fixtures.
2. Base Standard modifications from the Access Control Ordinance for the following items:
a. Permit three street accesses along East 11th Avenue and two street accesses along East South
Park Avenue
b. Permit a reduced lateral clearance for all access drives as proposed.
c. Permit backing/maneuvering within the right of way to allow truck traffic to utilize the
proposed service/loading area and refuse enclosure.
d. Permit a 36 foot wide access drive on East 11th Avenue (eastern most driveway) where the
Access Control Ordinance limits the width to 30 feet.
3. Final gate specifications (materials/design) be approved by the Department of Community
Development.
4. Traffic Impact Analysis be submitted by the applicant for the City’s review,
5. Cross Access Agreement with railroad property to permit access to eastern most driveway on South
Park.
6. Fixed in place wheel stops or grade separation required for parking stalls that abut pedestrian
walkways shown between double parking stalls within parking lot.
7. A formal signage plan be required to be brought back through Plan Commission and Common
Council for approval as an amendment to the PD.
Seconded by Thoms. Motion carried 8-0.
There being no further business, the meeting adjourned at approximately 5:02 pm.
(Vajgrt/Cummings)
Respectfully submitted,
Darryn Burich
Director of Planning Services