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HomeMy WebLinkAboutMinutes__________________________________ Plan Commission Minutes 1 August 1, 2017 PLAN COMMISSION MINUTES August 1, 2017 PRESENT: David Borsuk, Jeffrey Thoms, John Hinz, Steve Cummings, Kathleen Propp, John Kiefer, Robert Vajgrt, Michael Ford EXCUSED: Ed Bowen, Thomas Fojtik STAFF: Darryn Burich, Director of Planning Services; Jeffrey Nau, Associate Planner; Brian Slusarek, Assistant Planner; Mark Lyons, Principal Planner; Darlene Brandt, Grants Coordinator; Allen Davis, Director of Community Development; Steve Gohde, Assistant Director of Public Works; Jim Collins, Director of Transportation; Deborah Foland, Recording Secretary Chairperson Propp called the meeting to order at 4:00 pm. Roll call was taken and a quorum declared present. The minutes of July 18, 2017 were approved as presented. (Vajgrt/Hinz) Mr. Cummings arrived at 4:02 pm. I. ACCEPT BUS STOP EASEMENTS AT 375 NORTH EAGLE STREET, 1100 WEST SMITH AVENUE, & 415 JACKSON STREET The City of Oshkosh is requesting acceptance of easements for transit shelters at Oshkosh North High School, Oshkosh West High School, and the Winnebago County Courthouse. Mr. Slusarek presented the item and reviewed each site and the locations of the proposed bus shelters on the site. He discussed the reason for the installation of these bus shelters as well as the sizes and dimensions of these structures. He stated that the placement of the shelters had received approval by the Transit Advisory Board and the Department of Public Works. Mr. Borsuk stated that there was an existing bus stop at the Courthouse and questioned if this was an appropriate place to have a bus stop as it is a very busy street. Jim Collins, Director of Transportation, responded that the item had gone through the Transit Development process and was evaluated and was also a request from community transit users. Mr. Thoms inquired why the West High School shelter was smaller in size. Mr. Collins replied that the standard shelter size was 5’x10’ however they received a bus shelter from Winnebago County for North High School that was a larger size. The other shelters are models they have in stock and a larger shelter may be purchased for West High School in the future. __________________________________ Plan Commission Minutes 2 August 1, 2017 Motion by Vajgrt to approve acceptance of the easements for properties located at 375 N. Eagle Street, 1100 W. Smith Avenue and 415 Jackson Street. Seconded by Ford. Motion carried 8-0. II. EXTRATERRITORIAL FOUR-LOT LAND DIVISION/CERTIFIED SURVEY MAP AT THE 3400 BLOCK OF WEST 9TH STREET ROAD IN THE TOWN OF ALGOMA The petitioner is requesting a four-lot land division/certified survey map from three existing parcels containing a total of 28.781 acres. Sizes of the proposed lots are as follows: Lot 1 = 18.335 Acres Lot 2 = 8.669 Acres Lot 3 = 0.481 Acres Lot 4 = 0.478 Acres Dedicated Public Right-of-Way = 0.818 Mr. Slusarek presented the item and reviewed the site and surrounding area and discussed the purpose for the land division which was to allow for single family residential uses. He further stated that the proposed land division was consistent with the City’s Comprehensive Plan and will not alter the existing land use patterns in the area. He also reviewed the certified survey map and the conditions recommended for this request. Mr. Thoms inquired if each lot was restricted to one driveway or if the restriction was meant for one driveway for all three lots. Mr. Nau responded that the intent was that all three lots could share one driveway as it could be converted to a 60 foot right-of-way for the development of a road as future development occurs on Lot 2. Steve Gohde, Assistant Director of Public Works, stated that the lot configuration with the 60 foot separation between Lots 3 and 4 should be maintained for future right-of-way purposes with cross access for the lots for the time being. He further explained that there cannot be two driveways placed that close together on 9th Street Road. Mr. Thoms then questioned if the certified survey map includes a cross access agreement for Lot 3 and 4 from Lot 2. He also questioned where the right-of-way dedication was located. Mr. Nau responded that the dedication is along the roadway to formally dedicate what is already established right-of-way and that this area of the town is scheduled to be brought into the city in 2023. Mr. Thoms questioned if Lot 3 and 4 meet the minimum size requirements. Mr. Slusarek responded affirmatively. __________________________________ Plan Commission Minutes 3 August 1, 2017 Motion by Thoms to approve an extraterritorial four-lot land division/certified survey map for property located at the 3400 block of W. 9th Street Road in the Town of Algoma with the following conditions: 1. Lots 3 and 4 and adjacent portion of Lot 2 have the zoning changed to R-1 ETZ. 2. Lots 2, 3, and 4 are restricted to one driveway access from 9th Street Road. 3. Cross access agreement between Lots 2, 3, and 4. Seconded by Hinz. Motion carried 8-0. III. RIGHT-OF-WAY VACATION OF ALLEY WEST OF SOUTH MAIN STREET BETWEEN 7TH AVENUE AND 8TH AVENUE The petitioner is requesting the vacation of a 20 foot wide, 180 foot long alley that runs behind properties fronting the west side of the 700 block of S. Main Street. Mr. Slusarek presented the item and reviewed the site and surrounding area and stated that the adjacent properties are owned by the City of Oshkosh Redevelopment Authority and that the vacated area would be added to the sites. He further explained that the Department of Public Works is requesting to allow the City to have the right to maintain existing utility facilities that may be located in the vacated area. Mr. Hinz questioned if there would be a trend to vacate this alley in other locations as it continues along S. Main Street through a number of streets to the south. Mr. Burich responded that the alley to the south provides access to buildings from the alley and therefore it would need to be maintained as it currently exists. Mr. Thoms questioned if the alley area is currently seeded or if pavement would have to be removed following the approval of the vacation. Mr. Slusarek replied that the area is already seeded and is currently a grassed area. Mr. Gohde stated that there was a misunderstanding regarding the City wanting to maintain rights to the vacated area for the purpose of utility facilities and that the intent was for the City to release the rights for the utilities in this location as the City has no utility facilities in that location and to maintain the rights for this area would impede development on the sites. He suggested adding a condition to this request for the release of City utility easements rights within the vacated area. Mr. Hinz questioned if the city was maintaining ownership of the vacated area. Mr. Burich responded that since the adjacent properties on both sides of the vacated area are currently owned by the City’s Redevelopment Authority. the vacated alley would be disposed of to the City to add to the vacant parcels. __________________________________ Plan Commission Minutes 4 August 1, 2017 Motion by Vajgrt to approve a right-of-way vacation of an alley located west of S. Main Street between 7th Avenue and 8th Avenue with the following condition: 1. The release of City utility easement rights within the vacated area. Seconded by Hinz. Motion carried 8-0. IV. ZONE CHANGE FROM UI URBAN INDUSTRIAL DISTRICT TO BP BUSINESS PARK DISTRICT FOR PROPERTY LOCATED AT 1919 BOWEN STREET The applicant requests a zone change from the existing UI Urban Industrial to BP Business Park for property located at 1919 Bowen Street. 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 the purpose of the zone change request which was to allow this parcel to be combined with the other two parcels currently owned by the Oshkosh Area Humane Society. He further stated that the zone change was consistent with the City’s Comprehensive Plan and the proposed use of the property, Mr. Thoms questioned what the zoning designation was for the property to the north of this site. Mr. Nau responded that the property to the north is also zoned BP Business Park District and the zone change on this site will square off the zoning district. Mr. Borsuk inquired if the Humane Society discussed this proposed zone change with the adjacent property owners. Joni Geiger, Executive Director of the Oshkosh Area Humane Society, 75 Lake Street, stated that she had not. Mr. Borsuk then inquired if the City notified adjacent property owners of this action. Mr. Burich responded they had sent meeting notices regarding this matter. Motion by Thoms to approve a zone change from UI Urban Industrial District to BP Business Park District for property located at 1919 Bowen Street. Seconded by Vajgrt. Motion carried 8-0. V. APPROVAL OF A SPECIFIC IMPLEMENTATION PLAN FOR A MULTI-TENANT RETAIL/OFFICE USE LOCATED ON THE 1000 BLOCK OF N. WASHBURN STREET The applicant requests approval of a Specific Implementation Plan for construction of a multi- tenant retail/office use located on the 1000 block of N. Washburn Street. __________________________________ Plan Commission Minutes 5 August 1, 2017 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 stated that a general development plan for the site was recently approved and he reviewed the general development plan and the specific implementation plan site plans. He reviewed the location of the structures and parking stalls and stated that the size of the structures changed slightly since the initial submittal. He also reviewed the accesses, internal circulation, pedestrian walks and parking facilities for the proposed development and explained that the number of parking stalls had been reduced by 25 stalls as requested however the number of stalls still exceeds the range of what would be allowed by code for the development. He also noted that the landscape islands do not meet code requirements and reviewed the signage plans for the monument sign which will be required to meet code requirements. He stated that lighting plans had also not yet been submitted but will be reviewed during the site plan review process to ensure they meet code requirements. A concept landscape plan was reviewed which will also be required to meet code standards and he explained that the storm water management will be handled through directing it to the existing detention basin on the Lowe’s site, He reviewed the building elevations for the two tenant property which meets the architectural design standards and stated that no building elevations had been submitted for either the bank facility or the other tenant structure and would be submitted for Commission review unless the elevations meet the same standards as the structure submitted. He also discussed the location of the dumpster enclosures which will be required to have enhanced landscaping as they would be located within the front yard. He also reviewed the conditions recommended for this request. Mr. Thoms commented that he did not see any dedicated access area for deliveries other than the use of the front entrances of the buildings. Mr. Burich commented that developments for smaller tenant uses should not have any issues with not providing a dedicated loading area for deliveries. Mr. Thoms questioned the wording of condition #3 relating to the base standard modification to permit the parking facilities to exceed the number of stalls allowed by code as he felt it should contain language relating to a cap of no more than 130 stalls. Mr. Nau responded that the site plans depict the number of parking stalls to be at 134 as proposed. Mr. Thoms indicated that the staff report references that four stalls will be removed to accommodate the adjustment to the size of the landscape islands to meet code requirements which should reduce the number of parking stalls to 130 total. Mr. Hinz questioned if the wording in the condition should refer to the minimum or maximum number of stalls. Mr. Thoms stated that the one monument sign would serve the entire development however he questioned if each building would also be allowed to have wall signage on the structure. Mr. Nau responded affirmatively and stated that the wall signage would be required to meet code requirements. __________________________________ Plan Commission Minutes 6 August 1, 2017 Mr. Thoms then questioned the location of the monument sign. Mr. Nau displayed on the site plan the location of the monument sign. Mr. Thoms also questioned if there would be any new accesses from Washburn Street for this development. Mr. Nau responded negatively. Mr. Thoms then commented on the building elevations and that the back sides of the structures need to be aesthetically acceptable as they will be visible from the street. Mr. Nau indicated that the elevations submitted depict faux windows along the Washburn Street side of the structure and reiterated that the building elevations for the second structure will not need to come back for further review and approval if it is similar to the elevations submitted for the two tenant structure. He noted that the elevations of the other structures proposed for the site will come back for further review and approval if they are radically different than the original submission. Mr. Thoms then inquired if the refuse enclosures would be constructed of the same materials as the principal structure. Mr. Burich responded that code requirements state that the materials are not required to be the same materials but similar or compatible to the principal structure. Mr. Thoms stated that he felt the refuse enclosures in this case should be more aesthetically pleasing since they are located within the front yard. Mr. Cummings inquired about the start and end dates for the Phase 1 and Phase 2 developments. Ed Bowen, 601 Oregon Street, stated that Phase 1 will start construction with an April 1st occupancy date therefore construction would begin in September or October and the next structure was anticipated for late spring or early summer. Phase II was anticipated to be under construction next summer for occupancy in fall and the total time frame would be 12 to 14 months however this could be dictated by market demands. He further stated that building elevations will be submitted to the Commission for review as the bank building will be unique and not the same materials as the two tenant building included with this submission. Phase II depicts the maximum size for the buildings which is subject to change and he discussed the factors dictated by the Lowe’s development regarding their requirements for future site development. He indicated that final plans would come back to the Commission for review and approval once more details are available regarding the final build out designs as they are not sure of the size and design of the other structures at this point. He discussed the need for a designated delivery area for the tenants and stated that smaller tenants usually have this function done through the use of the front door and that they have allocated space near the refuse enclosures if necessary however the anticipated __________________________________ Plan Commission Minutes 7 August 1, 2017 tenants are not delivery-heavy type users but low impact tenants that would not require any loading facilities. He explained that he did not know why the landscape islands were not sized correctly on the site plan and this discrepancy would be addressed to correct the issue so they are sized to meet code requirements. In regard to the refuse enclosures, he was agreeable to change the construction materials to identical rather than compatible with the principal structure and they can use as much as the same materials as possible. He further discussed the layout for the site and that they tried to accommodate as much of the current standards for aesthetically pleasing features as possible such as the placement of the parking stalls behind the building and having the back of the structure identical to the front. Mr. Vajgrt left at 4:55 pm. Ms. Propp stated that the site is mounded up with fill dirt and questioned if it will be leveled out. Mr. Bowen responded that it would be leveled off to the best of their ability however some of the fill dirt cannot be disturbed and will be utilized on the site however the slopes will be functional. He also thanked staff for their cooperation with the development plans for this site. Motion by Thoms to approve a specific implementation plan for a multi-tenant retail/office use for property located on the 1000 block of N., Washburn Street with the following conditions: 1) Parcels 16-2175-0000 and 16-2131-0200 shall be combined into one parcel. 2) Westernmost landscape islands shall be increased to the code-required minimum of seven feet wide; 3) Base Standard Modification to permit the parking facilities to exceed 125% of the development’s maximum number of required parking spaces with a limit not to exceed 130 stalls; 4) The landscape bed west of the proposed bank’s drive-through be extended to the south and provide more-intensive landscaping; 5) Base Standard Modification to permit the three proposed dumpster enclosures to be located within the front yard with more-intensive landscaping and constructed with materials of the same type as the principal structure as approved by the Department of Community Development. 6) Architectural elevations for the future bank and Phase II commercial buildings to be reviewed and approved by the Plan Commission. No further review of Phase II commercial building will be required if it is generally similar in appearance to the Phase I commercial building. Seconded by Borsuk. Motion carried 7-0. Mr. Cummings left at 5:05 pm. Motion by Thoms to recess the Plan Commission meeting to open the Extraterritorial Zoning Committee meeting. Seconded by Hinz. Motion carried 6-0. The Plan Commission meeting recessed at 5:05 pm. Motion by Hinz to resume the Plan Commission meeting. __________________________________ Plan Commission Minutes 8 August 1, 2017 Seconded by Borsuk. Motion carried 6-0. The Plan Commission meeting resumed at 5:12 pm. VIA. ZONE CHANGE FROM I INSTITUTIONAL DISTRICT TO SMU-PD SUBURBAN MIXED USE DISTRICT WITH PLANNED DEVELOPMENT OVERLAY FOR PROPERTY LOCATED AT 1860 WISCONSIN STREET The applicant requests a zone change from the existing I Institutional District to SMU-PD Suburban Mixed-Use District with a Planned Development Overlay for a portion of the property located at 1860 Wisconsin Street. Mr. Nau presented the item and explained that the zone change and the following item for the approval of a general development and specific implementation plan were related as the land proposed to be rezoned was to allow for the expansion of the drive-through facility for the McDonald’s restaurant located on the adjacent site. He reviewed the site and surrounding area as well as the land use and zoning classifications in this area and discussed the reason for the zone change request which is to enable the applicant to combine the existing parcel with the portion of the parcel at 1860 Wisconsin Street to be acquired. He stated that the use was consistent with the Comprehensive Plan and the parcels would be combined administratively once the zone change was approved. Mr. Borsuk stated that he had concerns with the size of the parcel proposed for the zone change. Mr. Nau responded that there would be further explanation of the reason for the land acquisition and zone change as part of the next item on the agenda for the approval of the development plan. Mr. Borsuk requested that the next item on the agenda be presented prior to voting on the zone change request. VIB. APPROVAL OF A GENERAL DEVELOPMENT AND SPECIFIC IMPLEMENTATION PLAN AND PLANNED DEVELOPMENT AMENDMENT FOR A DRIVE-THROUGH EXPANSION FOR PROPERTY LOCATED AT 1863 JACKSON STREET (MCDONALD’S) The applicant requests approval of a General Development and Specific Implementation Plans and Planned Development amendment for a drive-through expansion and upgrades for McDonald’s. 1863 Jackson Street. Mr. Nau presented the item and reviewed the sites involved and explained that the current development is on two separate parcels and discussed the expansion of the drive-through facility and reviewed the site plan. He discussed the lot combination which would include all three parcels and reviewed a detailed site plan of the reconfigured drive-through and the addition of six parking stalls on the same side of the parcel. He also discussed the reduced setbacks, the reduction in impervious surface, the current accesses to the site, and the number of parking stalls which __________________________________ Plan Commission Minutes 9 August 1, 2017 exceed code requirements. Signage and lighting plans have not yet been submitted but will need to meet code requirements and will be reviewed and approved as part of the site plan review process. He reviewed the landscape plan and discussed the buffer requirements from the church property as well as the loss of mature trees along the area to be acquired which are proposed to be relocated or replaced. Storm water management plans will be reviewed and approved during the site plan review process and he reviewed the conditions recommended for this request. Mr. Hinz questioned how the church would be able to meet the setback requirements for their parking lot with the disposition of land to the adjacent property where their buffer yard is currently located. Mr. Nau responded that they would have to reduce the paved area abutting the property line during the certified survey map review. Mr. Thoms commented that he felt this would be a burden on the church. Mr. Burich stated that this issue should have been part of the agreement made during the decision to dispose of a portion of their land to McDonald’s, Mr. Thoms stated that he was concerned with the loss of the landscaping along the lot line as they may not provide an adequate buffer with new plantings and the base standard modification to exempt the requirement for a six foot tall privacy fence. He also had concerns with the additional six parking stalls proposed along this property line as he felt this could cause issues particularly with the two to three stalls near the drive access to the north. He felt it would interfere with ingress to the property and create a hazard and he did not see the need for additional parking stalls on the site as it already exceeds the required number of parking stalls. Mr. Nau stated that at the time staff reports were prepared, there was no further information provided by the petitioner as to the necessity of the additional parking stalls. Mr. Borsuk commented that he was more concerned with the parking stalls to the south along this lot line as he felt it would interfere with the vehicles within the drive-through lane. He also voiced his concerns with the side yard maintenance of landscaping as he felt this could be an issue and questioned how staff ensures that the landscaping, once installed, is properly maintained. Steve Kilian, 1722 Clarence Court, West Bend, petitioner for the request, stated that the parking stalls proposed along the lot line were to be used for employee parking and he had no issues with the removal of a few stalls if necessary. He assured the Commission that the landscaping will look good and be well maintained and that they worked closely with the church on these plans for the drive-through expansion. He discussed the issues with the one lane drive-through that they have been experiencing now with traffic backing up into the road which is the reason for the request to expand it to two lanes similar to the other McDonald’s facility in Oshkosh, Joel Rasmussen, 3297 Creek Side Drive, stated that the church had concerns with the green space in the buffer zone between the properties and discussed the two driveway accesses to their parking __________________________________ Plan Commission Minutes 10 August 1, 2017 lot and that the church was planning to sever the parking lot on the east side of the east driveway and extend the parking lot to the south. He further discussed conversations regarding the buffer zone with the petitioner and that they could not move the parking lot any further west than proposed with a variance however he was not aware that the request was moving forward this quickly. Mr. Kiefer questioned if the church utilizes parking stalls on the east side of the lot. Mr. Rasmussen responded affirmatively and stated that the church was proposing to remove the parking stalls on the east side and that the church would still be code compliant with the number of required parking stalls for their use. He further stated that they may not be able to meet the 25 feet of buffer zone but had concerns if the city would not allow it. The church had no issues with the modification to exempt the fencing requirement along the lot line in lieu of the installation of landscaping in that area. Discussion continued on what types of landscaping could be placed in a four foot wide area that would still be considered solid. Mr. Kiefer stated that if the parking stalls on the east side of the lot would be abandoned, it should provide a gain of approximately 18 feet in that area of the parcel. Mr. Rasmussen indicated that it should be more than 18 feet and the church can add landscaping to that side of the parcel to meet the buffer zone requirements. Mr. Burich further discussed the loss of the landscaping buffer and the ramifications that could result for the church to replace this buffer area and recommended to lay the item over for two weeks to give staff, the church representatives, and the petitioner time to address the landscape issues on both sides of the lot line as well as the parking concerns related to the six new stalls along this lot line. Motion by Hinz to lay over the zone change for property located at 1860 Wisconsin Street and general development and specific implementation plan and planned development amendment for a drive-through expansion for property located at 1863 Jackson Street for two weeks. Seconded by Ford. Motion carried 6-0. VII. LAND DISPOSITION OF VACANT PROPERTY AT 1805 JACKSON STREET The petitioner is requesting a land disposition of an approximate 20,000 square foot parcel of vacant land at the northwest corner of Jackson Street and Murdock Avenue. Mr. Burich reviewed the site and surrounding area as well as the land use and zoning classifications in this area. He discussed the issue that this parcel has no access from the street and distributed a potential site plan submitted by the petitioner to the Commission for review. He discussed the site plan and that it encroaches into the setback area as well as that it depicts access from the property to the west of this site as well as the property to the north. He discussed the __________________________________ Plan Commission Minutes 11 August 1, 2017 setback issues with this site plan and that landscaping requirements have not been addressed. He further stated that the proposal could work in some fashion however the parcel is not zoned with a planned development overlay so base standard modifications could not be granted and the petitioner would have to request variances from the Board of Appeals for reduced setbacks. An access agreement would also be required to be obtained from the two adjacent property owners to allow access to the street from this site. The petitioner had submitted photos of other small developed sites however staff was recommending to lay the item over until the Commission meeting of August 15th to provide adequate time to work out details regarding the site plan and access. Mr. Thoms questioned if the petitioner would be able to provide documentation that cross access agreements were in place with the adjacent property owners. Mr. Burich responded that the item could move forward with conditions to provide a revised site plan and evidence of availability of cross access agreements. Mr. Thoms commented that encroachment issues, cross access, landscaping, storm water management are all aspects that need to be addressed. Mr. Burich stated that the developer needs some level of comfort that the Commission would find this development acceptable to enable them to move forward. Mr. Borsuk questioned if there were any concern or study completed on how this development would impact the driveways of adjacent sites. Mr. Burich discussed the proposed building’s size and proposed use of one or two uses with one being a Dominos facility and the area left to maneuver on the site. Mr. Borsuk discussed the negative traffic interaction in this area. Mr. Burich stated that this type and size of facility should not add that many trips as the use would not generate a great deal of incoming and outgoing traffic. Mr. Thoms questioned if a zone change would be considered. Mr. Burich stated that the current SMU Suburban Mixed Use District zoning will stay intact and the only consideration would be to add a planned development overlay to this area or for the developer to request variances from the Board of Appeals. Ms. Propp had concerns with the site lines as the area is not pedestrian friendly now and adding landscaping that is tall along the perimeter could be an issue. Mr. Burich suggested some types of landscape elements that could be utilized. __________________________________ Plan Commission Minutes 12 August 1, 2017 Blake Graves, Texas, stated that their company is the Dominos franchisee in the area and are based out of Minnesota and discussed the number of stores they operate and that they are in the process of upgrading their locations. They felt that this vacant site at this location would be a good place for a new store and he stated that he realizes that the site plan does not include all aspects of the site and that they will probably need variances and easements from adjacent property owners to make this development proposal work. He was looking to ascertain whether the proposed use of the site would be acceptable before proceeding with the land acquisition and any further cost investment. They would like assurances from the city that the land acquisition was possible. Ms. Propp commented that the Commission could not provide any guarantees of approval of a site plan at this point without adequate information. Mr. Graves discussed traffic concerns and the cost of a developed facility at this location and the tax base it would generate. The Commission members reviewed photos of other developments that are located in the community on very small sites. Mr. Borsuk discussed that the he would be happy if there was a way to make a development work on this site for a stand alone business or the property could be sold to an adjacent property owner however any interested parties would need to work with the city on plans for the site. Easements and other concerns could be worked out. Mr. Thoms commented that this development would provide an option for an infill development for this vacant lot and options are limited for this site. Mr. Hinz commented that he felt this use as a Dominos pizza facility would have a low impact on traffic as it would not be a sit-down type of restaurant business. Mr. Graves requested if the Commission could recommend approval for the land disposition so the item could move forward to the Council for approval of the land purchase as two weeks was too short of a period for them to obtain all the items required for the development of a site plan and obtaining the necessary access agreements from adjacent property owners. Mr. Burich commented that language could be added to address these concerns as the city does not want to sell a site that is later determined to be undevelopable and the site plan would have to meet the standards to be approved within the zoning code requirements. He discussed the possibility of approval of the land disposition and a layout of the site being approved at a later date. He further discussed the possibility of approving an option to purchase only. Board discussion ensued on the possibilities of approving this as an option to purchase with contingencies. Mr. Borsuk discussed the issue that the city can have an understanding that we have a party interested in acquiring the site and developing it and that the process needs to move forward. __________________________________ Plan Commission Minutes 13 August 1, 2017 Mr. Burich suggested that the Commission could condition the land disposition on approval of a site development plan and evidence of availability of access from adjacent property owners. The sale could not move forward without these two things. Mr. Thoms discussed the possibility of granting the land disposition conditioned upon these options. Discussion continued on the feasibility of approving the land disposition with conditions. Mr. Gohde stated that an additional condition would be required to ensure that the deed states that there is no access to the roadway from this parcel. Allen Davis, Director of Community Development, stated that we need to have some kind of time frame and he felt it would be best to lay over the request due to the issues with the site plan and access to the site through adjacent properties. He felt a layover of two or four weeks would be appropriate to address setback and access issues. Mr. Thoms discussed showing the petitioner that the city has intent to work with him and his ability to purchase the site if he felt the area was developable. Motion by Ford to layover the land disposition of vacant property located at 1805 Jackson Street for two weeks. Seconded by Thoms. Mr. Borsuk questioned how long the request was being laid over. Mr. Burich responded that it was for two weeks and it could be extended at that time if necessary. Mr. Graves commented that the site plan presented was not the original site plan submitted and he did not feel the need to incur additional costs on preparation of a site plan if they do not have assurance of the land disposition. Phil Langer, Wisconsin Avenue, Neenah, discussed having a level of assurance to go through the contingency period and that a developer wants to tie up the purchase prior to putting any more time and effort into this project. He discussed things from the side of a developer and the costs involved and the legal issues that need to be resolved. He further discussed the reasons that the process should go to the next level without further delays. Mr. Borsuk discussed having discussions with the city and getting an option to purchase on the table and that these options are done with industrial park land and give a developer the ability to have assurance to acquire the property and also have a way out if the project is found to not be able to move forward. Board members continued to discuss the benefits of this option to move the request forward. __________________________________ Plan Commission Minutes 14 August 1, 2017 Mr. Burich suggested that the land disposition could be recommended for approval with conditions that there is an approved site plan by the city, evidence of a cross access agreement with adjacent property owners, and a deed restriction that there is no access to the adjacent right-of- way. He felt that a six month maximum time line should also be applied. Mr. Davis felt that a layover for two weeks to establish a timeline would be more appropriate which would give the city adequate time for their legal department to review this request. Mr. Thoms felt that the Commission should recommend approval of the land disposition with contingencies and let all parties involved work out the details later. Mr, Davis stated that if that was the Commission’s intent. then a time period should be added of 120 days to the option to purchase. Motion by Ford to layover the land disposition of vacant property located at 1805 Jackson Street was withdrawn. Motion by Kiefer to approve a land disposition of vacant property located at 1805 Jackson Street with the following conditions: 1. Approval by the city of a development plan for the site. 2. Evidence of cross access agreements from adjacent property owners. 3. Deed restriction stating that there is no access to the adjacent right-of-way. 4. Time period of 120 days. Seconded by Borsuk. Motion carried 6-0. VIII. REVIEW 2017 ANNUAL ACTION PLAN-COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Staff requests review and acceptance of the 2017 Annual Action Plan for the Community Development Block Grant Program. The purpose of this review is for the Plan Commission to make a determination of consistency that the proposed programs and activities in the 2017 Annual Action Plan are consistent with the City’s 2005-2025 Comprehensive Plan, official maps, or other planned activities of the City. Ms. Brandt presented the item and explained the objectives of the program and stated that the City has been an entitlement community in the US Department of Housing and Urban Development CDBG program since 1976. She further stated that the projects funded by this program must meet one of the following objectives; benefit to low and moderate income persons (LMI), aid in the prevention of slum and blight, or urgent need such as disasters and emergencies. The City’s allocation for 2017 is $761,417 which is broken down into four categories and she explained the __________________________________ Plan Commission Minutes 15 August 1, 2017 projects that would fall under each category. The allocation of funds would be $128,917 for central city redevelopment, $330,500 for owner occupied housing rehabilitation, $50,000 for neighborhood initiatives, $110,000 for public services, and $142,000 for administration and planning. She reviewed photos of completed projects that were funded from these various categories in the past year and the agencies that receive funding through the public services consortium and the breakdown of funding for administration which is to provide staff salaries and training as well as funding for the Fair Housing Center of Northeastern Wisconsin. She further stated that after review by the Plan Commission to make a determination of consistency with the Comprehensive Plan and approval by the Common Council, the Action Plan would be submitted to HUD for approval. Mr. Borsuk questioned if the city would meet the required 70% of funding being spent on low to moderate income, (LMI), activities. Ms. Brandt responded that 90% would be spent on LMI activities. Motion by Borsuk to approve the 2017 Annual Action Plan for the Community Development Block Grant Program. Seconded by Kiefer. Motion carried 6-0. There being no further business, the meeting adjourned at approximately 6:28 pm. (Thoms/Hinz) Respectfully submitted, Darryn Burich Director of Planning Services