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HomeMy WebLinkAboutMinutes__________________________________ Plan Commission Minutes 1 September 19, 2017 PLAN COMMISSION MINUTES September 19, 2017 PRESENT: David Borsuk, Ed Bowen, Jeffrey Thoms, Thomas Fojtik, John Hinz, Steve Cummings, Kathleen Propp, John Kiefer, Michael Ford EXCUSED: Robert Vajgrt STAFF: Darryn Burich, Director of Planning Services; Brian Slusarek, Assistant Planner; Mark Lyons, Principal Planner; James Rabe, Director of Public Works; Allen Davis, Director of Community Development; Deborah Foland, Recording Secretary Chairperson Fojtik called the meeting to order at 4:00 pm. Roll call was taken and a quorum declared present. The minutes of September 5, 2017 were approved as presented. (Propp/Cummings) Mr. Bowen arrived at 4:02 pm. I. THIS ITEM HAS BEEN WITHDRAWN FROM THE AGENDA II. GRANT PRIVILEGE IN THE STREET FOR GROUNDWATER MONITORING WELLS AT EAST CUSTER AVENUE AND GRAND STREET The Sigma Group, Inc., on behalf of Oshkosh Housing Authority, is requesting privilege-in-the- street to allow for installation of three groundwater monitoring wells in City right-of-way. Mr. Slusarek presented the item and reviewed the site and surrounding area as well as the location of the proposed wells. He explained the reason for the installation of the monitoring wells and reviewed the conditions recommended for this request. Mr. Borsuk inquired about who would be responsible for clean up if any environmental impacts were discovered. Mr. Burich responded that he did not know and that this would be a legal question and he would have to look into it. Mr. Thoms commented that the insurance requirements contained in condition #6 are inadequate and should be changed to reflect current standards. He requested that this condition be reviewed and updated to the current standard liability amount. The condition was reviewed and the revised condition #6 reflects the current dollar amount for the liability coverage. __________________________________ Plan Commission Minutes 2 September 19, 2017 Motion by Thoms to approve granting a privilege in the street for monitoring wells at E. Custer Avenue and Grand Street with the following conditions: 1. The groundwater monitoring wells be installed in a manner that is approved by the Department of Public Works with no modifications or changes in construction procedure without prior approval by the Department of Public Works. 2. If no longer needed, the groundwater monitoring wells be properly abandoned and removed in accordance with City standards and under the direction of the Department of Public Works. 3. Any problem that may arise as a result of the placement of the groundwater monitoring wells be the responsibility of the petitioner/owner to correct in coordination with the Department of Public Works. 4. All appropriate permits are obtained prior to the start of placement of the groundwater monitoring wells. 5. The groundwater monitoring wells be modified or removed immediately upon the request of the City. 6. The petitioner/owner secures and submits to the City Clerk a separate insurance policy which names the City of Oshkosh, and its officers, Council members, agents, employees and authorized volunteers as additional insured’s with a minimum commercial general liability coverage of $500,000 per occurrence and $500,000 in general aggregate. 7. 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 street within ten (10) days of notice. 8. The petitioner/owner execute a hold harmless agreement with the City. 9. The facility is part of and documented with Digger’s Hotline system, Seconded by Bowen. Motion carried 8-0. III. RESIDENTIAL DESIGN STANDARDS VARIANCE REQUEST FOR THE PARTIAL CLOSURE OF TWO WINDOWS AT 808 MOUNT VERNON STREET The applicant is requesting approval of a variance from the City’s Residential Design Standards to permit the partial closure of two windows on the front elevation of a single family home located at 808 Mount Vernon Street. Mr. Slusarek presented the item and reviewed the site and surrounding area and discussed the history of the site. He explained that the work was completed without a permit and he reviewed photos of the structure before and after the windows were replaced. He discussed the reason for the smaller window sizes which was because the current size was not a standard available window size and would be too costly to order customized windows to fit the current openings. He stated that it would not adversely affect the structure’s architectural design. the neighborhood character. or curb appeal of the block and reviewed the finding and condition recommended for this request. Mr. Borsuk questioned if the work was done by a contractor or by the home owner. __________________________________ Plan Commission Minutes 3 September 19, 2017 Mr. Slusarek responded that he did not know. Michael Rosenow, 808 Mount Vernon Street, stated that he was the home owner and had completed the renovations himself. Mr. Thoms expressed his frustrations with citizens doing work without the necessary building permits and that he felt that information should be placed in the annual tax bills informing property owners of the requirements of obtaining building permits. He did not want to continue to approve design standards variances for work that was already completed without a permit since if the permit was obtained as required, the issue could have been addressed prior to the work being completed and having to request a variance to allow it. Mr. Borsuk suggested that a placard could also be displayed at local lumber yards and retail facilities that sell building materials to address this issue. Mr. Burich indicated that addressing this issue was a goal of the strategic plan and he could look into placing information in the tax bills however he was not sure about posting information at retail establishments. He continued to explain that not all of these occurrences are intentional but just an oversight on the property owner’s part, Mr. Ford arrived at 4:15 pm. Mr. Thoms continued to discuss his concerns with the issues of work being completed without the necessary permits and not supporting future variance requests that fall under these circumstances. Mr. Cummings questioned if the intended use would be owner occupied. Mr. Rosenow responded that he has lived at this address for the past six years and was planning to move within the next year and had no intentions to rent the home. Motion by Borsuk to approve a residential design standards variance to permit partial closure of two windows at 808 Mt. Vernon Street with the following finding: 1. The variance will not be contrary to the public interest because the reduction of window area will not adversely affect the structure’s architectural design. the neighborhood character. or curb appearance of the block. And the following condition: 1. Flower boxes be placed on the window sills of the subject windows to “break up” the closed off areas. Seconded by Hinz. Motion carried 9-0. IV. THIS ITEM HAS BEEN WITHDRAWN FROM THE AGENDA __________________________________ Plan Commission Minutes 4 September 19, 2017 V. GENERAL DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT REQUEST FOR A DOG DAYCARE AND OVERNIGHT BOARDING AT 3764 JACKSON STREET The applicant requests approval of a General Development Plan and Conditional Use Permit for a dog daycare and boarding use at 3764 Jackson Street. Mr. Lyons presented the item and reviewed the site and surrounding area as well as the zoning classifications and Comprehensive Land Use for this area. He discussed the use as a dog kennel and reviewed the site plan for the development, the removal of the existing home on the site, the addition of fencing and access point to the property. He also discussed conceptual sign and landscaping plans that will be finalized and would be reviewed at the time of the submittal of the specific implementation plan. He further stated that the storm water management plans have not yet been submitted along with the building elevations and refuse enclosure placement which will all be addressed at the time of the specific implementation plan review. He also reviewed the conditions recommended for this request. Mr. Hinz inquired if we would need to add a condition to address the location of the dumpster enclosure. Mr. Lyons responded that this would not be necessary as its placement would have to meet zoning code requirements and would be addressed with the specific implementation plan. Mr. Borsuk questioned if the adjacent property owners were notified about the proposed development. Mr. Lyons replied that both the neighboring property owners and the neighborhood association in this area were notified and the neighborhood association responded that they were in favor of the proposal and no objections have been received from adjacent property owners. Mr. Borsuk questioned if there would be a contamination issue from the dog waste on the site. Mr. Lyons responded that there had not been any discussion on this matter. Mr. Borsuk then questioned if there was a time line for the removal of the existing residential home on the property. Mr. Lyons responded negatively. Mr. Thoms inquired what requirements were placed on the kennel facility on Highway 21. Mr. Burich responded that he did not recall what the conditions were for that request. Mr. Thoms was not sure but thought that there may be a condition requiring a berm between the property and the street and that the dog waste be picked up on a daily basis. He also felt that if the __________________________________ Plan Commission Minutes 5 September 19, 2017 play area for the dogs would be exposed to Jackson Street, we should add a condition to require that slates be added to the fencing for screening purposes as Jackson Street is a main thoroughfare. Mr. Lyons indicated that there would be additional landscaping installed on that side of the development. Mr. Thoms that a berm and more intensive landscaping should be required facing Jackson Street and that the request for the kennel facility on Highway 21 should be reviewed to check on the conditions placed on that request. Mr. Burich stated that fencing is required around a storage area as it is a use that is more objectionable as far as the appearance, however in this circumstance, questioned what the purpose of the screening would be. Mr. Lyons added that we will check into the other development approval for comparison. Mr. Thoms then inquired why we were limiting the amount of animals on the site and if the development had the capacity to house more than what was allowed in the conditions. Mr. Burich responded that the other facility was located in an area that is more commercial in nature and that this site was in closer proximity to residential uses. He discussed the mixed use of the surrounding neighborhood and the need to review the aspects of this use for negative impacts. He explained that the development plan could be amended at a later date to increase the maximum number of dogs on the site if requested. Mr. Bowen questioned if the limitation is on the planned development or the conditional use permit. Mr. Burich responded that it would follow the same process to amend either approval. Mr. Borsuk requested further explanation regarding the fencing along the east property line. Mr. Lyons explained that there is currently a partial fence already in place and the petitioner is proposing to improve sections and add additional fencing to provide adequate screening for the residential uses adjacent to the site. Cassandra Running, 911 Elm Street, Winneconne, stated she was present to answer questions regarding the development. Mr. Borsuk again questioned what the time line was for the removal of the existing residential structure. Ms. Running responded that they would be willing to work with staff on a time line for this however one had not yet been established. She stated that the removal of dog waste would be __________________________________ Plan Commission Minutes 6 September 19, 2017 done on a daily basis and the privacy slates on the fencing facing Jackson Street could be added if the Commission felt it was necessary. Mr. Hinz inquired how the petitioner felt about the condition limiting the number of dogs on the site. Ms. Running commented that they were hoping to expand in the future if the demand is there, however at this point; the maximum allowed dogs was all the site would be able to accommodate at this time. Mr. Hinz then inquired if she was agreeable to leaving this limit in the conditions which would require them to come back to the Commission for an amendment to the development plan to allow for additional dogs on the site if they found the need to expand. Ms. Running responded that this condition was acceptable to her. Ms. Propp commented that the number of dogs could be increased now to avoid having to amend the approval at a later date. Mr. Kiefer questioned if the maximum number of dogs was established as that was all the property could accommodate. Ms. Running replied that this would be the maximum at this time however they would have the ability to expand if the residential home was removed. Mr. Borsuk again asked for a time line for the removal of the existing residential structure. Curt Slife, 5241 Bittersweet Lane, stated that he had obtained an initial quotation of $10,000 for the removal of the home however they did not have adequate financing to cover these costs at this time. He felt that one year may not be adequate time and that a two year time frame would be more feasible. Mr. Bowen stated that a condition should be added to address the removal of the existing residential structure two years from the date of occupancy. Motion by Bowen to approve a general development plan and conditional use permit for a dog daycare and overnight boarding at 3764 Jackson Street with the following conditions: 1. Southernmost driveway shall be removed and restored per Department of Public Works requirements. 2. Driveways and off-street parking areas shall be paved with asphalt or concrete and striped. 3. Maximum of 40 dogs per day be allowed at the daycare facility. 4. Maximum of 30 dogs for overnight boarding/lodging. 5. Removal of existing residential structure within two years from date of occupancy. __________________________________ Plan Commission Minutes 7 September 19, 2017 Seconded by Ford. Mr. Thoms suggested that the Commission still consider slates for the Jackson Street fence as it would be more aesthetically pleasing. Mr. Hinz commented that he did not feel it would be necessary as the fenced play area is located 40 feet from the road. Mr. Bowen agreed that this would be unnecessary as screening was mainly utilized for blocking visibility for something that is objectionable to view. Motion carried 9-0. VI. COMPREHENSIVE LAND USE PLAN MAP AMENDMENT FOR PROPERTY LOCATED ON THE SOUTH SIDE OF STH 91 BETWEEN CLAIRVILLE ROAD AND STH 44 The City has received a request from the applicant to amend its Comprehensive Plan Land Use Map from Industrial to Residential to permit the development of multiple family homes on a 17 acre parcel of undeveloped land located on the south side of STH 91 between 4159 and 4097 STH 91. Due to the broader implications that a land use change to residential only would have for a “spot” area as proposed. Planning staff is proposing a broader land use amendment for the area from Industrial to Commercial Mixed-Use which includes the applicant’s property, The attached maps illustrate the applicant request and the staff initiated proposal for context. Mr. Burich reviewed the background of the Comprehensive Plan Land Use Map and how it was designated and explained the purpose for it. He discussed the zoning ordinance and how it coincides with the land use map and explained the process of amending the Comprehensive Plan and why it is done. He discussed the request received from the petitioner and the City request to initiate a broader land use change, He displayed on the map the area of the petitioner’s request and the area of the City’s proposal and that the petitioner was requesting a change from Industrial to Residential use whereas the City’s proposal was to amend the larger area from Industrial to Commercial Mixed-Use. He discussed the current land uses in this area and that the Commercial Mixed-Use designation was a better land use classification for this area based on the current and potential future uses. He reviewed the map from the 2004 study completed by Foth and Van Dyke when the area was designated for industrial use. He reviewed the Southwest Industrial Park expansion plan map and discussed retaining the area on the western portion for industrial use. He also discussed the benefits of the Suburban Mixed Use District that is a new designation in the City’s zoning ordinance and that residential use will be allowed in the Commercial Mixed-Use land use district with a conditional use permit. He reviewed the land inventory map for industrial-zoned property which reflects that the city has 747 acres of vacant industrial land available. He also reviewed the land inventory map for multi-family residential property which reflects that the city has 241 acres of vacant residential land available and stated that there is more residential development near industrial facilities. He also reviewed a map of the residential land inventory depicting the zoning, number of lots and acres as well as a map of the City __________________________________ Plan Commission Minutes 8 September 19, 2017 recommendation for the Commercial Mixed-Use area and the existing land use designations in the current Comprehensive Plan. He explained that this land use amendment would allow for the set up for future annexations by creating a land use designation that would be conforming to potential uses and would also allow developments to be reviewed by the Commission. Mr. Borsuk questioned if the Ripple Avenue site that was recently approved for a residential multi- family development was already zoned for residential use. Mr. Burich responded that it was already residentially zoned and did not require a land use amendment. Mr. Borsuk then questioned the amount of wetlands in this area and how much was developable land. Mr. Burich replied that a lot of wetlands indicator soils are prevalent in this area and will impact the future development on these properties. Mr. Borsuk inquired if we approve a land use amendment, would we have to also approve the development plan. Mr. Burich responded negatively and stated that the development would require approval of a conditional use permit and the land use amendment was the only action being considered at this time. Mr. Borsuk stated that he was concerned with protecting the Industrial Park area and particularly the transload facility. He questioned if the hours of operation could be obtained and discussed noise issues in off hours and if someone could provide more details on what could be expected with this facility. He voiced his concerns with complaints from less intensive uses and negative impacts on residential properties if allowed to develop in this vicinity as the transload facility is a unique opportunity for the community. Mr. Burich indicated that the city still has a noise ordinance in effect and that the distance between the transload facility site and residential property uses is about a half mile. Allen Davis, Director of Community Development, stated that the amount of distance from the transload site to the area potentially to be affected by the land use amendment should not have a major impact on multi-family dwelling units. He felt that single-family residential uses would be more of a concern regarding noise issues created by industrial uses. Mr. Thoms commented that when the transload facility was approved, none of these issues were in play at that time and that he had concerns with the change in land use that would allow commercial and residential uses considering the products that may be transported by the railroad and may be dangerous. __________________________________ Plan Commission Minutes 9 September 19, 2017 Mr. Davis indicated that he could follow-up with the railroad on details of what would be handled at this facility. Mr. Burich commented that established land uses to the north and west of the transload facility site are in the same proximity as the potential development site. Mr. Thoms stated that he would still like answers regarding the products that would be transported by the railroad. Mr. Borsuk questioned if time was of the essence for this request. Mr. Burich responded that it may be for the developer. Mr. Borsuk discussed the residential encroachment on the industrial area in this vicinity that was due to an agreement with previous city staff and questioned why the city would be less concerned with noise complaints from multi-family residential uses than with single-family uses. Mr. Davis replied that single-family occupants are more concerned with their neighborhood environment and the city does not receive as many complaints from occupants of multi-family residential uses. Ms. Propp discussed the new zoning designations included in the zoning ordinance such as the Commercial Mixed-Use District and what type of impact it may have on the area. She was mainly concerned with any negative impacts that would result from a mixed-use area. Mr. Burich indicated that the mixed-use designation would result in more activity and people in the area however the negative impacts could be more intense from industrial uses than commercial and residential. Ms. Propp questioned what other uses could potentially be there other than the proposed residential development. Mr. Burich listed off allowable uses in this district such as retail or office uses and stated that it would be similar to uses found along Highway 41 other than the added capability of allowing multi-family residential uses. Ms. Propp requested to see on the map the location of the transload facility. Mr. Burich displayed on the map its location. Mr. Thoms questioned if with the Commercial Mixed-Use land designation, would a conditional use permit not be required if it was an approved use for this district. Mr. Burich responded affirmatively. __________________________________ Plan Commission Minutes 10 September 19, 2017 Mr. Thoms then questioned if a multi-family residential development would require a conditional use permit. Mr. Burich responded affirmatively however commercial uses would not all need a conditional use permit. Mr. Thoms inquired if the land use amendment would create nonconforming uses. Mr. Burich responded negatively and stated that nonconforming uses will not exist at this time as this area is not within the city limits and any use would not be nonconforming until such a time that the land would be annexed into the city. Mr. Thoms then inquired if we would be creating issues for the existing uses already established in this area. Mr. Burich responded negatively and stated that this action would make the land use plan consistent with the current uses in this area. Mr. Lyons added that since this area is not in the city, any property would have to be rezoned at such a time that it is annexed into the city. Mr. Thoms also inquired if the area designated as Business Park zoning would change due to this action. Mr. Burich responded negatively and indicated that we would be lining up underlying zoning districts with the current uses. Mr. Thoms then asked if the multi-family development will have to be annexed with a zoning designation of SMU-PD. Mr. Burich responded affirmatively unless the development would be done within the town in which case it would be under town zoning designation however this will not happen as the development will not occur without the provisions of city services. Mr. Borsuk discussed the location of the transload facility and the effects of residential and commercial development in this area that could be negatively impacted. Jason White, Greater Oshkosh Economic Development Corporation, stated that the industrial development committee was asked to weigh in on the petitioner’s request for support and concerns were expressed by the committee but no vote was taken on the matter. They discussed the possibilities of the industrial park land and had no objections to the residential use of that portion of land proposed by the petitioner but did not discuss the larger area proposed by the city. He further stated that this project does not impede anything in the industrial park and there was a need to expand the quality of life in the community by providing more multi-family and single- family housing units so people working in Oshkosh could also live in the community. He __________________________________ Plan Commission Minutes 11 September 19, 2017 supported the petitioner’s request for the land use amendment of the area they requested but will not weigh in on the larger area proposed by the city. Mr. Borsuk again questioned if the transload facility will have any negative impact on the mixed uses that could develop in this area if the land use designation was changed from industrial. Mr. White responded that he had concerns with the land use amendment going further to the west and discussed the wetlands in this vicinity that would hinder development in some areas and the wetlands that were located directly to the west of the proposed development site creating a barrier for land use of this portion of property. Mr. Thoms discussed the letter submitted by the Wisconsin & Southern Railroad Company as he felt it was confusing however it appeared that they did not support any zone changes of land to the west. Mr. White indicated that he cannot speak for the railroad however it was his understanding that they desired to protect the industrial land without impacting the residential use. Andy Janke, 1031 W. 10th Avenue, stated that he was neutral on this issue as he did not see any problem with the proposed residential development however he was on the fence due to the residents in the vicinity that may be opposed to the change. He continued to discuss past developments in this area that had not had any negative impacts on the vicinity in the long term. Jacqui Miller, S.C. Swiderski, 401 Ranger Street, Mosinee, representing the petitioner for the request, stated that they supported the recommendation in the staff report for a broader land use amendment as it protects the area and land use and creates a good buffer area between the industrial use and the single-family uses. Mr. Borsuk questioned what the time line was for the proposed development. Ms. Miller responded that she has been in contact with the city and the real estate developer and discussed their company’s development of multi-family housing projects in other communities that are located in close proximity to industrial uses. She continued the discussion regarding their methods of buffering noise issues that have been successful. Mr. Borsuk inquired if their intent was to be in the ground this season or next year. Ms. Miller replied that they were looking at spring of 2018 or by the end of that year however they cannot start the process of finalizing any development plans until the land use amendment issue has been resolved. Mr. Borsuk questioned if they would be able to provide additional sound proofing to prevent issues with the railroad use. Ms. Miller responded that they can work with the city on this matter. __________________________________ Plan Commission Minutes 12 September 19, 2017 Mr. Hinz discussed the concerns regarding the sound proofing issues and that he lived in the city near the railroad yard as a child and the noise issues are not as bad as perceived. Mr. Thoms commented that the land use amendment is the only issue being considered at this time and he had no concerns with it and details related to future development projects will be reviewed at the time of submission. He did not see a down side to changing the land use in this area to commercial mixed-use as the city seems to have a surplus of industrial land. He discussed the statistics of residential and retail uses in this area and felt that it made sense and he would support the broader land use amendment proposed by the city. Mr. Borsuk stated that instead of using Global Parkway as delineation for the land use that we should use another line further to the east and reduce the proposed commercial mixed-use area that is currently proposed. He felt the land use to the west could be amended to commercial at a later date after we see what kind of potential development occurs. Mr. Thoms disagreed and stated that he does not see any reason to protect more area for industrial use as the city has an excessive amount of industrial land now. Board discussion continued on where the line should be drawn for the land use amendment and that the buffer area would be larger with the proposed city request. They further discussed the land to the west of the proposed development site which did not appear to be developable due to the presence of wetlands and how the barrier line was chosen. It was the consensus of the Commission that the road created a natural barrier dividing the industrial designation from the commercial mixed-use designation. Motion by Kiefer to approve a Comprehensive Land Use Plan map amendment from industrial to commercial mixed-use for property located on the south side of STH 91 between Clairville Road and STH 44. Seconded by Hinz. Motion carried 7-1. (Nay-Borsuk) Mr. Bowen left at 5:38 pm. VII. PUBLIC HEARING: 2018 CAPITAL IMPROVEMENT PROGRAM Staff requests review and acceptance of the 2018 Capital Improvement Program (CIP). The purpose of this review is for the Plan Commission to make a determination of consistency of the proposed programs and activities in the 2018 CIP with the City’s Comprehensive Plan. official maps, or other planned activities. Mr, Borsuk discussed the age of some of the city’s infrastructure and questioned the reason to replace the pump station’s underground storage tank rather than pipe it with natural gas. __________________________________ Plan Commission Minutes 13 September 19, 2017 James Rabe, Director of Public Works, responded that the generator for this facility was just replaced in the past few years and therefore changing to natural gas was not practical at this time. Mr. Thoms questioned if the expenditures would be under the cap that was imposed by the Common Council. Mr. Rabe responded affirmatively and stated that the proposed expenditures should balance out to the cap amount. Mr. Borsuk discussed the importance of controlling storm water runoff in the community and questioned what the city is doing in respect to designing mitigation factors to address these issues. Mr, Rabe discussed the city’s containment policies for storm water runoff mitigation, Mr. Thoms questioned the Safe Drinking Water Loan Program and how it functioned. Mr. Rabe explained the program and how it functions including details on the difference between loans and bonds and that there was money in the Capital Improvement Program related to this in 2018, 2019 and 2020. Motion by Borsuk to accept the 2018 Capital Improvement Program with the determination of consistency with the City’s Comprehensive Plan. maps. or other planned activities, Seconded by Thoms. Motion carried 7-0. PLANNING DIRECTOR’S REPORT Town of Algoma Zone B Attachments Mr. Burich discussed the Zone B attachments from the Town of Algoma and displayed the area affected in this round of planned attachments from the town to the city. He stated that it would include several hundred properties and would be proceeding to the Common Council later this year. He discussed the area to be attached with Zone B and when future attachments will take place. Property owners will be notified regarding this action and should already be aware of the upcoming attachments as this process has been underway for over a decade as part of the boundary agreement between the Town of Algoma and the City. Board discussion ensued on the location of the attachments and the impact on the property owners. There being no further business, the meeting adjourned at approximately 5:52 pm. (Hinz/Kiefer) Respectfully submitted, Darryn Burich Director of Planning Services