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HomeMy WebLinkAboutMinutes__________________________________ Plan Commission Minutes 1 October 3, 2017 PLAN COMMISSION MINUTES October 3, 2017 PRESENT: David Borsuk, Ed Bowen, Jeffrey Thoms, Thomas Fojtik, John Hinz, Steve Cummings, Kathleen Propp, John Kiefer, Robert Vajgrt, Michael Ford EXCUSED: none STAFF: Darryn Burich, Director of Planning Services; Brian Slusarek, Assistant Planner; Mark Lyons, Principal Planner; Jeffrey Nau, Associate Planner; Steven Wiley, Assistant 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 September 19, 2017 were approved as presented. (Propp/Hinz) I. ACCEPT EASEMENT AT 551-593 OAK STREET The City of Oshkosh is requesting acceptance of a lintel easement to allow for restoration/installation of a historical lintel at 551-593 Oak Street. Mr. Slusarek presented the item and reviewed the site and surrounding area as well as the area for the lintel placement. He discussed the size of the lintel and the easement area at the northwest corner the of subject site to be used for the purpose of the display of the historical lintel and reviewed a photo it. Mr. Bowen arrived at 4:02 pm. Mr. Thoms inquired if there was any feedback from the property owner regarding its placement on his property. Steven Wiley, Assistant Planner, stated that he was the staff liaison that worked with the Landmarks Commission and discussed that the Commission had been working on the relocation of the historic lintel to preserve its history. He further stated that they had worked with both the property owner and the condominium association president regarding this matter and both were in agreement with the relocation and easement area for its placement. Motion by Vajget to approve acceptance of an easement at 551-593 Oak Street. Seconded by Borsuk. Motion carried 8-0. II. EXTRATERRITORIAL TWO-LOT LAND DIVISION/CERTIFIED SURVEY MAP AT 5000 BLOCK COUNTY ROAD A IN THE TOWN OF OSHKOSH __________________________________ Plan Commission Minutes 2 October 3, 2017 The petitioner is requesting a two-lot land division/certified survey map from one existing 14.05 acre parcel. Sizes of the proposed lots are as follows: Lot 1 = 7.608 Acres Lot 2 = 6.448 Acres Mr. Slusarek presented the item and reviewed the site and surrounding area and discussed the current use of the property and the purpose of the land division. He stated that there were no immediate plans for the sale and development of the newly created lots and the land division would not alter the existing land use patterns in the area and was consistent with the City’s Comprehensive Plan. He also reviewed the certified survey map for the request. Mr. Thoms questioned if Lot 2 was sold, would there be adequate space on the lot for ingress/egress purposes to the roadway. Mr. Burich responded that this was an issue to be determined by Winnebago County and the Town of Oshkosh as this was an extraterritorial land division and the zoning ordinance for these entities would have jurisdiction regarding these details. Steve Gohde, Assistant Director of Public Works, stated that access to County Road A is restricted to one area that is a shared driveway and is depicted on the certified survey map. Motion by Vajgrt to approve an extraterritorial two-lot land division/certified survey map at the 5000 block of County Road A in the Town of Oshkosh. Seconded by Borsuk. Motion carried 8-0. III. THIS ITEM HAS BEEN WITHDRAWN FROM THE AGENDA IV. FINAL PLAT – BRISTOL SQUARE SUBDIVISION The applicant is requesting approval of a 17 lot land division/Final Plat from two existing parcels containing a total of 52.59 acres. The proposed lots are as follows:  Lots 1 - 9 = Single-Family Lots (sized from 7,200 sq. ft./0.165 acres – 12,306 sq. ft./0.283 acres)  Lots 10 -14 = Two-Family Lots (sized from 11,040 sq. ft./0.253 acres – 17,920 sq. ft./0.411 acres)  Lot 15 = Multiple Family Lot (1,744,979 sq. ft./40.06 Acres)  Outlot 1 = Undevelopable Wetlands (168,102 sq. ft./3.86 acres)  Outlot 2 = Proposed Parkland Dedication (140,043 sq. ft./3.21 acres)  Approximately 2.26 acres of right-of-way dedication for Western Drive/Gabert Field Drive 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 previous approvals of the preliminary plat and planned development and reviewed the site plan for the plat. He discussed the layout of the plat and reviewed the location of the single-family, two-family, and multi-family uses on the site as well as the undevelopable wetland area and proposed park land. He stated that the plat complies __________________________________ Plan Commission Minutes 3 October 3, 2017 with the zoning ordinance and reviewed the road layout and connections to the right-of-way. He discussed the option of park land dedication of land or the payment in lieu of land dedication. The developer opted to dedicate the land however this still requires approval by the Advisory Park Board. He also discussed the sanitary sewer and other easements on the property and stated that city services were available to serve the development. Storm water plans are being reviewed by the Department of Public Works and the Oshkosh Police and Fire Departments and the school district have no concerns with providing services to the site. He also discussed the street lighting and terrace tree plans for the development and reviewed the conditions recommended for this request. Mr. Borsuk questioned if there was going to be access to the north of the subject site. Mr. Nau responded that Jackson Street would have a dedicated access to the site which would be the only access initially and the Wisconsin Department of Transportation, (DOT), has approved the connection to Jackson Street with the stipulation that the connection of Norton Avenue to Jackson Street would be closed. Mr. Borsuk commented that the site would only have one access to Jackson Street and access to the residential neighborhood if and when the connection is established. Mr. Thoms questioned if the development would have sidewalks installed. Mr. Nau responded affirmatively. Mr. Thoms then questioned if the development of the temporary cul-de-sac should be included as a condition for this request. Mr. Nau replied that this would not be necessary as the cul-de-sac is shown on the final plat. Steve Gohde, Assistant Director of Public Works, stated that the developer has requested that the sidewalk not be installed adjacent to one area of the plat designated as Outlot 1 which is the undevelopable wetland area however it would be installed on the opposite side of the street in this area. Motion by Vajgrt to approve a final plat for the Bristol Square Subdivision with the following conditions: 1. A street lighting plan will be submitted and approved by the Electric Division and Department of Public Works prior to Final Plat acceptance by the City. 2. Submitted terrace tree plan will be reviewed by the Forestry Division and the Departments of Community Development and Public Works after approval of storm water and street lighting plans. 3. Park dedication of Outlot 2 is accepted by the Advisory Park Board. If not accepted, payment -in-lieu of dedication will be required. 4. Portion of unneeded eastern sanitary sewer easement shall be released as approved by the Department of Public Works. __________________________________ Plan Commission Minutes 4 October 3, 2017 Seconded by Bowen. Mr. Borsuk voiced his concerns with the problems that could arise with the intensity of the development and no secondary road connection to the right-of-way. He felt that the developer should pay for the construction of the road connection to the subdivision to the south now to provide another access point. Mr. Burich responded that the connection from the development to Western Drive was not to be established until such a time that 70% of the subdivision was annexed into the city per an agreement negotiated with the Town of Oshkosh. He discussed the initial plans to connect the new subdivision with Norton Avenue which was not acceptable to the town and that the plans for the preliminary plat were approved by both the Plan Commission and Common Council based on previous discussions and negotiations. He further stated that the developer was not deviating from the approved prelimi nary plat and planned development that was also approved by both entities in the past and that this was not the time to request changes to the previous approved plans. Discussions took place with the Oshkosh Fire Department as well as the DOT and no concerns with the access were indicated from either of them regarding this matter and that the connection to Western Drive will be established at some point in the future. Mr. Thoms agreed with Mr. Borsuk that the development should have an alternate access point and that he recalled that the access to Jackson Street from Norton Avenue was to be closed to allow an additional access to the north of that intersection for this development however he felt that there would be too much traffic coming from the subdivision to Jackson Street without a secondary access point and was concerned about the impact on future development along Jackson Street. Mr. Burich responded that this aspect of the development was negotiated with the Town of Oshkosh to not have the traffic accessing through their subdivision on Norton Avenue to the south and was also discussed and approved by the DOT. Mr. Ford arrived at 4:29 pm. Mr. Nau added that the development would have access to Jackson Street initially and eventually an access to the north to Snell Road when this connection can be established. Mr. Borsuk inquired how many units would be in the multi -family development. Mr. Nau responded that it would be 140 units. Mr. Burich reiterated that these issues were reviewed previously and approved as part of the preliminary plat and that the State and emergency services providers have no issues with the access to the development. Mr. Bowen commented that he would be more concerned with two accesses to Jackson Street in such close proximity and that extending the traffic from this development through Norton Avenue is more objectionable. He discussed other subdivisions in other communities that are similar to this development and that the single access point is in the worse case scenario an inconvenience to the people living there, however he did not feel that it created a dangerous situation. Mr. Thoms continued to discuss the Jackson Street access and issues with traffic concerns particularly with the potential for more development to occur in this area within the next 10 to 15 years. __________________________________ Plan Commission Minutes 5 October 3, 2017 Mr. Burich again discussed that the State has control of the number of access points to Jackson Street as it is a designated highway and they do not have concerns with the layout and access for this devel opment. Motion carried 6-2-1. (Ayes-Bowen/Fojtik/Hinz/Propp/Kiefer/Vajgrt. Nays-Borsuk/Thoms. Abstained-Ford) V. ZONE CHANGE FROM SMU SUBURBAN MIXED USE DISTRICT TO SMU-PD SUBURBAN MIXED USE DISTRICT WITH PLANNED DEVELOPMENT OVERLAY AND APPROVAL FOR A GENERAL DEVELOPMENT PLAN AND SPECIFIC IMPLEMENTATION PLAN FOR PROPERTY LOCATED AT 3001 S. WASHBURN STREET The applicant requests a zone change from the existing SMU Suburban Mixed Use District to SMU- PD Suburban Mixed Use District with a Planned Development Overlay and approval for a General Development Plan and Specific Implementation Plan for 3001 S. Washburn Street. Mr. Lyons 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 the request was being made at this time to allow for the replacement of the existing electronic message center (EMC) sign on the site with a new larger EMC and that the zone change to add the planned development overlay would allow for other potential modifications to the site in the future. He reviewed the conditions recommended for this request and stated that it only addresses the larger EMC sign at this time. Mr. Cummings arrived at 4:40 pm. Mr. Thoms inquired how large the sign would be compared to the EMC at Bergstrom’s. Chad Defenbaugh, Watchfire Signs, responded that the EMC sign for Bergstrom’s was 14x48 feet or 672 square feet total in size and the proposed EMC sign for this request would be 288 square feet. Mr. Lyons added that the lighting and other features for the proposed sign will need to meet the zoning ordinance requirements. Mr. Thoms questioned if the requirements for dimming the lighting of the sign during evening hours was met. Mr. Lyons responded affirmatively. Motion by Vajgrt to approve a zone change from SMU Suburban Mixed Use District to SMU-PD Suburban Mixed Use District with a Planned Development Overlay and a general development plan and specific implementation plan for property located at 3001 S. Washburn Street with the following condition: 1. Base standard modification to allow the proposed 288 sq. ft. EMC to exceed the 100 sq. ft. maximum allowed. __________________________________ Plan Commission Minutes 6 October 3, 2017 Seconded by Borsuk. Motion carried 9-0. VI. RESIDENTIAL DESIGN STANDARDS VARIANCE REQUEST FOR AN ADDITION WITH LESS THAN 25% OF THE FRONT FAÇADE AND LESS THAN 15% OF THE FIRST 20 FEET OF A SIDE FAÇADE DEVOTED TO WINDOW AND DOOR AREA AT 1319 BAY SHORE DRIVE The applicant is requesting approval of a variance from the City’s Residential Design Standards to permit an addition along the east side of the existing single family home located at 1319 Bay Shore Drive. Mr. Lyons presented the item and reviewed the site and surrounding area as well as photos of the existing home and discussed the architectural style of it. He explained that the property owners wanted to maintain the architectural style of the home and reviewed the site plan and elevations for the proposed addition. He reviewed a graphic detailing the percentage of window openings on the existing and proposed addition and explained that the reduction in window openings on the addition would be similar to the current structure but less than what is allowed by code standards. He reviewed the finding for the request that the addition will be consistent with the architectural style and will not adversely affect the structure’s architectural design, the neighborhood character, or curb appeal of the block. There was no discussion on this item. Motion by Thoms to approve a residential design standards variance for an addition with less than 25% of the front façade and less than 15% of the first 20 feet of a side façade devoted to window and door area for property located at 1319 Bay Shore Drive with the following finding: 1. The variance will not be contrary to the public interest because the addition will be consistent with the architectural style and will not adversely affect the structure’s architectural design, the neighborhood character, or curb appearance of the block. Seconded by Vajgrt. Motion carried 8-0-1. (Abstained-Borsuk) VII. RESIDENTIAL DESIGN STANDARDS VARIANCE REQUEST FOR AN ADDITION TO EXCEED 50% OF THE EXISTING PRINCIPAL STRUCTURES’S FOOTPRINT AT 1203 W. 11TH AVENUE The applicant is requesting approval of a variance from the City’s Residential Design Standards to permit an addition along the south and east sides of the existing single family home located at 1203 W. 11th Avenue. Mr. Lyons presented the item and reviewed the site and surrounding area and other structures in the near vicinity as well as photos of the existing home. He discussed the proposed addition to the structure which would include additional living space and an attached garage. He reviewed the __________________________________ Plan Commission Minutes 7 October 3, 2017 site plan and elevation for the proposed addition and explained that the applicant has added some window openings to meet code requirements. The proposed addition would not be out of character in size compared to neighboring properties and reviewed the finding for this request that the addition will be consistent with the architectural style and scale of the area and will not adversely affect the structure’s architectural design, the neighborhood character, or curb appearance of the block. Ms. Propp inquired if the amount of window openings met code standards. Mr. Lyons responded that the original request did not meet the code requirements, however he worked with the petitioner who was willing to alter the plans to add window openings which would meet the code standards. Motion by Vajgrt to approve a residential design standards variance for an addition to exceed 50% of the existing principal structure’s footprint at 1203 W. 11th Avenue with the following finding: 1. The variance will not be contrary to the public interest because the addition will be consistent with the architectural style and scale of the area and will not adversely affect the structure’s architectural design, the neighborhood character, or curb appearance of the block. Seconded by Hinz. Motion carried 9-0. VIII. FINAL PLAT – THIRD ADDITION TO CASEY’S MEADOW SOUTH The applicant is requesting approval of a final plat containing 20 single family lots and right-of- way identified as the Third Addition to Casey’s Meadow South. The 6.569 acre plat is zoned SR-5 Single Family Residence - 5 District. An overall preliminary development and final plat (20 lots) was approved for this development in 2005 followed by the First Addition (12 lots) in 2008 and Second Addition (24 lots) in 2012. 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 approval of the previous plats in this vicinity and that this addition to the plat was consistent with the Comprehensive Plan. He reviewed a copy of the proposed final plat which is consistent with the approved preliminary plat and meets the requirements for lot sizes and dimensions. He also discussed the road connections for the newly developed lots and stated that the developer has opted to pay the park land dedication fee in lieu of the land dedication. He discussed the terrace tree and street lighting plans which will be submitted at a later date and the storm water management plans are in the process of being reviewed by the Department of Public Works. The Oshkosh Police and Fire Departments as well as the school district have no concerns with providing services to the development and he reviewed the conditions recommended for this request. Mr. Kiefer questioned if there were any concerns with the lack of park land in this area and that the Westhaven Park was the only park land in this vicinity. __________________________________ Plan Commission Minutes 8 October 3, 2017 Mr. Burich discussed the lack of park land in this area and that the Parks Department did not feel the need for park space in this location. He stated that staff will have to work with the Parks Department to acquire land in the future to meet the need for recreational space in this vicinity. Mr. Thoms questioned who starts the process to map areas for park purposes. Mr. Burich responded that it would be the Advisory Park Board that would initiate the process and determine the areas to be mapped for park development and the Commission would approve the mapping in conjunction with the Park Board. He continued discussion in relation to the plat for Bristol Square and the Ripple and Oregon development which both opted to dedicate park land area instead of the fee. Mr. Kiefer discussed that there was an attempt to develop plans for the Sawyer Creek area park space and it was currently in process however the Carl Traeger site was more frequently used as park area now however that was school district property and not a public park space. Mr. Thoms discussed the issue that the city is approving pockets of development without approving the associated amenities to go with them. Mr. Burich explained that there is some difficulty to completing mapping of areas for park purposes and that the city needs to be more aggressive regarding this matter. He felt that we should consider holding a joint session with the Advisory Park Board regarding this issue. Ms. Propp commented that she felt that the city has low park dedication fees in lieu of the land dedication and that the fees should be increased to a higher amount. She did not feel that the city makes parks a high priority as far as development. Mr. Burich explained that the park land dedication fee is not an impact fee. The payment in lieu of land dedication was also not able to be collected for some time due to a change in state regulations. Mr. Borsuk commented that the point of view was to collect funds in lieu of land dedication for some time now and the Advisory Park Board needs to work on developing appropriate park land with neighboring property owners and developers in the future. Mr. Bowen questioned if it would be possible to have the preliminary plat included in the staff report for future final plats to avoid confusion on what was previously approved. Motion by Vajgrt to approve a final plat for the third addition to Casey’s Meadow South with the following conditions: 1. A terrace tree plan will be submitted and approved by the Forestry Division and Department of Community Development prior to Final Plat acceptance by the City. 2. A street lighting plan will be submitted and approved by the Electric Division and Department of Public Works prior to Final Plat acceptance by the City. __________________________________ Plan Commission Minutes 9 October 3, 2017 Seconded by Borsuk. Motion carried 9-0. IX. APPROVAL OF A SPECIFIC IMPLEMENTATION PLAN AMENDMENT FOR PLACEMENT OF AN ELECTRIC VEHICLE CHARGING STATION AT 2415 WESTOWNE AVENUE (FESTIVAL FOODS) The applicant requests approval of a Specific Implementation Plan amendment to allow placement of a Tesla supercharging station within the existing Festival Foods parking lot located at 2415 Westowne Avenue. 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 previous planned development approvals for the site and this amendment was consistent with the City’s Comprehensive Plan. He discussed the charging stations to be added in the existing parking lot and displayed on the site plan the location of the parking stalls to be utilized for this purpose. He discussed the use of the stations and how they would function and reviewed the site plan and the existing conditions of the parking lot. The installation of these charging stations would result in the removal of three existing trees which would be replaced in other areas on the site. He reviewed the layout of the stalls and related equipment and discussed the base standard modification required for the placement of the related equipment within the setback area. He also discussed the access, circulation, and number of parking stalls on the site and indicated that this installation would not have any negative impact on the site. He explained that there would be signage and lighting on the parking stalls to identify the designated use and he reviewed the landscape plan for screening purposes. He discussed that landscaping would be utilized in place of fencing for screening purposes and reviewed photos of the charging stations and examples of their installation with the landscape hedgerow for reference. He explained the concerns with the close proximity of the landscaping to private underground utilities which is addressed in the conditions recommended for this request. He stated that the installation of the stations would have no affect on storm water management requirements and he reviewed the conditions recommended for this request. Mr. Thoms questioned what the reason was for the 25 foot setback requirement for the placement of the utility equipment such as a safety issue or if it had some other relevance. Mr. Nau responded that the setbacks were in place for a combination of reasons such as impervious surface, preservation of green space along the right-of-way, and stacking ability in some cases depending on its location. Mr. Thoms then questioned why we were willing to approve a reduced setback in this case and not for other utility structure placements. Mr. Burich discussed setbacks requirements in more detail and that it was more relevant to the placement of building structures than for this type of use. __________________________________ Plan Commission Minutes 10 October 3, 2017 Mr. Thoms also questioned if the Fire Department had reviewed this request and had any concerns regarding the placement of these utility cabinets that close to the right-of-way as it could present a safety issue. Mr. Burich responded that the Fire Department reviews all requests and did not express any concerns regarding the placement of the utility equipment within the setback area. Mr. Nau added that Wisconsin Public Service has transformers located on Westowne Avenue within the right-of-way with no screening so this issue should not be a concern for this request. Mr. Bowen discussed the requirement of landscape screening for the charging stations and the relocation of trees to allow for the use and that license agreements may apply in this circumstance. His concern was what would happen if the lease agreement is terminated for this use and what would happen to the landscaping screening installed for a use that is no longer present on the site. Mr. Burich replied that a condition could be placed on the request to require that if the use is terminated, that the landscaping would have to be restored to its previous condition. Motion by Vajgrt to approve a specific implementation plan amendment for placement of an electric vehicle charging station at 2415 Westowne Avenue with the following conditions: 1) Base standard modification to allow placement of utility equipment not less than 12 feet from the right-of-way of N. Westhaven Drive whereas 25 feet is required; 2) The three trees identified to be removed shall be replaced with the same or similar species on the site as approved by the Department of Community Development; 3) A total of eight charging stations may be constructed, six with the initial phase and two additional stations as needed; 4) Verification that the location of the proposed vegetative screen will not interfere with existing private underground utilities. Mr. Thoms felt that a condition could be added to the request to require the removal of the utility box if the use is discontinued. After further discussion, a condition was not added to address the removal of equipment or restoration of landscaping if the use was terminated. Seconded by Borsuk. Mr. Borsuk felt that the use would be more beneficial if it utilized a universal plug in that would be able to charge other vehicles other than Tesla automobiles. Mr. Nau explained that it is not an issue that can be addressed by Tesla as other vehicles could use these charging stations if automobile manufacturers would be willing to change to universal charging systems that would be applicable to any electric vehicle. __________________________________ Plan Commission Minutes 11 October 3, 2017 Motion carried 8-0-1. (Abstained-Bowen) There being no further business, the meeting adjourned at approximately 5:25 pm. (Vajgrt/Hinz) Respectfully submitted, Mark Lyons Principal Planner