HomeMy WebLinkAboutMinutes PLAN COMMISSION MINUTES
March 20,2018
PRESENT: Ed Bowen, Thomas Fojtik,John Hinz,John Kiefer, Thomas Perry, Kathleen Propp
EXCUSED: David Borsuk, Steve Cummings,Michael Ford,Andrew Mott, Robert Vajgrt
STAFF: Darryn Burich, Planning Director;Mark Lyons, Principal Planner;Jeff Nau,
Associate Planner;Brian Slusarek, Assistant Planner;Andrea Flanigan and Mina
Kuss, Recording Secretary; Ray Maurer, Parks Director
Chairperson Fojtik called the meeting to order at 4:00 pm. Roll call was taken and a quorum
declared present.
The minutes of March 6, 2018 were approved as presented. (Propp/Kiefer)
Mr. Bowen arrived at 4:03 PM.
I. STREET RIGHT-OF-WAY DEDICATION AT 2175 &2187 W.9TH AVENUE
The petitioner requests the acceptance of street right-of-way on the south side of W. 91h Avenue.
Mr. Nau presented the item and reviewed the site and surrounding area. The City of Oshkosh is
requesting the dedication of approximately 1,823 square feet of right-of-way along the frontage of
2175 and 2187 W. 9th Avenue. This dedication was initiated by the recent recording of Certified
Survey Map Number 7329 which included area to make W. 9th Avenue an 80-foot right-of-way.
The city's Comprehensive Plan recommends arterial-classed streets, which includes W. 9th
Avenue,have right-of-way widths of 80 feet. The wider width from 66 feet to 80 feet is to
accommodate four-lane streets while providing public sidewalks and ample terrace area for terrace
trees and snow storage.
Ms. Propp questioned if future properties on the south side will be asked to dedicate the right-of-
way as well.
Mr. Nau responded that if the street is reconstructed in the future, the City may approach property
owners to dedicate additional right-of-way to get the full 80-foot-right-of-way. Currently, W. 9th
Avenue does not have the full 80-foot-right-of-way.
Mr. Burich stated that ideally the street should be officially mapped. This is the appropriate time to
dedicate the right-of-way because of the land division.
Motion by Perry to approve the street right-of-way dedication at 2175&2187 W. 9th Avenue.
Seconded by Hinz. Motion carried 6-0.
Plan Commission Minutes 1 March 20,2018
II. REZONE OUTLOT 1 OF CERTIFIED SURVEY MAP (CSM) 7330 FROM
INSTITUTIONAL (I) TO CORPORATE BUSINESS PARK WITH A PLANNED
DEVELOPMENT OVERLAY(CBP-PD)
The petitioner is requesting a rezoning of Outlot 1 of Certified Survey Map (CSM) 7330, generally
located north of Oshkosh Avenue, south of the unnamed street on the south side of the former
Lakeshore Golf Course, from their current designations of Institutional (I) to the proposed designation
of Corporate Business Park District with a Planned Development Overlay (CBP-PD).
Mr. Lyons presented the item and reviewed the site and surrounding area. The approximate 0.70
acre subject site consists of one parcel which was created during the dedication of the N. Koeller St.
extension. Outlot 1 is an approximate 30,422 sq. ft. area on the south side of newly established
right-of-way. The surrounding area consists primarily of parkland to the north and west across
the N. Koeller St. extension right-of-way, proposed commercial development to the south and
right-of-way for the proposed N. Westfield St. extension to the east.
Staff is in support of the rezoning for two reasons. First, the subject parcel will be physically separated
from the former Lakeshore Municipal Golf course and would not be suitable for development as a 0.70
acre Institutional zoned parcel. Second, should the City decide to proceed with a land swap with the
adjacent developer it will simplify and streamline the process of incorporating the parcel into the
larger development plans for the area.
Mr. Bowen wanted to verify that this was not a land swap but just a rezone.
Mr. Lyons verified it was only a rezone. He said that any future land swap would have to go
through the proper procedures.
Motion by Hinz to approve the rezone Outlot 1 of Certified Survey Map (CSM) 7330 from Institutional (I)
to Corporate Business Park with a Planned Development Overlay (CBP-PD)
Seconded by Kiefer. Motion carried 6-0.
III. RESIDENTIAL DESIGN STANDARDS VARIANCE REQUEST TO PERMIT A NEW
HOME ON AN INFILL SITE WITH A FRONT SETBACK LESS THAN THE
SMALLEST FRONT SETBACK OF THE ABUTTING PROPERTIES AT 4428 ISLAND
VIEW DRIVE
The applicant/owner requests approval of a variance from the City's Residential Design Standards
to permit a new home on an infill site with a front setback less than the smallest front setback of
the abutting properties.
Mr. Slusarek presented the item and reviewed the surrounding area. The subject 0.87 acre
residential lot is located on Island View Drive, south of Sunnyview Road, and has frontage on Lake
Plan Commission Minutes 2 March 20,2018
Winnebago. The lot contains a single family residential structure which the property owner plans
to demolish to construct a new single family home.
The proposed site plan has a 25' front yard setback and 75' rear yard setback (from ordinary high-
water mark). The abutting properties to the north and south have approximately 41' and 35' front
yard setbacks, respectively. A design standards variance is necessary as the proposed front
setback (25') is less than the smallest front setback of the abutting properties (35').
Staff also feels that in this case,enforcement of the design standards results in unnecessary
hardship. The site possesses a unique circumstance pertaining to the increased rear yard setback
requirement of the Shoreland Overlay District. Specifically, the configuration of the shoreline and
corresponding 75' setback significantly minimizes the buildable area for the new home. Therefore,
it is staff's opinion that the increased front setback required by the design standards should not
apply.
There was no discussion on the item.
Motion by Propp to approve the residential design standards variance request to permit a new home on
an infill site with a front setback less than the smallest front setback of the abutting properties at 4428
Island View Drive with the following findings:
1. The variance will not be contrary to the public interest.
2. Due to special conditions, a literal enforcement of the provisions of the Zoning Ordinance will result
in unnecessary hardship.
Seconded by Hinz. Motion carried 6-0.
IV. 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 which includes the applicant's property. The attached maps
illustrate the applicant request and the staff initiated proposal for context.
Mr. Burich presented the item and reviewed the site and surrounding area. The subject area for the
land use amendment is approximately 125 acres of generally undeveloped and agricultural lands
located on the city's southwest side directly south of the Southwest Industrial Park. This item was
discussed a couple times over the past year. This item was brought to the Common Council on
November 281h, 2017 and it was referred back to the staff for further discussion. Mr. Burich met
Plan Commission Minutes 3 March 20,2018
with the Industrial Development Committee on February 21, 2018 to discuss the options and the
committee preferred Optionl.
Mr. Burich presented Option 1 and Option 2 for the Comprehensive Land Use Map Amendment
and discussed the advantages and disadvantages to both options.
The staff is in support of more residential to the area because there is a deficiency of residential in
the quadrants. The only issue that may arise is that there is wetland type soil in the area requested.
Staff recommends option 1 because it gives the most flexibility. If option 2 were chosen,it would
still allow the City to control the land use going forward.
Ms. Propp asked where the Intermodal Transload Facility would be located in relationship to the
parcel being discussed.
Mr. Burich stated he did not have the exact distance but there were some concerns about the
Intermodal Transload Facility in proximity to residential.
Ms. Propp asked if the Intermodal Transload Facility is still part of the future plans.
Mr. Burich responded that it is being worked on and will be discussed in the near future.
Mr. Hinz questioned if Council would still have the ability to choose either option even if Plan
Commission approves of option 1.
Mr. Fojtik said Plan Commission is a recommending body.
Mr. Burich added that Council could choose either option.
Motion by Hinz to approve Option 1 for the comprehensive land use plan map amendment for property
located on the south side of STH 91 between Clairville Road and STH 44.
Seconded by Kiefer. Motion carried 5-1 (Nay:Perry).
V. APPROVAL OF THE COMPREHENSIVE OUTDOOR RECREATION PLAN (CORP)
The Parks Department is requesting approval of the Comprehensive Outdoor Recreation Plan
(CORP) that has been prepared by the Rettler Corporation in cooperation with city staff and the
Advisory Parks Board. The CORP is a document that assists the community in the development of
park and open space amenities that will satisfy the needs of the citizens.
Staff has reviewed the plan and is requesting the Plan Commission to make a determination that is
consistent with the City's Comprehensive Plan and further that the Comprehensive Plan be
amended to include CORP by reference as part of the current update process.
Plan Commission Minutes 4 March 20,2018
Mr. Maurer discussed the 2018 CORP. The plan includes completed projects from the 2011 CORP,
a current facility inventory,needs assessment, and public input survey taken by approximately 650
residents. The plan has general recommendations as well as site specific, with priority ratings of
high,medium and low for future projects and updates. The document provides several maps that
include current City parks and future parkland acquisition maps.
Mr. Burich discussed the importance of mapping out parks as a subdivision develops. He stated
parkland dedication requirements should be updated and consider adopting impact fees to fund
future park development needs.
Ms. Propp stated the City needs more parks. She questioned why County Park was not included in
the 2011 CORP Plan.
Mr. Maurer stated the park land in the CORP plan are parks under City control. County parks and
school playgrounds are not included in the counts. He stated this is consistent with how other
communities track their park land.
Ms. Propp questioned how the City can jump start development and acquisition of parks.
Mr. Maurer stated because of slow development and the economy, park land was not acquired. In
surrounding communities with ample parks, communities were growing at a time Oshkosh was
stagnant. With new development occurring in Oshkosh it is important to no longer accept fees in
lieu of park land so these new areas of development have parks. The City could also start
acquiring land with the funds from the park land dedication fees.
Ms. Propp stated the impact fee could assist with increasing park land.
Mr. Maurer stated the parkland dedication fee helps with the acquisition of park land and the
impact fee helps with the development of the parkland, so the City does not have to borrow for
park development. He stated impact fees are fairly common in southeast Wisconsin.
Mr. Fojtik stated he sees the value and impact that pocket parks bring to the community. Although
small in size, the pocket parks are great for kids and families in the neighborhood. Mr. Fojtik
stated he has also noticed what an asset it is to have Pollock Pool, Red Arrow Park and the skate
park all adjacent to each other to create a recreational center on summer nights. He questioned
how the parks department works with the schools and the University to plan for the future.
Mr. Maurer stated the City works closely with the schools depending on close the park is to a
school and also through the Healthy Neighborhood Initiative. He state the Parks Department is
working on the Rusch Park Master Plan and will hold a public input meeting at Carl Trager. This
generates ideas for trails and trail connections to the school for the surrounding neighborhoods
and future subdivisions.
Plan Commission Minutes 5 March 20,2018
Mr. Bowen stated the redevelopment of South Park has a storm water management component
and questioned if Parks Department has worked with Public Works on any other projects similar
to South Park. He stated if Public Works is acquiring land for storm water management, this could
be an opportunity to create passive recreation.
Mr. Maurer stated the lift station at Mary Jewel Park was a project that Public Works did not need
to purchase land and the Parks Department was able to construct a restroom facility. He stated
there is a fear of kids being closer to water when a park is next to storm water management. When
there are opportunities to work together,both departments look for ways to collaborate.
Mr. Perry stated without identifying areas within the vacant lands for park development, 10 to 15
homes may be built without any parkland dedication. The northwest part of the City is an area
that is set for residential development in the City,however there is no park land set aside. He
stated he is from a part of the state that levied impact fees and it proved very effective. The impact
fees were not well received at first but once park development occurred, the fees were appreciated
by the community. He stated it is important to set aside park land so the developers in these larger
areas know there is going to be dedicated park space.
Mr. Maurer stated the northwest side of the City is where the plan shows acquiring significant
land for community parks.
John Kneer, President for Rettler Corporation stated the purpose of the CORP is to guide the
process of building onto the assets in the community. The plan prioritizes the improvements and
allows the City to budget for these improvements.
Mr. Kiefer stated it is good to see the implementation of the 2011 Comprehensive plan taking
place. He stated he hopes to see a baseball complex in the City through the efforts of private and
public partnership.
Mr. Maurer stated in 2015 a facility assessment was completed and found deficiencies in
complexes and field conditions in all areas. The schools have noticed these conditions and have
been working with local groups to put money into some of the fields. Convention&Visitor's
Bureau is also in support of a complex because it brings people into the City.
Mr. Hinz questioned if there is a way to work with the surrounding townships and Extraterritorial
Zoning that the City has control over to set up park land.
Mr. Burich stated extraterritorial plat reviews would be one way to set up park lands and use the
City's mapping powers to set them aside.
Mr. Hinz stated his support of a softball or baseball complex.
Mr. Maurer stated there are very motivated individuals that may form a sports commission or
sports authority to initiate fundraising efforts and creation of a sports complex.
Plan Commission Minutes 6 March 20,2018
Mr. Bowen questioned when the Plan Commission would see the Ordinance come forward for the
impact fee.
Mr. Maurer stated Parks and Planning staff would begin to look at surrounding communities that
use impact fees and provide justification of the fees.
Mr. Burich stated it is a priority now that development is occurring and to make sure these
opportunities to acquire and develop parkland are not missed.
Motion by Bowen to approve the Comprehensive Outdoor Recreation Plan (CORP).
Seconded by Hinz. Motion carried 6-0.
There being no further business, the meeting adjourned at approximately 5:13 pm. (Hinz/Bowen)
Respectfully submitted,
Darryn Burich
Director of Planning Services
Plan Commission Minutes 7 March 20,2018