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HomeMy WebLinkAboutMinutes PLAN COMMISSION MINUTES April 3,2018 PRESENT: Ed Bowen, Steve Cummings, Thomas Fojtik, Michael Ford,John Kiefer, Thomas Perry, Kathleen Propp EXCUSED: David Borsuk,John Hinz, Andrew Mott, Robert Vajgrt STAFF: Darryn Burich, Planning Director;Mark Lyons, Principal Planner;Jeff Nau, Associate Planner;Brian Slusarek, Assistant Planner;Andrea Flanigan Recording Secretary; Ray Maurer, Parks Director; Steve Gohde;Assistant Public Works 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 20, 2018 were approved as presented. (Propp/Kiefer) I. CONDITIONAL USE PERMIT REQUEST FOR AN ADAPTIVE REUSE OF A MIXED USE STRUCTURE LOCATED AT 320 ROSALIA STREET The petitioner requests the acceptance of conditional use permit request for an adaptive reuse of a mixed use structure located at 320 Rosalia Street to establish an additional residential unit in a multi-family structure within a single family residential district. Mr. Slusarek presented the item and reviewed the site and surrounding area. The subject property is located at the southeast corner of Rosalia St. and Rahr Ave. and includes a two-story mixed use building with four dwelling units and a commercial unit on the ground floor as well as a detached garage and open parking area. According to the applicant, the principal structure was originally built with five dwelling units,with one of the units being converted to a commercial space within the past 50 years and used as a hair salon for the past 40 years. The petitioner would like to convert the commercial unit back to a (1-bedroom) residential unit. The zoning ordinance requires a minimum of 10 total parking stalls for a 5-unit multi-family use. However, staff does not have concerns with the lack of parking spaces on the property as the conversion of a commercial (hair salon)unit to a 1-bedroom residential unit does not result in an increased off-street parking requirement. The existing 7 stalls should provide sufficient parking for the tenants as all 5 units are 1-bedroom or studio apartments. The proposed 1-bedroom apartment is a less intensive use than a commercial unit and should result in less vehicle traffic to the site. Mr. Bowen arrived at 4:03 PM. Plan Commission Minutes 1 April 3,2018 Hannah Smet, 303 Pearl Avenue Suite A, stated she was the attorney for 3710 Lisbon LLC and could answer any questions the Plan Commission had regarding the property. Ron Hanche,representative for the Steven's Park Neighborhood Association stated the neighborhood association is very interested in the quality of life for the area. The steering committee for the neighborhood association was pulled and did research on the property. The committee found some discrepancies in the petitioner's request and the assessor's information. The petitioner's application states there are seven adults living in four units, one studio and 3 one bedroom. The assessor indicates there are 6.5 bedrooms,which means the building could have up to 15 people living in the building. This would require 15 parking spaces. The building only has seven parking spaces since the detached garage is strictly used for storage. The steering committee requests that the Plan Commission not honor the adaptive reuse request due to the number of parking spaces that would potentially be needed for the property. Alex Dukelow, W7475 Lincoln Rd. stated the conversion from a commercial property to a one bedroom unit would be less impactful on parking. Ms. Propp inquired if Mr. Hanche's assertion that there were 6.5 bedrooms was correct. Mr. Dukelow believed there were only four residential units in the building. Mr. Ford inquired if the building would be inspected. Mr. Burich stated only the unit that is being converted from commercial to residential would be inspected. Mr. Cummings inquired how many units were in the building and what their sizes were. Mr. Slusarek stated there are four units, one is a studio and three are one bedroom. The most recent information from the assessor records are from 1969. Mr. Burich stated staff relies on the applicant and assessor data to know how many units are in the building. Ms. Propp stated the Assessor data seems outdated and inquired what happens if there are more bedrooms in the building than stated. Mr. Burich stated if the owner of the building does not allow the Assessor into the property, the assessment can't be updated. An analysis of how long the bedrooms have been in effect would need to be done. If it was prior to 1950, there was no building code to address parking. When the use is altered,for example from commercial to residential that is when parking can be looked at to make sure it is adequate. Mr. Lyons stated from staff perspective the other units in the building are less of a concern. Staff is looking at the conversion of the commercial unit to a residential unit from a parking stand point. Plan Commission Minutes 2 April 3,2018 Staff believes the conversion from commercial to a one bedroom residential unit is less impactful on parking. The other units have historically been what they are and the parking would not change unless that use changed. Ms. Propp inquired even if there were more bedrooms in the building, it would not affect staff's recommendation of the request. Mr. Burich confirmed it would not affect staff's recommendation because it is not a complete conversion of the building. Motion by Bowen to approve the conditional use permit request for an adaptive reuse of a mixed use structure located at 320 Rosalia Street. Seconded by Ford. Motion carried 7-0. II. CONDITIONAL USE PERMIT (CUP) REQUEST FOR AN AQUAPONIC FACILITY AND THRIFT SHOP LOCATED AT 753 N. MAIN STREET The petitioner is requesting a Conditional Use Permit for redevelopment of an existing 7,500 sq. ft. of building for an aquaponics facility and thrift shop at 753 N. Main Street. Mr. Lyons presented the item and reviewed the site and surrounding area. The subject property is zoned Urban Mixed Use and is located between Division St. and N. Main St., south of W. Lincoln Ave. The surrounding area consists of a mixture of commercial and residential uses. The applicant is proposing to redevelop the previous daycare facility to an aquaponics facility and second chance thrift shop. The products are intended to be used in local food pantries and sold to restaurants or farmer's markets. The facility will generate very little traffic to the site. Reverend Ritchie Cole N9586 Van Dyne Rd,Van Dyne, WI stated he is the General Manager for Jericho Road Ministries, Inc. which owns the building. The idea is to give the food to the food pantry and then market any excess food. Motion by Propp to approve the Conditional Use Permit for redevelopment of an existing 7,500 sq.ft. of building for an aquaponics facility and thrift shop at 753 N. Main Street. Seconded by Perry. Motion carried 7-0. III. PRELIMINARY PLAT FOR THE CREATION OF A 61-LOT SINGLE-FAMILY RESIDENTIAL SUBDIVISION AT THE NORTH 3300 BLOCK OF W.9TH AVENUE (PICKART ESTATES) The applicant/owner requests approval a development plan for a single family residential 61-lot land division/preliminary plat with the following condition: Plan Commission Minutes 3 April 3,2018 1. A combination of Parkland Dedication and Fees-in-lieu of parkland is utilized and approved by the Advisory Parks Board. Mr. Nau presented the item and reviewed the site and surrounding area. The area of this requests includes a single undeveloped 34.8 acre, approximately 350 feet east of Clairville Road. The subject site was formerly part of the Zone C Expansion Area identified in the Cooperative Plan between the City of Oshkosh and Town of Algoma. The city's Comprehensive Land Use Plan recommends this area suitable for residential development;the proposed preliminary plat is consistent with that recommendation. The preliminary plat utilizes the entire 35.8 acre lot and is proposed to be platted with 61 single-family lots and five outlots. The preliminary plat shows the creation of five outlots to be used for storm water ponds and parkland. After preliminary plat approval, the applicant is planning to develop the subdivision in two or more phases. The developer plans to submit Phase I final plat review shortly after preliminary plat approval in hopes of breaking ground in late spring/early summer of 2018. The Department of Public Works has reviewed availability of city utilities to serve the development and reported that city water and sanitary is available from W. 9th Avenue. At final plat approval, the petitioner will be required to enter into a Developer's Agreement with the City for construction of utilities and street construction. Dedicated parkland has been included within the preliminary plat. Parkland dedication requirements equates to 67,100 square feet of area(1,100 square feet per lot) or payment in-lieu of land dedication. The Parks Department recommends dedication of land versus fees in-lieu-of as there is a lack of park space in this area of the city. Parks Department staff has worked with the developer to determine an appropriate location for a park which is mapped as Outlot 4. Outlot 4 is deficient by 6,827 square feet of area which equates to seven lots (rounded up) of land dedication. The Parks Department has agreed to allow the developer to make up the difference with fees in-lieu-of which totals$2,800 ($400 per lot). The Advisory Parks Board will meet on April 9th to review the proposed dedication and make a recommendation to the Common Council. Mr. Bowen inquired if it would be more beneficial to the move the parkland to the west side of the development. He questioned if that was the Parks Department or Planning Department's preference. Mr. Burich stated there is some concern with the current park location and how it would serve the general area as it develops. Mr. Maurer stated Parks Department has been working with Planning staff and the developers on a number of scenarios for the Park development. Where the parkland is currently located, is acceptable,however Mr. Maurer would prefer to see it centrally located within the development. There are five lots on the west side of the development that equates to about 1.4 acres that could be used for the parkland. When future residential development occurs to the west, this would allow to add on to the parkland further west and allow the parkland to serve both developments. There Plan Commission Minutes 4 April 3,2018 are several owners in the current plat development and the owner of the west portion of the Pickart Plat is not willing to give up those five lots for parkland. He stated where the parkland is currently proposed will require children to walk quite a ways to get to the park. Ms. Propp inquired if Clairville Rd. is the furthest west the City will expand in this area. Mr. Nau stated there are some areas to the west of Clairville Rd. that will be attached to the City. Ms. Propp stated she was surprised the shortage of parkland for this development only resulted in $2,800. She stated she would like to see the ordinance updated so more parkland is dedicated in future developments. Mr. Bowen inquired if the five lots on east side of the development would be considered for the parkland adjacent to the property owned by First English Church. Mr. Maurer stated because it is owned by the church, it was of the opinion of staff that it would be less likely to be developed as residential. The land to the west would be more likely to be developed residential. Mr. Ford inquired if the payment fee-in-lieu of parkland is segregated into its own fund. Mr. Maurer stated there is a separate fund set up for parkland dedication fees to be used to acquire future parkland. Mr. Kiefer inquired how the park compares to other parks in the City. Mr. Maurer stated West Algoma Park is 1.8 acres and would be very similar in size to the park being proposed. He provided other examples of parks throughout the City. Mr. Kiefer inquired if there are plans to expand 9th Street Rd. to four lanes. Mr. Nau stated when the Zone C expansion takes place on March 1, 2023 the City would have the ability to construct a four lane road. The Plat includes right of way dedication to allow 91h Street Rd. to be an 80' wide arterial road. Mr. Cummings inquired if the land not part of the plat could be acquired for parkland at some point. Mr. Nau identified the land owners but stated he could not speak as to whether or not they are willing to sell part of their property for parkland. Mr. Maurer stated he does not want to see parkland along a four lane road and having the parkland centrally located is a safer option. Plan Commission Minutes 5 April 3,2018 Mr. Bowen inquired if the future phases covered by the preliminary plat are not all owned by the petitioner of the preliminary plat. Mr. Nau stated the entire plat development came into the City as one parcel but the interests of the property owners are divided. Mr. Bowen inquired if the final plat will be for the entire Pickart Plat. Mr. Burich stated the final plats will be done in phases. Preliminary plats are done to set expectations so when the final plat is up for approval there are no drastic changes. Grant Duchac, Excel Engineering, 100 Camelot Drive, Fond du Lac stated the developer is taking on a large risk by dedicating the parkland in Phase L He stated recent subdivision developments have not done many parkland dedications making it a lot easier to develop and not losing income from potential lots. He stated the parkland does not work to the west of the development because of the different land owners that are part of the plat. Ms. Propp stated having a park as part of the subdivision is a huge draw for people to buy lots. She stated the equivalent of Outlot 5 should be added to the parkland. The extra.6 acres would be a nice addition and would not have to pay$2,800 for parkland dedication fees. She hopes the parkland is in a location that is best for the community and the people residing in the subdivision. Mr. Burich stated the park land will also be reviewed by the Advisory Park Board and weigh in with their determination. Mr. Maurer stated the Parks Board will meet on Monday night and was waiting to see what transpired at the Plan Commission meeting. Mr. Gohde stated Outlot 5 can pose problems with the City if it goes defunct and no one is paying the taxes and maintaining the lot. The lot should be attached to one of the parcels to avoid any future issues. Mr. Kiefer inquired if it was currently part of the existing land owners land. Mr. Gohde stated it is part of the land owners land but is not part of Phase I. Mr. Perry suggested curving Jason's Place into Outlot 5 and expanding the first two lots. This cuts down on the potential for speeding and increases the value of the lots. Sue Pickart, 3490 W. 91h stated she owns the parcel next to Outlot 5 and would not accept Outlot 5. She stated moving the park to the west side of the development will make it further away from the people living on the eastside of the development. Plan Commission Minutes 6 April 3,2018 Mr. Kiefer stated the City should look at updating the Zoning Ordinance to make it a requirement to dedicate parkland in these developments. He is concerned the size of the park is too small for the development and the possible future expansions the park would serve. Ms. Propp stated there are a lot of unanswered regarding the parkland and Outlot 5 and is hesitant to approve the plat as is. Mr. Bowen stated he does not understand why Outlot 5 exists. He inquired what the Plan Commission is bound to approve in the final plat by approving the preliminary plat. Can the Outlot 5 issue be solved between approving the preliminary plat as is and the final plat. Mr. Burich stated Outlots typically have a description or purpose such as a storm water or park. Outlot 5 is just green space at this point. There are ways to make sure there is ownership of the Outlots by putting language in the development agreement should the City have to take care of it. Mr. Gohde stated developers have gone bankrupt which voids the developer agreement and the land still falls back on the City. Mr. Burich stated the Plan Commission could add a condition that Outlot 5 be addressed in the final plat. Mr. Bowen stated final plats can be approved 10 years from now and wants to make it known that there was a concern with Outlot 5 and that it should be addressed to tie to the development. Mr. Cummings inquired if the storm water ponds will solve some of the flooding problems in the area. Mr. Gohde stated the storm water ponds only serve the subdivision and will not help with all of the other flooding in the area. Ms. Propp stated if the lot to the west of the proposed park was combined with the park, it would get the park closer to the appropriate size of the park. Mr. Perry stated he would like to add a condition regarding Outlot 5. Motion by Perry to approve a development plan for a single family residential 61- lot land division/preliminary plat with the following amended conditions: 1. A combination of Parkland Dedication and Fees-in-lieu of parkland is utilized and approved by the Advisory Parks Board. 2. Outlot#5 is to be classified as a subdivision greenspace outlot to be cared for in perpetuity by all of the lot owners covered by the preliminary plat or outlot is reconfigured or removed at final platting. Seconded by Bowen. Plan Commission Minutes 7 April 3,2018 Mr. Kiefer stated Outlot 5 should be made part of the land owners that own portions of the plat. Mr. Perry stated the abutting property owners do not want Outlot 5 and are not currently the land owners of Outlot 5. Mr. Ford stated the current parkland ordinance is inadequate and outdated. Mr. Bowen stated the parkland Zoning Ordinance is finally being administered the way it was intended. Ms. Propp stated she will vote no. She wants to give the Parks Board an opportunity to weigh on the parkland. She would like the lot adjacent to the park to be included in the parkland. Motion carried 5-2 (Nay:Propp, Kiefer). IVA: SPECIFIC IMPLEMENTATION PLAN APPROVAL FOR A GLOBAL CORPORATE HEADQUARTERS AT 2175 PUNHOQUA STREET The applicant requests approval of a Specific Implementation Plan to allow for development of a global corporate headquarters at 2175 Punhoqua Street with the following conditions: 1. Base Standard Modification to allow outdoor vehicle display subject to the following additional conditions: a. A maximum of five (5)vehicles shall be display at any one time with only three (3) vehicles display within view of the pubic (public view defined as areas #1, #4& #5 on the attached vehicle display plan). b. Additional shrub/perennial planting landscaping be provided along the west, north and east side of vehicle display area#4. c. Additional shrub/perennial planting landscaping be provided along the north side of vehicle display area#5. d. Landscaping in front of vehicle display area#2 shall include tall/medium shrubs to aid in softening the appearance of the vehicle display area. e. Final landscaping plan for the vehicle display areas shall be approved by the Department of Community Development. 2. Approval of an access control variance to allow a 51 foot opening at the right-of-way line and 46' at curb. 3. Base Standard Modification from the required Street Frontage landscaping to no Street Frontage landscaping. 4. Base Standard Modification from the required 50%Yards landscaping points being devoted to the street frontage to no yard landscaping along the street frontage. 5. Base Standard Modification from the Bufferyard landscaping requirements and landscaping as shown on the site plan. 6. Final signage plans be required to be brought back through Plan Commission and Common Council for approval as a Planned Development Amendment. 7. Base Standard Modification to allow facades to exceed 40' without articulation. Plan Commission Minutes 8 April 3,2018 8. Final guard shack plans be required to be brought back through Plan Commission and Common Council for approval as a Planned Development Amendment. 9. Base Standard Modification to allow a berm and landscaping along the west property line in lieu of a 6' solid refuse enclosure. 10. Base Standard Modification to allow the north building facade to have 72%Class I materials as opposed to the required 75%. Mr. Lyons presented the item and reviewed the site and surrounding area. The proposed development will consist of the new global headquarters for Oshkosh Corporation, a 190,000 sp. ft. building with the capacity for 650 employees. He described the Base Standard Modifications being proposed for vehicle display areas, street frontage and bufferyard landscaping,refuse enclosure and the north building facade materials. The guard house and signage plans will be required to be brought back to Plan Commission and Common Council for approval as a Planned Development Amendment. Mr. Lyons stated staff believes open discussion needs to take place between the applicant and Plan Commission during the SIP hearing as to determine the appropriateness of a BSM related to the building material as the north facade falls below the 75%Class I requirement in the CBP district. Mr. Bowen left at 5:35 PM. Mr. Perry inquired if the applicant is requesting up to 13 vehicles. Mr. Lyons responded the maximum occupancy would be 13 vehicles but would have a maximum of 10 vehicles at any one time. Mr. Perry inquired if it would be worthwhile to write in a condition to set number of days to allow the maximum number of vehicles. This allows for flexibility for events and to showcase their products to businesses Oshkosh Corporation may have visiting. Mr. Lyons stated the intent was to have open discussion on the number of vehicles with the applicant and find a number that works for everyone. Mr. Cummings stated there needs to be flexibility for the vehicle display for potential customers. The displays are multi-million dollar vehicles. Mr. Lyons stated staff is not as concerned with the exact number of vehicles but limit the number of vehicles along the riverwalk and road. David Paino, Trammell Crow Chicago Development, Inc. spoke on behalf of the applicant and Oshkosh Corporation. The applicant agrees with the conditions set on the display areas including limiting the number of display areas in public view. The initial request to have up to 10 vehicles at one time was to open up discussion with staff and the Plan Commission to come to an agreement on the maximum number. Mr. Paino stated the maximum number of vehicles would be used approximately five times per year. The applicant is open to Plan Commission's recommendation on the maximum number of vehicles. Plan Commission Minutes 9 April 3,2018 Mr. Perry stated there needs to be some flexibility as a company that is trying to grow and bring in other business. Ryan with Performa provided a material board of the products being used. The products included Fond du Lac Stone, glass,metal paneling with a wood look on the canopy underside and metal composite material. The metal composite material has a 20-30 year warranty by the manufacturer. The metal composite material is produced in a way that will not fade or delaminate. Mr. Paino stated the metal panels can be bent to achieve crisp lines and make the metal appear as though it has a curve at each floor line. The product is intentional to show the movement and is a design element for the headquarters. Mr. Perry inquired about the percentage of Class I materials on the other facades. Mr. Lyons stated the east facade is made up of 79%, west facade 81%, south facade 82%Class I materials. The overall building is at 77%Class I materials. Ms. Propp commended the applicant on the materials provided. The design intent for the materials used is clear and believes the BSM should be granted to allow for 72%Class I materials on the north facade. Mr. Ford agreed with Ms. Propp. Ms. Propp inquired what material would be used for the Gabion Wall. Ryan with Performa stated the Fond du Lac Stone would be used on the inside of the Gabion Wall. It is not going to be used as a true retaining wall,but will be a landscape feature internal to the site. He stated it will be a welded wire mesh fully galvanized. Stone is loosely placed in the mesh and will be topped off with a sandstone for people to be able to sit on. Mr. Ford stated he wished to amend Base Standard Modification 1a from five vehicles to a maximum of eight vehicles on display at any one time with only three vehicles displayed with in view of the public (public view defined as areas #1, #4& #5 on the attached vehicle display plan). Motion by Kiefer to approve the specific implementation plan approval for a Global Corporate Headquarters at 2175 Punhoqua Street with the following amended conditions: 1. Base Standard Modification to allow outdoor vehicle display subject to the following additional conditions: a. A maximum of eight (8) vehicles shall be displayed at any one time with only three (3) vehicles displayed within view of the pubic (public view defined as areas #1, #4 &#5 on the attached vehicle display plan). b. Additional shrub/perennial planting landscaping be provided along the west, north and east side of vehicle display area#4. Plan Commission Minutes 10 April 3,2018 c. Additional shrub/perennial planting landscaping be provided along the north side of vehicle display area#5. d. Landscaping in front of vehicle display area#2 shall include tall/medium shrubs to aid in softening the appearance of the vehicle display area. e. Final landscaping plan for the vehicle display areas shall be approved by the Department of Community Development. Approval of an access control variance to allow a 51 foot opening at the right-of-way line and 46'at curb. 2. Approval of an access control variance to allow a 51 foot opening at the right-of-way line and 46'at curb. 3. Base Standard Modification from the required Street Frontage landscaping to no Street Frontage landscaping. 4. Base Standard Modification from the required 50% Yards landscaping points being devoted to the street frontage to no yard landscaping along the street frontage. 5. Base Standard Modification from the Bufferyard landscaping requirements and landscaping as shown on the site plan. 6. Final signage plans be required to be brought back through Plan Commission and Common Council for approval as a Planned Development Amendment. 7. Base Standard Modification to allow facades to exceed 40'without articulation. 8. Final guard shack plans be required to be brought back through Plan Commission and Common Council for approval as a Planned Development Amendment. 9. Base Standard Modification to allow a berm and landscaping along the west property line in lieu of a 6'solid refuse enclosure. 10. Base Standard Modification to allow the north building fagade to have 72% Class I materials as opposed to the required 75%. Seconded by Cummings. Motion carried 6-0. IV B: ACCESS CONTROL VARIANCES TO ALLOW INCREASED DRIVEWAY ENTRANCE WIDTH& CURB CUT WIDTH AT 2175 PUNHOQUA STREET The applicant requests approval of Access Control Variances to allow increased driveway entrance width& curb cut width at 2175 Punhoqua Street. Mr. Lyons presented the item and reviewed the proposed development which will have one driveway access from N. Koeller St. extended with an entrance width of 51' and 46' wide curb cut. Access control variances are required as the maximum permitted entrance width is 30' and maximum curb cut is 40'. The increased entrance width is necessary to provide for a three-lane entrance/exit and the increased curb cut width is needed to accommodate the increased entrance width. To accommodate a number of daily visitors and approximately 650 employees to the site the applicant is proposing a one lane entrance and two lane exit. The two exit lanes would be made up of right turn and left turn only lanes. There was no discussion on the item. Plan Commission Minutes 11 April 3,2018 Motion by Propp to approve the access control variances to allow increased driveway entrance width and curb cut width at 2175 Punhoqua St. with the following conditions: 1. Increased entrance width to 51 feet at right-of-way line where municipal code allows a maximum of 30 feet 2. Increased curb cut width to 46 feet at back of curb where code allows a maximum of 40 feet Seconded by Perry. Motion carried 6-0. V. PUBLIC HEARING-TEXT AMENDMENTS TO THE ZONING ORDINANCE The Department of Community Development requests review and approval of amendments to the Oshkosh Zoning Ordinance. Mr. Burich discussed the amendments to the Zoning Ordinance as presented in the staff report. Mr. Cummings inquired about the amendment to outdoor display as a conditional use. Mr. Lyons stated there is a temporary category for outdoor display to allow displays to be put out on a daily basis in some urban areas. This amendment change is to address the displays that are left out permanently. Motion by Cummings to approve the public hearing-text amendments to the zoning ordinance. Seconded by Ford. Motion carried 6-0. There being no further business, the meeting adjourned at approximately 6:10 pm. (Cummings/Kiefer) Respectfully submitted, Darryn Burich Director of Planning Services Plan Commission Minutes 12 April 3,2018