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HomeMy WebLinkAboutMinutes PLAN COMMISSION MINUTES October 2,2018 PRESENT: David Borsuk, Steve Cummings,Michael Ford,Andrew Mott, Thomas Perry, Kathleen Propp EXCUSED: Thomas Fojtik, Ed Bowen,John Hinz, John Kiefer, Robert Vajgrt STAFF: Darryn Burich, Planning Director;Mark Lyons, Principal Planner;Jeff Nau, Associate Planner;Brian Slusarek,Assistant Planner; Steven Wiley,Assistant Planner; Steve Gohde, Assistant Director of Public Works;Mina Kuss, Recording Secretary Vice Chairperson Propp called the meeting to order at 3:57 pm. Roll call was taken and a quorum declared present. The minutes of September 18, 2018 were approved as presented. (Borsuk/Mott) I. RESIDENTIAL DESIGN STANDARDS VARIANCE TO ALLOW A PORCH ALTERATION USING MATERIALS NOT SIMILAR TO THE MATERIALS ON THE ORIGINAL BUILDING AT 202 W. MELVIN AVENUE Mr. Wiley presented the item and stated that it was laid over from September 4th Plan Commission meeting to allow time for the applicant and staff to work together to exhaust options and find an acceptable solution. Mr. Wiley reviewed the site and surrounding area. City staff had a couple of further conversations with the property owner. Staff visited the applicant's property with Ken Gresser, City Housing Specialist and Curt Klaske, City Inspector and both recommended that staff ask the applicant to obtain at least two quotes from licensed masons or concrete contractors to determine whether the preservation of the knee walls would be prohibitively costly. Staff has reached out to a number of contractors that the City has worked with in the past and is awaiting bids from them. Staff recommends the Plan Commission lay over this item up to the November 6th meeting for staff to obtain the additional quotes and determine the viability of working with the existing porch and knee wall structure. There was no discussion on this item. Motion by Borsuk to lay over the residential design standards variance to allow a porch alteration using materials not similar to the materials on the original building at 202 W.Melvin Avenue until November 6th Seconded by Perry. Motion carried 6-0. Plan Commission Minutes 1 October 2,2018 II. RESIDENTIAL DESIGN STANDARDS VARIANCE TO ALLOW MATERIALS NOT SIMILAR TO THE EXISTING CLADDING AND OVERALL DESIGN CHARACTER AT 647 WAUGOO AVENUE The applicant is requesting approval of a variance from the City's Residential Design Standards to allow a partial residing using materials not similar to the existing cladding and overall design character at 647 Waugoo Avenue. Mr. Wiley presented the item and stated that it was laid over from September 41h Plan Commission meeting to allow time for the applicant and staff worked together to exhaust options and find an acceptable solution. Mr. Wiley reviewed the site and surrounding area. Staff spoke with the applicant and discussed the vinyl and fiber cement products she is considering. Staff then visited the property and examined the damaged area and existing siding. Staff had further discussions with the applicant and from these discussions the applicant indicated a willingness and ability to reside the entire front facade of the house with a new material (rather than just the front plane originally proposed). Staff would rather see the entire front facade resided as opposed to patching a small damaged section of siding next to the front porch. The vinyl or fiber cement siding would be a grey color matching the rest of the home. The applicant has stated that the siding on the remainder of the home is in generally good condition. Having to reside the entire home would cause extreme financial hardship for the home owner who is 88 years old and depends on the rental income for daily expenses. The applicant states that the white trim will remain and will match the rest of the home. Mr. Borsuk asked if the vinyl or fiber cement was a board on board appearance and if the texture would be consistent with the existing siding. Mr. Wiley replied the vinyl would be the traditional lap appearance, therefore, the texture would be different. The color of the vinyl can be changed and could match closely with the existing siding's color. Mr. Borsuk asked about the texture on the fiber cement. Mr. Wiley replied the fiber cement would also have a different texture. Mr. Wiley showed a close up of the texture on the current siding. Mr. Ford questioned if there had been similar request in the past for just residing one facade of the home. Mr. Wiley and Mr. Burich both replied they could not recall a similar variance request. Mary Warnke,5150 Stretch Lane, reiterated the extreme financial hardship the owners are facing with the siding cost. She explained the owners have owned the home since the 1950's. She clarified information about one of the pictures. Ms. Warnke gave a more detailed description of the vinyl versus the fiber cement in terms of appearance. She stated she would be open to both materials. She added she worked with staff and agreed on residing the front facade instead of one Plan Commission Minutes 2 October 2,2018 plane of the home. She noted she did look into grands and loan programs the city offers but did not see a program that would apply to her situation. Ms. Propp thanked Ms. Warnke for working with staff on alternative options. Mr. Perry stated he appreciates condition number two as it takes into consideration future renovations and repairs in keeping the materials consistent. Mr. Wiley said it is not ideal to re-side only one facade but the other facades will eventually need to be replaced. He said that is the reasoning behind the second condition, to keep consistency with future renovations or repairs. Ms. Propp asked about the availability of the materials for future renovations or repairs. Mr. Wiley replied there is a potential the materials may not be available but the vinyl and fiber cement are very common and have been available for quite a while. Mr. Borsuk asked if one material was more durable than the other or if staff had a preference. Mr. Wiley replied it would depend on the grade of the material. Mr. Ford agreed that the condition was a good idea but stated he would still be voting no to the variance. He stated his reasoning is because financial hardship does not justify a variance. He said he believes it is a unique situation but it is still a rental property. He added that allowing the variance could potential open an opportunity for other landlords to ask for a similar variance. Mr. Cummings stated he did not recall a similar variance request in the past. He pointed out there are rental areas in Oshkosh with homes that have a variety of patchwork jobs on the facades and it is not appealing. He stated the city is trying to upgrade the rentals in the community and by allowing the variance, it would not add to making the city visually appealing. He said he would not be voting for approval of the variance. Mr. Burich noted that staff is recommending the variance because it is not a patchwork job due to the entire front facade being replaced and not just a portion as originally proposed. He added that from the street view, the home would still have a consistent appearance. Motion by Perry to approve a variance from the City's Residential Design Standards to allow a partial residing using materials not similar to the materials on the original building at 647 Waugoo Avenue with the following conditions and finding: 1. The applicant shall reside the entire front fagade (not just one plane on the front facade) of the house with a new material and ensure that the appearance and installation of the material are consistent. Plan Commission Minutes 3 October 2,2018 2. Any future residing of any fagade on the home shall occur with the same material as employed on the front plane or come back to the Plan Commission as a separate request(s)for consideration. And the following finding: 1. The variance will not be contrary to the public interest. Seconded by Borsuk. Motion denied 2-4. (Nay:Borsuk, Cummings, Ford,Mott) Ms. Propp questioned what other options the applicant would have. Mr. Burich replied he would have to look into it. Mr. Wiley said he would also look into it as well as look into the funding programs the city has available. III. ACCESS CONTROL VARIANCE FOR REDUCED LATERAL CLEARANCE AT 101 W. SNELL ROAD The petitioner is requesting an access control variance to permit the following: 1. Reduced lateral clearance from W. Snell Road to 40 feet where code requires a minimum of 75 feet. Mr. Slusarek presented the item and reviewed the site and surrounding area. In August 2018, Planning staff was made aware that additional parking stalls had been added to the subject site without prior permit approval. The site has two driveway accesses from W. Snell Road. The additional parking stalls accessed from the eastern driveway result in a 40' lateral clearance from W. Snell Road, where code requires a 75' lateral clearance. The applicant states that the variance is necessary as they have limited options for providing the needed additional stalls for employees. Staff is recommending that the northernmost stall be removed to match the lateral clearance of the shared parking area to the east. The Department of Public Works has reviewed the proposal and noted that the lateral clearance should match the shared parking area to the east to prevent further access concerns related to truck movements. Public Works also noted that the new parking areas must meet collect and convey requirements for stormwater runoff. Ms. Propp questioned why stormwater mitigation was being asked of the applicant because it has not been common in the past. Mr. Slusarek explained it was being asked because no plans were ever submitted to see where the stormwater would collect and convey. Mr. Burich stated that sometimes conditions are added that are already part of the code but adding it as a condition will help reinforce it. Plan Commission Minutes 4 October 2,2018 Motion by Borsuk to approve an access control variances for reduced lateral clearance at 101 W. Snell Road with the following conditions: 1. Northernmost parking stall removed to match lateral clearance of existing shared parking area to the east. 2. Stormwater collect and convey plans be submitted and approved to meet City stormwater requirements. Seconded by Ford. Motion carried 6-0. IV. REZONE OUTLOTS 1 &2 OF CERTIFIED SURVEY MAP (CSM) 7398 FROM INSTITUTIONAL (I) TO CORPORATE BUSINESS PARK WITH A PLANNED DEVELOPMENT OVERLAY(CBP-PD) The petitioner is requesting a rezoning of Outlots 1 and 2 of Certified Survey Map (CSM) 7398, generally located north of Oshkosh Avenue, and south 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. Nau presented the item and reviewed the site and surrounding area. The petitioner is requesting a rezone from the current Institutional(I) designation to the Corporate Business Park with a Plan Development Overlay (CBP-PD) designation. This rezone creates consistency with the zoning of the adjacent properties to the southeast along Oshkosh Avenue. The adjacent property owner was approved for a General Development Plan at the March 13, 2018 Common Council meeting. At the city's request, the property owner dedicated 24 feet of additional right-of-way along Oshkosh Avenue and 80 feet of right-of-way for the extension of N. Westfield Street. This is 21 additional feet for Oshkosh Avenue and 20 additional feet for N. Westfield Street above and beyond the normal dedication requirements. It was agreed upon that the city would dispose of Outlot 1 to the property owner to the south as a"land swap' for the additional right-of-way dedications. The land swap did occur and Outlot 1 will be incorporated into a new CSM to create two new parcels along Oshkosh Avenue. The subject parcels will be physically separated from the former Lakeshore Municipal Golf course and would not be suitable for development due to its irregular shape. It is a sound planning principal to zone the parcel the same as the adjacent developable land. In doing so,more land will be available for redevelopment of the parcels along Oshkosh Avenue. There was no discussion on this item. Motion by Borsuk to approve a rezone for Outlots 1 &2 of Certified Survey Map (CSM) 7398 from Institutional (I) to Corporate Business Park with a Planned Development Overlay (CBP-PD). Seconded by Mott. Motion carried 6-0. V. ZONE CHANGE FROM SUBURBAN MIXED USE DISTRICT (SMU) TO NEIGHBORHOOD MIXED USE DISTRICT WITH A PLANNED DEVELOPMENT Plan Commission Minutes 5 October 2,2018 OVERLAY(NMU-PD) AND GENERAL DEVELOPMENT PLAN APPROVAL FOR A SCHOOL LOCATED AT 3485 LAKE BUTTE DES MORTS DRIVE The applicant requests a zone change from the existing Suburban Mixed Use District (SMU) to Neighborhood Mixed Use District with a Planned Development Overlay (NMU-PD) and approval for a General Development Plan for 3485 Lake Butte Des Morts Drive. Mr. Lyons presented the item and reviewed the site and surrounding. The petitioner is proposing to develop the existing vacant commercial parcel into a school. The facility would be an Acton Academy, as a multi-age 4k-12 school segmented into approximately four multi-age groups including early elementary,elementary,middle and high school. The campus type setting would include five approximately 3,000 sq. ft. 1-2 story buildings designed to fit around a u-shape drive and between several environmental areas. The intended school use is classified as an Indoor Institutional Use, therefore, requires a Base Standard Modification(BSM)within the Neighborhood Mixed Use District (NMU). Staff is in support of the NMU and associated BSM to allow indoor institutional. The proposed development is in the very early stages and these actions would allow the petitioner to move forward with the purchase of the property. The proposed use would only occupy a small portion of the site as well as possible other developments in the future. Mr. Borsuk asked how much of the area would be buildable or not buildable. Mr. Lyons explained and showed where the wetlands were located on the property. Mr. Borsuk asked if Mr. Lyons knew what the net area that is left for buildable area after the school is built. Mr. Lyons replied he does not. Mr. Borsuk asked if there were plans for the remaining area. Mr. Lyons replied the applicant does not have any plans besides the school. Mr. Perry said the property has been on sale for a very long time. Mr. Lyons concurred. He added that the property has some access challenges as a commercial property. Ben Ganther,6030 County Road A, pointed out that there is less buildable than the aerial photo is showing. He explained the south end of the property has a gas line with an easement, therefore, it is not buildable. Mr. Ganther stated there is less than 20 acres of buildable area out of 72 acres. He added that besides the area where the school would be located, the only other buildable area is the area to the north of the property. Mr. Ganther reiterated the proposed school is all that is planned for the area at this point and the approval from Plan Commission will allow the purchase of the property. Plan Commission Minutes 6 October 2,2018 Mr. Borsuk asked if the buildings would be 50x60 feet. Mr. Ganther replied they would be. He explained the buildings are part of the Acton school program and it is a Socratic method of teaching Mr. Borsuk asked if the building were going to be real buildings or trailers. Mr. Ganther replied they would be real buildings with foundations. He said the buildings could potentially be two stories but the plans are not yet finalized. Mr. Borsuk asked for future meetings, if Mr. Ganther could show examples of similar campuses. Mr. Ganther replied layouts of other campuses could be found on the internet and he would be willing to bring images of other campuses during the Specific Implementation Plan. Ms. Propp questioned how much buildable land was left over after Acton Academy is built. Mr. Ganther responded eight to 10 acres but he was not sure yet. He added that they have not started any design plans yet. He said they are trying to show what the initial use is in order to purchase the property. Charles Williams, 1416 Menominee Drive, explained background information on the previous owners. Ms. Moore was and English teacher and Mr. Moore was an attorney. They used the property as farmland. He said the property has been on sale since the passing of Mr. Moore in 2003. He said the site does have some challenges but it is a beautiful site and would be a great location for a school. Mr. Williams stated he is confident the buyer will do a great job. The approval from the Plan Commission will allow to sale of the property. Mr. Borsuk stated he did not have issues with the school but had issues with the zoning. He is concerned because he does not know what the vision is for the rest of the property. He also has a hard time imagining what the buildings and campus would like look without any examples. Mr. Lyons stated there are other uses for Institutional. He said the purpose of the Planned Development is to allow Plan Commission to review, approve and modify the final site as needed. Mr. Borsuk asked what other uses are allowed in Institutional. Mr. Lyons replied office related uses. Mr. Burich reiterated the purpose of the Planned Development. Mr. Borsuk stated he is still concerned with the flexibility of the zoning because he is not sure what could be developed at the site in the future. Plan Commission Minutes 7 October 2,2018 Carey Sharpe, 5736 I Ah May Tah Road, explained the property will only be used as a school as long as she is involved. She has no other plans for the rest of the property. Mr. Burich asked if Ms. Sharpe had any idea of what the appearance of the buildings would look like. Ms. Sharpe replied she does not yet because they have been very busy focusing on The Howard. She stated they just renovated The Howard and though it is not a similar project, she plans on doing the same high quality product on the school as she did on The Howard. Mr. Borsuk asked if staff had any issues if the property was only zoned as Institutional. Mr. Lyons replied from a zoning standpoint, staff would have to do a Comprehensive Plan Amendment. He said if it was zoned Institutional, the applicant would still have to request for a Conditional Use Permit. He explained why staff chose the NMU with the PD and the Base Standard Modification over other routes. Mr. Borsuk asked what the Comprehensive Plan recommends for the property. Mr. Lyons answered that it calls for commercial. Mr. Burich explained staff chose this route because it would accommodate both the zoning code and Comprehensive Plan. He stated this route also allows Plan Commission and staff to review the site and details at a later phase in the development. Mr. Perry stated he lives in the area. He said the location of the school is the highest point on the property and it would be difficult to build on the north end. He said he would be fine with the north end being left as is since it is where the nature is. He believes the layout of the proposed plan is the best option. Motion by Ford to approve a zone change from Suburban Mixed Use district(SMU) to Neighborhood Mixed Use district with a Planned Development overlay (NMU-PD) and general development plan approval for a school located at 3485 Lake Butte des Morts Drive with the following conditions: 1. Base Standard Modification to allow indoor institutional uses for a school. Seconded by Cummings. Motion carried 6-0. PLANNING DIRECTOR'S REPORT Potential Changes to County Air Zone Regulations Mr. Burich reported on the potential changes to the air zone. He said the county amended the air zone regulations a few years back which made it very restrictive to build in that area from a development standpoint. The air zone restrictions have made it difficult for the city to develop the area. He would like get it done this fall or start the process and engage with a consultant who has Plan Commission Minutes 8 October 2,2018 experience in air zoning and planning. He said the plan would be to work with the experienced consultant and come up with a proposal to revise the air zone regulations. Then,they would work with the county on getting the changes approved. He said they are hoping to do a RFQ within the next month to get a consultant on board. Mr. Borsuk stated the prior amendment allowed residential south of 20th Avenue. He said he agrees with making changes to the air zone regulations. He compared other air zone areas and stated the changes should also take into consideration single and multi-family housing. Mr. Burich said the benefit of the process is staff will be working with a consultant. He said the prior amendment was staff developed. Development of a Flood Storage Zoning Districts Mr. Gohde gave a brief history on what the plans were for the flood storage. He reviewed some of the projects that were completed near the Sawyer Creek area. He said these projects resulted in the DNR requiring a map amendment. He said they went through the process of completing the flood plain map amendments. He stated after all the improvements, FEMA and the DNR will be increasing the flood areas within the city boundaries due to the fact that we could no longer account for all the natural occurring detention in the rural areas. He said working with FEMA and the DNR, they agreed on where the boundary limits within the city would be. He said the next step would be to enact an ordinance to require rural flood storage areas to be preserved. He stated this would enable the city to reduce the number of flood plains within the city. Mr. Burich reported that they are going to start the process of public engagement and developing the ordinance. He said they will also need to get it mapped within the city and in the extraterritorial areas. Mr. Borsuk asked if this was the FEMA map. Mr. Gohde responded this will get us to the point where they will be able to adopt a new FEMA map and where the new maps would be published. Mr. Borsuk questioned if it mattered where the location was as opposes to the volumetric storage. Mr. Gohde responded that location does have a factor and could potentially impact other properties. Ms. Propp asked if this would ultimately have to be approved by the county. Mr. Burich replied the county does have a flood storage ordinance but it is not yet mapped to the areas we are asking,hence the reason for the public engagement. Ms. Propp asked if the county will have to map it. Plan Commission Minutes 9 October 2,2018 Mr. Burich replied correct. He said they would map some of the areas within the city but the amount proposed to be mapped is lower. Mr. Gohde noted the areas are usually undeveloped areas. Potential Sign Code Updates-Temporary Si ngaZ_e Mr. Burich reported that there are three potential sign updates. There have been some issues with the signage. Staff has been looking into signage code with more focus on residential and temporary signage. Staff has been working through some code issues that allow a person to sell their home versus allowing a person to have a for lease sign on the home. The struggle on how to enforce the code has staff looking into potentially changing the temporary sign permit regulations. Mr. Burich suggested some options but stated he would have to look at what other communities are doing. He said they could potentially say no signage of any kind is allowed in residential districts but that option also has drawbacks. Mr. Borsuk asked if staff had considered changing signage for commercial lots. Mr. Burich replied it could be changed if there is a pressing need for it. Mr. Borsuk stated an example would be the sign by 41 and 44 near the outlet stores. Mr. Burich responded he was not sure what sign Mr. Borsuk was talking about but would look into it. He said an option would be to put out a poll on what staff should be looking into from a sign perspective. Staff is mainly focusing on signage in the residential areas due to the excessive signage in certain areas of the city. There being no further business, the meeting adjourned at approximately 4:52 pm. (Cummings/Ford) Respectfully submitted, Darryn Burich Director of Planning Services Plan Commission Minutes 10 October 2,2018