Loading...
HomeMy WebLinkAboutMinutes PLAN COMMISSION MINUTES December 18,2018 PRESENT: Ed Bowen, Steve Cummings, Thomas Fojtik,John Hinz,John Kiefer, Andrew Mott, Thomas Perry, Kathleen Propp EXCUSED: Michael Ford, Derek Groth, Robert Vajgrt STAFF: Darryn Burich, Planning Director; Steve Gohde,Assistant Director of Public Works; Mark Lyons, Principal Planner;Jeff Nau,Associate Planner;Brian Slusarek, Assistant Planner; Steven Wiley,Assistant Planner;Mina Kuss, 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 December 4, 2018 were approved as presented. (Hinz/Mott) I. EXTRATERRITORIAL FOUR-LOT LAND DIVISION/CERTIFIED SURVEY MAP AT NICKELS DRIVE & COUNTY HIGHWAY S IN THE TOWN OF OSHKOSH The petitioner is seeking approval of a four-lot land division/Certified Survey Map (CSM) from one existing lot located between County Highway S and Nickels Drive in the Town of Oshkosh. Sizes of the proposed lots are as follows: Lot 1 = 155,962 sq. ft. (3.580 Acres) Lot 2=87,224 sq. ft. (2.002 Acres) Lot 3 = 100,956 sq. ft. (2.318 Acres) Lot 4= 128,967 sq. ft. (2.961 Acres) Mr. Wiley presented the item, reviewed the site and surrounding area, discussed the current use of the property and the purpose of the land division. Martenson& Eisele Inc. prepared a four-lot land division/CSM for the subject site. The petitioners submitted this CSM along with their application on November 6th, 2018. They would like to subdivide a 10.7 acre vacant lot into four single family residential lots to allow for the construction of new single-family homes. There is a drainage swale between lots 2 and 3 that the petitioners mentioned in their application and the only site restriction. Much of the existing development immediately surrounding the site on the south,east and west consists of single-family residences already. Mr. Bowen arrived at 4:04 PM. Mr. Kiefer asked about the irregular shape of the lots. Mr. Wiley responded he wasn't sure. Plan Commission Minutes 1 December 18,2018 Mr. Nau said that the surveyor did not mention anything about why the particular configurations were chosen. Mr. Burich commented to look at an aerial photo because it shows one of the parcels running along a tree line. Mr. Hinz said there is a drainage area between Lot 2 and Lot 3. Mr. Nau stated it looks like there is a drainage swale in the area but it has not been identified by the DNR. Motion by Propp to approve the extraterritorial four-lot land division/certified survey map at Nickels Drive & County Highway S in the Town of Oshkosh. Seconded by Hinz. Motion carried 8-0. II. PUBLIC HEARING: OFFICIAL MAPPING FOR WIDENING OF NORTH KOELLER STREET RIGHT-OF-WAY NORTH OF OSHKOSH AVENUE The City of Oshkosh requests approval to officially map additional right-of-way on the east and west sides of N. Koeller Street,north of Oshkosh Avenue. Mr. Slusarek presented the item,reviewed the site and surrounding area and discussed the need for officially mapping a 10 ft. wide additional right-of-way on the east and west sides of N. Koeller Street,north of Oshkosh Avenue. This request is the result of a recommendation that was made as part of a Traffic Impact Analysis (TIA) that was conducted in anticipation of the Oshkosh Global Headquarters being built and private properties along Oshkosh Avenue being redeveloped. The purpose of the official mapping is to expand N. Koeller Street in order to add a dedicated turn lane for southbound traffic on N. Koeller Street going west at the roundabout. This dedicated turn lane is needed as the majority(over 80%) of Oshkosh Corporation employees come and go from Interstate 41, N. Koeller Street or State Highway 21. In addition to officially mapping the right-of- way on the west side of N. Koeller Street for the dedicated turn lane, City staff recommends additional right-of-way on the east side of N. Koeller Street to ensure there is enough right-of-way to handle the traffic that Oshkosh Corporation is proposing Mr. Burich commented that staff did meet with the property owner on the west site of the street and notified him about the project. Motion by Kiefer to approve the public hearing:official mapping for widening of North Koeller Street right-of-way, north of Oshkosh Avenue. Seconded by Mott. Motion carried 8-0. Plan Commission Minutes 2 December 18,2018 III. FINAL PLAT-FOURTH ADDITION TO CASEY'S MEADOW SOUTH The applicant is requesting approval of a final plat containing 40 single family lots and right-of- way identified as the Fourth Addition to Casey's Meadow South. The 11.485 acre plat is zoned Single Family Residence-5 District (SR-5). An overall preliminary 105 lot development and final plat (20 lots)was approved for this development in 2005 followed by the First Addition(12 lots)in 2008, Second Addition (24 lots)in 2012 and Third Addition(20 lots) in 2017. The conditions with this request are: 1. Orphaned parcel area south of Lots 80 &81 shall be include in plat and incorporated into said lots or made an outlot; 2. Revise all easement notes and indicators on plat: All Public Utility easements need to be renamed to Municipal Utility. All 12' Private Utility easements need to be renamed to 12' Public Utility easements; 3. Ownership of parent parcels underlying the plat shall be changed to one common ownership. 4. Modify municipal access easements between Lots 79 &80, 85 &86 and 91 &92 to include pedestrian access. 5. Modify the backs of Lots 85 &86 and 91 & 92 to have one common property corner and adjust affected easements accordingly. 6. Developer to install 10-foot wide pedestrian trail (3" asphalt over 8"base) centered on pedestrian easement between Lots 79 &80, and a 5-foot wide pedestrian trail (3" asphalt over 8"base) centered on pedestrian easement between 85 &86 and 91 &92 at time of public improvement construction. Mr. Nau presented the item, reviewed the site and surrounding area,land use and zoning classifications in this area. The owner is proposing to subdivide this area consistent with the previous preliminary plat approved by the City in 2005. The lot configurations differ slightly from the preliminary plat in regard to lot widths for the proposed parcels along Wyatt Way and Sage Crossing. These alterations are minor and the lots still meet minimum requirements of the SR-5. Also, the plat extends to the southwest more than the preliminary plat resulting in nine additional lots over the preliminary plat. Temporary cul-de-sac easements have been placed at the west ends of Casey Trail, Wyatt Way and Mockingbird Way. This is to provide a turnaround area for emergency, Public Works and other large vehicles. As the subdivision develops to the west, the easements will be released as they are no longer needed. A terrace tree and street lighting plan has been submitted. The Department of Public Works and the Forestry and Electric Divisions will review it to ensure it meets subdivision regulations. The developer has chosen to pay parkland dedication fees in lieu of land dedication which would have totaled 41,800 square feet of land area. The payment fee is$200 per lot at plat acceptance ($7,600 total) and an additional$200 per lot at building permit issuance. The Parks Department reviewed the proposed plat and indicated per the Rusch Park Master Plan, a trail connection to the subdivision is recommended somewhere along Lots 77 to 82. Mr. Nau added that there will be an additional condition due to the Developer's agreement and timing of approvals for Common Council. Plan Commission Minutes 3 December 18,2018 Ms. Propp questioned condition#6 and the reasoning behind why the pedestrian trail goes from 10' to 5'. Mr. Nau explained that the 5' section is a pedestrian connection from the subdivision whereas the 10' section would connect to the Sawyer Creek trail system which is generally 10' wide. Mr. Burich added that the 5' section is just a path leading to an official trail system. Mr. Hinz asked if a crosswalk would be used to connect the pedestrian path to the trail system due to the offset of the two. Mr. Burich replied it would not be likely because it is not a high volume street. Mr. Gohde said that they are working with the developer on this item. He said they do not plan on putting in an angled crosswalk but they do plan on putting in a perpendicular crosswalk because it is the shortest distance to cross the road. Chet Wesenberg,240 Algoma Boulevard, said he is available to answer any questions. He mentioned he would like to modify condition#6. He explained his reasoning behind it,which is due to an agreement with the City in 2004 and 2005. He said the original agreement was that he would provide an easement for the pedestrian walkway but the City would pay for it. He explained it would not be prudent for the developers to install a pathway now as it would not be used for quite some time. Mr. Fojtik asked Mr. Wesenberg to clarify what modification he would like to make. Mr. Wesenberg stated he would like the plat to be approved as is but eliminate condition#6. Mr. Burich asked for confirmation on what area of the pathway Mr. Wesenberg was asking to eliminate from the condition. Mr. Wesenberg replied it would be the entire pathway. He added that he understands the other conditions. Mr. Bowen confirmed that Mr. Wesenberg is asking for the plat to be approved as is which shows the two pathways but the installation would be later on and a different party may be responsible for the cost. Mr. Wesenberg replied the original agreement was that the City would install the pathways when and if needed. Mr. Bowen stated the install is part of the Developer's agreement and should not be an item for Plan Commission to take action on. He said Plan Commission approves the plat and ensures areas are planned appropriately. Plan Commission Minutes 4 December 18,2018 Mr. Burich commented that the approval of the plat would still mean that the easements are in place for future installation. Mr. Gohde asked for clarification that the trails' grading would be left as is but the concrete/asphalt surface would be left off for now. He said the reason is because the trails are usually built up higher than the surrounding areas. Mr. Bowen asked for confirmation that the approvals for elevation and install would be through the Developer's agreement and Site Plan Review which is after Plan Commission approval. Mr. Gohde replied it would be depend on what the definition of"install" is. Mr. Burich explained that there are two different pathways. He said a reason for the pedestrian trail through the subdivision is due to the block being longer than normal. He stated that typically Sage Crossing would be a thru street but because it is not, the pedestrian pathway would be a higher priority because of the higher use. Plan Commission and staff discussed the elimination of condition#6 and the fact that it would be discussed in subsequent approvals. Mr. Mott asked if there was anything in the Zoning Ordinance that would give requirements for construction of the trails. Mr. Burich replied there is no code requirements for the trail to the south but would have to look into the subdivision requirements for the trail to the north. He said there are requirements related to maximum length of a block. Mr. Mott asked if there was a code requirements for the pavement surface of the trails. Mr. Burich replied there is not but the staff is in the process of updating the subdivision requirements. He said that overall, the subdivision requirements are good but it is not strong in terms of side paths like the one to the north. Ms. Propp stated that the trail is very important. She is concerned that if the trails are not paved, adjacent property owners might think it is part of their property and use it accordingly. She stated the paving needs to occur. Mr. Kiefer mentioned there is an item in the five year Capital Improvement Plan for the Rusch Park development. He said it does not specify what the money is going to be used for but nevertheless it is in the plan. Mr. Perry said living in a subdivision which has no park or recreational space, there is allegedly a provision that states there has to be access to the Wiouwash trail. He explained that the area of access is currently under water,has never been developed or kept up/maintained. He said the majority of the neighbors access the trail through a vacant lot and once that vacant lot is Plan Commission Minutes 5 December 18,2018 developed, there won't be an access for the neighborhood. He stated that he agrees with Ms. Propp on ensuring the trails are paved ahead of time or else it might be in the same predicament his subdivision is currently in. Mr. Burich commented that he believes there is a trail around the detention basin. Mr. Kiefer replied that is the trail that is under water. Ms. Propp asked what are the options are for ensuring that the pavement will be installed. Mr. Burich explained that the approval of the plat includes the provision in it and the details for sidewalks, roads,etc. which are all covered through the Developer's agreement. He also explained the following steps for approval after the Developer's agreement. Motion by Hinz to approve a final plat for the fourth addition to Casey's Meadow South with the following amended conditions: 1. Orphaned parcel area south of Lots 80 &81 shall be include in plat and incorporated into said lots or made an outlot, 2. Revise all easement notes and indicators on plat: All Public Utility easements need to be renamed to Municipal Utility. All 12'Private Utility easements need to be renamed to 12' Public Utility easements, 3. Ownership of parent parcels underlying the plat shall be changed to one common ownership. 4. Modify municipal access easements between Lots 79 &80, 85&86 and 91 &92 to include pedestrian access. 5. Modify the backs of Lots 85&86 and 91 &92 to have one common property corner and adjust affected easements accordingly. 6. City and developer enter into a Developer's Agreement for construction and financial guarantees for construction of subdivision plat improvements prior to Common Council approval. Seconded by Bowen. Motion carried 8-0. IV. PUBLIC HEARING: ZONE CHANGE FROM SINGLE FAMILY 9 DISTRICT (SR-9) & INSTITUTIONAL DISTRICT (I) TO INSTITUTIONAL DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (I-PD), GENERAL DEVELOPMENT PLAN AND SPECIFIC IMPLEMENTATION PLAN FOR AN INCREASED PLAYGROUND AND COMMUNITY GARDEN AT 575 MONROE STREET,581 MONROE STREET AND 532 BROAD STREET, COMMONLY KNOWN AS THE BOYS AND GIRLS CLUB OF OSHKOSH The applicant requests a zone change from the existing Single Family 9 District (SR-9) and Institutional District (I) to Institutional District with a Planned Development Overlay (I-PD), Plan Commission Minutes 6 December 18,2018 approval for a General Development Plan and Specific Implementation Plan for 575 Monroe Street, 581 Monroe Street and 532 Broad Street. Mr. Lyons presented the item,reviewed the site and surrounding as well as land use and zoning classifications in this area. The petitioner is proposing to combine the three existing parcels into a single parcel. In doing so, the entire site will need to have a common zoning designation. The applicant has been approved for multiple variances in the past and staff feels a zoning with a Planned Development would be appropriate. In conjunction with the parcel combination, the applicant would like to use the two existing residential lots to increase the size of the playground area and create a community garden area. The applicant would like to continue the existing fence around the expanded playground area and also fence in the community garden area. The existing fence is not in conformance with City of Oshkosh fencing standards. In order to maintain a consistent look, the applicant is requesting a zone change to Planned Development and seek Base Standard Modifications (BSM) related to fencing. Mr. Perry asked if the lots were all owned by the Boys and Girls Club. Mr. Lyons confirmed it was owned by the Boys and Girls Club. Mr. Hinz questioned why the fencing was not higher between the playground area and residential. Mr. Lyons explained there is a 50' to 60' separation due to the lot, where the community garden would be located,between the playground and residential. Jamie Wilcox, 350 W. 14f Avenue, described the current location of the playground and the safety concerns with the shape of it. He said the Boys and Girls Club have purchased both the lots in order to enlarge the playground area and square it off instead of it being L-shaped. He said part of the area would also be used for a community garden. He said the current garden is behind to building and the extra space would allow the garden to expand. He reiterated that the space would be left mainly as greenspace with a few trees for shade. He said as far as the conditions, he will have to work on staff with the fencing on the south side because he wants to be mindful of the tenants'needs. Mr. Lyons said staff will work with him on the landscaping/fencing plan. Bernie Pitz, 617 W. Irving Avenue, said he appreciates all that the Boys and Girls Club does. He stated that he owns the property directly across the street, which is a three unit. He explained that a couple years ago, the City rezoned his property from a three unit to a single family. He stated he does not object to the playground but he does object to the community garden. He said his reasoning is due to the high volume of littering on the corner of E. Parkway Avenue and Monroe Street,where there is currently a bus stop. He said the addition of the community garden will add to the problem. Motion by Bowen to approve a zone change from Single Family 9 District(SR-9) &Institutional District (I) to Institutional District with a Planned Development Overlay (I-PD), General Development Plan and Specific Implementation Plan for an increased playground and community garden at 575 Monroe Street, Plan Commission Minutes 7 December 18,2018 581 Monroe Street and 532 Broad Street, commonly known as The Boys And Girls Club Of Oshkosh with the following conditions: 1. Base Standard Modification to allow a 5'chain link fence along Monroe Street. 2. Base Standard Modification to reduce the required bufferyard setback from 10'to 5'. 3. One of the following landscaping options shall be installed along the south bufferyard. a. The applicant provided a 6'solid fence and 70 points of landscaping (50 points per 100') b. The applicant provided a 5'slated chain link fence with 175 point of landscaping (125 points per 100') 4. Final landscaping and fencing plan shall be approved by the Department of Community Development. 5. CSM or lot combination to create a single parcel. Seconded by Kiefer. Motion carried 7-0-1 (Abstain:Perry). V. PUBLIC HEARING: TEXT AMENDMENTS RELATED TO ESTABLISHMENT OF SHORT TERM RENTALS WITHIN SECTION 30-74 AND 30-78 OF THE ZONING ORDINANCE The City of Oshkosh Department of Community Development requests review and approval of amendments to the Oshkosh Zoning Ordinance. Mr. Lyons discussed the amendments to the Zoning Ordinance as presented in the staff report. The City of Oshkosh is proposing updates to the zoning ordinance based on changes enacted by the State legislature under Act 59. Under Act 59 the State defines short term rentals and limits municipality's authority to regulate them. It also establishes standards related to room tax requirements for short term rentals.To adopt these changes at the local level,staff is proposing changes to the City's zoning code to remove vacation rental homes and define short term rentals. Mr. Burich reiterated that the Short Term Rental is permitted in all districts with a living unit. Mr. Kiefer questioned if staff knew exactly how many people would be affected by this ordinance. Mr. Lyons replied that prior research from staff showed 100-150 rooms that were rented out for various periods of time throughout the city. Ms. Propp asked if this was a direct correlation to the change in the state law. Mr. Lyons confirmed it was. He explained the change in the state law and how the proposed ordinance amendment would comply with the state law. Ms. Propp enquired about health and safety provisions. Plan Commission Minutes 8 December 18,2018 Mr. Lyons explained the provisions would require an inspection through the county health department and for applicants to acquire a license. Motion by Propp to approve the public hearing:text amendments related to establishment of short term rentals within section 30-74 and 30-78 of the zoning ordinance. Seconded by Mott. Motion carried 7-0-1 (Abstain:Perry). VI. PUBLIC HEARING: PROPOSED ZONING ORDINANCE AMENDMENT TO CREATE FLOOD STORAGE DISTRICT WITHIN SECTION 30-156 OF THE FLOODPLAIN OVERLAY ZONING DISTRICT The City of Oshkosh Department of Community Development requests review and approval of an amendment to Section 30-156 of the Floodplain Overlay Zoning District to add Flood Storage District (FSD) as part of the regional floodplain area. Mr. Burich discussed the amendments to the Zoning Ordinance as presented in the staff report. The City of Oshkosh participates in the National Flood Insurance Program by adopting maps and regulations pertaining to special flood hazard areas (the floodplain) that are commonly known as the Flood Insurance Rate Map (FIRM). The FIRM maps can only be amended by the Federal Emergency Management Agency (FEMA) and these maps are periodically updated to reflect improvements done in the floodplain. Through the Zoning Ordinance the City has adopted a Floodplain Overlay District that mirrors the FIRM and acts as the local regulatory tool that regulates actual development in the floodplain. If the City did not adopt the DNR Model Floodplain Ordinance,property owners within the FIRM would not be eligible to receive flood insurance. Being mapped as a floodplain property can significantly impact the developability of a property and/or be costly in terms of having to obtain flood insurance. In order for the "new' floodplain boundaries to take effect,the City has to create a new floodplain district identified as a Flood Storage District(FSD). Once created, both the City and Winnebago County must map the Flood Storage District areas in order for the new FIRMs to take effect, which will be done as part of one overall request in 2019. Once the Zoning Ordinance is amended to include the Flood Storage Districts, staff will start the mapping process with the County that will involve notification and public meetings. Mr. Gohde explained that the Flood Storage Districts are areas where water is currently accumulating. He said currently, rural detention areas are not calculated into the floodplain. He explained that the floodplain kept growing every year but if the rural detention areas were included in the calculation, the floodplain in many areas could decrease. He reiterated that the volume of water in the Flood Storage District has to be maintained and cannot change. Mr. Fojtik stated this item will impact many homeowners even himself. He said this affects him because a portion of his lot is located in the floodplain and therefore he needs flood insurance. Plan Commission Minutes 9 December 18,2018 Mr. Mott asked for confirmation that only the amendment to create a Flood Storage District in the ordinance was being approved and not the map. Mr. Burich confirmed. He stated the mapping will occur next year. Mr. Mott and Mr. Fojtik asked about the sizes of the red areas (Flood Storage Districts) shown on the map. Mr. Gohde explained that the red areas are what current data is showing as areas that are detaining water whether they are detention basins, culverts or low spots. Mr. Mott asked if the map shown will change. Mr. Burich replied the map is a proposal of where Flood Storage Districts will be mapped. He explained there are multiple steps. He said the City would map areas within the city and the County would map areas outside of the city. Mr. Mott asked if staff foresees a change in the rainfall events by adding the Flood Storage Districts. Mr. Gohde replied that the Flood Storage Districts are taking into account the 100 year rainfall event which is what FEMA is requiring. Mr. Mott asked if the map needed to be change later, that it could be changed. Mr. Gohde replied it could be changed. He said if the rainfalls change,the City can work with Winnebago County and amend the Flood Storage Districts. He stated that FEMA is not approving the Flood Storage Districts but only requiring them. Bernie Pitz, 617 W. Irving Avenue, stated that he owns land along Sawyer Creek. He said he made two trips to City Hall to find out more information on the mapping. He said he stopped in Planning and Zoning as well as Public Works and no one had information for him. He stated that there were two publications on it directing questions to Planning and Zoning. He stated that the item should be laid over until information and maps can be provided to the general public. Ms. Propp reiterated that the map is not being approved, only the creation of the Flood Storage District in the ordinance is being approved. She agreed with Mr. Pitz is regard to giving the proper information,maps and notices to the general public at the time of mapping the Flood Storage Districts. Mr. Burich agreed. He said originally, there was a meeting scheduled but it was cancelled due to unforeseen circumstances. He stated there is a meeting scheduled around the end of January to February with all affected property owners. He said the meeting will be held before it comes to Plan Commission for any action. Plan Commission Minutes 10 December 18,2018 Motion by Bowen to approve the public hearing:proposed zoning ordinance amendment to create Flood Storage District within section 30-156 of the Floodplain Overlay Zoning District. Seconded by Kiefer. Motion carried 8-0. There being no further business, the meeting adjourned at approximately 5:13 pm. (Cummings/Mott) Respectfully submitted, Darryn Burich Director of Planning Services Plan Commission Minutes 11 December 18,2018