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HomeMy WebLinkAboutMinutes PLAN COMMISSION MINUTES February 19,2019 PRESENT: Ed Bowen, Steve Cummings, Thomas Fojtik, Michael Ford,John Kiefer, Andrew Mott, Thomas Perry, Kathleen Propp EXCUSED: Derek Groth, John Hinz, Robert Vajgrt STAFF: Darryn Burich, Planning Director;Steve Gohde,Assistant Director of Public Works; Mark Lyons, Principal Planner;Jeff Nau, Associate 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 February 5, 2019 were approved as presented. (Propp/Ford) I. STREET RIGHT-OF-WAY DEDICATION FOR COUNTY HIGHWAY Y (W. SUNNYVIEW RD.) The petitioner requests the dedication of street right-of-way to enable future expansion of County Highway Y (W. Sunnyview Rd). Mr. Wiley presented and reviewed the site and surrounding area. On December 14, 2018 Fox Valley Land Surveying completed a Certified Survey Map (CSM) for the City of Oshkosh to dedicate an additional 7 feet of right-of-way for eventual expansion of County Highway Y west of Jackson Street. Right-of-way would be dedicated from the County parcels just to the south of County Highway Y. This expansion would allow County Highway Y west of Jackson Street to have a four-lane, 80-foot width consistent with that of County Highway Y east of Jackson Street. The proposed 80-foot wide right-of-way will accommodate a four-lane street and provide area for public sidewalks and ample terrace area for terrace trees and snow storage. The dedication was included on a CSM recorded earlier this year at the Winnebago County Register of Deeds. The dedication will become official upon approval by the Common Council. There was no discussion on the item. Motion by Ford to approve the street right-of-way dedication for County Highway Y(W. Sunnyvicw Road). Seconded by Kiefer. Mr. Ford commented this is a great idea especially for connectivity reasons. Plan Commission Minutes 1 February 19,2019 Mr. Fojtik agreed. Motion carried 7-0. Mr. Bowen arrived at 4:04 pm. II. STREET RIGHT-OF-WAY DEDICATION AT 300-400 BLOCK OF WASHINGTON AVENUE The petitioner requests the acceptance of street right-of-way on the north and south sides of Washington Street,west of Broad Street. Mr. Nau presented and reviewed the site and surrounding area. The City of Oshkosh is requesting the dedication of right-of-way along the frontage of two properties on the north side and six properties on the south side of the 300-400 block of Washington Avenue, resulting in a 57' wide right-of-way. This dedication was initiated by the Department of Public Works to provide right-of- way area needed as a result of the recent street reconstruction. The additional right-of-way will allow for adequate width for public sidewalk usage. The Department of Public Works noted that the signatures are needed from the property owners. Mr. Burich added that they had met with the neighboring property owners and discussed the dedication of extra lands to widen out the terrace. Mr. Gohde explained the size change of the terraces before and after the construction. Mr. Burich commended the neighboring property owners for willing to dedication additional right-of-way. Ms. Propp questioned if the sidewalks have already been built. Mr. Burich confirmed. Motion by Propp to approve the street right-of-way dedication at 300-400 block of Washington Avenue. Seconded by Mott. Motion carried 8-0. III: GRANT VARIOUS EASEMENTS AND DEDICATE STREET RIGHT-OF-WAY EAST OF CLAIRVILLE ROAD, NORTH OF THE WISCONSIN SOUTHERN RAILROAD LINE (SOUTHWEST INDUSTRIAL PARK EXPANSION AREA) The city is seeking approval of the granting of 13 various easements and the dedication of street right-of-way related to the development of the Southwest Industrial Park Expansion Area. Mr. Nau presented and reviewed the site and surrounding area. The city is in the process of preparing a Certified Survey Map as part of the Southwest Industrial Park expansion. The map will consolidate lands owned by the city, create four new lots and dedicate new streets to provide access to the area. The city started acquiring this land in the early 2000s. Since then, construction of public and private utilities have occurred which follow the proposed street layout. Additional Plan Commission Minutes 2 February 19,2019 industrial park preparation included the construction of several storm water facilities to serve anticipated industrial development. Lastly, the city completed construction of a railroad transload facility, which will anchor the expansion area and attract development to the area. With the city having a large amount of public infrastructure in place, the city has decided to include the granting of a variety of easements to itself to serve various purposes. This will ensure that the city will have continued access to its facilities after the city no longer maintains ownership of the underlying land. Easements will also be granted to provide secured rail access and provide locations for public utility providers such as Wisconsin Public Service, AT&T,etc. The city is proposing a right- of-way dedication of Compass Way, Transit Drive and Clairville Road. Mr. Fojtik asked if land owners were aware of the proposed easements and dedications of street. Mr. Nau explained all the lands being affected by this are all city owned. Motion by Perry to approve granting various easements and dedicate street right-of-way east of Clarville Road, north of the Wisconsin Southern Railroad Line (Southwest Industrial Park Expansion Area). Seconded by Ford. Motion carried 8-0. IV: PUBLIC HEARING: CONDITIONAL USE PERMIT FOR A GROUP DEVELOPMENT LOCATED AT THE NORTHEAST CORNER OF ELK RIDGE DRIVE AND RUFFED GROUSE WAY (THE HOMES OF HUNTERS RIDGE VI-A CONDOMINIUM COMMUNITY) The applicant requests approval of a Conditional Use Permit for a Group Development consisting of eight two-family condominium structures totaling 16 dwelling units. Mr. Nau presented the item and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. The applicant is proposing to develop the site with eight two-unit condominium structures totaling 16 dwelling units. The development is consistent with previous condominium developments to the north and east except that 2-unit structures are being proposed whereas previous developments have structures with four to six dwelling units. This development will be unique in the city in that the pre 2017 Zoning Ordinance did not allow more than one single or two-family structure per parcel. The current ordinance allows this via Conditional Use for a Group Development, a development with three or more principle structures on a single parcel. The dwelling unit density for the proposed development is consistent with the condominium developments to the north and east averaging four to five units per acre. The eight proposed structures are identical,each containing two 1,518 square foot 2-bedroom units with attached two car garages. Six of the structures are placed around the periphery of the public streets facing inwards and remaining two are located centrally on the property. Other site design criteria will be reviewed during the Site Plan Review process including but not limited to architectural design standards, landscaping plan, site lighting plan, storm water management and utilities. Plan Commission Minutes 3 February 19,2019 Bob Reider, 615 N. Lynndale Drive of Appleton, stated he was from Carow Land Surveying. He said Carow Land Surveying drafted the condominium plat. He explained the reason for the change for duplexes was due to the demand. John Plichta,3225 White Tail Lane Unit F, questioned that due to changes from the original plan, if there was a procedure to notice the abutting properties. Mr. Nau and Ms. Kuss replied mailings were sent out to property owners within 100 feet of the proposed area, there is also a notification sign at the property and two legal publications. Mr. Plichta asked how the construction vehicles would enter into the area. Mr. Nau said that would be a question for the applicant since both Elk Ridge Drive and White Tail Lane are public roads. Mr. Plichta said he realizes that it is currently an empty field but does not understand how incoming traffic could come in from the south or west side of the development site. He said he does not understand how it would work with the fire lanes and the congestion. Mr. Burich showed where the access points were on the map. Mr. Reider expalined at this point the plan would be to come down Elk Ridge Drive because it is paved much further. Mr. Plichta asked if there is a timeframe to finish the project once it has started. Mr. Burich replied there is not a timeframe. David Sleight,3175 White Tail Lane Unit E, said he is the current president of the three building association. He said their main concern is the use of the fire lanes because their access to the driveways are off fire lanes,not off White Tail Lane or Elk Ridge Drive. He explained the owners of the association are responsible for maintenance of the fire lanes. He would like to limit the traffic coming from the new development onto their fire lane. Mr. Reider explained there would be signage that would direct the construction vehicles directly to the site instead of the other easement areas. He said the condominium plat does show a common ingress and egress easement between the two different condo units but that would be discussed during the condo declaration process. He stated the intent during construction is to avoid any additional traffic. Ted Dufour, 3265 White Tail Lane Unit B, pointed out areas of the site that have not been built yet. He asked if the road connecting to Elk Ridge Drive would be paved as part of this process. He said currently there are limited entry/exit access points. Plan Commission Minutes 4 February 19,2019 Mr. Nau replied that it would all have to be paved per code requirements. Mr. Burich added it is a requirement once the site is fully development. He asked Mr. Reider for the schedule. Mr. Reider responded the developer would like to get started as soon as possible. He said that it would all be asphalted. He said the site plan shows everything that will be done and it will give another entry/exit access point to the residents. Mr. Burich asked about the schedule specifically relating to the road heading east to Elk Ridge Drive. A gentleman from the audience responded that it would go into the binder code immediately once the area starts to get developed. Mr. Bowen asked if this was the first request of this type since the ordinance update in regard to the Conditional Use Permit of a group development for residential. Mr. Nau replied he believes so. Mr. Bowen asked if this would come back to Plan Commission for another approval similar to the Planned Development process. Mr. Burich replied it does not come back to Plan Commission once approved. He said once approved, the applicant would just have to make sure everything else meets base code standards. Ms. Propp questioned if there was another access point to White Tail Lane. Mr. Nau said there is not another one from the proposed development but there is one to the north. Ms. Propp commented she is very impressed by the overall area around the proposed development. Motion by Ford to approve the public hearing: Conditional Use Permit for a Group Development located at the northeast corner of Elk Ridge Drive and Ruffed Grouse Way (The Homes of Hunters Ridge VI—a Condominium Community). Seconded by Bowen. Motion carried 8-0. V: PUBLIC HEARING: PROPOSED ZONING ORDINANCE AMENDMENT TO SECTION 30-156-FLOODPLAIN OVERLAY ZONING DISTRICT,TO ADOPT REVISED FEMA FLOOD INSURANCE RATE MAPS AND REGULATORY Plan Commission Minutes 5 February 19,2019 FLOODPLAIN AND FLOOD STORAGE DISTRICT MAPS WITHIN THE SAWYER CREEK WATERSHED 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 adopt amended FEMA Flood Insurance Rate Maps as the regulatory zoning floodplain maps as well as the Flood Storage District Maps. Mr. Burich and Mr. Nau presented this item and explained what step of the process they were in. There was a meeting with all affected neighbors on February Th. Over 450 notices were sent out. Mr. Burich reviewed the PowerPoint from the meeting. The PowerPoint reviewed background information, propose and goals. Mr. Nau said 60 properties have been completely removed from any impact of the 100 year floodplain conversely 23 properties now slightly touch the 100 year floodplain. A reason for this is because of the more accurate data they have received. Mr. Nau said this does not mean all 23 properties will have to get floodplain insurance. Mr. Nau showed the data and maps complied by Strand Associated. The City Department of Community Development requests review and approval of amended floodplain overlay maps to reflect the proposed new Flood Insurance Rate Maps(FIRMs)that are scheduled to become effective on March 27th,2019. The proposed FIRM is based on a Flood Insurance Study (FIS) for the Sawyer Creek Watershed dated 12/13/17. In order for the new floodplain maps to become effective, Winnebago County must map the flood storage districts proposed outside of the City's jurisdiction in the Towns of Nekimi and Utica. The Winnebago County Zoning Department is coordinating this process and the mapping will need approval by the County Board. Adoption of the new FIRM's and FIS is the final step in completing the process to adopt new Federal Emergency Management Agency Floodplain Maps, ensuring the City's continued participation in the National Flood Insurance Program. There was no discussion on this item. Motion by Kiefer to approve the public hearing:proposed zoning ordinance amendment to section 30- 156 -Floodplain Overlay Zoning District, to adopt revised FEMA insurance rate maps and regulatory floodplain and flood storage district maps within the Sawyer Creek watershed. . Seconded by Mott. Motion carried 7-0-1 (Abstain:Fojtik). Mr. Burich explained this is a two part process and the county still has to map the flood storage districts. VI: GENERAL DEVELOPMENT PLAN APPROVAL FOR A MULTI-FAMILY DEVELOPMENT LOCATED AT 3054 W. 20TH AVENUE The applicant requests approval of a General Development Plan to allow for a multi-family development located at 3054 W. 20th Avenue with the following condition: Plan Commission Minutes 6 February 19,2019 1. Base Standard Modification to exceed the maximum allowed 12 units per building to 42 units per building. Mr. Lyons presented the item, reviewed the site and surrounding area, land use and zoning classifications in this area. In 2008 the subject area and lots immediately west, were approved as part of the Planned Development for two Community Based Residential Facilities (CBRF) and 25 single family condominiums. Subsequently, the two CBRF's were developed but the single family condominium project never proceeded. The applicant is looking to purchase the property and construct a new multi-family development. The applicant is seeking to construct three 42 unit buildings. As the parcels were previously approved for single family condominiums, the applicant is required to seek approval of a new General Development Plan (GDP)to alter the use to multi-family. Staff understands the need for the larger building size to incorporate enclosed parking within the buildings. Staff supports the concept for enclosed parking within the buildings as it also preserves/increases green space throughout the site that would be traditionally taken up by surface parking lots. Finalized site design, access, storm water management,utilities, landscaping and signage will be reviewed during the Specific Implementation Plan (SIP) and Site Plan review processes. Concept building elevations have been included. The proposed buildings are a mixture of pre-cast concrete panels clad in brick or stone accents. The upper floors are clad in two colors of horizontal lap siding with a horizontal transition board in complimentary colors. The windows are traditional sash style. The apartment also features a private deck with an extended gable roof canopy. Final building elevations including materials and a breakdown of each material will be reviewed during the SIP process and will need to be in compliance with the multi-family exterior design standards. Mr. Mott asked what the build was to the north of the wet detention area. Mr. Lyons replied in previous developments it was a leasing office or gym but he was not sure what the exact use would be for this site. Mr. Bowen asked what the exterior requirements were for this type of request. Mr. Lyons responded there are multi-family development standards,however they are not as high as standards for commercial and riverfront properties. Mr. Bowen explained his thought process in compromising materials to allow a variance for the height of the buildings. Mr. Lyons said the building heights do meet code. He said 45 feet is the maximum allowed height in the MR-12 zoning. Mr. Bowen asked why the base standard modification was needed for. Mr. Lyons replied there are two parts to this discussion. He said the first one was to see if multi- family would be an appropriate use for the area and the second is to allow larger buildings such as the three 42 unit buildings. Plan Commission Minutes 7 February 19,2019 Mr. Fojtik questioned if this was a unique design to Oshkosh in terms of the garage location. Mr. Burich said there are some buildings with attached garages and underground parking but he could not think of one similar to the proposed buildings. Mr. Bowen said it is relatively unique. He stated he is concerned with the size of the buildings and would like to see a compromise with increasing the base development standards due to the buildings being more visible. Mr. Lyons read the zoning ordinance for cladding material requirements for multi-family developments. Mr. Bowen stated Plan Commission has been a little more sensitive to the appearance of buildings especially if they are more visible like this one. He wanted it known that the cladding will be looked at more in depth during the SIP process. Ms. Propp stated her concern is the size. She asked if there were any other 42 unit buildings in Oshkosh. Mr. Burich confirmed there were and named a few. Mr. Bowen suggested it may look bigger because the parking is integrated into the building. Mr. Burich said staff had the same concerns and that is why they went to tour a similar development in Holmen. He said the development they looked at was in the middle of a single family neighborhood and the development complemented the area very well. He said after seeing it,his concerns were lessened. Mr. Lyons stated he also had the same concerns but after visiting the site,he realized it did not have as big of an impact as he thought it would. He said he supported the idea more after he went out to Holmen and saw the site. He explained the difference between the sites. Mr. Kiefer questioned how this development would marry into the single family neighborhoods/sub divisions. Mr. Lyons showed on the map there is a large natural area to the north which would help create a buffer from future single family. He said the placement of the buildings are also setback quite a ways to give a buffer. He said seeing how the building interacted with the single family in Holmen,his concerns were lessened. He said the large parcel to the east is zoned multi-family as well. He reviewed other areas neighboring the site. Mr. Burich stated this is not uncommon to Oshkosh. He stated there are other areas where multi- family is integrated near single family zoning. He said one of the goals is to get a diversity of housing throughout Oshkosh and this development gives that diversity to the area. Plan Commission Minutes 8 February 19,2019 Mr. Cummings commented that in time landscaping will help soften the look like it did with other areas of the city. John Shuster, 2214 Omro Road, said he was an attorney with Caliber Law representing Linda Carlson, the owner/operator of Brookview Assisted Living. He said the facility is licensed to handle patients with Alzheimer and dementia. He said Ms. Carlson substantially opposes this development and they view it as a substantial change to the nature of the neighborhood and the nearby properties. He said the original approved development only consisted of 26 single family condo units. He stated another substantial change is the sheer volume of traffic this new development would bring. He said due to the types of residents being housed,noise level and traffic level is an important consideration. He said there are also concerns about the setback of the building to the west as well as the close proximity of the driveway entrance. He said there would be an additional 252 cars to the area. He said the proposed plan is not consistent or compatible with the neighboring area, specifically comparing height levels of buildings. He asked if there was a construction plan or timeline. Linda Carlson, 1019 E. Irving Avenue, said she wish she had more time to prepare since she just found out about the development about a week ago. She explained the shared driveway is only about a car and a half-length away from her residents'bedroom. She said she picked the site for the quiet and serenity of the area. She reiterated what Mr. Shuster said. She said the high noise and traffic volume would be very disruptive to her residents. She stated she is licensed with the state for 50 residents with dementia and Alzheimer. She is also concerned about extra traffic at her property due to people using it to turn around. She said this development would impact her business. She stated this is very upsetting to her. She handed out packets she prepared containing information about the assisted living facility, dementia and Alzheimer. Ms. Propp asked if it was a secure facility. Ms. Carlson confirmed it was a secure community. Ms. Propp asked who currently maintains the private road. Ms. Carlson explained it is just a dirt road but it is also a driveway to her property. She said it is a shared driveway for her and the abutting property. She stated she maintains the driveway. She pointed out the location of the driveway and the dirt road. She said the proposed building to the north of her facility would block out the sun and take away their privacy. Mr. Cummings left at 5:13 pm. Mr. Mott questioned what lot the access point was located on. Mr. Burich replied it was located on the adjacent property, lot 3470. Plan Commission Minutes 9 February 19,2019 Mr. Perry stated he visited her facility a couple years ago. He said he could not recall if there was fencing around the entire facility. Ms. Carlson stated it is only gated around the patio area. Mr. Perry said he has always been very hesitant about straightaways because there is a need for speed. He said he shares the same concerns with the road being so close. He said though there is a gated patio,most residents are allowed to walk the grounds. He suggested the developer work with Ms. Carlson and her facility because her facility is not secure. Mr. Bowen questioned if the private road is part of an easement or restrictive covenants. Ms. Carlson stated as part of the original development, the private road would have led to the condos but it was never developed. Mr. Bowen questioned again the location purpose of the private road. Mr. Gohde explained it is part of the original development. He said sanitary sewer intercept is running underneath as well as where the grading and drainage was set up. He said the culverts were already installed to allow the roadway to be place in this location. Mr. Gohde pointed out where the culverts were located. Mr. Mott asked if the culvert and road could be moved over. Mr. Gohde replied it could be done but it would affect the city's access to the utilities. Andy Klemp,93 S. Pioneer Road of Fond du Lac, said he is from Gremmer &Associates who came up with the conceptual plan. He said they were also involved in the original plan back in 2008. He said Mr. Gohde is correct about the road and that there is an easement underneath. He said there is a culvert pipe between the wet pond and the dry pond. Chad Robertshaw, 2150 Morningstar Lane, said he did a lot of research before planning where to build their house. He said he definitely would not have picked the site if he knew he would be walking out to a four story tower. He stated he is concerned because landscaping will not hide the buildings and the extra traffic it would bring to the area because the YMCA and school are already high traffic areas. He said the one access point for all the vehicles to enter/exit onto 201h Avenue is very dangerous especially for children. He said the development is not compatible with the area. Brad Kortbein, 201 W. Veterans Street of Tomah, said he is from Cornerstone Architects and help design this development. He said he also helped with designing the previous development. He explained the parking at grade is due to the wetlands. He said it is designed to protect the building and the tenants. He explained the site in Holmen and how there is single family right next to it and a church near it but they all complement each other. He stated they feel the development would complement the local area and the City of Oshkosh. Plan Commission Minutes 10 February 19,2019 Ms. Propp asked if Mr. Kortbein designed the entire site or just the buildings. She said one of her main concerns is the roadways and was curious how wide it would be because most private roads are very narrow. Mr. Kortbein replied the private road has not been sized yet most typically it would be 24 to 26 feet wide. He said the only thing the conceptual plan does not show is the surface parking. He said the surface parking will be near the buildings. Mike Blank, 1230 W. College Avenue Suite D of Appleton, said he is the developer of Morning Star Lane. He said he is in favor of the original plan. He said there is a lot of investments in the area and in Oshkosh with the homes on Morningstar lane being$350,000 and up. He said the traffic situation seems like it would be a disaster. Mr. Perry stated he would likely be voting no because of the road access. He said he is not opposed to the development but would like to see another alternative. He said the concerns are with the safety of the residents and the CBRF. Ms. Propp stated she has the same concerns because the private road is immediately adjacent to the CBRF. She inquired about the fencing on the patios. Mr. Perry replied it is fenced but it is not a high fence. He said most residents are not subject to a more restrictive plan. Ms. Propp stated she has serious concerns and cannot support it either. Mr. Kiefer stated he would likely be voting no. He said the development is not in tune with the surrounding neighborhood. He said the traffic by the school is very high and cannot imagine adding another 250 plus cars to the area. Mr. Bowen stated he was in favor of this until he saw the proximity of the private road. He said he is very familiar with the site in Holmen. He stated he is not as concerned with the north side because of the natural bufferyard. He said he is also not as concerned with the density or the building size. He said the main concerns are the extra traffic, one access point and the proximity of the private road. He said the development is in line with the Comprehensive Plan and encourages a diversity of housing. Mr. Burich clarified the private road was set when it was approved years ago. Mr. Mott said he concurs with Mr. Bowen. He said there is room to compromise and engineering with the site. He said he is not against the development just the proximity of the road,therefore he will be voting no. Mr. Ford said he will be voting yes because it aligns with the Compressive Plan and it gives the diversity of housing which a goal of the Plan Commission and city. Plan Commission Minutes 11 February 19,2019 Ms. Propp suggested laying over the item to give the developer a chance to work out an alternative plan since it feels no one is against the development just the proximity of the private road. Motion by Bowen to lay over the General Development Plan for a multi family development located at 3054 W. 201h Avenue until March 191h Seconded by Ford. Motion carried 6-1 (Nay:Perry). There being no further business, the meeting adjourned at approximately 5:34 pm. (Kiefer/Propp) Respectfully submitted, Darryn Burich Director of Planning Services Plan Commission Minutes 12 February 19,2019