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HomeMy WebLinkAboutMinutes PLAN COMMISSION MINUTES FEBRUARY 19, 2008 PRESENT: Ed Bowen, Thomas Fojtik, Paul Lowry, Paul Esslinger, Chet Wesenberg, Shirley Mattox EXCUSED: David Borsuk, Meredith Scheuermann, Kathy Propp, Cathy Scherer, Jon Dell’Antonia STAFF: Darryn Burich, Director of Planning Services; David Buck, Principal Planner; Jeff Nau, Associate Planner; Steven Gohde, Assistant Director of Public Works; Deborah Foland, Recording Secretary In the event that both the Chairperson and Vice-Chairman were absent from the meeting, the Commission members were required to vote in a temporary Chairperson to conduct the meeting. Motion by Esslinger to elect Thomas Fojtik to chair the meeting. Seconded by Lowry. Motion carried 6-0. Chairperson Fojtik called the meeting to order at 4:02 pm. Roll call was taken and a quorum declared present. The minutes of February 5, 2008 were approved as presented. (Esslinger/Lowry) I.A. AUTHORIZATION TO ACCEPT EASEMENTS, ACQUIRE PROPERTY AND DEDICATE RIGHT-OF-WAY NEEDED FOR RECONSTRUCTION OF THE INTERSECTION OF JACKSON STREET AND W. MURDOCK AVENUE The Department of Public Works is requesting approval to obtain easements and/or real estate interests needed for reconstruction of the intersection of Jackson Street and W. Murdock Avenue. These real estate interests include temporary easements, access rights and purchase of portions of properties in the project area to allow for construction of a two-lane roundabout and installation of handicap ramps at the intersection. Ms. Mattox questioned who would be responsible for paying for the required easements. Steve Gohde, Assistant Director of Public Works, stated that the real estate costs would be shared with both the City and the State. Ms. Mattox then questioned if there was a monetary amount for the temporary easements. Mr. Gohde replied that there was typically a fee for it. Motion by Lowry to approve the consent agenda as requested. Seconded by Mattox. Motion carried 5-1. Ayes-Bowen/Fojtik/Lowry/Wesenberg/Mattox. Nays- Esslinger. Plan Commission Minutes 1 February 19, 2008 II. ZONE CHANGE FROM R-2 TWO FAMILY RESIDENCE AND M-2 LIGHT INDUSTRIAL DISTRICTS TO C-1 NIEGHBORHOOD BUSINESS DISTRICT FOR PROPERTY LOCATED AT 501-531 E. PARKWAY AVENUE AND 520-532 BROAD STREET (BOYS & GIRLS CLUB OF OSHKOSH) The applicant is requesting a zone change to create consistency between the zoning and the use of their property as well as meeting conditions of previously granted dimensional variances. Mr. Buck noted that the staff report made reference to part of the property being currently zoned M-1 Light Industrial District which should have been M-2 Central Industrial District. Ms. Mattox asked what would change with the approval of this rezoning request. Mr. Buck responded that the activities would remain the same, but the property owner needed to have the zone change prior to combining the multiple parcels into one lot. Mr. Fojtik inquired if the zone change would have any impact on the site if the owner decided they wanted to make a change in the current use. Mr. Buck replied it would not. The action is more of a clean up item in regard to the zone change to enable the property owner to combine the parcels. The lack of property lines between the parcels makes things easier for the property owner to operate. Mr. Bowen questioned if this change would impact the transitional yard setbacks. Mr. Burich replied that it would not. Mr. Wesenberg asked if the Boys and Girls Club had plans to make improvements or changes to the site. Mr. Buck responded no. Most of the planned improvements to the site have already been completed. Jamie Wilcox, 350 W. 14th Avenue, petitioner for the request, stated that this item was essentially just a clean up of the site to enable them to combine all the individual parcels into one parcel. They rebuilt the teen center last year and installed the baseball field which required several variances to be granted by the Board of Appeals for transitional yard setbacks. Conditions of the variances included that the properties be rezoned to make the use consistent with the zoning and that all individuals parcels encompassed on the site be combined. In regard to their activities, they cannot really do any more at this site then is presently offered. Ms. Mattox asked what their hours of operation were. Mr. Wilcox replied that they were open from 6:30 am to 5:30 pm and that activities were mainly scheduled for afternoons. They do not have much going on in the evenings or on weekends and they do not have any plans for the installation of exterior lighting on the site. Motion by Lowry to approve the zone change from R-2 and M-2 to C-1 for property located at 501-531 E. Parkway Avenue and 520-532 Broad Street as requested. Seconded by Mattox. Motion carried 6-0. Plan Commission Minutes 2 February 19, 2008 III. CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 500 E. COUNTY ROAD Y Winnebago County is requesting to renew a conditional use permit to allow motor sports events at the Winnebago County Exposition Center at 500 E. County Road Y. Ms. Mattox asked if the berm for the noise barrier has already been built and if it was designed by engineers trained in handling acoustic noise. Mr. Burich responded that the berm has already been constructed, but as far as the engineers used to create it, that question would have to be answered by someone from the County Park. Vicky Redlin, Sunnyview Exposition Center, commented that Jeff Lemiesz handles that aspect of the racetrack. Mr. Fojtik questioned why the County was requesting the conditional use permit be valid ten years this time. Ms. Redlin replied that the new contract with Impact Motor Sports, who actually operates the racetrack, was for ten years and they wanted the conditional use permit to run concurrent with the contract. Mr. Burich asked why the races were changed from Tuesday nights to Friday nights. Jeff Lemiesz, Impact Motor Sports, stated that the change helped to improve attendance and discussed the planned schedule for 2008 events which will run from April through September and noted that the schedule has expanded some from last year. He named some of the specific racing events they had planned for this year. Mr. Burich then asked how many more races were scheduled from last year. Mr. Lemiesz responded that they were scheduling four to five races more than last season and also planned on holding a snow cross event for 2009. Ms. Mattox inquired if mufflers were required on the vehicles to suppress noise. Mr. Lemiesz replied that all cars were required to have mufflers to keep noise levels at 95 decimals or less. Most lawnmowers operate at a level of 110 decimals and the racetrack operation would generate some noise and the levels sometime depend on uncontrollable factors such as the wind. The fence was installed last year to help to divert noise levels and McMahon and Associates were the architects who designed the noise barriers. Carol Kaufmann, 2677 Indian Point Road, stated that she did attend the races and enjoyed them but was concerned with condition #1 which states that the motor sports events shall not be held after 10:30 pm since last year she said races were lasting past this time on many occasions, some with fireworks following the event. The noise at that time of night was disturbing as it filters into the homes in the area. She was questioning if there was some penalty or fine involved for not complying with the conditions placed on this request. Mr. Burich responded that there were two ways to deal with noncompliance of conditions for a conditional use permit. One way would be to fine the party which he believes is $215.00 per day. The other way would be to revoke the conditional use permit. Someone would have to let us know that there Plan Commission Minutes 3 February 19, 2008 is an issue of noncompliance with the site, which in this case could be achieved by calling the police and filing a complaint. Ms. Mattox questioned how the noncompliance would be documented. Mr. Burich replied that by calling the police and filing a complaint, a police report would be generated which could be used to document the number of times the condition was violated. Mr. Wesenberg asked who decides if the item comes back to the Plan Commission for review. Mr. Burich stated that the decision to have the commission review a previously issued conditional use permit would be the division and that one has not been revoked in the past, but most parties if contacted about an issue, try to correct the situation and operate within the standards. Motion by Esslinger to approve the renewal of the conditional use permit to allow motor sports events at the Winnebago County Exposition Center as requested with the following conditions: 1.No motor sport event shall be held after 10:30 PM. 2.Measures are taken to control dust before and after events. 3.The sponsors of each event provide, at their expense, security personnel as recommended by the City of Oshkosh Chief of Police. 4.The sponsors of each event provide, at their expense, any other additional emergency services necessary to operate a safe event for participants and spectators. 5.All motorized machines or vehicles participating in any event shall be equipped with appropriate mufflers to suppress sound to meet City of Oshkosh Noise Ordinance limitations. 6.The conditional use permit is valid for ten (10) years from its date of approval by the Common Council. Seconded by Lowry. Motion carried 6-0. IV. ZONE CHANGE FROM R-1 SINGLE FAMILY RESIDENCE DISTRICT TO C-2 GENERAL COMMERCIAL DISTRICT FOR PROPERTY LOCATED AT 2088 & 2092 WITZEL AVENUE The applicant is requesting a zone change from R-1 Single Family Residence District to C-2 General Commercial District for future development of retail and/or professional office space on the subject properties. Mr. Bowen asked that since we are not looking at site plans today, if this was just a straight rezoning request. Mr. Buck replied that it was. Gordon Kargus, 1721 S. Main Street, stated that he owns the homes at 130 and 132 Westbrook Drive, adjacent to the site, and he feels that the rezoning to commercial property would diminish the value of his property. Ms. Mattox asked if he lived at one of the properties. Mr. Kargus replied that he did not, but the presence of a commercial site next door would make them less rentable. Plan Commission Minutes 4 February 19, 2008 Ms. Mattox then asked if Wal-Mart and the other commercial developments in the area have had any effect on his rental properties. Mr. Kargus responded that they did not. Mr. Fojtik asked if the recently developed credit union affected his properties. Mr. Kargus replied no, but he was concerned with the undetermined use of this site. Without knowing who would be occupying the property, some uses may not be harmonious with the residential uses adjacent to it. Gary Eake, 947 Trillium Trail, petitioner for this request, stated that it was not his intent to use this site for a bar or restaurant and that the current property owner was also present if there were any questions. He further stated that he had previous conversations with staff, the property owner, and Gordon Kargus’s son regarding the matter and there had been no indication that there was a problem or issue with the use. This was the first he had heard of any complaints. There are two families living on the parcels right now who will need to relocate and a RFP had been submitted for the site, but he could not divulge the name at this time although he stated it would be a good use and would enhance the neighborhood. Mr. Esslinger stated that he had a financial interest with one of the partners involved with this site and therefore would be voting present on this issue as he felt he would have a conflict in interest. Mr. Eake stated that he had discussed the possibility with staff of acquiring the two properties on Westbrook Drive to be combined with these parcels and was told that it would not be supportable. Mr. Burich commented that he did not want to bring the commercial use into the residential neighborhood to the west, and the vacant land to the north of these parcels was not viable for single family use. Mr. Lowry questioned if the rezoning to C-2 would be approved today, what control we would have in regard to what type of business would occupy that site. Mr. Burich responded that the business would have to be an acceptable use in the C-2 district and would also have to comply with the transitional yard setbacks and additional levels of landscaping buffers required in this zone. Mr. Lowry asked if special conditions were applied to the Wal-Mart site when it was developed. Mr. Burich stated that he was unsure of how the berming came about but that it could not have been a condition of the zone change because that is prohibited. Mr. Buck added that certain uses do require conditional use permit approval. Mr. Wesenberg asked if parking or dumpsters could be placed in the transitional yard areas. Mr. Buck responded no. Mr. Burich added that there would be a 25 foot transitional yard setback on this site because of the residential use adjacent to it. Plan Commission Minutes 5 February 19, 2008 Mr. Eake reiterated that it was not the intent to develop a tavern or restaurant on the site however, if approached with the right quality of restaurant, it would be a consideration. There is no liquor license assigned to the site and it was more probable that a medical or office use would be located on the parcel. Mr. Kargus stated that once the rezoning is approved, there is no guarantee what will be located on the site. Mr. Burich commented that C-2 zoning has a number of conditional uses allowed such as a straight restaurant use which would not require CUP approval however a restaurant with a drive-through feature would require such approval. Mr. Buck added that the parcel is only about one acre and with the transitional yard setbacks on the site, no use is going to be very large. Mr. Bowen questioned if the zone change could be conditioned. Mr. Burich responded it could not. The issue is to determine if the C-2 zoning is appropriate use in this area. Mr. Bowen commented that the C-2 zoning classification is a very broad use. Mr. Wesenberg stated with the 25 foot setback area being applied to three sides of this site, there would only be a small buildable area left for the development. He feels that the C-2 classification seems to be an appropriate use. Mr. Burich commented that the C-2 zoning classification is the most prevalent in this area. Motion by Bowen to approve the zone change from R-1 to C-2 for property located at 2088 & 2092 Witzel Avenue as requested. Seconded by Wesenberg. Motion carried 5-0-1. Ayes-Bowen/Fojtik/Lowry/Wesenberg/Mattox. Abstaining-Esslinger (because of a conflict of interest) There being no further business, the meeting adjourned at approximately 4:57 pm. (Esslinger/Mattox ) Respectfully submitted, Darryn Burich Director of Planning Services Plan Commission Minutes 6 February 19, 2008