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PLAN COMMISSION MINUTES
May 20, 2008
PRESENT: Paul Lowry, Kathleen Propp, Cathy Scherer, Shirley Mattox, Jon Dell’Antonia
EXCUSED: David Borsuk, Ed Bowen, Meredith Scheuermann, Thomas Fojtik, Paul Esslinger, Chet
Wesenberg
STAFF: Darryn Burich, Director of Planning Services; David Buck, Principal Planner; Jeff Nau, Associate
Planner; Jackson Kinney, Director of Community Development; Deborah Foland, Recording
Secretary
Chairperson Dell’Antonia called the meeting to order at 4:02 pm. Roll call was taken and a quorum declared
present.
The minutes of May 6, 2008 were approved with the correction noted that the meeting was called to order by
Chairperson Scherer, not Chairperson Dell’Antonia. (Scherer/Lowry)
I.A. STREET NAME CHANGE-KOELLER STREET, OSHKOSH AVENUE, OMRO ROAD
City Administration is requesting street name changes in association with improvement to US 41 and 21
interchange. Segments of Oshkosh Avenue are proposed to be changed to Koeller Street and segments of Omro
Road are proposed to be changed to Oshkosh Avenue.
Mr. Burich presented the item and stated that both the City’s Fire Chief and Transportation Director had submitted
memos in support of this proposed change.
Scott Greuel, City of Oshkosh Chief of Police, commented that he is in support of the proposed street name
changes as well as the street configurations in this area are confusing to officers and in the event of emergency,
every second in response time is crucial.
I.B.
This item was withdrawn from the agenda prior to the meeting.
I.C. DEDICATE RIGHT-OF-WAY ON THE SOUTH SIDE OF FARMINGTON AVENUE FROM
ANDERSON STREET TO 357.35 FEET EAST
The applicant is requesting the dedication of right-to-way along the south side of Farmington Avenue east of
Anderson Street to 357.35 feet east.
There was no discussion on this item.
I.D. RELEASE WATER MAIN EASEMENTS AT 3197 AND 3201 BELLFIELD DRIVE
The City of Oshkosh Department of Public Works is requesting the release of two water main easements located
adjacent to the common lot line of 3197 and 3201 Bellfield Drive.
There was no discussion on this item.
Motion by Lowry to approve the consent agenda as requested.
Seconded by Scherer. Motion carried 5-0.
Plan Commission Minutes 1 May 20, 2008
II. ZONE CHANGE FOR CITY BLOCK IN SOUTH SHORE REDEVELOPMENT AREA, WEST
6TH AVENUE BETWEEN OREGON STREET AND NORTH MAIN STREET
City administration is requesting a zone change from M-2 Central Industrial District to C-3 PD Central
Commercial District with a Planned Development Overlay.
Ms. Scherer questioned if the zone change would apply to the entire block.
Mr. Burich responded that the zone change would be the entire city block located north of West 6th Avenue, east
of Oregon Street, west of North Main Street and bounded on the north by the Fox River.
Ms. Scherer also questioned what would be happening with the vacant site in this block owned by Jeld-Wen.
Mr. Burich replied that he had not had any direct contact with Jeld-Wen regarding their plans for this site and that
the proposed zone change would be more flexible relative to the uses that could locate on the site.
Dennis Winkler, 2860 Sheldon Drive, owner of the property at 122 West 7th Avenue, stated that his site is utilized
for manufacturing purposes and was concerned with how this proposed zone change would affect his facility.
Mr. Burich responded that there would be no impact on this site as this zone change was only for the area north of
West 6th Avenue.
James Lang, 1115 Bayshore Drive, stated that he owns property in this area and was unclear as to what is being
changed.
Mr. Burich reiterated that the zone change was only for the block north of West 6th Avenue and property owners
would have been notified if the change was to effect any other locations.
Mr. Lang then questioned if properties south of 6th Avenue would be rezoned in the future as he heard that a
block on South Main Street had also recently been rezoned.
Mr. Burich responded that the City may eventually wish to rezone other areas in the redevelopment area but at this
time no zone changes are proposed.
Ms. Propp commented that she felt the zone change for this block made sense.
Mr. Burich commented that the rezoning of this area would not create any nonconforming uses as there are no
longer any industrial uses in this location.
Motion by Propp to approve the zone change for the city block in the South Shore Redevelopment area as
requested.
Seconded by Scherer. Motion carried 5-0.
III. CONDITIONAL USE PERMIT/PLANNED DEVELOPMENT REVIEW 126 WEST 6TH
AVENUE, 102 WEST 5TH AVENUE, AND 501 SOUTH MAIN STREET (Sweetwater
Performance Center)
The petitioner is requesting a conditional use permit/planned development review for uses at the “Sweetwater
Performance Center” that will include development of a yacht club into their overall marina operations. A finding
will be requested that the proposed use and marina are consistent with the South Shore Redevelopment Plan.
Mr. Burich presented the item and displayed photographs depicting the numerous improvements that the owner
has recently completed with additional landscaping and clean up of the site and is requesting CUP/PD approval
for the renovation of one of the existing buildings on site for the development of a yacht club. The petitioner has
worked with the City to keep any improvements from encroaching into the planned riverwalk area.
Plan Commission Minutes 2 May 20, 2008
Ms. Scherer asked if the City has an easement in place for the public riverwalk.
Mr. Burich replied that there is a condition on this request for a provision of easement for the pubic riverwalk.
Ms. Scherer then questioned if the new parking code ordinance regulations would be incorporated in the
landscape plans for this site.
Mr. Burich responded affirmatively.
Mr. Dell’Antonia inquired if the additional boat slips on the site plan had received approval by the DNR.
Mr. Burich replied that he did not have any knowledge on this and that the owner would be able to answer that
question.
Ms. Mattox asked if all the parking stalls on the site plan were meant for vehicle parking as it seemed somewhat
excessive.
Mr. Burich responded that the owner is dealing with an existing situation and that the parking stalls were meant
for both vehicle parking and boat storage.
Ms. Propp questioned if the boat storage parking would have designated areas.
Mr. Burich replied that it would be more organized than with the past marina operator and that the business was
trying to accommodate an increase in customers.
Ms. Scherer inquired if colored photographs were available for depiction of the elevations on the building to be
renovated.
Mr. Burich responded that staff did not have any colored renderings, but the architect for the project was present
and may have other materials to share with the commission.
Jason Lindemann, 1675 Deerfield Drive, stated that he had received DNR approval previously for the additional
boat slips to be installed and that there would be a berm installed in the area where the boats are currently located.
Boat service and storage would be located away from the river front area and the large building near South Main
Street and the building at 126 West 6th Avenue would both house inside storage of boats. He further commented
on their plans for the renovation of the building for a yacht club and stated that they were attempting to offer more
amenities on site for their customers. Ken Koziczkowski, an architect with Ganther Construction developing the
project, was also present and added that they did not have any issues with the conditions placed on this request
and that their goal was to revitalize the site. He further commented on the materials to be used for the building
renovation and stated that a new façade was planned for the structure. He did not have colored renderings for the
yacht club at this time and stated that no colors had been selected yet, but would be some type of neutral tones.
Ms. Propp inquired if the parking stalls located along 6th Avenue were for use by the Granary Restaurant site.
Mr. Lindemann replied that the only parking the Granary site had was four stalls behind their building.
Ms. Mattox questioned if the owner possessed a liquor license.
Mr. Lindemann responded not at this time, but they were in the process of applying for one.
Ms. Scherer asked when the improvements were to occur.
Mr. Lindemann replied that improvements would begin after Common Council approval and the issuance of the
necessary building permits.
Plan Commission Minutes 3 May 20, 2008
Motion by Scherer to approve the conditional use permit/planned development review for a yacht club at
126 West 6th Avenue, 102 West 5th Avenue, and 501 South Main Street as requested with the following
conditions:
1. The setback of the new surface parking area along the west property line be a minimum of 5 feet with
landscaping per the landscaping perimeter requirements.
2. Internal and aisle end landscape islands be installed in all new parking lot areas.
3. The four parking spaces adjacent to the yacht club and in the right-of-way be eliminated.
4. Approval of a landscape plan by the Department of Community Development.
5. Approval of a grading and drainage plan by the Department of Public Works for all new imperious
surface areas.
6. Provision of easement for public riverwalk per the guidelines of the adopted Fox River Corridor
Riverwalk Plan and Design Guidelines.
Seconded by Lowry. Motion carried 5-0.
IV. ZONE CHANGE FROM R-1 SINGLE FAMILY RESIDENCE DISTRICT TO C-2 GENERAL
COMMERCIAL DISTRICT FOR PROPERTY LOCATED AT THE 200 BLOCK OF BACON
AVENUE
The applicant is requesting a zone change from R-1 Single Family Residence District to C-2 General Commercial
District for a dumpster location for Mike’s Place Restaurant.
Ms. Scherer questioned if staff had discussed the applicant’s planned use for the site prior to preparing the staff
report on this request.
Mr. Nau replied no that time restraints did not allow for this.
Ms. Mattox commented that the request stated that part of the area was to be used for snow storage and questioned
what other businesses do with snow from their parking lots.
Mr. Burich responded that if they do not have room for it on site they have it removed.
Mr. Dell’Antonia asked if the current dumpsters on site were enclosed.
Mr. Nau replied that they were not.
Seth Murphy, 1920 Cliffview Court, owner of Mike’s Restaurant, explained that the vacant lot which he is
requesting to have rezoned is next to the restaurant and is 50 feet in width and is owned by him. He currently uses
the site to store snow from the parking lot in winter and stated that trucks entering the parking lot to gain access to
the dumpsters were doing damage to the parking surface and that relocating the dumpsters to this vacant lot on a
concrete pad would allow trucks more space to maneuver. He further stated that he had petitioned the neighbors
regarding the request for a zone change and they did not have any objections. He also commented that the vacant
lot to the east of the subject site was abandoned property that was grown over with trees and weeds. He
distributed a signed letter from the adjacent property owners stating that they did not have any objections to the
proposed zone change and also distributed photographs of the abandoned lot abutting this site.
Ms. Scherer inquired if a 50 foot wide lot would be developable for a home.
Mr. Burich responded that it would.
Ms. Propp questioned if the parking stalls could be reconfigured to allow the dumpsters to be relocated on the
current site.
Plan Commission Minutes 4 May 20, 2008
Mr. Murphy replied that between employees, customers, and take-out orders, he utilizes all his current parking
spaces now and that moving the dumpsters ten feet to the east on the vacant parcel would be more convenient for
both the garbage pickup and snow removal.
Ms. Scherer asked if he would be resurfacing the damaged asphalt area.
Mr. Murphy replied that he planned to install a concrete pad in the relocated dumpster area and would also like to
resurface the damaged asphalt.
Ms. Mattox inquired if he was planning on expanding his parking stalls into the lot that he was requesting to have
rezoned.
Mr. Murphy responded that he was not planning on using this area for additional parking, only for relocation of
the dumpster with fencing enclosing it and possibly some landscaping surrounding the enclosure.
Mr. Dell’Antonia stated that since there has been no development on the vacant site adjacent to this lot in many
years and neighbors do not object to the zone change, he did not see any issue with approving this request.
Ms. Mattox commented that Mike’s Restaurant was a neighborhood business and that she supports neighborhood
concepts.
Ms. Propp questioned if conditions could be placed on the rezoning request.
Mr. Burich replied no. Considerations could be potentially made for landscaping to be placed around the
dumpster enclosure if the zone change request was approved to allow its relocation.
Mr. Buck commented that the zone change for this lot could allow for expanded parking or other commercial uses
on the site once the lot is zoned C-2.
Mr. Burich added that the C-2 zoning classification was similar to the zoning in the Highway 41 corridor and
allows for more intensive commercial uses than C-1.
The commissioners briefly discussed the differences between the C-1 and C-2 zoning classifications, the current
parking lot configuration on the site and how the new parking code ordinance would impact the site if the owner
would decide to reconstruct the current lot.
Ms. Propp questioned if this item was laid over if staff felt that something could be resolved with the owner that
would be suitable for all parties.
Mr. Burich responded that staff could discuss other options with the owner such as a zone classification of C-1
instead of C-2 or other alterations to the parking area.
Motion by Propp to lay over the zone change request from R-1 to C-2 for property located at the 200
block of Bacon Avenue until the meeting of June 3rd.
Seconded by Mattox. Motion carried 5-0.
V. ZONE CHANGE FROM R-1 SINGLE FAMILY RESIDENCE DISTRICT TO C-1
NEIGHBORHOOD BUSINESS DISTRICT FOR PROPERTY LOCATED AT 2030 ALGOMA
BOULEVARD
The applicant is requesting a zone change for property located at 2030 Algoma Boulevard from R-1 to C-1 in
order to make the zoning the same as surrounding properties and to afford the ability to combine and develop the
site with adjacent properties for a neighborhood commercial use in the unforeseeable future.
Ms. Scherer inquired if the proposed hedges in the rear of the site were required by code.
Plan Commission Minutes 5 May 20, 2008
Mr. Buck replied that they were not at this time providing the residential home currently on the site remains. A
transitional yard setback with buffers will be required at such a time that a commercial use is established on the
site.
Ms. Mattox questioned if the petitioner owns the property to the north as well.
Mr. Burich responded no.
Tom Karrels, 2725 Shorewood Drive, petitioner for the request, stated that he does not own the property to the
north, but he has made an offer on the parcel to the south of the site which is already zoned C-1. He currently
does not have plans for the site but was petitioning for the zone change for future development. He further stated
that he is currently working on the development of another project on the corner of Algoma Boulevard and
Murdock Avenue.
Motion by Scherer to approve the zone change from R-1 to C-1 for property located at 2030 Algoma
Boulevard.
Seconded by Propp. Motion carried 5-0.
VI. CONDITIONAL USE PERMIT/DEVELOPMENT PLAN APPROVAL FOR CONSTRUCTION
AND OPERATION OF AN OFF-SITE DRIVEWAY PROVIDING ACCESS TO 1701 FOUNTAIN
AVENUE
The Wisconsin Department of Transportation is requesting CUP/PD approval to construct/install a driveway on an
individual parcel in order to provide vehicular access to Loren’s 41 Truck Plaza, which is the adjacent property to
the east.
Mr. Buck presented the item and reaffirmed that this CUP/PD approval is for the construction and installation of
an access driveway only to this site on the adjacent parcel and that a CUP/PD request would have to be submitted
to permit any other uses other than the legal nonconforming truck stop use already existing on 1701 Fountain
Avenue.
Ms. Propp inquired if there would also be access to the site at 1701 Fountain Avenue from Green Valley Road.
Mr. Buck responded that the new grade separation across US 41 as part of the construction of the Snell Road-
Fountain Avenue/US 41 Overpass would make access from Green Valley Road impossible.
Tom Buchholz, 944 Vanderperren Way, Green Bay, representative for the Wisconsin Department of
Transportation, reiterated Mr. Buck’s statement regarding the discontinuance of access to this site from Green
Valley Road. He further stated that they considered several options for access to the site and the request presented
made the most sense as it would be compatible with the grade change and overpass construction and alleviate the
relocation costs for the fencing and AT&T utility hut currently on the site. The overpass construction was
scheduled to commence in the fall of 2010 and continuing into 2011. The 41/45 interchange will improve
emergency services response time and improve local traffic flow as the City continues to grow to the north and
west of Highway 41.
Motion by Lowry to approve the conditional use permit/development plan for construction and operation
of an off-site driveway providing access to 1701 Fountain Avenue with the following conditions:
1. Historic nonconforming use of the subject property is discontinued.
2. Access easements are provided between the subject property and the adjacent property to the
east.
3. Subject parcel is not combined with the adjacent parcel to the east until a comprehensive
CUP/PD for both sites is approved by the Common Council.
4. Driveway is constructed as a Class III, as regulated within the Access Control Ordinance –
Chapter 25 of the Oshkosh Municipal Code.
Plan Commission Minutes 6 May 20, 2008
Seconded by Propp. Motion carried 5-0.
VII. CONDITIONAL USE PERMIT FOR CHURCH WITH DAYCARE CENTER AT 1585 SOUTH
OAKWOOD ROAD
The applicant is requesting a conditional use permit to develop a 6,900+ square foot church with accessory after-
school daycare and associated site improvements.
Mr. Buck presented the item and stated that this would be a re-approval of a conditional use permit that was
originally approved by the Plan Commission and Common Council in August of 2006 with the exception of the
size of the structure being scaled back somewhat and the parking lot being reduced in size.
Ms. Mattox asked who the architect was for the project.
Mr. Buck responded that he was not sure, but Excel Engineering submitted the plans for the site.
Mr. Burich added that Keller Structures was the architect for the project.
Ms. Scherer questioned if the portion of the site located in the Town of Algoma to be attached to the City was per
the agreement.
Mr. Buck replied yes and further stated that the attachment would be going to the Common Council next week for
the first reading.
Ms. Scherer noted that the staff report stated that the petitioner was required to reapply for a CUP since the one
issued in 2006 had expired and questioned if all CUP’s expire in 12 months since it was her understanding that
once issued, they continue on the site.
Mr. Buck responded that with new construction projects, if a building permit is not issued within 12 months of the
Common Council’s approval, the CUP expires and reapplication is required.
Ms. Scherer then questioned if the parking was adequate for the site.
Mr. Buck replied that the number of stalls was slightly on the high end but still within code requirements.
Ms. Mattox inquired about signage for the site.
Mr. Buck responded that signage plans had not yet been submitted, but would be required to meet code which
would be limited to 50 square feet.
Eric Drazkowski, Excel Engineering, stated that he prepared the site plans for the development and was present to
answer any questions.
Mr. Dell’Antonia asked if the church was prepared to move forward with construction this time.
Mr. Drazkowski replied yes.
Mr. Buck added that the church had come in to get the building permits issued recently and then discovered that
the CUP approved previously had expired.
Ms. Scherer questioned the material and color for the roof.
Mr. Drazkowski responded that the material would be asphalt shingles; however he did not know what color the
shingles would be.
Plan Commission Minutes 7 May 20, 2008
Brandon Saladin, 2949 Ruschfield Drive, stated that he lived adjacent to the site and voiced his concerns over the
lighting and hours of operation for the ball diamond.
Mr. Buck replied that the proposed ball diamond was not included in the CUP approval today as there was not
enough information on this aspect of the plan. Adjacent property owners will be re-noticed at such a time when
the owner is prepared to move forward with completed plans.
Chuck Hayes, 2832 Newport Avenue, questioned if the parking lot would have some type of a barrier surrounding
the perimeter and how much of a setback area there would be.
Mr. Buck responded that there would be a 25 foot setback area and landscaping plans show some type of a hedge
row as a buffer.
Mr. Hayes then asked what types of hedges were going to be planted in that area.
Mr. Drazkowski replied that Colorado spruce trees were going to be planted in the hedge row and a two foot berm
was going to be constructed as well.
Motion by Lowry to approve the conditional use permit for a church with a daycare center at 1585 South
Oakwood Road with the following conditions:
1. Detention basin to be designed without rip rap above the water line and native plants to be
planted on the side slopes of the basin and emergent plants on the safety shelf with final design to
be approved by the Department of Community Development and Department of Public Works.
2. Attachment to the City of the Town of Algoma portion of the development.
Seconded by Scherer. Motion carried 5-0.
VIII. CONDITIONAL USE PERMIT/DEVELOPMENT PLAN REVIEW FOR USED AUTOMOBILE
SALES AT 1735 BOWEN STREET
The applicant requests Plan Commission review and approval of a conditional use permit/development plan to
operate an automobile sales facility at 1735 Bowen Street. The approximate half-acre property contains a former
service station that is vacant. The property is zoned C-2PD General Commercial District with a Planned
Development Overlay.
Ms. Mattox questioned if this is a business that was relocating from another site in Oshkosh.
Mr. Nau replied that the business was relocating from a site on Sawyer Street.
Ms. Mattox then asked how many cars the business sells in a week.
Barry Haese, 818 Fluor Court, petitioner for the request for Alliance Motors, responded that the number of sales
differs, but it probably averages three to four cars per week.
Ms. Propp inquired if improvements were to be made to the building.
Mr. Haese replied that the building was not in bad shape, but would require some clean up and further stated that
he keeps a well-maintained lot.
Ms. Propp then questioned if he would be installing landscaping on the corner of the site.
Mr. Haese responded that the owner of the property would be making that decision.
James Lang, 1115 Bayshore Drive, stated that he had owned the property for 3 ½ years and was intending to hire a
professional landscaper to install low lying bushes on the corner of the site. He further stated that he was planning
Plan Commission Minutes 8 May 20, 2008
on restoring the entrances that will no longer be utilized near the intersection and maintaining the other two
accesses, one on Bowen Street and one on Murdock Avenue. The existing sign will remain and will be reused by
Alliance Motors.
Mr. Dell’Antonia asked when the petitioner would be relocating to the new site.
Mr. Haese replied that he intended to relocate as soon as possible.
Mr. Dell’Antonia commented that this site has been vacant for so long that it would be nice to finally see someone
utilize this property.
Ms. Propp inquired if a landscaping plan would be submitted for approval.
Mr. Burich responded that the parking code ordinance would require a perimeter be installed around the parking
lot.
Ms. Propp commented that there was not a condition on the request requiring a landscape plan be submitted for
approval and she would like to add this as a condition to the request.
Motion by Propp to approve the conditional use permit/development plan for used automotive sales at
1735 Bowen Street with the following conditions:
1. No outside storage of junked of inoperable vehicles or parts.
2. Repair and maintenance of automobiles is limited to vehicles being made ready for sale on the
site.
3. Approval of a landscape plan by the Department of Community Development.
Seconded by Lowry. Motion carried 5-0.
OTHER BUSINESS
Jackson Kinney, Director of Community Development, made a presentation to the commission regarding a
proposed update to the Comprehensive Plan’s Economic Development Element. Since last fall, representatives of
the City, Chamber, Chamco, and the Oshkosh Area Economic Development Corporation have been engaged in a
review of economic development and the overall framework within which organized economic development
efforts are undertaken in the community. The partner entities believe an organized effort to update the Economic
Development Element will be the appropriate vehicle for examining the framework for economic development in
Oshkosh and in setting forth an updated action agenda. This update would also provide an excellent means for
reaching out to gather public input and provide for public participation in a structured and productive process. He
asked the Plan Commission to add their support to this effort to improve how economic development is handled in
our community. A steering committee will be organized to work on and develop the proposed element and the
Plan Commission would be kept apprised of the progress on a periodic basis.
The Plan Commission members briefly discussed their role in this planning process and determined it would be
appropriate for a member of the Commission to be appointed to the steering committee. They also discussed the
benefit of looking into how other area communities handle economic development and the public/private
partnership that exists in the City and how this joint effort may be improved.
There being no further business, the meeting adjourned at approximately 6:12 pm. (Lowry/Propp)
Respectfully submitted,
Darryn Burich
Director of Planning Services
Plan Commission Minutes 9 May 20, 2008