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HomeMy WebLinkAboutMinutes PLAN COMMISSION MINUTES July 1, 2008 PRESENT: David Borsuk, Thomas Fojtik, Paul Esslinger, Kathleen Propp, Shirley Mattox EXCUSED: Ed Bowen, Meredith Scheuermann, Paul Lowry, Cathy Scherer, Jon Dell'Antonia STAFF: David Buck, Principal Planner; Jeff Nau, Associate Planner; Steve Gohde, Assistant Director of Public Works; Darlene Brandt, Recording Secretary The meeting was called to order at 4:10 pm. Roll call was taken and a quorum declared present. Mr. Buck stated neither the Chairperson nor Vice-Chairperson were present today so the Plan Commission would need to select a Chairperson Pro-tem. Motion by Esslinger, seconded by Propp to select David Borsuk. Motion carried unanimously by voice vote. The minutes of June 17, 2008 were approved as presented. (Propp/Mattox) CONSENT AGENDA I.A. Land Division / 2300 Block of Wisconsin Street RA Smith National Inc., applicant; Mark Fasel Custom Built Homes, owner, proposes a land division of a 36,776 sq. ft. parcel to create two parcels for residential development. There was no discussion on this item. I.B. Grant Temporary Construction Easement / East County Road Y Winnebago County is requesting a temporary construction easement over an existing City utility easement on the south side of County Road Y in conjunction with the County's proposed reconstruction of County Road Y. Regarding the reconstruction of County Road Y, Ms. Mattox inquired if sidewalks would be constructed on the south side of County Rd. Y? Mr. Gohde, Assistant Director of Public Works replied that the County would be installing a 10 ft. wide path through the park up to the abutting properties. The City is tentatively looking at ordering sidewalks along the City lots from the east edge of the park to Jackson Street. Motion by Propp to move approval of the consent agenda. Seconded by Esslinger. Motion carried 5-0. Plan Commission Minutes 1 July 1, 2008 II. Determination of Land Use Consistency with City of Oshkosh Comprehensive Plan / 4905 County Road S, Town of Oshkosh Alan Fisher, Fisher's Westward Ho, owner/applicant. Mr. Buck stated the property in question is approximately 1.3 miles from the City limits and currently contains a tavern/ballroom/restaurant structure, an automobile repair facility structure, and a garage. The applicant is proposing a rezoning from the Winnebago County B-2 Community Business District to the Winnebago County B-3 General Business District in order to obtain an automobile dealers license to attend automobile auctions and pick up vehicles to keep the existing body shop business busy during slow times. Uses permitted in County’s B-3 zoning are not consistent with the City's 10 year and 20 year residential land-use designation in the City’s 2005-2025 Comprehensive Plan. Neighborhood type commercial businesses would be permitted, but staff does not believe that a car dealership or other B-3 uses are consistent with intended future development of the area. Mr. Fojtik inquired what are the operative rules at this time? Mr. Buck replied that auto sales are not permitted in County B-2 zoning districts and that is why the applicant is requesting the rezoning. Ms. Mattox inquired which use came first – the banquet hall or the auto body shop? Mr. Buck replied he believed the banquet hall. Mr. Esslinger inquired how long before the City would extend that far? Mr. Buck replied that it is difficult to predict but perhaps 10 years. Mr. Al Fisher, 4905 County Rd. S, stated he has an existing auto body shop and would like to obtain a car dealership license to be able to get cars to keep busy during slower times at the body shop. He noted the land to the south across Plummer’s Point is owned by the Town and will never be built on. He also pointed out that M. Schettle Sales is located just down the road from him. Ms. Mattox inquired how many cars could a person sell a year without a dealer license? Mr. Buck believed the applicant's intent was not to have a large dealership but to go to auctions to purchase vehicles, which requires the dealer license. Mr. Fojtik inquired how many cars did Mr. Fisher intend to have on site at one time? Mr. Fisher replied about 3-4. He would prefer economical cars that he could fix up and resell the easiest. Ms. Mattox inquired if Mr. Fisher also operated the banquet hall? Mr. Fisher replied yes. Ms. Mattox stated there are two diverse businesses on this lot and the applicant proposes to expand this further with another business. Is this allowed? Mr. Buck replied he could not speak for what the County may permit but that the City would permit more than one commercial use on a lot. However, the issue here is whether to allow a more intense, non-neighborhood use. Mr. Jerry Fry, Chairman, Town of Oshkosh, stated he is not speaking on behalf of the Town Board. He pointed out that the 114 acres across the road to the south is under Town ownership and will never be developed. M. Schettle Sales has been there for years and is messy. Plan Commission Minutes 2 July 1, 2008 Mrs. Propp inquired if the Town has a conditional use permit process? Mr. Fry replied that is under County zoning. Mr. Borsuk stated the proposed use is either in harmony with the City's Comp Plan or not. It is not what the current use is or permits but what future uses could be. The Plan Commission needs to support the City's Comp Plan. Mrs. Propp stated this is a difficult situation but believed staff is correct. It is unfortunate that M. Schettle Sales is down the road from this property. She did not believe that 3-4 cars would be a problem. However, a rezoning to B-3 is not consistent with the City's Comp Plan. Perhaps the County could find a way to allow the proposed use in B-2 as a conditional use. Mr. Fojtik stated he agreed. The operative rules do not allow the proposed use. Mr. Esslinger stated he is troubled that this is before the Plan Commission. The property is 1.3 miles from Oshkosh and it could be decades before the City boundaries are extended that far. There are multiple levels of government involved here and he felt government needs to get out of peoples lives as much as possible. The applicant wants to make a living and it is unfortunate it is not permitted. Motion by Esslinger to find the proposed use is consistent with the residential land use design of the City of Oshkosh Comp Plan. Seconded by Propp. Motion denied 1-4 (Ayes: Esslinger. Nayes: Borsuk, Fojtik, Propp, Mattox) There being no further business, the meeting adjourned at approximately 4:48 pm. (Mattox/ Propp) Respectfully submitted, David Buck Principal Planner Plan Commission Minutes 3 July 1, 2008