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PLAN COMMISSION MINUTES
October 21, 2008
PRESENT: David Borsuk, Meredith Scheuermann, Thomas Fojtik, Paul Esslinger, Kathleen Propp,
Shirley Mattox, Jon Dell’Antonia
EXCUSED: Ed Bowen, Paul Lowry, Todd Retzlaff
STAFF: Darryn Burich, Director of Planning Services; David Buck, Principal Planner; Jeff Nau,
Associate Planner; Steve Gohde, Assistant Director of Public Works; Deborah Foland,
Recording Secretary
Chairperson Dell’Antonia called the meeting to order at 4:01 pm. Roll call was taken and a quorum
declared present.
The minutes of October 7, 2008 were approved as presented. (Propp/Fojtik)
I. CONDITIONAL USE PERMIT AND DEVELOPMENT PLAN REVIEW FOR THE
OPERATION OF A REPAIR/SERVICE FACILITY, SALES LOT, TRUCK STOP AND
TOWING/TEMPORARY STORAGE BUSINESS AT 1701 FOUNTAIN AVENUE
The applicant had originally requested a conditional use permit and approval of a planned development
for “uses listed below, but not limited to,” the operation of a truck stop with overnight accommodations,
mechanical repair of motor vehicles and other miscellaneous equipment, body work on motor vehicles
and other miscellaneous equipment, sales of heavy duty trucks/trailers/RVs/motorcycles/passenger
vehicles and other miscellaneous equipment, sale of new/rebuilt and used auto/truck parts/supplies, sales
of commercial equipment, sales of gas, sales of food, truck weighing & washing, lube center, 24 hour
wrecker service for towing (heavy and light duty), storage and overnight parking of trucks and trailers
including rental parking, and road service, tire service and other sales.
This item was laid-over at the Plan Commission meeting of October 7, 2008. The petitioner submitted a
revised site plan and proposal of uses on October 8. The petitioner again submitted a modified site plan
and support narrative on October 15 (attached). Staff has not had sufficient time to analyze the change
in request or modifications to the site plan and defers recommendation to the Plan Commission.
Mr. Buck presented the item and reviewed the last site plan as well as the revised plan submitted
October 15th. He depicted the area of the new sign location, building addition, relocated driveway, and
outdoor storage area and explained that the petitioner was now requesting that the uses remain the same
as the legal nonconforming ones currently on site. Building elevations for the proposed addition were
distributed to the commissioners as this information was submitted after board packets were mailed last
week. He stated that staff does not support any base standard modifications for this site.
Commission members discussed the difficulty in making an informed decision on this request as revised
site plans were submitted with no time for staff review.
Staff explained that the latest submittal was not requesting new uses for approval except the enclosed
outdoor storage area and the owner was now requesting that all historic uses should remain as legal
nonconforming.
Plan Commission Minutes 1 October 21, 2008
Dave Winkel, 36 Jewelers Park Drive, Neenah, representing Loren Rangeloff, referred to his letter of
October 15th and commented that they were now asking to resolve the issues involving the WisDOT
only which are the relocation of the sign, fence and access to the site. Mr. Winkel stated that the DOT
wishes to move forward with the installation of utilities in 2009 and wants the matter resolved, therefore
they are scaling back the concept plan of October 8th and are now requesting approval for the relocation
of the existing sign and fence both to be moved 25 feet back, the driveway relocation, and the building
addition for semi-trucks to enter as that has been effected by the relocating of the access. The two
parcels will be merged into one and no new uses or base code modifications are currently being
requested. After this initial request receives approval, the owner will come forward with a more in depth
plan for redevelopment of the entire site at a later date.
The commission members discussed what time frame the owner was considering with his redevelopment
plans. Mr. Winkel stated that it would most likely be January, 2009.
Landscaping plans were discussed for the site. Mr. Winkel contended that since the owner was only
moving objects that currently existed on the site and the building addition plans were not to exceed 50%
of the existing nonconforming structure, that there were no code requirements that needed to be met.
Commissioners discussed the signage and felt it should be reviewed for code compliance. They also
discussed the proposed building addition, the current site conditions, and the historic uses. Commission
members concluded that the conditions in the staff report added to the request would not be applicable
since the request has been changed.
Mr. Buck reviewed the uses proposed in the previous submission as well as the historic uses on the site.
Sales and towing service uses were revoked by the Common Council in March, 2008.
Mr. Winkel contended that staff was trying to limit the historical uses which should be allowed and
reiterated that the owner was now withdrawing his request for any new uses at this time.
Staff and Mr. Winkel discussed the code language relating to the Highway 41 Overlay and the Planned
Development Overlay as staff conceives the building addition and creation of an outdoor storage yard as
an expansion of the uses within the CUP/PD, whereas Mr. Winkel claims it is not.
Russ Reff, 217 Ceape Avenue, representing Omni Glass & Paint, distributed photos of Loren’s site that
were reviewed at the last meeting and discussed Omni’s concern with both the appearance and negative
effect on their site and the adjacent lots they wish to market for development. He stated his opinion on
the 41 and Planned Development Overlays and felt that Planned Development Overlay would give the
staff the right to review and condition this request. He further stated that Omni was opposed to any new
uses or base standard modifications being granted. They were not objecting to the relocation of the
driveway or combining the parcels, but felt that the relocation of the sign should be reviewed and
approved by City staff for compliance with codes. This is a gateway location to the city and he felt that
the proposed building addition should require CUP approval as the owner appears to be proposing to
merely make things worse in increments rather than having the entire plan approved at one time. The
uses on the site currently are a disregard to the zoning district and although the CUP for sales and towing
service were revoked by the Council, the pictures distributed clearly display cars for sale, and towing
trucks as well as signage advertising said uses on the site. Mr. Reff felt that the Plan Commission
needed to recommend uses to the Council and he distributed copies of the conditions staff prepared for
this request which he had modified to be suitable.
Plan Commission Minutes 2 October 21, 2008
Commission members agreed that they could not act on these suggested conditions today as the request
before them had been altered since the staff report was prepared and the new uses were no longer being
requested at this time.
Mr. Reff stated that his client and himself feel that the enclosed outdoor storage area use needed to be
better defined as he felt that the area was appropriate for either historic uses or left vacant but he was
concerned with it becoming a salvage yard beyond the fence which is not appropriate in this zoning
district.
Commission members discussed at length the relocation of the fence, sign and driveway as well as the
allowed uses in the fenced area. The building addition was revisited and discussion continued on
whether this was considered an expansion of the current use. Code language was reviewed again
relating to this interpretation. Legal nonconforming uses were again discussed as well as the current
uses on site along with the 50% limitation for the building addition. Commission members did not feel
comfortable voting on the item as there was too much confusion as to different interpretations of code
language between staff and the petitioner’s attorney. It was concluded that uses in the fenced area
should be defined as well as conditions addressing any issues with the latest request to relocate the
fence, driveway and sign. It was also discussed that the building addition should be conditioned for
either Highway 41 or Planned Development Overlay. Commission members determined that the
building addition should fall under the requirements for the Highway 41 Corridor standards.
Restrictions in the fenced outdoor storage area were suggested to be “no salvage yard activities”
however the Commission determined that this definition was too broad and needed to be more clearly
defined.
Mr. Winkel claimed that there was no need to establish conditions for the outdoor fenced area as the
owner can be cited by Inspection Services for uses not allowed in the M-1 zoning district.
Commission members discussed various conditions that would be appropriate for this request and the
language that would be acceptable. It was determined that all the conditions should be removed since
the request has been substantially revised and the following amendments would be offered as the
conditions of approval for the current request.
Motion by Borsuk to approve an amendment to add the following conditions to this request:
1.Building materials of the proposed building addition meet the Highway 41 Corridor
Overlay Zoning District standards.
2.Approve the proposed relocation of the sign, in compliance with code standards.
3.Approve establishment of a new driveway, in compliance with code standards.
4.Approve fence relocation, in compliance with code standards.
Seconded by Propp. Motion carried 7-0.
Commission further discussed the allowable activities in the enclosed outdoor fenced area and the
technical definition of “trucks”.
Motion by Borsuk to approve an amendment to add the following condition to this request:
5.Enclosed outdoor storage area is limited to semi-trucks, semi-trailers, and commercial
vehicles of a gross vehicle weight 10,000 pounds or more awaiting repairs, for no longer
than 30 days.
Plan Commission Minutes 3 October 21, 2008
Seconded by Mattox. Motion carried 4-3. Ayes-Borsuk/Fojtik/Mattox/Dell’Antonia. Nays-
Scheuermann/Esslinger/Propp.
Motion by Borsuk to approve an amendment to add the following condition to this request:
6.Landscaping is installed to meet Zoning Ordinance parking lot perimeter standards for
manufacturing areas on the south and east property lines.
Seconded by Mattox. Motion carried 7-0.
Motion by Borsuk to approve the conditional use permit and development plan review for the
operation of the business at 1701 Fountain Avenue as requested with the following conditions:
1.Enclosed outdoor storage area is limited to semi-trucks, semi-trailers, and commercial vehicles
of a gross vehicle weight 10,000 pounds or more awaiting repairs, for no longer than 30 days.
2.Building materials of the proposed building addition meet the Highway 41 Corridor Overlay
Zoning District standards.
3.Landscaping is installed to meet Zoning Ordinance parking lot perimeter standards for
manufacturing areas on the south and east property lines.
4.Approve the proposed relocation of the sign, in compliance with code standards.
5.Approve establishment of a new driveway, in compliance with code standards.
6.Approve fence relocation, in compliance with code standards.
Seconded by Esslinger. Motion carried 7-0.
II. TEXT AMENDMENT TO THE ZONING CODE WITHIN ARTICLE XVII
REGULATING SUBDIVISIONS, CHAPTER 30-73: DESIGN STANDARDS AND 30-74:
REQUIRED IMPROVEMENTS FOR SUBDIVISIONS
This request is for the review and approval of an addition to the City of Oshkosh Zoning Ordinance
within Article XVII regulating subdivisions, Chapter 30-73: Design Standards and 30-74: Required
Improvements for Subdivisions providing for the planting of terrace trees as part of the subdivision
process.
Mr. Buck presented the request and reviewed the proposed language for this amendment to the
ordinance.
There was no discussion on this item.
Motion by Borsuk to approve the text amendment to the zoning code regulating subdivisions as
requested.
Seconded by Propp. Motion carried 6-1. Ayes-Borsuk/Scheuermann/Fojtik/Propp/Mattox/
Dell’Antonia. Nays-Esslinger.
III. FLOODPLAIN ZONING MAP AMENDMENT – 459 NORTH WASHBURN STREET
This request is for an amendment to the City’s Floodplain Zoning Map changing base flood elevations at
459 North Washburn Street.
Mr. Buck presented the request and explained the government process to initiate and complete a
floodplain map change. He further explained that the map change was not affecting the physical
Plan Commission Minutes 4 October 21, 2008
boundaries of the floodplain, but were changing the base flood elevations on the petitioner’s property
only and would not have any affect on neighboring properties up or downstream.
Motion by Propp to approve the floodplain zoning map amendment for property located at 459
North Washburn Street as requested.
Seconded by Fojtik. Motion carried 7-0.
IV. EXTRATERRITORIAL PRELIMINARY PLAT FOR ORMAND BEACH HEIGHTS
FIRST ADDITION LOCATED IN THE TOWN OF OMRO
This request is for the approval of a 21-lot extraterritorial plat in the Town of Omro.
Mr. Nau presented the request and explained that the extraterritorial plat is within the City’s 3-mile plat
jurisdiction area and therefore physical design requirements do not apply. The plat just needs to be
reviewed on the basis of being consistent with the City’s Comprehensive Plan.
Motion by Borsuk to approve the extraterritorial preliminary plat for Ormand Beach Heights
First Addition as requested.
Seconded by Fojtik. Motion carried 7-0.
V. COMPREHENSIVE LAND USE PLAN MAP AMENDMENT FOR PROPERTY
LOCATED SOUTHWEST AND ADJACENT TO 5001 GREEN VALLEY ROAD IN THE
TOWN OF OSHKOSH
The applicant is requesting an amendment to the Recommended Land Use Map in the Comprehensive
Plan. The subject property is designated for residential use; the applicant is requesting a change to a
commercial land use designation.
Mr. Nau presented the request and stated that the petitioner was requesting this amendment as he has a
perspective buyer wishing to develop the parcel with a commercial/industrial use, but was denied zoning
approval from the County due to the City’s recommended residential land use designation. Upon review
of the request, staff supports changing the projected land use from residential to commercial as the City
has historically promoted commercial development along frontage roads similar to this one.
Commission member questioned the type of development proposed for the site which was determined to
be offices and warehouse facilities.
Robert Albright, 88 Steamboat Court, Winneconne, stated that he had been trying to sell this parcel for
the past five years and the zone change would expedite the matter.
Motion by Borsuk to approve the comprehensive land use plan map amendment for property
located southwest and adjacent to 5001 Green Valley Road as requested.
Seconded by Scheuermann. Motion carried 7-0.
VI. CONDITIONAL USE PERMIT/DEVELOPMENT PLAN MODIFICATION FOR AND
ACCESS CONTROL VARIANCE TO CONSTRUCT A NEW DRIVEWAY TO PEARL
AVENUE AT 50 WISCONSIN STREET (RADFORD SQUARE)
A CUP/PD approval is requested to construct a new driveway to permit right in, right out access to
Radford Square from Pearl Avenue. The proposed driveway will create a visual clearance issue with the
existing ground sign and the applicant is proposing to relocate the sign to the west out of the vision
Plan Commission Minutes 5 October 21, 2008
triangle for the driveway. Additionally, the existing Wisconsin Street driveway is proposed to change
from exit only to an exit and entrance.
Additionally, an access control variance to permit an additional driveway to service the site where only
two are currently permitted is requested. The proposed new driveway will access Pearl Avenue. The
site currently contains 4 driveways.
Mr. Burich presented the request and stated that he had discussed the pedestrian access with the
petitioner who has proposed to incorporate the walkway with the driveway access. Copies of the site
plan were distributed to the commissioners with this change; condition #1 requiring landscape islands on
both sides of the proposed driveway would be eliminated.
Dennis Schwab, 601 Oregon Street, petitioner for the request, stated he was present for any questions
regarding this request.
Steve Gohde, Assistant Director of Public Works, stated that the Department of Public Works and the
Department of Transportation had some concerns with the Wisconsin Street entrance. He stated that
now that the road has been reconstructed, it will be four lanes with no extra lane to accommodate
movements into a driveway which could pose safety issues. They are recommending that the Wisconsin
Street entrance be removed.
Commission members discussed the speed limit on Wisconsin Street and determined that it is 25 mph
and the proximity to the bridge is no closer than other drive accesses in the city.
Mr. Schwab stated that the traffic is only going north on his side of Wisconsin Street and that the access
is already very limited to this site. To close this driveway would have a negative impact on the
development.
Motion by Mattox to approve the conditional use permit/development plan modification and
access control variance to construct a new driveway to Pearl Avenue at 50 Wisconsin Street as
requested with the following conditions:
1)Replacement of pedestrian walkway to the development to be approved by the Department of
Community Development.
2)Widen driveway along Wisconsin Street to a minimum of 24 feet.
Seconded by Scheuermann. Motion carried 7-0.
VII. CONDITIONAL USE PERMIT/PLANNED DEVELOPMENT AMENDMENT FOR
RESIDENTIAL SIGNAGE AT 631 HAZEL STREET AND A PRIVILEGE IN THE
STREET FOR AN EXISTING CANOPY ENCROACHING IN THE RIGHT-OF-WAY
The applicant is requesting a conditional use permit/planned development amendment for placement of
residential signage for Bella Vista Senior Living Communities. The applicant is requesting three signs:
a ground sign located near the intersection of Hazel Street and Cleveland Avenue, and two signs placed
on existing canopies attached to the main building. Several base standard modifications will be required
for this request: exceeding the number of signs that are allowed, the proposed location of the ground
sign in required setback area, and exceeding the total area of signage that is permitted.
Plan Commission Minutes 6 October 21, 2008
Mr. Nau presented the request and stated that the city ordinance only allows for one sign per site,
however, considering the overall size of the development, staff is recommending a base standard
modification to allow the increased sign coverage.
Commission members discussed if the location of the sign at the corner of Hazel Street and Cleveland
Avenue would be in the vision triangle. Staff stated that it would be, however, after viewing the
intersection, traffic would not be obscured by the sign. Commissioners also discussed the sign on
Parkside Apartments also on this site. It was determined that this portion of the site is on a separate
parcel from the Bella Vista Senior Living complex.
Ken Koziczkowski, Sherwood, Wisconsin, architect with Ganther Construction, stated that they were
requesting the additional signage as this is a large building with multiple entrances and that they would
like to have signage similar to the development across the street.
Motion by Esslinger to approve the conditional use permit/planned development amendment for
residential signage and a privilege in street for an existing canopy at 631 Hazel Street as
requested with the following conditions:
Signage-
1.Base standard modification to allow three signs on a residentially zoned property.
2.Base standard modification to allow placement of a ground sign to be located not less than ten
feet from the intersection of Cleveland Avenue and Hazel Street.
3.Base standard modification to allow a ground sign greater than 16 square feet and not to exceed
47.28 square feet.
4.Base standard modification to allow canopy signage greater than 10% of the canopy faces.
Privilege in the Street
1.If no longer needed the canopy be properly removed in accordance with City standards and
under the direction of the Department of Public Works.
2.Any problem that may arise as a result of placement of the canopy be the responsibility of the
petitioner/owner to correct in coordination with the Department of Public Works.
3.The canopy be modified or removed immediately upon the request of the City.
4.The petitioner/owner secures and submits to the City Clerk a separate insurance policy which
names the City as an additional insured with a minimum coverage of $200,000 per person and
$500,000 in general aggregate.
5.It is the responsibility of the petitioner/owner to file in a timely manner a new insurance
certificate with the City Clerk upon expiration of an existing certificate. Failure to do so will
result in the revocation of the privilege in street within ten (10) days of notice.
6.The petitioner/owner execute a hold harmless agreement with the City.
Seconded by Scheuermann. Motion carried 7-0.
VIII. AUTHORIZATION TO ACQUIRE AND DISPOSE OF PROPERTY AT 1241 JACKSON
STREET
This item was withdrawn from the agenda.
David Borsuk and Paul Esslinger left the meeting at 6:20 pm.
Plan Commission Minutes 7 October 21, 2008
IX.PRESENTATION ON CONSOLIDATED ANNUAL PERFORMANCE AND
EVALUATION REPORT (CAPER) FOR PROGRAM YEAR 2007 COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM EXPENDITURES
Mr. Buck presented the Consolidated Annual Performance and Evaluation Report for the period of
May 1, 2007 through April 30, 2008 summarizing accomplishments and detailing how funds received
from HUD were expended. Funding is received annually from HUD based on census data and is
required to be utilized on programs benefiting low to moderate income objectives such as housing,
economic development, public services/facilities, acquisition and demolition, and
planning/administration. Available funding for 2007 was $1,587,647 with expenditures totaling
$742,505 with a percentage of 70% of current funding expensed to benefit low and moderate income.
Mr. Buck displayed photos of some of the projects these funds were utilized to support such as housing
rehabilitation projects and demolition of blighted properties in the Near East Neighborhood. He also
summarized the amounts granted to local public service sub recipients and total planning and
administration expenditures. Mr. Buck stated that the full CAPER report has been prepared and will be
submitted to HUD who will perform a comprehensive review of the program activity. A copy of this
report is available in the Planning office or online for anyone who wishes to review it.
There being no further business, the meeting adjourned at approximately 6:32 pm. (Propp/Fojtik)
Respectfully submitted,
Darryn Burich
Director of Planning Services
Plan Commission Minutes 8 October 21, 2008