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HomeMy WebLinkAboutMinutes PLAN COMMISSION MINUTES November 4, 2008 PRESENT: Ed Bowen, Thomas Fojtik, Paul Lowry, Paul Esslinger, Kathleen Propp, Shirley Mattox, Jon Dell’Antonia EXCUSED: David Borsuk, Meredith Scheuermann, Todd Retzlaff STAFF: Darryn Burich, Director of Planning Services; David Buck, Principal 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 21, 2008 were approved as presented. (Fojtik/Lowry) I.A. ACCESS CONTROL VARIANCE TO PERMIT TWO DRIVEWAY OPENINGS AT 2875 BRADLEY STREET (HYDRITE CHEMICAL CO.) The petitioner is requesting an access control variance to permit a second driveway opening at 2875 Bradley Street to service the property at 191 West 28th Avenue. The property currently has one eighty- foot wide driveway opening to Bradley Street. Mr. Buck presented the item and commented that there were several references in the staff report to 191 West 20th Avenue in error. The correct address was 191 West 28th Avenue. Ms. Mattox questioned the petitioner’s site plan which referenced a new road. Mr. Buck clarified that the area designated on the site plan as a new road was the proposed second driveway to access the property at 191 West 28th Avenue. Motion by Propp to approve the consent agenda as requested with the following conditions: 1)Permanent access easement is established between both parcels or the parcels are combined. 2)Existing drive be reduced as much as possible without removing the ability to use the existing parking or loading facilities. Seconded by Lowry. Motion carried 7-0. II. LAND DISPOSITION – PORTION OF HIGH AVENUE PARKING LOT This request is for a land disposition of an approximate 3,400 square foot undeveloped portion of the High Avenue Parking Lot. The applicant intends on incorporating the property into a reconfigured parking lot for the Community Credit Union at 250 Pearl Avenue. Ms. Mattox voiced her concern regarding adequate parking for the downtown area and questioned how many parking spaces would be lost due to this disposition to a private owner. Plan Commission Minutes 1 November 4, 2008 Mr. Burich responded that the land disposition would have no impact on downtown parking as this is an undeveloped portion of the High Avenue parking lot so there were no parking spaces located in this area. Bob Freid, 708 Nicolet Avenue, commented that he was present for any questions that commission members may have. Board members discussed the need for the fencing shown on the site plan. It was determined that the fencing was necessary to the credit union to serve as a way to buffer the site from the view of the back of the buildings on High Avenue that currently face the site. Motion by Lowry to approve the land disposition of a portion of the High Avenue Parking Lot as requested with the following conditions: 1)Approval of a drainage plan by the Department of Public Works for the parking and greenspace area. 2)Provision of a 5-foot easement along the east property line. Seconded by Fojtik. Motion carried 7-0. III. MODIFICATION PLANNED DEVELOPMENT AMENDMENT – NEAR EAST NEIGHBORHOOD FOR PROPERTY LOCATED AT 658 MOUNT VERNON STREET This item was withdrawn from the agenda at the request of the petitioner. IV. DETERMINATION OF LAND USE CONSISTENCY WITH CITY OF OSHKOSH COMPREHENSIVE PLAN FOR PROPERTY LOCATED AT 4905 COUNTY ROAD “S” IN THE TOWN OF OSHKOSH This request is for a determination of consistency with the Comprehensive Plan. Lands within the City’s 3-mile extraterritorial land division jurisdiction are required to be consistent with the City’s adopted land use plan and a finding by the Plan Commission that the proposed land use, and therefore change in zoning to the Winnebago County B-3 General Business District, is consistent with said plan. Commission members discussed if there were any changes to the request since it was reviewed in July of 2008. It was determined that there were no changes to the proposed land use. A question was raised regarding if the land to the south was designated as rural preservation in the Comprehensive Plan. It was determined that it was designated as such. The petitioner was not present at the meeting and Mr. Burich commented that Mr. Fisher was in the process of working with Winnebago County in an effort to have the County zoning designation changed in this area to one which would allow the auto sales use he is proposing. Motion by Propp to approve the determination of land use consistency with the City’s Comprehensive Plan for property located at 4905 County Road “S” as requested. Seconded by Mattox. Motion denied 6-1. V. DETERMINATION OF LAND USE CONSISTENCY WITH CITY OF OSHKOSH COMPREHENSIVE PLAN FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF 9TH STREET ROAD AND CLAIRVILLE ROAD IN THE TOWN OF ALGOMA Plan Commission Minutes 2 November 4, 2008 This request is for a determination of consistency with the Comprehensive Plan. Lands within the City’s 3-mile extraterritorial land division jurisdiction are required to be consistent with the City’s adopted land use plan and therefore a finding that the proposed wellness center/personal service business use is consistent with the plan is needed. Commission members discussed uses allowed in the C-1 ETZ Neighborhood Business Extraterritorial District and determined that the proposed use was a low impact use for this district. The potential for a future round-a-bout at this intersection was also brought up. It was determined that a 40 foot right-of- way dedication would be required on both 9th Street Road and Clairville Road at the time a land division would be proposed which would allow for sufficient space for a round-a-bout at this location, however there are no current plans for such at this time. Randi Davis, Remedies, LLC, 208 West 12th Avenue, was present for any questions from the commission. Commission members questioned if the petitioner would be expanding their services at the proposed new location and if their services involved working with the local hospitals. Ms. Davis responded that their services would remain the same as what is offered at their current location at 208 West 12th Avenue and that the relocation was necessitated by the fact that they have outgrown their present facility. They may have some clientele referred to them by doctors and she summarized some of the services they offer such as chiropractors, psychiatrists, therapists, and procedures and products for homeopathies and other natural methods of healing. They do not have any pharmaceuticals services other than the herbs, oils, and other natural remedies. Diann Bentle, 4944 9th Street Road, stated that she was present to voice her concerns as well as her neighbors regarding this issue. She stated that this was a dangerous intersection and the increase in traffic generated by this business would intensify the situation. She was also concerned with how the establishment would handle water and sewer as there is no city services in this area, and the hours of operation were a concern as well as this was a rural residential area. Ms. Davis stated that they currently have four staff members and their hours of operation were 10:00 am to 6:00 pm Monday through Friday and 10:00 am to 4:00 pm on Saturdays. She could not quote a specific number of clients per day, but stated that 15-20 individuals per day would be the high end of the spectrum. They have 2-3 parking spaces at their current location and have been able to function without issues with this limited parking availability. They would hope to expand their business at the new location but that was not something that could be predicted at this point. She commented that she was not familiar with issues relating to water and sewer but stated that the establishment would handle those matters as deemed appropriate. Mr. Burich commented that city services for water and sewer was currently about a quarter of a mile away from this site so the petitioner would most likely need to utilize a well and septic system at this point until such a time that city services would extend to this area. He further stated that at this time the only consideration necessary was the determination that the land use was consistent with the Comprehensive Plan. If it is deemed appropriate land use for the area, the next step would be for the item to go to the Extraterritorial Zoning Committee for review for a potential zone change at which time a Planned Development Overlay could be considered for this area to regulate future developments. Commission members discussed the proximity of other commercial uses in this area and determined that the closet business uses were Mercy Hospital to the east and the Industrial Park to the south. Plan Commission Minutes 3 November 4, 2008 Motion by Fojtik to approve the determination of land use consistency with the City’s Comprehensive Plan for property located at the southeast corner of 9th Street Road and Clairville Road as requested. Seconded by Bowen. Motion carried 7-0. VI. CONDITIONAL USE PERMIT/DEVELOPMENT PLAN APPROVAL TO REPLACE A TELECOMMUNICATION TOWER AND ANTENNA AT 404 NORTH MAIN STREET WBAY is requesting conditional use permit approval to allow placement of a telecommunication tower and antenna on the roof of the building known as the National Bank Building to replace an existing tower that has become obsolete. Ms. Mattox questioned if the grey structure on the roof of the building would be moving. Mr. Buck responded that the only proposed changes were the replacement of the tower and antenna on the building. Jim Weinmann, Wireless Planning, 2310 Mill Street, New London, explained the FCC mandated program that initiated the need to replace the telecommunication tower and antenna and stated that any structure on the roof of the building was unrelated to the tower equipment. Ms. Mattox inquired if the tower could be moved back further from the edge of the building so it would not be as visible from the street. Mr. Weinmann responded that the existing platform was going to be used to hold the new equipment and that it was most practical to install the tower in the same area as relocating the platform would add additional costs and complications for the replacement of the equipment. Motion by Fojtik to approve the conditional use permit/development plan to replace a telecommunication tower and antenna at 404 North Main Street as requested. Seconded by Lowry. Motion carried 7-0. VII. ELECTION OF OFFICERS Mr. Dell’Antonia stated that since the commission member who was currently serving as the Vice- Chairman had recently resigned, it was necessary to hold an election of officers to replace Ms. Scherer in this capacity. Commission members should also consider nominations for Chairman which would be acted upon at the next Plan Commission meeting. Mr. Dell’Antonia opened the floor for nominations for Vice-Chairman. Motion by Propp to nominate Mr. Fojtik as Vice-Chairman. Seconded by Lowry. As there were no additional nominations for Vice-Chairman, the floor was closed for nominations. Mr. Fojtik accepted the nomination. Motion carried 7-0. Plan Commission Minutes 4 November 4, 2008 ADDENDUM ITEM I:PUBLIC HEARING: 2009 CAPITAL IMPROVEMENT PROGRAM AND 2009 COMMUNITY DEVELOMENT BLOCK GRANT PROGRAM ACTION PLAN Staff requests review and acceptance of the 2009 Capital Improvement Program and 2009 Community Development Block Grant Program Action Plan budget. The purpose of this review is for the Plan Commission to make a determination of consistency of the proposed programs and activities with the City’s Comprehensive Plan, official maps, or other planned activities of the City. Mr. Buck stated that the preliminary draft of the Capital Improvement Program is prepared by the Department of Public Works and receives final approval by the Common Council. He further stated that the Capital Improvement Program has ten sections and covers improvements to items such as streets, sidewalks, utilities, parks, TIF projects, traffic, property, and equipment replacements. He gave a brief overview of each section in the report. Mr. Bowen questioned the absence of any funding in the CIP for the undergrounding of utilities in areas where street reconstruction was taking place which was an item included in the Comprehensive Plan. Mr. Gohde explained that funding is not available in the budget at this time to cover the expenses for this endeavor. Also, the costs to private property owners abutting the streets where this work would take place were a consideration as well as the fact that in older neighborhoods, the undergrounding of utilities would not be compatible with the homes in those areas. Discussion also took place regarding the location of the Oakwood Road detention basin, TIF 18 expenses, and stormwater sewer construction. It was determined that some of the projects expensed to TIF 18 were not completed due to time restraints and that these projects were not located in the developed area but in the expansion area for creating additional lots. Stormwater sewer construction was not addressed in the CIP as the funding for these projects is covered by the stormwater utility budget funds. Studies are currently underway on Sawyer Creek and Campbell Creek as well as a number of other areas which will be analyzed for future projects. Eugene Winkler, 610 North Eagle Street, commented on the reconstruction of North Eagle Street included in the CIP. He stated that he did not feel that reducing the width of the street from 44 feet to 36 feet was appropriate due to the amount of on-street parking that is present in this area due to activities at Oshkosh West High School, the Alberta Kimball Auditorium, and Pollock Community Pool. Mr. Gohde explained that North Eagle Street was an unusual width and did not conform to City standards. He further explained that the reduction in width was being proposed as the street needed to be reconstructed and the reduction would allow it to conform to City standards as well as save money by not paving the additional area. He assured commission members that the reduction would not result in the loss of on-street parking in this location as it would still be wide enough to accommodate both parking and two drive lanes. Mr. Buck conducted the presentation of the 2009 Community Development Block Grant Program Action Plan, which anticipates the 2009 budgeting for this program. Mr. Buck explained that the federal funds received are required to be spent on programs which meet the national objectives of this funding which are to benefit low to moderate income persons, aide in slum/blighted removal and prevention, and urgent need assistance such as disasters. The funding for 2009 is anticipated to be $782,500 and is budgeted as follows: Plan Commission Minutes 5 November 4, 2008 Central City Development and Community Facilities $150,000 Housing & Neighborhood Development 309,500 Public Services 138,000 Administration and Planning 185,000 All programs require heavy reporting to HUD accounting for program expenditures and the Action Plan also requires Common Council approval. Motion by Bowen to approve the 2009 Capital Improvement Program and 2009 Community Development Block Grant Program Action Plan as requested with the following recommendation: Fully evaluate the undergrounding of utilities when streets are reconstructed if feasible. Seconded by Mattox. Motion carried 6-1. Ayes-Bowen/Fojtik/Lowry/Propp/Mattox/ Dell’Antonia. Nays-Esslinger. There being no further business, the meeting adjourned at approximately 5:30 pm. (Propp/Esslinger) Respectfully submitted, Darryn Burich Director of Planning Services Plan Commission Minutes 6 November 4, 2008