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HomeMy WebLinkAboutMinutes PLAN COMMISSION MINUTES December 2, 2008 PRESENT: David Borsuk, Ed Bowen, Thomas Fojtik, Paul Lowry, Paul Esslinger, Kathleen Propp, Shirley Mattox EXCUSED: Meredith Scheuermann, Todd Retzlaff, Jon Dell’Antonia STAFF: Darryn Burich, Director of Planning Services; David Buck, Principal Planner; Steve Gohde, Assistant Director of Public Works; Deborah Foland, Recording Secretary Chairperson Fojtik called the meeting to order at 4:00 pm. Roll call was taken and a quorum declared present. The minutes of November 18, 2008 were approved as presented. (Propp/Mattox) I.A. ACCEPT STORM SEWER EASEMENT FOR PROPERTY LOCATED AT 2635 HEARTHSTONE DRIVE AND 820 PARK RIDGE AVENUE The Department of Public Works is requesting acceptance of a modified storm sewer easement for the location of a dry stormwater detention pond located in the rear yards of the subject properties. Mr. Buck presented the item and explained that the owner of 2635 Hearthstone Drive approached the Department of Public Works requesting the stormwater plan be modified to allow for landscaping in the rear of the property. Engineering staff has since revised the original plan, adjusting the location of the dry pond and easement location, while maintaining the required storage volume. There was no discussion on this item. I.B. APPROVE TRANSPORTATION PROJECT PLAT FOR THE RECONSTRUCTION OF THE INTERSECTION OF WEST MURDOCK AVENUE AND JACKSON STREET The Department of Public Works is requesting approval of the Transportation Project Plat needed for reconstruction of the intersection of Jackson Street and W. Murdock Avenue. Mr. Buck presented the item and explained that the Transportation Project Plat is a revision to the original plan which was approved by the Common Council in February of 2008. During the preparation of construction plans, modifications of the locations of easements and proposed dedications were required and now reflected on the Project Plat. Commission members discussed some of the areas where the right-of-way would be increased and a question was raised regarding if the new development approved at the prior meeting on the northeast corner of Jackson Street and West Murdock Avenue would be affected. It was determined that the increased right-of-way in that area would only be temporary and should not have any negative impact on this development. Ms. Mattox questioned why the reconstruction of the intersection would affect 21 properties and if this was what was causing the delay in the construction until 2010. Steve Gohde, Assistant Director of Public Works, responded that the number of properties affected is common in all WisDOT projects as easements are required to be obtained for any property which may be accessed during the construction process, even if it is only temporary. At this time, the relocation of Kentucky Fried Chicken is responsible for the delay in the project. Plan Commission Minutes 1 December 2, 2008 Commission members discussed the impact on traffic traveling north and south in 2010 if both Main Street and this intersection were scheduled to be under construction concurrently. Mr. Gohde stated that City staff and the WisDOT are currently discussing these issues. Mr. Esslinger requested that the Transportation Project Plat be removed from the consent agenda to be considered in a separate vote. Motion by Borsuk to approve the acceptance of the easement for property located at 2635 Hearthstone Drive and 820 Park Ridge Avenue as requested. Seconded by Esslinger. Motion carried 7-0. Motion by Lowry to approve the Transportation Project Plat for the reconstruction of the intersection of W. Murdock Avenue and Jackson Street. Seconded by Borsuk. Motion carried 6-1. Ayes-Borsuk/Bowen/Fojtik/Lowry/Propp/Mattox. Nays- Esslinger. II. EXTRATERRITORIAL 4-LOT LAND DIVISION/CERTIFIED SURVEY MAP AT THE 4000 BLOCK OF ISLAND VIEW DRIVE IN THE TOWN OF OSHKOSH The petitioner is applying for an extraterritorial four-lot land division within the Town of Oshkosh to split off four parcels from the currently unimproved base parcel. Lot 1 is proposed to be 3.0 acres, Lot 2 is proposed to be 1.5 acres, Lots 3 and 4 are proposed to be 1.0 acres each. Mr. Buck presented the item and explained that the staff report was recommending denial of this request as it is not compatible with the City’s Comprehensive Plan which designates this area as appropriate for commercial uses. The other issues with this proposed land division are that the criteria for nonagricultural land divisions are not met with this request in that the proposed division is not consistent with surrounding lots, is not compatible with planned uses, and it does not represent an “infill” of vacant land. Commission members discussed whether the Comprehensive Plan should be amended to allow residential use in this area as there are residential lots on Island View Drive fronting the lake. Designated wetlands on the property were also discussed as well as the involvement with Winnebago County and the Town of Oshkosh in this matter. It was determined that an amendment could be considered for the Comprehensive Plan to allow residential use in this area either as a separate issue or in conjunction with other areas that are being considered for amendments. In regard to the designated wetland areas, development can still take place on the site providing that proper setbacks are met. If the land use issues could be resolved first, Winnebago County would have to approve a zone change to permit residential development which may also involve criteria such as minimum lot size regulations. Mr. Burich pointed out that Winnebago County has to enforce the City’s Comprehensive Plan within the three-mile jurisdiction area and the previous land divisions in the area have been done in a rather hap hazard pattern which could create issues when the city would expand into this area. Mr. Burich also noted that even if the Comprehensive Plan were to be amended that this would not necessarily make the land division consistent with the City’s Subdivision Regulations pertaining to land divisions. Ms. Propp stated that she would vote in favor of denying this request at the present time since it is not compatible with the current Comprehensive Plan, but suggests that a map amendment be considered for this area to change the use to residential along Island View Drive. Motion by Borsuk to approve the extraterritorial land division/certified survey map at the 4000 block of Island View Drive in the Town of Oshkosh as requested. Seconded by Propp. Motion denied 1-6. Ayes-Esslinger. Nays-Borsuk/Bowen/Fojtik/Lowry/ Propp/Mattox. Plan Commission Minutes 2 December 2, 2008 III. EXTRATERRITORIAL FINAL PLAT FOR ORMAND BEACH HEIGHTS FIRST ADDITION LOCATED IN THE TOWN OF OMRO The petitioner is requesting approval of a 21-lot extraterritorial plat in the Town of Omro. Mr. Buck presented the item and stated that since it is an extraterritorial plat, the City’s Subdivision Regulations pertaining to physical design requirements do not apply and the plat needs to be reviewed on the basis of being consistent with the City’s Comprehensive Plan only. Ms. Mattox questioned if stormwater management issues have been addressed. Mr. Burich responded that an engineering review would be completed by either Winnebago County or the Town or Omro since this area is not in the City of Oshkosh. Motion by Lowry to approve the extraterritorial final plat for Ormand Beach Heights First Addition located in the Town of Omro as requested. Seconded by Mattox. Motion carried 7-0. IV. CONDITIONAL USE PERMIT APPROVAL TO RE-ESTABLISH AUTOMOBILE SALES AND SERVICE AT 222 JACKSON STREET The applicant is requesting a conditional use permit approval to re-establish an expired conditional use permit that allowed the operation of an automobile sales and service business. Commission members discussed the projected use on the parcel adjacent to this site across Jackson Street as well as the zoning for this area. It was determined that the zoning was C-3 and C-3PD and was appropriate for mixed downtown district development per the Comprehensive Plan. Landscaping requirements were also discussed and it was determined that they would need to meet said requirements in the Planned Development District, but they would not apply to the C-3 Central Commercial District where this site is located. There was also discussion on the close proximity of this use to the Marion Road redevelopment area and if it would be compatible. It was determined that if it was a new development site, it would not be laid out in this fashion, however, since it is utilizing an already existing land use pattern and is an appropriate use for the central city area, it was acceptable. Mr. Lowry questioned why the original CUP had two additional conditions placed on it that were not included on this request. Mr. Buck explained that the condition relating to the driveway on the corner of High Avenue and Jackson Street was not necessary as it has been removed. The other condition preventing vehicles from being parked in the vision triangle has been addressed as signage is currently located in that area that would not allow any vehicles to be parked in that location on the site. Mr. Esslinger inquired why condition #2 required no vehicles to be parked closer than 3.5 feet to the sidewalks and wheel stops or curbing to protect the sidewalk area as well. He stated that he did not see the need for both of these requirements. Mr. Burich responded that the City’s Parking Ordinance Regulations require the setback from the sidewalk and the physical enforcement is a more effective method as it saves staff time dealing with administrative issues if cars are not parked appropriately. Mr. Esslinger stated that he would like the condition amended to add “or other physical barrier to be approved by the Department of Community Development”. Mr. Borsuk stated that he felt we needed to be consistent with how vehicle sales lots are handled in the central city area and he would like a list of said parcels. Plan Commission Minutes 3 December 2, 2008 Motion by Esslinger to approve the conditional use permit for the re-establishment of an automobile sales and service at 222 Jackson Street as requested with the following conditions: 1) Vehicle sales are limited to passenger cars and light trucks. 2) No vehicles are parked closer than 3.5 feet to the sidewalks on High Avenue or Jackson Street and protection of the sidewalk be provided by means of wheel stop, curbing, or other physical barrier to be approved by the Department of Community Development. 3) No storage of parts or equipment outside of the building. Seconded by Borsuk. Motion carried 7-0. V. DESIGNATE MEMBERS TO ASSIST IN PREPARATION OF COMMUNITY SUSTAINABILITY PLAN On November 18th, the Plan Commission was asked to approve the planning process that the City’s Energy & Environment (E&E) Advisory Board would utilize in preparation of the City’s Community Sustainability Plan. The Plan Commission is asked to be an active partner in those efforts and as such provide three representatives on the working committee that will be formed to work on the plan. Mr. Burich stated that the working committee would probably meet once a month and asked for volunteers to participate in these meetings. David Borsuk, Ed Bowen, and Shirley Mattox volunteered to serve on the working committee. OTHER BUSINESS Ms. Mattox requested that she would like to discuss design standards for Highway 45 at a future meeting. Mr. Borsuk requested that he would like to review the 13 elements of the Comprehensive Plan and the progress that has been made on these items. Mr. Burich stated that RFP’s have been submitted for the update of the Pedestrian and Bicycle Circulation Plan which will be moving forward in 2009. There being no further business, the meeting adjourned at approximately 4:50 pm. (Lowry/Propp) Respectfully submitted, Darryn Burich Director of Planning Services Plan Commission Minutes 4 December 2, 2008