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HomeMy WebLinkAboutMinutes PLAN COMMISSION MINUTES APRIL 4, 2000 PRESENT: Lee Bettes, Lurton Blassingame, Don Krueger, Achim Reschenberg, Jim Smith, and David Borsuk, Chairman Pro Temp EXCUSED: Melanie Bloechl, Steve Gehling, Donald Pressley, Scott Saunders and John Ruppenthal STAFF: Jackson Kinney, Director of Community Development; John Bluemke, Principal Planner; and Vickie Rand, Recording Secretary The meeting was called to order by Chairman Pro Temp Borsuk. Roll call was taken and a quorum declared present. The minutes of March 21, 2000 were approved as mailed (Krueger/Blassingame) unanimous. I: CONSENT AGENDA A: Utility and Sidewalk Easements The Department of Public Works, petitioner, requests the Plan Commission review and approve utility th easements and a sidewalk easement along S. Oakwood Road between 9 Avenue and Witzel Avenue. The area is characterized by residential land uses and the new Mercy Medical Center. There was no discussion on the Consent Agenda. Motion by Blassingame for approval of the Consent Agenda as proposed. Seconded by Krueger. Motion carried 6-0. II: REZONING - SARRES PLAT Kurt Koeppler, petitioner and owner requests the Plan Commission review and approve the rezoning of an area of the Sarres Plat from R-3 Multiple Dwelling District to R-2 Two Family Residence District. The area proposed for rezoning generally fronts Wisconsin Street and Packer Avenue. Mr. Smith asked what the reason was for the rezoning. Mr. Bluemke stated the owner wants to construct duplexes instead of condominiums as originally planned, and the rezoning would ensure only one structure would be constructed per lot. Plan Commission Minutes Page 2 April 4, 2000 Kurt Koeppler, 1726 Rivermill Road, stated he was the owner of the property and his original intent was to construct single story condominiums. He stated after the Copps Grocery Store was constructed, he felt duplexes would be a better fit with the layout of the area. He stated this would also prevent the elimination of lot lines and be a better marketing tool for selling the homes in the adjacent R-1, Single Family Residence District. Mr. Krueger noted the map included with the Staff Report showed lot number 38 divided into several lots. Mr. Bluemke stated the map was sent out in error and will be used at the next meeting to review a revision to the Final Plat. Mr. Blassingame stated he had voted in favor of the R-3 zoning in the past, and felt it provided a better buffer for the adjacent commercial district than an R-2 zoning district would. Mr. Smith stated since there was one person in control of the entire area he would vote in favor of the rezoning. Motion by Smith for approval of the rezoning from R-3 Multiple Dwelling District to R-2 Two Family Residence District. Motion carried 5-1. Nay: Blassingame. III: RENEWAL OF CONDITIONAL USE PERMIT/DEVELOPMENT PLAN REVIEW The University of Wisconsin – Oshkosh, petitioner and owner, is asking for renewal of a Conditional Use Permit (CUP) approved by the Plan Commission on November 17, 1998 and the Common Council on December 8, 1998, relative to an addition the heating plant located on Woodland Avenue between High Avenue and Algoma Boulevard. The Zoning Ordinance stipulates that CUP’s lapse and become void if the activity does not commence within one year, and given the fact the project did not get underway in that time, it is necessary for the City to renew the CUP pertaining to the heating plant project. The subject site is zoned R-5 PD Multiple Dwelling District with a Planned Development Overlay. Mr. Bluemke stated that by allowing a 0' front yard setback along Woodland Avenue and a 9'5" transitional yard setback for the High Street parking lot, the University would be able to expand the heating/cooling plant in a manner that would be the least obtrusive to the neighborhood, and basically internal to the campus. He also explained the Planned Development Overlay applied to the area gives the Plan Commission the chance to review the project. He stated that in regard to the parking lot, the neighbors and the community have been able to work with the University to provide additional green space and landscaping. Mr. Bluemke stated an additional condition to the Conditional Use Permit/Development Plan Review had been made by the Common Council in December of 1998, which stated no buildings be constructed within a minimum of 50 feet or the width of the original lot, whichever is greater, from the south lot line of 1027 Algoma Blvd, and should be included at this time also. Joel Edson, UW-Oshkosh representative, stated he was available to answer any questions the Plan Commission may have. Mr. Bettes stated this served as a good model where there was give and take between the University of Wisconsin Oshkosh, the community, and the City Planning staff for everyone's benefit. Plan Commission Minutes Page 3 April 4, 2000 Motion by Reschenberg for the approval of the Conditional Use Permit/Development Plan with the following conditions: 1)No windows on the first floor of the south elevation be allowed to open outward. 2)The sidewalk on the north side of Woodland Avenue be extended to the curb line. 3)No buildings be constructed within a minimum of 50 feet or the width of the original lot, whichever is greater, from the south lot line of 1027 Algoma Blvd. Seconded by Bettes. Motion carried 6-0. IV: CONDITIONAL USE PERMIT: RESTAURANT WITH DRIVE-THRU Dale Nelsen, petitioner for Steve Winter, owner, requests the Plan Commission review and approve a Conditional Use Permit for a restaurant with a drive-thru to be located on the lot directly south of the new Copps store at 2551 Jackson Street. The area is characterized by commercial land uses and the subject site is zoned C-2 General Commercial. Mr. Bluemke used the maps as displayed to show the ingress and egress from the Copps parking lot for the drive thru restaurant. He stated the restaurant with a drive-thru window would be located in a 9,000 square foot commercial building to be constructed south of the new Copps store on Jackson Street. He noted that there would be ample space for the traffic to stack up in the parking lot with the exit being to either Jackson Street or Wisconsin Street. He stated condition is included for no direct access to Jackson Street be allowed from the subject property. Mr. Bettes asked what the use between Jackson Street and the Restaurant was. Mr. Bluemke stated there was a parking lot between Jackson Street and the Restaurant. Mr. Borsuk asked what the distance was to the nearest curb cut. Mr. Bluemke stated about 100' , which also included an easement and a setback. Dale Nelsen, 4300 N. Richmond Street, Appleton, stated he was available for questions. Mr. Borsuk stated this appeared to be similar to the conditional use permit for the auto parts store on Murdock Avenue as reviewed at the last meeting. Mr. Smith stated he didn't see the similarity as the auto parts store was proposed in a large strip mall, and this was proposed near a grocery store. Mr. Bettes also stated the egress at this site was different from the Murdock Ave. site where vehicles would have to cross two lanes of traffic. Cindy Grancorbitz, 2447 Jackson Street, stated she lived next to the proposed commercial building. She stated she had a fenced in yard and swimming pool, but was still concerned with the lighting, and the location of the trash. She also stated her driveway would be located next to the restaurant's drive-thru and wanted to be assured her driveway wasn't mistaken for the restaurant's driveway. Plan Commission Minutes Page 4 April 4, 2000 Dale Nelsen, stated there would be changes to the site plan, as he would have to comply with the City Zoning Ordinance in regards to the transitional yard setback and landscaping requirements. He stated he has been working with the City's Planning Services Division who will be reviewing the site plan further to ensure the lighting, setbacks and landscaping are done in a fashion to protect her property. Mr. Smith asked if this was a Conditional Use Permit for the Restaurant with drive-thru only, since it would be only using 1,800 square feet of a 9,000 square foot commercial building proposed for the site. Mr. Bluemke confirmed the Conditional Use Permit was only for the Restaurant with the drive-thru. Mr. Kinney stated the Staff Report submitted to the Common Council will point out the changes on the site plan per the Ordinance Requirements, however, he stated the only issue before the Plan Commission was for approval of the restaurant with the drive-thru. Discussion continued regarding the recent changes in the ordinance regarding the lighting in the area and if problems with older lighting fixtures could be required to comply with the ordinance revision. Mr. Bettes stated it seemed premature to approve the conditional use permit for the restaurant with the drive-thru when there were issues on the site plan that needed to be corrected. He stated he would like to see what impact the design had on the surrounding area. Mr. Burton stated he would like to see the entire plan. Mr. Kinney stated the changes to the site plan would include changing the setback to 19' 3" to the neighbor, having the dumpster relocated on the site, and relocating the sign to comply with the City's Zoning Ordinance. Mr. Kinney stated a revised site plan could be required before the item was taken to the Common Council, or they could lay over the item if they wished. Mr. Smith stated since it was getting so close to the building season, and only minor changes were needed, he would approve the conditional use permit this time, however, he asked to see the site plan in future cases as it would appear before the Common Council. Mr. Reschenberg agreed with Mr. Smith in regards to have everything ready for the Plan Commission, as it would be taken to the Common Council. Mr. Blassingame stated since neighbors have expressed some concerns at this time he would not approve the item without the corrections made to the site plan. Motion by Smith for the approval of the Conditional Use Permit for a restaurant with a drive-thru pick up window to be in compliance with the standards of Section 30-11, with the following condition: 1)No direct access to Jackson Street be allowed from the subject property. Seconded by Reschenberg. Motion denied 2-4. Nays: Bettes, Blassingame, Borsuk, and Krueger. Motion by Bettes to lay over the item until the next meeting. Seconded by Krueger. Motion carried 4-2. Nays: Reschenberg and Smith Plan Commission Minutes Page 5 April 4, 2000 V: PROPOSED TEXT AMENDMENTS TO CHAPTER 30 – ZONING AND SUBDIVISION REGULATIONS The Department of Community Development requests the Plan Commission review and recommend approval of text amendments to Chapter 30 of the Municipal Code. The proposed amendments are suggested by the Department to allow a day care center in the R-1 Single Family Residence District and the R-1C Single Family Central Residence District by Conditional Use Permit (CUP). Mr. Bluemke stated the text amendment was basically proposed to approve day care facilities in an R-1 and R-1C zoning district through the use of a conditional use permit. He went on to explain the two types of day care facilities. Mr. Smith asked how a day care facility was approved on the corner of Oshkosh Avenue and Westfield Street. Mr. Bluemke stated a day care is a permitted use in a R-2 zoning district through approval of a conditional use permit. He stated that old churches and schools used for day care services could prove to be a stabilizing influence in older neighborhoods if this amendment were to be approved. Motion by Blassingame for approval of the text amendments to Chapter 30 of the Municipal Code. Seconded by Krueger. Motion carried 6-0. There being no further business, the meeting adjourned. Respectfully submitted, JOHN C. BLUEMKE Principal Planner JCB/vlr