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HomeMy WebLinkAboutMinutesPLAN COMMISSION MINUTES February 2, 2010 PRESENT: David Borsuk, Ed Bowen, Jeffrey Thorns, Thomas Fojtik, John Hinz, Dennis McHugh, Kathleen Propp, Donna Lohry, Robert Vajgrt, Karl Nollenberger EXCUSED: Kent Monte STAFF: Darryn Burich, Director of Planning Services; David Buck, Principal Planner; Steven Gohde, Assistant Director of Public Works; Jeffrey Nau, Associate Planner; 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 January 19, 2010 were approved as presented. (Thoms/Hinz) L ZONE CHANGE FROM C -2 GENERAL COMMERCIAL, C -2PD GENERAL COMMERCIAL WITH PLANNED DEVELOPMENT OVERLAY AND R -2 TWO FAMILY RESIDENCE DISTRICTS TO C -1 NEIGHBORHOOD BUSINESS DISTRICT FOR PROPERTY LOCATED GENERALLY ALONG KNAPP STREET FROM W. 5TH AVENUE TO SOUTH OF W. 9 TH AVENUE The City is requesting a change from C -2 General Commercial, C -2PD General Commercial with a Planned Development Overlay and R -2 Two Family Residence Districts to C -1 Neighborhood Business District. Mr. Nau presented the item and explained that the updating of the zoning in this area was initiated by a request from a residential property owner who was experiencing difficulty in selling his duplex due to its C -2 zoning classification which prohibits residential uses and makes all existing residential uses legal nonconforming. He stated that the zone change would affect 24 properties and reviewed the current zoning of the parcels and the current land uses of said parcels. The residential uses are considered legal nonconforming uses and are allowed to continue to exist but cannot be extended and if it is discontinued for a period of a year or if the structure is damaged more than 50% of its assessed value, it may no longer be used or rebuilt as a residential dwelling. Mr. Nau stated that the C -1 zoning classification would permit a commercial or residential uses on individual parcels and is more appropriate for this area. He reviewed the Comprehensive Plan land use plan as well as the permitted uses of both the C -1 and C -2 zoning classifications. A neighborhood meeting was held in January and the feedback from property owners was mainly positive. Ms. Propp questioned how this would affect the parcels within the Planned Development area. Mr. Nau stated that it would have no negative impact as the parcels within this area were four residential properties and one commercial parcel which would be an allowed use in the C -1 district. The change to the C -1 zoning classification would have less restrictive requirements for the commercial parcel than the current C -2PD designation so it would be beneficial to that use. Plan Commission Minutes February 2, 2010 Mr. McHugh questioned if a property owner of a restaurant use in the area was opposed to the zone change as it would reduces his ability to sell his property. Mr. Nau responded affirmatively and stated that the C -1 and C -2 zoning classifications were very similar and that the only restriction would be that the C -1 designation would not allow industrial use on the parcel, which require conditional use permit approval to establish anyway. Mr. McHugh stated that it would effect what the property owner could do with the parcel and would be creating a road block for business in Oshkosh. Mr. Buck commented that all uses in the C -2 classification are permitted uses in the C -1 classification as well with the exception of industrial uses, which would not be harmonious with other uses in the area. Mr. Burich added the zone change would also clean up a split zoning currently on the restaurant site. Mr. McHugh questioned if the rezoning could exclude the restaurant property as he did not wish to create a nonconforming issue for this property owner if he wanted to go industrial, similar to the issues the residential land owners are currently experiencing. Mr. Buck responded that the restaurant use is a permitted use in the C -1 district and the homes are not a permitted use in the C -2 district so the zone change would not create a legal nonconforming use for the restaurant property. He further stated that to leave this property zoned C -2 would create spot zoning in this area as it would be the only parcel that would be zoned as such and spot zoning is poor planning practice. Jeffrey Schmiedel, 2880 Fox Fire Lane, stated that he owns a home in this area that he is attempting to sell and the buyer was unable to secure financing for the mortgage due to its commercial zoning classification. Mr. McHugh suggested that the rezoning of parcels be dealt with as the property comes up for sale. Mr. Fojtik commented that the concept would create spot zoning in the area which is not considered optimal and not good planning practice. Mr. Thorns stated that the zone change would not adversely affect the commercial properties in any way other than preventing industrial uses, which would not be acceptable uses in this neighborhood. It expands the use for most property owners and the neighborhood -type mixed use was appropriate and cohesive with the Comprehensive Plan. Motion by Nollenberger to approve the zone change from C -2, C -2PD, and R -2 Districts to C-I Neighborhood Business District as requested. Seconded by Borsuk. Motion carried 8 -1. Ayes - Borsuk /Bowen /Thoms /Fojtik /Hinz /Propp/ Vajgrt /Nollenberger. Nays McHugh. II. CONDITIONAL USE PERMIT FOR A PUBLIC UTILITY STRUCTURE IN QUARRY PARK -WEST AT 1601 KNAPP STREET The City of Oshkosh is requesting a conditional use permit to install and operate a utility structure (above - ground blower and vent enclosure) in Quarry Park -West at 1601 Knapp Street. Plan Commission Minutes February 2, 2010 Mr. Buck presented the item and reviewed the zoning and land use in the area and stated that the subject site was currently used as a park with a passive venting system. He reviewed the history of the site, the location of the proposed utility structure, and explained the new venting system to be installed. The City will be going to the Board of Appeals on February 10 to request a variance to allow for a 6' fence around the entire work area for a period of approximately 18 months during the construction period. Ms. Lohry questioned if the utility structure would be a holding system or an energy producing utility structure, if the gas will be converted into power and sold, and if there would be a flame present. Mr. Buck responded that there would be a pump and vent system only which would discharge methane gas into the atmosphere. There would be no power generated from this system as the volumes of gas are too low and no flame will be present. Mr. Thorns inquired if environmental permits were necessary. Steve Gohde, Assistant Director of Public Works, replied that they were working with the DNR on the plans and stormwater, air and construction permits would be required. He commented further about the proposed venting system and how it would prevent the methane gas from seeping into adjacent properties. Mr. Thorns questioned if there would be any other environmental impacts relating to the concentrations or volume of the methane gas. Mr. Gohde responded that the concentration of gas is minimal and would be collected underneath the soil so it should not create any additional impacts. Mr. Nollenberger commented that he liked the proactive approach to the situation and questioned if there were any other potential dangers to the area such as seeping into the storm sewer system that should be addressed. Mr. Gohde responded that the pumping system would vent the gas into the atmosphere so there should be no potential dangers from its installation as there would be no build up of gas in the storm sewer. Ms. Propp inquired if there were any other dangers of explosion due to the installation of this venting system and how the issues would be addressed on the east side of Quarry Park. Mr. Gohde replied that there would be no possibility of explosion due to the venting system and the underground piping would extend to the east side of the park as well. Ms. Propp also questioned if there would be any chance of using the park area again in the future. Mr. Gohde responded that the fence will go up during construction to protect the area and will be on site for approximately 18 months around the work area on both sides of the park. A 20 foot trench will be dug to install the extraction system and the utility structure will be located on the west side of the park only. After the installation of the venting system is complete and the ground cover re- established, the park would be available for use again. Ms. Propp also inquired if the final grading after construction would be done with input from the Parks Department. Plan Commission Minutes February 2, 2010 Mr. Gohde replied that it would not be necessary as the entire area would not be disturbed. The only area would be the trench dug out around the park. Mr. McHugh questioned if the west side of Quarry Park was officially considered a park area. Mr. Gohde responded that there was no park facilities located there and it was a designated area of open greenspace or a passive park area. Mr. McHugh inquired about the height of the proposed fencing. Mr. Buck replied that the fenced enclosure around the utility structure would be 8 feet and the fencing around the perimeter of the property during construction would be 6 feet. Mr. McHugh questioned if the methane gas is currently being vented into the air, why is the City putting money into the installation of this system to perform the same function. Mr. Buck responded that the venting system currently in place was not doing a sufficient job of discharging the gas and that the pumping system needs to be installed to increase the capability of the ventilation of the methane gas. Mr. Thorns asked if the system would be servicing both sides of the park. Mr. Gohde responded affirmatively. Mr. Thorns commented that quite a large area was being disturbed and if stormwater regulations would have to be met. Mr. Buck replied that there were no hard surfaces being installed to trigger stormwater management requirements. Mr. Gohde displayed a map of the quarry area and further explained the venting system and the areas to be disturbed by the installation of this system. Ms. Propp commented that she felt it was a good idea to deal with what could be a dangerous situation and would like to see the work completed so the park could once again be a usable park area. Motion by Propp to approve the conditional use permit for a public utility structure in Quarry Park -West at 1601 Knapp Street as requested. Seconded by McHugh. Motion carried 9 -0. There being no further business, the meeting adjourned at approximately 4:35 pm. (VajgrtBorsuk) Respectfully submitted, Darryn Burich Director of Planning Services Plan Commission Minutes February 2, 2010