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Plan Commission Minutes 1 October 16, 2007 PLAN COMMISSION MINUTES OCTOBER 16, 2007 PRESENT: Ed Bowen, Thomas Fojtik, Paul Lowry, Paul Esslinger, Cathy Scherer, Shirley Mattox EXCUSED:
David Borsuk, Meredith Scheuermann, Kathy Propp, Jeff Thorkildsen, Jon Dell’Antonia STAFF: Darryn Burich, Director of Planning Services; David Buck, Principal Planner; Jeff Nau, Associate
Planner; Deborah Foland, Recording Secretary Chairperson Scherer called the meeting to order at 4:00 pm. Roll call was taken and a quorum declared present. The minutes of October 2,
2007 were approved as presented. (Esslinger/Lowry) I.A. PARTIAL VACATION OF SANITARY SEWER & WATER MAIN EASEMENTS AT 854 KEENVILLE LANE The Department of Public Works is requesting partial
sanitary sewer and water main easement vacations. There was no discussion on this item. I.B. ACCEPT STORM SEWER EASEMENT FOR PROPERTY LOCATED AT 960 AND 1000 PARK RIDGE AVENUE The Department
of Public Works is requesting acceptance of a storm sewer easement for the installation installation of storm sewer and a catch basin between 960 and 1000 Park Ridge Avenue. There was
no discussion on this item. I.C. FOUR-LOT LAND DIVISION/CERTIFIED SURVEY MAP AND RIGHT-OF-WAY DEDICATION OF ZACHER DRIVE (EXTENDED) IN AN AREA GENERALLY KNOWN AS ISLAND VIEW ESTATES
SUBDIVISION Jeff Nau presented the item and stated that the owner had submitted a new certified survey map today with the necessary easements in place satisfying two of the conditions
noted in the staff report. Ms. Mattox asked if we would be collecting parkland dedication fees from this development. Mr. Burich responded that due to a change in legislature, parkland
dedication fees can no longer be collected, only the dedication of land itself. Ms. Mattox also inquired if the platting of this subdivision in 1996 was according to our standards in
the Comprehensive Plan. Mr. Burich replied that it was.
Plan Commission Minutes 2 October 16, 2007 Leroy Zacher, 4470 Island View Drive, stated he was present to answer any questions the board may have. Motion by Fojtik to move approval of
the consent agenda as requested with the following conditions to be placed on Item IB: 1. Appropriate easement documents completed and signed between the city and property owners and
recorded at the Winnebago County Register of Deeds. And the following condition to be placed on Item IC: 1. The owner enters into a developer’s agreement to facilitate construction of
public utilities and street construction. 2. Grading and drainage plan to be submitted and approved by the Department of Public Works prior to building permit issuance. 3. All existing
public and private easements as well as any proposed public and private utility easements are shown/depicted on the C.S.M. prior to acceptance by the city. 4. Documentation for protective
covenants is recorded at the Winnebago County Register of Deeds. 5. A temporary 50-foot radius cul-cul-de-sac be mapped as a public roadway easement at the westerly end of the proposed
extension of Zacher Drive. Seconded by Lowry. Motion carried 6-0. II. ZONE CHANGE FOR PROPERTY LOCATED AT 1901 OREGON STREET FROM C-2: GENERAL COMMERCIAL DISTRICT TO R-2: TWO FAMILY
RESIDENCE DISTRICT This request involves a zone change for a single property located at the southwest corner of W. 19th Avenue and Oregon Street from C-2 General Commercial District
to R-2 Two Family Residence District. Mr. Bowen questioned if we have a letter of closure from the DNR as this parcel was formerly used as a gas station. Mr. Nau replied that he did
not have an official letter of closure, but did find a memo stating that the property has been cleared. Bob Rosenberg, 1350 Heidi Haven Court, stated that he was the owner of the site
and he did possess a letter of closure from the DNR, but he did not bring it with him today. Ms. Mattox inquired if we have a design standard for in fill developments such as this one.
Mr. Burich responded that we do not have one at this time. Ms. Mattox stated that she felt that backing out of a driveway onto Oregon Street was uncomfortable because of the traffic
and that the developer should consider moving the driveway on to 19th Avenue. She further stated that she did not feel that a ranch-style house would fit into this neighborhood.
Plan Commission Minutes 3 October 16, 2007 Mr. Burich commented that he didn’t think that one additional driveway on Oregon Street should not be a detriment to the area as it is already
quite developed. Del Tritt, 6228 County Road N, Pickett, stated that he just completed some homes on Knapp Street, which were all ranch-style structures, and he felt they were very well
accepted in the area. Motion by Fojtik to approve the zone change for 1901 Oregon Street from C-2 to R-2 as requested. Seconded by Esslinger. Motion carried 6-0. III. CONDITIONAL USE
PERMIT AND REZONING FROM THE R-3 DISTRICT TO C-2 FOR DEVELOPMENT OF A RESTAURANT WITH DRIVE-THROUGH FACILITY (A&W) AT 2187 WEST NINTH AVENUE The applicant is requesting a rezoning and
a conditional use permit for the establishment of an A&W drive-in restaurant with a drive-through facility, as well as associated site improvements. Mr. Buck presented the item and stated
that the petitioner submitted a new site plan moving the building slightly to the north. Mr. Fojtik inquired since this new development would generate much more pedestrian traffic than
the past development on the site, if something would be done about signage on Ninth Avenue to assist pedestrian crossings on this busy street. Mr. Buck responded that this would not
be an issue for the developer, but a matter to be reviewed by the Department of Public Works. Mr. Bowen questioned if the drive aisle on Ninth Avenue was in the same location as the
existing drive aisle. Mr. Buck replied that it was very close to the same location. Mr. Bowen voiced his concern with the close proximity to the intersection of Ninth Avenue and Graceland
Drive and questioned if the petitioner considered flipping the site plan to place the drive aisle further away from the intersection. Jeffrey Brownell, PFDA Architects, Inc., 20 N. Wacker
Drive, Chicago, stated that by flipping the site plan they would lose the drive through with a counter clockwise turn. He further stated that on the new site plan the curb cut is being
moved approximately ten feet to the north. Ms. Mattox questioned if there would be a dedicated sidewalk leading to the picnic table area. Mr. Buck responded that the site plan indicates
that there would be a painted striped area leading to the outdoor picnic area. Motion by Bowen to approve the conditional use permit and rezoning from R-3 to C-2 for development of a
restaurant with drive-through facility as requested with the following conditions:
Plan Commission Minutes 4 October 16, 2007 1) An easement for right-of-way purposes is provided along Ninth Avenue over the location of the public walk. Seconded by Lowry. Motion carried
6-0. IV. ZONE CHANGE AND CONDITIONAL USE PERMIT/DEVELOPMENT PLAN APPROVAL FOR PROPERTY LOCATED AT 1393 WASHINGTON AVENUE (AMERICAN LEGION) This request involves both a zone change from
R-3 Multiple Family Residence to C-1PD Neighborhood Business District with a Planned Development Overlay and a conditional use permit/development plan approval to allow for site improvements
and open boat storage in the parking lot. Mr. Burich presented the item and distributed new site plans submitted by the petitioner showing the garage located in the same area but parallel
to the parking situation with the dumpster enclosure being moved into the parking area behind the garage. Russ Reff, 217 Ceape Avenue, attorney representing WFW Enterprises, LLC, stated
that he was of the understanding that the acting City Attorney had directed commissioners who were members of the Oshkosh Yacht Club not to vote on this item, as it would be considered
a conflict of interest. He wanted to clarify that the Yacht Club was not involved in this project and there should be no issue with board members voting on the item. He further stated
that the Wyman family was stepping forward with a plan to renovate the site and it should prove to be a win/win situation for all. The American Legion members voted in favor of the project,
which would improve the site by adding landscaping and upgrading the parking area as well as much needed renovations to the building. It would be a benefit to the neighborhood and a
tourism attraction as well. The zone change is not intended to change the use on the site but to allow extensive restoration work to be completed. The Planned Development Overlay would
protect the neighborhood from any change in use in the future. Mr. Fojtik commented that he was very pleased with the plans for this site. Ms. Scherer and Ms. Mattox agreed. Mr. Esslinger
commented that he agreed with Atty. Reff that members of the yacht club should not have to abstain from voting on this request. Motion by Lowry to approve the conditional use permit/development
plan and zone change from R-3 to C-1PD for property located at 1393 Washington Avenue as requested with the following conditions: 1) Reconstructed parking lot to have a minimum 5-foot
setback along Lambert Street and Winnebago Avenue and include parking lot perimeter landscaping per Zoning Ordinance requirements. 2) Open storage of boats permitted in the area identified
on the site plan from May through September. 3) Dumpster enclosure to be visually screened with landscaping or additional fencing along the Winnebago Avenue right-of-way. 4) Internal
landscape islands to be included at parking lot reconstruction at the ends of the parking aisles between the building and Lambert Street. 5) Approval of a grading and drainage plan by
the Department of Public Works for parking lot reconstruction.
Plan Commission Minutes 5 October 16, 2007 Seconded by Mattox. Motion carried 6-0. V. ZONE CHANGE FROM R-3 MULTIPLE FAMILY RESIDENCE DISTRICT AND M-3 GENERAL INDUSTRIAL DISTRICT TO C-2
GENERAL COMMERCIAL DISTRICT FOR PROPERTY LOCATED AT 1438 AND 1480 WEST SOUTH PARK AVENUE This request involves a zone change for property located at 1438 and 1480 West South Park Avenue
from R-3 and M-3 to C-2 in order to combine the sites and market them for their highest and best use. The area of the rezoning request encompasses approximately 2.2 acres of land. There
was no discussion on this item. Motion by Fojtik to approve the zone change from R-3 and M-3 to C-2 for property located at 1438 and 1480 W. South Park Avenue. Seconded by Bowen. Motion
carried 6-0. VI. CONDITIONAL USE PERMIT/DEVELOPMENT PLAN REVIEW AT THE 500 BLOCK OF JEFFERSON STREET (FORMERLY 579 JEFFERSON) The applicant is requesting a conditional use permit and
development plan approval to allow construction of a 10-stall parking lot. Parking lots are allowed in the R-2 Two Family Residence District through the conditional use permit process.
Additionally, due to the property’s location in the Near East Neighborhood Redevelopment Area Planned Development District, a development plan is required to be approved. Ms. Scherer
asked for clarification on the location of the west property line referred to in condition #2. Mr. Buck displayed the location on the site plan. Ms. Scherer inquired if there would be
a reduction in setbacks on the east side property line as well. Mr. Buck replied no. Ms. Scherer asked if there would be four trees required on the site rather than one and if stormwater
drainage plans would be required. Mr. Buck replied that with the modifications suggested in the staff report, there would be sufficient room for the four trees and that stormwater, drainage,
and grading plans would be required as this is a general state program for all developments to control runoff from impervious surfaces and would require the approval of the Department
of Public Works as stated in the recommendations. Ms. Mattox asked if the proposed parking lot owner also owns the buildings on Main Street adjacent to the lot. Mr. Buck replied that
the lot and several of the Main Street properties are owned as part of a trust fund in the name of Esther Seifeldt. Ms. Mattox stated that she felt that this was too much impervious
surface for the neighborhood. Mr. Buck responded that it complies with the current ordinance.
Plan Commission Minutes 6 October 16, 2007 Carl Sosnoski, 2475 Knapp Street Road, stated that he did not agree with the statement made by Mr. Burich regarding DNR requirements for this
parking lot. He commented that he spoke with a representative of the DNR in Green Bay recently and they are not concerned with any parking lot of one acre or less in size. Mr. Burich
responded that he did not make this statement. Mr. Buck added that he was not inferring that the DNR was requiring the stormwater, drainage and grading plans, but that they encourage
all municipalities to have a plan to reduce runoff from impervious surfaces. This helps the City over all to meet environmental standards. Jeff Verner, 584A Main Street, representing
the petitioner, stated that the parking lot was primarily for the use of the tenants occupying the apartments upstairs. There are currently four apartments occupied and they were trying
to provide spaces for all the residents. There is also a waterbed store in the lower level that utilizes the lot for pick-ups and deliveries behind their store. They are trying to maintain
the functional use of a very small lot. Ms. Scherer asked if he was in agreement with the conditions placed on this request. Mr. Verner responded that they did not want to reduce the
size of the lot and he was concerned with the landscaping, as it would be difficult to maintain, as the shadow from the buildings is significant so sunlight and watering would be an
issue. Herb Pollnow, 1329 Oregon Street, commented that he recently purchased property and he did not feel that these catch basins and stormwater plans were necessary. Ms. Scherer replied
that this was not an issue for discussion at this time. Mr. Pollnow stated that he wanted to know if the board was in favor of the DNR proposals. Mr. Burich responded that the stormwater,
grading, and drainage plans are not a new requirement and that the Department of Public Works approves all such plans for any newly developed sites. Mr. Bowen asked if the adjusted site
plan would allow reasonable space for a truck to turn around for deliveries in the lot. Mr. Buck replied that it is difficult to say, but a standard drive aisle is 24 feet. Another alternative
would be to remove a parking space or two. Mr. Verner commented that if the stalls are reduced by four feet as suggested, it would be a tight turn for trucks making deliveries, as most
trucks are 22-24 feet long. Motion by Esslinger to approve a conditional use permit/development plan to allow construction of a 10-stall parking lot in the 500 block of Jefferson Street
as requested with the following conditions: 1. Base code modification to reduce the north lot line transitional yard setback from twenty feet (20’) to five feet (5’) and zero feet (0)’
as depicted. 2. Base code modification to reduce the west property line setback from twenty-five feet (25’) to zero feet (0’) as depicted.
Plan Commission Minutes 7 October 16, 2007 3. Increase the southern lot line setback the greatest distance possible without affecting the function of the parking lot. 4. Landscape plan,
meeting the standards of the Municipal Code, is approved by the Department of Community Development. 5. Stormwater, drainage and grading plan, meeting the standards of the Municipal
Code, is approved by the Department of Public Works. Seconded by Fojtik. Motion carried 6-0. VII. PROPOSED TEXT AMENDMENT TO ZONING CODE CHAPTER 30/ARTICLE XII: OFF-STREET PARKING AND
LOADING FACILITIES The City Department of Community Development requests review and approval of an amendment to the City of Oshkosh Zoning Ordinance repealing and recreating Article
XII: Off-Street Parking and Loading Facilities, which encompasses Section 30-36 of the Zoning Ordinance. The Common Council referred this item back to the Plan Commission at its September
25th meeting. The proposed text amendment is the same as previously reviewed by the Plan Commission with the exception of a “Non-Conforming” parking lot section that has been added to
deal with legally constructed lots with less setbacks than required and exemptions for internal landscaping and curbing. Mr. Burich stated that he wanted to clarify a few issues before
discussion on this item commences. Catch basins, setbacks, and requirements for reconstruction of parking lots are not new and are not part of the proposed text amendment changes being
considered today. All of these requirements are contained in the current ordinance. He further stated that he understands that owners of smaller parking lots have concerns with ordinance
changes, but the City does attempt to support central city businesses. Special provisions for nonconforming lots have been added to this amendment to exempt existing legal parking lots
with 50 or less spaces from having to install internal landscaping and curbing during reconstruction. Additionally, a provision was added to deal with parking lots with less than the
required setbacks required by the ordinance allowing parking lots with less than 5 feet of setback to be reconstructed at 5 feet generally (3.5 feet adjacent to the street in the C-3
district) and those setback more than 5 feet but less than the ordinance requirements to reconstruct in the same place. Internal landscaping and curbing and flexible parking requirements
are the major changes to the ordinance. Mr. Buck summarized the proposed text amendment and stated that if a parking lot could not conform to these standards, a variance could be granted
through the Board of Appeals. Mr. Burich presented photographs displaying parking lots in both older and newer developments displaying the aesthetic and environmental benefits with the
new ordinance revisions. He explained that the ordinance revisions also benefit safety and functionality of the parking lots as the internal landscape islands help to define traffic
circulation. He stated that we would like to promote more green areas with trees planted in these islands instead instead of the gravel or mulch surrounding small bushes. The new ordinance
also addresses the addition of pedestrian access in parking lots. Mr. Esslinger asked if there was a size requirement for a parking lot for the landscaping requirements to be in effect.
Mr. Burich responded that it is typically based on size and the requirements would be in effect for any lot over 20 spaces. Mr. Esslinger commented that he felt that small businesses
should be exempt.
Plan Commission Minutes 8 October 16, 2007 Mr. Burich replied that any lot of 50 spaces or less would be exempt for reconstruction purposes and that the requirements for lots over 20
spaces is for new developments only. James Lang, 1115 Bayshore Drive, commented that he was not aware of the existing ordinance pertaining to parking lots and that he owns a number of
properties on the south side of the City. He stated that a lot of the properties were zoned industrial and the ordinance does not work for older sites. He felt there were too many different
zoning classes these days compared to years ago when there were only a few. He questioned what constitutes reconstructing a parking lot-removing the surface? Mr. Burich responded yes.
The proposed ordinance would alleviate some issues with older sites, but most of the requirements effect newly developed sites. Mr. Lang commented that the Plan Commission should look
at “grand fathering in” all older sites so they would be exempt from any newly created ordinances. Carl Sosnoski stated that he would like to thank Mr. Lang for explaining things well
and would like the Plan Commission to do more for small businesses. He feels that these businesses have a limited amount of space on sites and greenspace does not pay bills. He has driven
around the City and looked at other lots and a lot of them do not conform to these new standards. Peter Lang, 1450 Fairview Street, questioned what area of the City is considered the
Central City area. Mr. Burich responded that the Central Zoning district is the older built up area of the City. Mr. Lang also questioned if grass was the only acceptable alternative
for planting in the landscaping areas. Mr. Burich replied that other forms of ground cover were acceptable; it does not have to be grass. Mr. Esslinger stated that he felt there was
obviously a problem with what’s on the books now and asked for further clarification on what the board was voting on today. Mr. Burich responded that the three main changes in the text
amendment are the internal landscaping and curbing requirements and the flexible parking requirements. Mr. Buck added that there were also changes to shared parking, drive through requirements,
setbacks, reduction in parking lot size, net floor area used to determine required parking stalls, and reduction in stall sizes. He further commented that there are a lot of positives
in the text amendment and it is all detailed in the staff report provided to the board members. Mr. Esslinger commented that he was not comfortable with approving this amendment and
felt that the whole thing should be looked at again. Ms. Scherer disagreed and stated that the Plan Commission has been working on this for years. Hundreds of items from different communities
have been considered, and not only the Plan Commission, but also input was obtained from numerous other organizations and developers in the City. Workshops were held many times to discuss
these items and obviously we cannot please everyone. Business owners who feel they have a hardship hardship complying with the standards can seek a variance from the Board of Appeals.
Plan Commission Minutes 9 October 16, 2007 Mr. Esslinger stated that what was done it the past didn’t work and the people in the audience do not agree with it so we should look at the
whole package again. Ms. Mattox agreed with Ms. Scherer and stated that she sat on all six committees that worked on this ordinance amendment, which took almost 100 meetings and several
years to develop. Mr. Fojtik agreed with Ms. Scherer and Ms. Mattox and commented about how comprehensive this whole process of drafting this amendment has been. Ms. Scherer commented
that the changes incorporated today in the amendment are already a compromise. Mr. Bowen stated that he felt that this was a better-crafted ordinance than most and brings the City up
to the standards of all major communities in the area. It ensures the aesthetic appeal of the City. Motion by Bowen to approve the proposed text amendment to zoning code Chapter 30/Article
XII: Off-Street Parking and Loading Facilities as requested. Seconded by Fojtik. Motion carried 5-1. Ayes-Bowen/Fojtik/Lowry/Scherer/Mattox. Nays-Esslinger. VIII. PRESENTATION ON 2006
CDBG CAPER Mr. Buck presented the Consolidated Annual Performance and Evaluation Report for the period of May 1, 2006 through April 30, 2007 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 2006 was $1,762,829 with expenditures
totaling $1,171,841 for a percentage of 69.4 of current funding expensed. Mr. Buck also reviewed the three-year reporting cycle for 2004 through 2006, which had an aggregate percentage
of funding expensed of 73.5 percent. 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 subrecipients 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 6:25 pm. (Lowry/Bowen) Respectfully submitted,
Darryn Burich Director of Planning Services