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HomeMy WebLinkAboutMinutes PLAN COMMISSION MINUTES MARCH 21, 2006 PRESENT: Lee Bettes, David Borsuk, Thomas Fojtik, Steve Gehling, Shirley Mattox, Kathleen Propp, and Jeff Thorkildsen EXCUSED: Cathy Scherer, John Weinsheim, and Jon Dell’Antonia STAFF: David Buck, Zoning Administrator/Associate Planner; Susan Kepplinger, Principal Planner; and Vickie Rand, Recording Secretary Mr. Buck called the meeting to order at 4:00 p.m. Roll call was taken and a quorum declared present. In the absence of a Chairman or Vice Chairman Mr. Buck called for a nomination of a Chairman Pro Tem to chair the meeting. Motion by Thorkildsen for the nomination of Mr. Bettes for Chairman Pro Tem. Seconded by Propp. Unanimous. The meeting minutes of March 7, 2006 were approved as mailed. (Thorkildsen/Propp) Unanimous. I: CONSENT AGENDA A: ACCESS CONTROL VARIANCE TO ALLOW MORE THAN TWO DRIVEWAYS ON ONE PARCEL ALONG ELK RIDGE DRIVE -Carow Land Surveying, petitioner, Hunter’s Ridge Apartments of Oshkosh, LLC, owners B: THREE LOT LAND DIVISION/CERTIFIED SURVEY MAP FOR PROPERTY GENERALLY LOCATED AT 3740 FISK AVE – Oshkosh Truck Corporation, petitioner/owner C: ACCEPT RIVERWALK EASEMENT AT THE PIONEER RESORT AND MARINA PROPERTY AT 1000 PIONEER DRIVE – Department of Community Development, petitioner, Decades, owner Mr. Thorkildsen questioned if easement number 3 included the breakwater area. Mr. Buck replied the breakwater area is included in easement number 3. Ms. Mattox questioned who owns the property in easement number 3. Jackson Kinney, Director of Community Development, City of Oshkosh, 215 Church Avenue, replied that easement number 3 is actually in Lake Winnebago, and Decade Properties and the State of Wisconsin will sign off on the easement. Plan Commission Minutes -2-March 21, 2006 Ms. Mattox also questioned who owns the bridges. Mr. Kinney stated Decade Properties owns the bridges. He stated the City plans on replacing the bridges through the Riverwalk Program in 4-6 years. He explained when the City vacates Pioneer Drive, west of the railroad tracks, they will be able to replace the bridge and provide handicap and pedestrian accesses as needed. He also stated it would be more economical to replace both bridges at the same time. Motion by Thorkildsen for approval of the Consent Agenda. Seconded by Borsuk. Motion carried 7-0. II: CONDITIONAL USE PERMIT REQUEST FOR AUTOMOTIVE SERVICE CENTER USE AT 900 NORTH KOELLER STREET – Sears Holdings Corporation, petitioner; Alexander & Bishop II, LLC, owner Richard Murphy, Project Coordinator, stated he could answer any questions the Plan Commission may have. Mr. Gehling questioned if Mr. Murphy had any objections to the condition listed in the Staff Report. Mr. Murphy stated they don’t have any objections to the condition and they plan to move the dumpster inside the building. Mr. Borsuk questioned if there are any other improvements planned for the site. Mr. Murphy stated they are planning to paint the building, make some changes to the façade and change the signage. Ms. Mattox questioned the hours of operation for the automotive service center. Mr. Murphy stated the hours for the automotive service center would follow the normal hours of operation for Sears. Ms. Mattox questioned if other automotive service businesses have extended hours in areas where they abut residential property. Mr. Buck stated automotive service centers such as this are usually open the normal business hours of the store. He stated the automotive service center in this case will only be doing light maintenance. He stated that regulations on lights, noise, and odor already exist in the Municipal Code. Mrs. Propp questioned if water had ever come up to or gotten inside the building during major storms which caused flooding in the area. Mr. Murphy stated he wasn’t familiar enough with the building to respond to that question. Mr. Borsuk stated there are very few changes being made to the structure, and although not required, he would like to encourage Sears to enhance the landscaping since this was built before the Highway 41 Corridor requirements were in place. Ms. Mattox questioned if the Plan Commission could include a condition regarding landscaping. Mr. Buck warned against such a condition, as it was not required by code. Motion by Thorkildsen for approval of the Conditional Use Permit to allow the establishment and operation of an automotive service center on the property located at 900 N. Koeller Avenue subject to the following condition: 1) Tire dumpster is relocated inside the building or to an area outside the floodway and be fully screened from view through the use of a solid masonry or wood fence. Seconded by Borsuk. Motion carried 7-0. Plan Commission Minutes -3-March 21, 2006 III: ZONE CHANGE FROM RESIDENTIAL TO COMMERICAL AT 2058, 2060 WITZEL AVENUE AND ADJACENT VACANT PARCEL – Winnebago Community Credit Union, petitioner, Nels and Carol Naslund & Art Pommerening, owner Mr. Gehling asked for clarification as to concerns staff has regarding not rezoning all the parcels in the area at this time. Mr. Buck stated the 10 & 20 year Land Use Map recommend a commercial zoning district for this area. He stated not having the entire area commercially zoned might limit future commercial development because of the limited size of the remaining land. Mr. Gehling questioned if a condition could be added recommending rezoning for the remaining parcels zoned R-1 in the area. Mr. Buck stated a condition of that nature couldn’t be made and the concern was mentioned to make the Plan Commission aware of future growth expected for the area. Paul Beier, 2064 Witzel Avenue, stated it was difficult getting out of his driveway now, and further commercial development would make it worse. He also stated he was concerned about the effect on his property value and questioned the setback required for a commercial development abutting his property line. Mr. Buck stated a transitional yard or 20’ is required for a commercial district abutting a residential district. He added that a great deal of landscaping is required as the City is sensitive to the impact that commercial property has on adjoining residential property. Chairman Pro Tem Bettes asked Mr. Beier what his plans were for his property, in relationship to his concern about his property value. Mr. Beier stated he has lived there since 1991, and wants to remain there. Bob Drifka, Drifka Group Inc., stated he was available to answer questions along with other representatives in the audience. Mr. Gehling questioned the landscape plan in the area where it abuts the residential neighborhood. Clark Meyer, Larson/Meyer Archetitects, 5523 Integrity Way, Appleton, stated that zero light would be transmitted at the property line based on the foot candle reading as required by the City Ordinance. He also stated there is an existing row of cedar trees which will remain on the property line. Chairman Pro Tem Bettes asked Mr. Meyer for further explanation of the visual barriers on the west side of the property in the area of the drive-thru. Mr. Meyer stated the bank is open to 5 p.m. and that will limit the amount of car lights shining on the neighboring properties. He stated there would be additional landscaping to the existing row of cedar trees. He stated there would be some car lights unless a solid fence was installed which he felt would be more intrusive. Mr. Fojtik questioned if was possible to see the final landscape plan. Mr. Bettes stated a condition could be added to handle that concern. Plan Commission Minutes -4-March 21, 2006 Mr. Thorkildsen stated he was also still concerned regarding the landscaping done in the area of the drive-thru. Motion by Borsuk for approval of a zone change from R-1 Single Family Residence District to C-2 General Commercial District with the recommendation that more intense transitional yard landscaping, particularly in the area of the drive-thru, be submitted to the Department of Community Development. Seconded by Gehling. Motion carried 7-0. IV: ZONE CHANGE/LAND DIVISION/CONDITIONAL USE PERMIT FOR THE DEVELOPMENT OF AN AUTOMOBILE DEALERSHIP ON JACKSON STREET -RAR Investments LLC, petitioner, Jackson Capital Group Limited Partnership, owner Mrs. Propp stated it appears that not enough information has been submitted and the item may need to be laid over. Ralph Racette, Co-Manager of RAR Investments LLC, stated he has a better site plan that addresses staff’s concerns. Mr. Racette stated the revised site plan allows room to drive around the ends of the aisles and and landscaping has also been planned for at the end of the rows. Mr. Gehling questioned if Mr. Racette had any objections to the conditions listed in the Staff Report. Mr. Racette stated he has no objections. Mr. Borsuk asked Mr. Racette to elaborate on the detention area. Mr. Racette stated the detention area is planned on the south side and southwest side of the lot. Mr. Borsuk questioned if there were any plans for the vacant parcel. Mr. Racette stated the vacant property might be used for his Suzuki Dealership, although he is not ready to move the Suzuki Dealership at this time. Mr. Gehling questioned if a cross access agreement would be in place with the vacant lot. Mr. Racette stated the cross access agreement would be in place. He stated they would also share an entrance. Mr. Gehling questioned if that was shown on the site plan. Mr. Buck stated that was not required to be submitted with this request for a Conditional Use Permit but could be if another use were to go in to the north. He stated staff staff looks at the land use and the impact on neighboring properties and uses. Mrs. Propp stated corridor overlay zoning standards have been recommended for Jackson Street and this is in a major location. She stated she has no problem with the use, but wants to ensure a nice job will be done with the building and the landscaping. Mr. Racette stated that he takes pride in his dealership. He stated he is proposing a cement building and has given elevations to staff. He stated extensive landscaping is proposed for the front. Plan Commission Minutes -5-March 21, 2006 Chairman Pro Tem Bettes questioned what stage Mr. Racette was at with this project. Mr. Racette stated all the bids are in and he’s looking for construction to start in the beginning of May. He stated he doesn’t plan to move the Suzuki Dealership for at least a year as he wants to see how the property will be affected by the Washburn Street reconstruction project. Mrs. Propp stated she still didn’t feel comfortable approving this request without an appropriate site plan to review. Mr. Buck passed around two copies of plans recently submitted but not in time for a full review before writing the Staff Report or attending this meeting. Mr. Borsuk stated a condition could be added for a full set of detailed plans to be submitted to the Department of Community Development to be included in the Common Council packet. He also stated the Council will be aware of the Plan Commission’s concerns through the minutes. Mrs. Mattox stated this is a gateway into the City, off of Highway 41 and it is very unattractive. She stated very few businesses have made an effort to enhance the gateway, which she believes could be done with planting trees. Mrs. Mattox stated she feels that too much is being crammed into this area and this use is over extended for this site. Mrs. Mattox questioned if there are sidewalks planned for this area as she has seen many people walking or pushing baby strollers and wagons along the side of the road. Mr. Patek, Director of Public Works, City of Oshkosh, 215 Church Street, stated when all the properties along Jackson Street are in the City limits sidewalks will be installed. He stated a 4’ easement has been recommended along the east property line which will allow a for a 10’ terrace. Mrs. Propp stated she understands that the dealership is being forced to move, and she doesn’t have any objection to the zoning request, or use of the land, but without an adequate site plan will not support the request. Mr. Borsuk stated he believes the concerns with the site plan and the landscaping plan can be resolved by placing a condition, upon approval, for plans to be submitted before going to Council, and in that case would have his support. Mr. Thorkildsen and Mr. Fojtik agreed with Mr. Borsuk. Mr. Gehling stated he would be supportive of the request as long as it meets the ordinance requirements. Motion by Borsuk for approval of the land division subject to the following condition: 1) Provision of a 4 foot wide easement along the east property line. Plan Commission Minutes -6-March 21, 2006 Motion by Borsuk for approval of the zone change from R-4PD to C-2 as requested, and approval of the conditional use permit for the development and operation of an automobile dealership on North Jackson Street found to be consistent with Section 30-11 (D) of the Zoning Ordinance subject to the following conditions: 1) Site Plan be redrawn and submitted compliant with code standards. 2) All parking lot lighting be full cut-off with elements and fixtures oriented at a 90 degree angle to prevent glare and spillover. 3) Approval of landscape plan with landscaping to be placed along all property lines, parking lot perimeter, and on internal islands. 4) Stormwater plan is submitted and approved by the Department of Public Works. 5) No outside storage of junked automobiles and parts. 6) Detailed site plan and landscape plan be submitted to the Department of Community Development for approval and inclusion with the Council packet. Seconded by Thorkildsen. Motion carried 5-2. V: DESIGNATION OF BOUNDARIES, APPROVAL OF REDEVELOPMENT PLAN FOR THE NEAR EAST NEIGHBORHOOD– Redevelopment Authority Ms. Kepplinger stated the purpose of the plan is to make certain that redevelopment occurs in a coordinated manner to ensure that land use, parking, municipal services, streetscaping, and design guidelines will functionally come together and meet the needs and historical characteristics of the neighborhood. She stated the City will work to ensure that blight and blighting influences are eliminated, and that development is done in conformity with other City plans and will be complimentary with uses adjacent to the District. Ms. Kepplinger noted that the Redevelopment Plan for the Near East Neighborhood is consistent with the Comprehensive Plan, the Consolidated Plan, and the Community Development Block Grant Action Plan over multiple years. Ms. Kepplinger stated the process will take 3-4 years and include strategies for property maintenance, blight elimination and appropriate infill, zoning changes, technical and financial rehabilitation assistance, the acquisition and conversion of properties, the development of a Nuisance Property Ordinance, a neighborhood watch and public improvements. Ms. Kepplinger stated the Council will take action on the Redevelopment Plan at the March 28th meeting. Mr. Thorkildsen questioned if the boundaries have remained the same as seen in the previous workshop. Ms. Kepplinger stated the boundaries have remained the same. Motion by Borsuk for approval of the boundaries and Redevelopment Plan for the Near East Neighborhood. Seconded by Thorkildsen. Plan Commission Minutes -7-March 21, 2006 Ms. Mattox stated her concerns with 1200 square feet allowed for accessory structures in the area as historically most homes in the area have either had a one car garage or no garage at all. She stated it was important to have a harmonious and natural feel for the area with guidelines in place to protect the neighborhood. Motion carried 7-0. There being no further business, the meeting adjourned at approximately 5:10 p.m. (Borsuk/Gehling). Unanimous. Respectfully submitted, DAVID L. BUCK Zoning Administrator/Associate Planner DLB/vlr