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HomeMy WebLinkAboutMinutes PLAN COMMISSION MINUTES APRIL 5, 2005 PRESENT: Bryan Bain, David Borsuk, Steve Gehling, Shirley Mattox, Kathy Propp, Cathy Scherer, Don Simons, Jeff Thorkildsen, and Lee Bettes, Chairman EXCUSED: Jon Dell’Antonia, and John Weinsheim STAFF: Darryn Burich, Director of Planning Services; Matt Tucker, Associate Planner; Vickie Rand, Recording Secretary The meeting was called to order at 4:00 p.m. by Chairman Bettes. Roll call was taken and a quorum declared present. The minutes of March 15, 2005 were approved as mailed. (Scherer, Bain) Unanimous. I. CONSENT AGENDA A: PRIVILEGE IN THE RIGHT-OF-WAY TO ALLOW BUILDING ENCROACHMENT (ROOF OVERHANG) AT 653 N. MAIN STREET -Joseph LeRoy, petitioner/owner Stannard Cleaners is in the process of constructing an addition to their existing facility at 653 N. Main Street and the proposed architectural style of the building involves the creation of a hip style roof on top of a 2 story high open area lobby. The hip roof will project approximately 30 inches over the sidewalk at an elevation above the sidewalk of approximately 27 feet. Mrs. Propp questioned if the dots on the site plan represent the layout of the parking lot. Mr. Burich noted the dots represent the canopy overhangs on the building. Mr. Tucker stated the parking lot actually has a reverse layout than what is indicated on the site plan. Mr. Simons questioned if the conditions of approval listed in the Staff Report were typical for overhangs and if there have been any problems encountered in the past. Mr. Burich stated he wasn’t aware of any problems in the past. Motion by Bain for approval of the privilege in street to allow a roof overhang encroachment subject to the following conditions: 1) The petitioner secures and submits to the City Clerk a separate insurance policy which names the City as an additional insured with a minimum coverage of $200,000 per person and $500,000 in general aggregate. 2) It is the responsibility of the petitioner to file in a timely manner a new insurance certificate with the City Clerk upon expiration of an existing certificate. Failure to do so will result in the revocation of the privilege in street within ten (10) days of notice. 3) The petitioner execute a hold harmless agreement with the City. Plan Commission Minutes -2-April 5, 2005 4) The property owner accepts responsibility for maintenance of the sidewalk, in regard to the accumulation of snow and ice, to keep the sidewalk clear and safe for pedestrian traffic. 5) The roof structure be designed to prevent direct roof drainage onto the right-of-way. Seconded by Gehling. Motion carried 9-0. II: LEINWEBER ANNEXATION FOR PROPERTY GENERALLY LOCATED TO THE EAST OF 3320 VINLAND STREET IN THE TOWN OF OSHKOSH -Byron Leinweber, petitioner/owner The owner is proposing to annex approximately 8.15 acres of undeveloped/agricultural lands to address some stormwater issues related to the previous development of the Vinland Farms Subdivision to the north. The annexation will result in the eventual creation of a small residential subdivision with 25-30 lots, depending on configuration and land use. Temporary zoning of R-1 has been requested with the City receiving some inquires as to the possibility of changing the zoning to R-2 Two Family Residence District in the future. Mr. Borsuk questioned who owned the property abutting Vinland Street. Mr. Burich stated Mr. Leinweber owns that property which will remain in the township. Mrs. Propp questioned if Eichstadt Road would extend through the subject property. Mr. Burich stated there is a concept plan for Eichstadt Road to extend to the south and turn west to link up with Vinland Street. Mr. Borsuk stated he felt it would be bad planning not to annex the entire parcel of land abutting Vinland Street. He suggested a condition be made to annex the residence with the remainder of the parcel. Mr. Burich stated an annexation cannot be conditioned, and that the Plan Commission will need to either approve or deny the annexation. Mr. Borsuk stated in that case, he could not support the annexation since the owner has the opportunity to annex the entire parcel. Ms. Mattox stated she understands that high density, single family homes are planned for the subject site, and questioned if there were plans in place for trails to allow people to bike to work if an industrial land use is developed to the south or if allowances are being made for green space in the proposed subdivision. Mr. Burich stated there is only a conceptual plan at this time which include streets and sidewalks for a link to the future commercial /industrial area. Mr. Simons questioned what the owner could do in the City that they could not accomplish in the township. Mr. Burich explained that Eichstadt Road ends at the property line, and the City needs to acquire land from the owner to clean up an engineering drainage issue in the subdivision. He also stated the owner will be able to develop the land at a higher density in the City than in the township and would also be able to obtain City water and sewer utilities. Plan Commission Minutes -3-April 5, 2005 Mr. Gehling stated the Comprehensive Plan designates the property to the south for industrial use in the 20-year plan and questioned if the annexation was recommended with the proper zoning classification, as homeowners will be concerned with the value of their property when an industrial use develops to the south. Mr. Burich stated the R-1 zoning is a temporary zoning classification and would look at a different zoning in the future when a developer brings a plan forward. He also stated homeowners should check the land use in the surrounding area upon buying a home, especially when the property they are interested is surrounded by vacant land. Mr. Borsuk noted the City might want to change the way they look at developments as he feels that a more intensive use next to an Industrial Development doesn’t necessarily mean the property is less valuable. Mr. Bain questioned why the owner doesn’t want to annex the property to the west of the subject site. Mr. Burich replied that at this time the owner wishes to break off the farm land from the existing residence to sell for development purposes. Chairman Bettes asked Mr. Burich to identify what land was located within the City boundaries and what land was located in the township. He also questioned if this annexation would create a town island. Mr. Burich identified the property in the City and the township and stated a town island wouldn’t be created with this annexation request. Motion by Propp for approval of the Leinweber Annexation of approximately 8.15 acres of undeveloped/agricultural farmland south of the Vinland Farms Subdivision with temporary zoning of R-1 Single Family Residence District. Seconded by Thorkildsen. Motion denied 3-6. Nays: Bain, Borsuk, Gehling, Mattox, Scherer, and Bettes. III. CONDITIONAL USE PERMIT FOR A MIXED USE STRUCTURE WITH UPPER FLOOR RESIDENTIAL UNITS /448 N. MAIN STREET -Jeffrey Jahnke, petitioner; Thomas Stein, owner The petitioner is proposing a mixed-use commercial/residential project at 448 N. Main Street that will result in the creation of six 1-bedroom apartments on the second floor of the structure. The first floor will remain in commercial use and will be occupied in part by a mortgage company with four employees and an investment advisory firm. Creation of a mixed-use commercial/residential structure requires a conditional use permit in the C-3 DO zoning district. There was no discussion on this item. Motion by Scherer for approval of a Conditional Use Permit for a mixed-use commercial/residential project at 448 N. Main Street as found to be consistent with Section 30-11 (D) of the Zoning Ordinance. Seconded by Simons. Motion carried 9-0. Plan Commission Minutes -4-April 5, 2005 IV: ZONE CHANGE TO C-2 PD GENERAL COMMERICAL WITH A PLANNED DEVELOPMENT OVERLAY /1856 OMRO ROAD -Kurt Kielisch, petitioner; Jeff Schmiedel, owner The petitioner is proposing a zone change from R-1 Single Family to C-2 PD General Commercial with a Planned Development Overlay that will permit the existing single family house to be converted to a professional office with potential phasing of additions to the original structure. The property currently contains a 1,300 sq. ft. single story dwelling with a detached garage on a 36,364 sq. ft. parcel of land. Mr. Gehling questioned where the street would be located. Mr. Burich stated Koeller Street would be located on the west property line. He also explained a request for a conditional use permit with a planned development overlay would be needed for this property to proceed. Mrs. Propp questioned the future reconstruction of the intersection. Mr. Burich stated there hasn’t been any mapping done for the intersection at this this point, however, he stated the petitioner is aware of the situation and the request for a Planned Development Overlay will enable the project to proceed. Ms. Mattox questioned if the access to the site was from Koeller Street. Mr. Burich stated access would be located on the south side of the property. Mrs. Mattox stated this was a good re-use of the property for a new business. Motion by Mattox for approval of the Zone Change to C-2 PD General Commercial District with a Planned Development Overlay at 1856 Omro Road as it is found to be in keeping with the purpose of the Planned Development Overlay District, Section 30-33 (A)(1) of the Zoning Ordinance. Seconded by Bain. Motion carried 9-0. V: AUTHORIZATION TO ACCEPT EASEMENTS, ACQUIRE PROPERTY AND DEDICATE RIGHT-OF-WAY NEEDED FOR CONSTRUCTION OF THE NEW WISCONSIN STREET BRIDGE AND ASSOCIATED APPROACHES The Department of Public Works is requesting approval of City acquisition of real estate interests needed and dedication of right-of-way needed to permit construction of the new Wisconsin Street Bridge and reconstruction of bridge approaches. Mr. Burich stated the Common Council has previously approved an agreement with the Wisconsin Department of Transportation for the construction of a new four land bridge northwest of the existing two lane Wisconsin Avenue Bridge. He stated the City needs to have the area ready for a 2006/2007 start date, therefore the Plan Commission is being asked to authorize the City to proceed with the project. Mr. Gehling noted the four-lane bridge and questioned if easements would include elements for bike and pedestrian paths as listed in the Comprehensive Plan. Mr. Burich invited Mr. Patek, Director of Public Works, to speak on this issue. Plan Commission Minutes -5-April 5, 2005 Mr. Patek, Director of Public Works with the City of Oshkosh, stated easements are included in the project for pedestrian and bike paths on both the north and south side of the bridge. Mr. Gehling questioned if these paths would go under the bridge. Mr. Patek stated the paths would be under the roadway. Mrs. Propp asked Mr. Patek to expand on information about the construction of the new Wisconsin Street Bridge. Mr. Patek pointed out the area for construction of the new bridge on the map displayed which would start approximately 85 feet upstream. He explained the City will need to purchase small amounts of property from U-Haul Real Estate Company, Lee Beverage Company, J & J Riverside Properties LLC, Saalsaa Bros. Real Estate LLC, Fox Valley Technical School, and the University of Wisconsin to construct a new bridge. Mr. Patek also explained that Steiger Park on the west side of the existing bridge is needed for the project, however, the loss of this park will be made up by increasing that portion of Steiger Park on the southeast side of the bridge. Chairman Bettes questioned if the property owners know of the City’s need to acquire property from them. Mr. Patek stated the City has had discussions with many of the businesses, however, the Plan Commission and Common Council are being asked to authorize the City to proceed with the project which will consist of discussions, mailing, appraisals, and negotiations of property. He stated this would most likely take up to six months to complete. Chairman Bettes questioned if this construction will meet all elements for the area as outlined in the Comprehensive Plan. Mr. Patek stated this construction would meet all elements of the Comprehensive Plan including the sidewalks, bike and pedestrian paths in the area. Ms. Mattox questioned if the businesses in the area will be put at a disadvantage or need to relocate as a result of this project. Mr. Patek stated the tenants of the Deltox Building would be able to stay through 2007, 2007, according to their lease. He stated no other businesses would need to relocate. Mrs. Propp questioned if pedestrian and bike paths were planned for the south/southeast side of Wisconsin Street. Mr. Patek replied that plans for paths in that area have not been completed at this time. Chairman Bettes questioned how the City has communicated to the general public about the plans for construction of a new Wisconsin Street Bridge. Mr. Patek explained there have been presentations at the Common Council meetings over the last year or so, and authorization to proceed with this project will allow a more individual approach at this time. Chairman Bettes encouraged Mr. Patek to return to the Plan Commission with updates as this project progresses. Mr. Patek stated he would be glad to come back, and would also invite the Wisconsin Department of Transportation to join him for a presentation on the progress of this project. Mr. Patek also noted that the existing Wisconsin Street Bridge will remain open most of the time during construction of the new bridge with exception of a few months during 2008. Plan Commission Minutes -6-April 5, 2005 Tom Sonnleitner, Vice Chancellor, UW-Oshkosh, asked what impact this project will have on the parking lots and the cost of signage. Mr. Patek stated restoration costs will have to be determined. He stated the City is responsible to obtain the right-of-way needed from the University and Technical College and the owners will have the ultimate determination of the restoration costs. Motion by Borsuk for approval of accepting any necessary easements, acquisition of the various real estate interests the City is responsible for securing and dedicating the necessary right-of-way to permit construction of the new Wisconsin Street Bridge and approaches. Seconded by Scherer. Motion carried 9-0. OTHER BUSINESS Chairman Bettes stated that after the next Plan Commission meeting of April 19th there would be a workshop held to discuss the structure of the Plan Commission followed by a get together at Nigl’s, on the corner of 9th and Ohio for pizza and beer to celebrate the completion of the Comprehensive Plan. Chairman Bettes also stated that a new Chairman and Officers would be elected at the 1st meeting in May. There being no further business, the meeting adjourned at approximately 4:47 p.m. (Thorkildsen /Simons). Unanimous. Respectfully submitted, DARRYN L. BURICH Planning Services Director DLB/vlr