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HomeMy WebLinkAboutMinutes Plan Commission Minutes March 1, 2005 Page 1 PLAN COMMISSION MINUTES MARCH 1, 2005 PRESENT: Lee Bettes, David Borsuk, Jon Dell’Antonia, Shirley Mattox, Cathy Scherer, Jeff Thorkildsen EXCUSED: Bryan Bain, Steve Gehling, Kathy Propp, Don Simons, John Weinsheim STAFF: Darryn Burich, Director of Planning Services; Kristi Bales and Susan Kepplinger, Principal Planners; Jackson Kinney, Director of Community Development; Darlene Brandt, Recording Secretary The meeting was called to order by Chairman Bettes. Roll call was taken and a quorum declared present. The minutes of February 15, 2005 were approved as distributed. (Scherer/Dell’Antonia) I.A. PRIVILEGE IN STREET /E. 15th Avenue Foth and VanDyke on behalf of Coca-Cola Enterprises is requesting a privilege in street to install a monitoring well within the right-of-way of E. 15th Avenue to determine the extent of environmental contamination, if any, associated with an old underground storage tank. Motion by Borsuk to move approval of granting a privilege in street for the installation of a monitoring well on E. 15th Ave. with the following conditions: 1) The monitoring well be installed in a manner that is approved by the Department of Public Works with no modifications or changes in construction procedure without prior approval by the Department of Public Works. 2) If no longer needed the well be properly abandoned and removed in accordance with City standards and under the direction of the Department of Public Works. 3) Any problem that may arise as a result of the placement of the well be the responsibility of the petitioner/owner to correct in coordination with the Department of Public Works. 4) All appropriate permits be obtained prior to the start of placement of the well. 5) The well be modified or removed immediately upon the request of the City. 6) The petitioner/owner 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. 7) It is the responsibility of the petitioner/owner 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. 8) The petitioner/owner execute a hold harmless agreement with the City. Seconded by Dell’Antonia. Motion carried 5-0. I.B. LAND DIVISION /2325-2345 Clover Street Kurt Koeppler is requesting approval of a land division to create two separate parcels on the corner of Clover St. and Winchester Avenue. The property currently contains two 4-unit apartment buildings. Plan Commission Minutes March 1, 2005 Page 2 Mr. Burich stated staff is recommending approval with the condition that an easement be granted to the City along the Clover St. and Winchester Ave. right-of-ways for installation of sidewalks. Also, per the Zoning Ordinance, a 10 ft. side yard setback is required from the edge of the driveway to the property line. The property owner will be required to verify this setback is provided or seek a modification to the planned development or apply for a variance from the Board of Appeals. Motion by Borsuk to move approval of the land division as requested with the following conditions: 1) Petitioner/owner is to provide a 5 ft. wide sidewalk easement adjacent to the Clover St. and Winchester Ave. right-of-ways. 2) Petitioner/owner is to verify that a 10 ft. wide setback is provided to the side lot line between Lots 1 and 2. Seconded by Scherer. Motion carried 5-0. II. EXTRATERRITORIAL PRELIMINARY PLAT /STONEBROOK FIELDS Jay Boss, petitioner, Boss Farms Inc., owner, is requesting approval of a 20 lot preliminary plat at the northeast corner of Gibs Rd. and Brooks Rd. in the Town of Vinland. Mr. Burich stated the property is currently zoned agricultural under Town of Vinland zoning, and will require a zone change to R-1 Rural Residential to implement the plat. The lands also appear to be enrolled in the Farmland Preservation program. Mr. Burich noted there are several concerns with this plat. The first relates to the requirement that the entire area contiguous to the plat that is owned or controlled by the subdivider be included in the preliminary plat, even though only a small portion of the area is proposed for immediate development unless waived by the Plan Commission. The proposed plat is part of a 280+ acre parcel owned by the petitioner. Only those lands to be included within the proposed plat are noted. The second concern relates to the land use. Rural preservation areas are intended to preserve agricultural uses and protect open space from sprawl and premature development. The proposed plat introduces a new land use pattern, that being residential, into an area of predominate agricultural use. The City’s Comprehensive Plan indicates this area is appropriate for rural preservation. Staff believes the proposed residential use in this area is inconsistent with the City’s Comprehensive Plan. Finally, Mr. Burich stated that plats must demonstrate they will be provided with adequate public facilities and services to support the area. The subdivider has only indicated the proposed lots will be served by private wells and septic systems. Issues such as schools, parks, etc. have not been addressed. Based on these concerns, Mr. Burich stated the preliminary plat as submitted should be denied due to noncompliance with the Subdivision Regulations. Mr. Borsuk inquired if storm water retention/detention had been complied with? To the best of his knowledge, Mr. Burich replied nothing had been submitted. Mr. Jay Boss, owner, appeared before the Commission. Atty. Doug Marohn, 107 Church Ave., Oshkosh, legal council for Mr. Boss, stated they would like to prepare a written response to address the concerns/issues raised by Mr. Burich. They also would like the Plan Commission to waive including the entire 280+ acre parcel in the plat due to cost issues and it seems unreasonable to require this requirement based on the size of the parcel. Also, there are no plans to develop the remainder of the parcel at Plan Commission Minutes March 1, 2005 Page 3 this time. The Town of Vinland recently adopted a Comprehensive Plan and this plat is in conformance with that Plan. They also do not feel the plat is incompatible with the City’s Comprehensive Plan. Atty. Marohn felt the City needs to review its procedures on how it looks at extraterritorial plats. He reiterated that they would like to prepare a written response to the concerns/issues raised and discuss this further with the Plan Commission at a future meeting. They are not asking for approval within the 90 day approval period stipulated in the City’s Ordinance and Chapter 236, Wis. Stats. Mr. Frederick Swed, 6313 Appalachian Way, Madison, consultant engineer, stated he does not understand the issue of platting the entire lands owned by the subdivider if the lands are not included within the plat. He noted the Town has an acreage limit on what can be included in the plat, which conflicts with the City’s requirement. There is a concept plan which indicates the general nature of what is proposed for this property. Mr. Bettes stated the Plan Commission is concerned with how everything will tie together and needs to see an overall plan before approving one piece of a plat. The Commission has not seen a concept plan. Mr. Swed stated the concept plan was submitted to Mr. Burich’s office. The Town and County both feel the proposed use is compatible with surrounding uses. Mr. Dell’Antonia believed a statement was made that there are no plans to develop the remainder of the property, but yet there is a concept plan. Mr. Swed stated there is a concept plan for the entire parcel, but only this portion is being developed at this time. Motion by Scherer to lay over this plat until the April 19th meeting. Seconded by Borsuk. Motion carried 5-0. III. APPROVAL OF: -2005-2009 CDBG Consolidated Plan -2005 Community Development Block Grant Action Plan Ms. Bales stated every five years, the City is required by HUD to prepare a 5-year Consolidated Plan. The Plan provides an analysis of of services needed for housing, homeless, community development, and non-homeless special related projects. The annual action plans for the next five years will address the needs outlined in the Consolidated Plan. Ms. Bales noted that the CDBG Action Plan is prepared to demonstrate how federal funds from HUD will be spent in the City. For 2005, the City anticipates receiving $937,683 of which at least 70% must benefit low-to moderate-income persons. Ms. Bales noted the four categories the City breaks down projects into include: Central City Development and Community Facilities, Housing/Neighborhood Development, Public Services, and Administration and Planning. She reviewed the activities proposed for funding under each category as well as the funding allocation. Ms. Bales stated these documents have been available on the City’s web site and at the Planning Services Division office. A final step, prior to Council consideration, is a review by the Plan Commission for a determination of compatibility with the City’s Comprehensive Plan, official maps, or other planned activities of the City. Staff believes both documents are consistent with the 1993 Comprehensive Plan, as well as the DRAFT Comprehensive Plan. Mr. Bettes inquired how will staff keep the Plan Commission informed on what type of activities are being undertaken in accordance with these documents? Plan Commission Minutes March 1, 2005 Page 4 Ms. Bales replied each year a CAPER is completed by staff which lists the activities undertaken in the previous years CDBG program and the funds used for that activity. Some of the proposed activities may also require Plan Commission consideration. Mr. Dell’Antonia questioned if 18% of the total CDBG allocation seemed reasonable for administrative costs? Ms. Bales reiterated the activities proposed under the administration and planning category, noting the maximum amount that can be spent on administrative activities is 20%. Mr. Dell’Antonia inquired if City staff are dedicated to the CDBG program or are they some of this one, some of that one? Mr. Burich replied staff positions covered under the CDBG program are within the Planning Services Division and are both dedicated and allocated. Mr. Borsuk inquired if any lead abatement or risk assessment was done? Ms. Kepplinger replied lead abatement is mandated by the Federal government and part of the CDBG guidelines. The City’s Housing Rehab Specialist is certified by the State to perform lead testing on homes being considered through the housing improvement program. The City’s rehab program is oriented to health and safety issues. Mr. Borsuk inquired if more dollars should be invested for this type of activity? Ms. Kepplinger felt the City was doing a pretty good job of balancing all issues that need to be addressed in the community. Yes, more funds could be used but there are other needs in the community that need addressing as well. Ms. Kathy Groat, 420 E. Parkway Ave., Appleton, Program Manager for the Fair Housing Center of Northeast Wisconsin, thanked the City for previously funding their requests to further fair housing needs in the City of Oshkosh. This year, the Fair Housing Center requested $16,000 but only $8,384 is being recommended. She respectfully requested that their allocation be increased to at least this years allocation of $10,000. Ms. Bales reminded the Plan Commission that they look at the Action Plan for consistency with the Comprehensive Plan but not funding allocations. Mr. Dell’Antonia inquired if their request could go before the Common Council? Ms. Bales replied yes. Council will hold a public hearing and subsequently take action on the 2005 CDBG Action Plan at its March 8th meeting. Mr. Bettes stated the Community Development Block Grant program and Capital Improvements Program are brought before the Plan Commission each year. Do the Action Plan and Consolidated Plan address the needs of the community for the present and future? Motion by Dell’Antonia to move approval of the 2005-2009 Consolidated Plan and 2005 CDBG Action Plan with a finding that the documents are compatible with the City’s Comprehensive Plan, official maps, or other planned activities of the City. Seconded by Mattox. Motion carried Plan Commission Minutes March 1, 2005 Page 5 OTHER BUSINESS Mr. Burich noted per the Cooperative Agreement between the City and Town of Algoma, the Council approved an Ordinance to preserve existing County zoning in the designated City expansion areas as well as amended the Municipal Code to create an Extraterritorial Zoning Committee (EZC). The purpose of the EZC will be to draft a comprehensive zoning plan for the expansion area and after approval, would review all proposed zone changes in the expansion area. The Committee will consist of 6 members: 3 citizen members of the Plan Commission, and two alternates, appointed by the Common Council, and 3 town members, and three alternates, appointed by the Town Board. Mr. Burich noted even though there will be only 3 voting members of the Plan Commission on the EZC, the entire Plan Commission will participate in the process. Is anyone interested in volunteering to serve on this Committee? There was discussion on when the EZC would meet, how the Committee will function, etc. Staff noted a lot of the details have to be worked out with the Town yet, but envisioned meetings being held immediately following Plan Commission meetings, perhaps once a month or as needed. City staff would provide the same staff support as is done for Plan Commission meetings. This EZC would only work with the Town of Algoma. As Agreements may be reached with other Townships, it would be necessary to create Committees specific for each Town. Mr. Bettes stated the Plan Commission will be electing a new Chairperson in April. There are two Plan Commission members seeking seats on the Common Council. Also, there are only five members in attendance today. Would waiting 6 weeks affect this? Mr. Kinney stated it is important to get the Committee going. It was staff’s intention to ask Council to make the appointments next week. The Town of Algoma has made their appointments and is waiting on the City. Would it be acceptable to request volunteers at the next Plan Commission meeting? It was the consensus of those present to request volunteers at the next meeting. Mr. Borsuk stated he is concerned about the Boss plat and storm water runoff. He understands it is under the County’s control, but it could have an impact on the City. Mr. Burich stated that is a design standard and per the Wisconsin Statutes and case laws, the City does not have control over it. There is nothing the City can do. There being no further business, the meeting adjourned at approximately 5:15 pm. Respectfully submitted, DARRYN BURICH Director of Planning Services