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HomeMy WebLinkAboutMinutes PLAN COMMISSION MINUTES OCTOBER 5, 2004 PRESENT: Bryan Bain, David Borsuk, Shirley Mattox, Cathy Scherer, Donald Simons, Jeff Thorkildsen, and W. Lee Bettes, Chairman EXCUSED: Jon Dell’Antonia, Steven Gehling, Kathleen Propp, and John Weinsheim STAFF: Darryn Burich; Director of Planning Services, Matt Tucker; Associate Planner, and 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 the September 21, 2004 meeting were approved as mailed. (Thorkildsen/Bain) Unanimous. I: CONSENT AGENDA A: TWO LOT LAND DIVISION/CERTIFIED SURVEY MAP AT 2450 S. WASHBURN STREET National Survey and Engineering, petitioner, Ubrig Properties LLC, owner, propose to divide a 2.77 acre parcel of land containing a restaurant (Wisconsin Farms) to create two lots for the purpose of making the undeveloped area of the site available for development. The site is zoned M-3 General Industrial District with a Highway 41 Corridor Overlay District. Lot 1 is proposed at 1.3389 acres and Lot 2 at 1.4289 acres. Mr. Borsuk pulled Item A off the Consent Agenda for further discussion. B: TWO LOT LAND DIVISION/CERTIFIED SURVEY MAP AND LAND ACCEPTANCE AT 2351 WITZEL AVENUE Martenson & Eisele, petitioner, Gary Stevens, owner, propose to divide a 1.63 parcel of land containing a single family dwelling to create two lots. Lot 1 contains the dwelling and the other lot is an outlot which is proposed to be provided to the City for stormwater maintenance purposes. Mr. Borsuk pulled Item B off the Consent Agenda for further discussion. C: EXTRATERRITORIAL THREE LOT LAND DIVISION/CERTIFIED SURVEY MAP AT 5098 C.T.H. “T” IN THE TOWN OF OSHKOSH National Survey & Engineering, petitioner, Maronn Trust, owner, are proposing a three lot land division/certified survey map involving two base parcels totaling approximately 78.77 acres of land in the Town of Oshkosh. The CSM indicates that a 5.1-acre lot (Lot 1) will be created from portions of the two base parcels. parcels. The purpose of the land division is to create a smaller parcel around the existing farmstead that will allow it to be sold separately from the agricultural lands. The land division is approximately 4,000 feet from the closest City boundaries to the south. Plan Commission Minutes -2-October 5, 2004 Mr. Bain questioned the last sentence of the Staff Report before the staff recommendation. Mr. Burich stated he wanted to get that statement on record. He stated the staff approves the request to divide the farmstead from the surrounding agricultural lands but would not recommend to the Plan Commission further land divisions for the property at this time as this area is designated for rural preservation. Ms. Mattox questioned the purpose of the land division, and if the subject property was still being farmed. Mr. Burich explained the land division would allow the farmstead with dwelling to be sold off separately from the balance of the farmland. He also stated that further land division of the agricultural land to create residential parcels is not recommended as it is not consistent with the City’s Comprehensive Plan which designates that area for rural preservation. Mr. Burich also stated he believed the land was still an agricultural use. Motion by Mattox for approval of the extraterritorial three lot land division at 5098 C.T.H. “T” in the Town of Oshkosh. Seconded by Simons. Motion carried 7-0. A: TWO LOT LAND DIVISION/CERTIFIED SURVEY MAP AT 2450 S. WASHBURN STREET Mr. Burich explained the owner is proposing to recreate a former lot. Ms. Mattox questioned why the Highway 41 Corridor Overlay requires a 1.5-acre minimum lot size. Mr. Burich explained the purpose of 1.5 acres is to provide adequate area for larger commercial corridor types of development. Mr. Borsuk questioned if Mr. Burich had researched when and why the lots were combined. Mr. Burich stated he had inquired with the Assessor’s Office but was unable to determine the date when they were combined and the reason for the combination. Mr. Bain questioned if Lot 2 would also need a variance from the Board of Appeals. Mr. Burich stated both lots would be less than 1.5 acres, therefore a variance for both lots would be needed. Mr. Borsuk stated he had some concerns he would like addressed before approving this land division. He questioned how much of the lot would be developable and what was intended for the lot. He also stated he would like to see a joint point of ingress/egress and cross access parking agreement required for the lots. He stated he doesn’t feel comfortable with approving the land division as proposed. Mr. Burich stated the property is located in an M-3 zoning district which requires a 1 acre minimum lot size, although the Highway 41 Corridor Overlay requires a 1.5 acre minimum lot size. He stated from a land division standpoint, this proposal meets the land division criteria. He stated this is an infill lot and any proposed use for the lot should easily be able to meet the setbacks and will be required to meet the base standards of the Subdivision Ordinance. Mr. Simons questioned if the 1.5 minimum acre requirement was a City or State Ordinance. Chairman Bettes stated it was a City Ordinance. Mr. Simons stated the lot contains 90% of the required land. Mr. Burich stated the Board of Appeals would look at the hardship or uniqueness of the request according to the Zoning Ordinance whereby the Plan Commission looks at the Land Division according to the Subdivision Ordinance. Plan Commission Minutes -3-October 5, 2004 Mr. Simons also questioned if it would be feasible to share an ingress/egress drive if a business was proposed for lot 1. Driveway locations were discussed with further review possibly needed by the Director of Transportation. Ms. Mattox questioned if there was any drainage problems on the site, as it seemed like quite a lowlying area. Mr. Burich stated any new proposal would have to meet the drainage requirements of the Subdivision Ordinance. Mrs. Scherer questioned if all other requirements had been met except the Highway 41 Corridor Overlay 1.5-acre minimum lot requirement. Mr. Burich stated all other requirements of the Subdivision Ordinance have been met. Motion by Borsuk for approval of a two-lot land division at 2450 S. Washburn Street subject to the following conditions: 1) A cross access parking agreement be required between lots 1 and 2. 2) Lots 1 and 2 to only have one driveway on South Washburn Street with the location of the driveway approved by the Department of Community Development. Seconded by Mattox. Mr. Simons questioned if another option would be to approve the requirements for Lot 1 when a proposal comes forward. Mr. Burich stated action has to be taken at this time. Mr. Bain questioned if the motion calls for the elimination of the current access for Lot 2 and to have only a shared access. Mr. Burich stated that is how he understood Mr. Borsuk’s motion. Mr. Bain also questioned if this would be done at the owner’s expense. Chairman Bettes stated the expense would be negotiable between the owner and buyer of Lot 1. Mr. Bain also questioned if the Subdivision Ordinance would allow one access for Lot 1 and one access for Lot 2. Mr. Burich stated that a driveway for each lot would be permitted. Motion carried 4-3. B: TWO LOT LAND DIVISION/CERTIFIED SURVEY MAP AND LAND ACCEPTANCE AT 2351 WITZEL AVENUE Martenson & Eisele, petitioner, Gary Stevens, owner, propose to divide Mr. Steven’s 1.63 parcel of land containing a single family dwelling to create two lots. Lot 1 contains the dwelling and the other lot is an outlot which is proposed to be provided to the City for stormwater maintenance purposes. Mr. Borsuk questioned what the cost to the City was for the outlot. Mr. Burich stated the outlot would be dedicated to the City at no cost. Plan Commission Minutes -4-October 5, 2004 Mrs. Steven’s, 2351 Witzel Avenue, stated Lot 2 had 25’ of developable space but since the reconstruction of Witzel Avenue that no longer exists. She stated they are willing to donate the land to the City for maintenance. Mr. Burich pointed out the useable space as displayed on the map. Mrs. Steven’s also added that the lot is landscaped. Mrs. Scherer questioned what kind of maintenance the City would need to provide. Mr. Burich stated the City would ensure the drainage way is kept free of debris that could affect the flowage. Mr. Borsuk stated he was not opposed to the land division, however, he would like to see the City’s Stormwater Management Plan to assist in the Plan Commission’s decision making process when looking at these type of issues. Ms. Mattox stated she would also like to see a Stormwater Management Plan as she stated it would be helpful when looking at future development. Ms. Mattox also questioned how much water was in the area during the large rainfall periods during the spring. Mrs. Steven’s stated outlot 2 was flooded and much of the land and debris was washed away in the creek. Motion by Bain for approval of the two-lot land division and land acceptance at 2351 Witzel Avenue. Seconded by Mattox. Motion carried 7-0. II: EXTRATERRITORIAL LAND DIVISION AT THE SOUTHEAST CORNER OF NEKIMI AVENUE AND S.T.H. 26 IN THE TOWN OF NEKIMI On September 21, 2004, Mr. Pennau requested a series of land divisions to create a total of 12 buildable lots on his four properties totaling approximately 82 acres. The requests were denied on the basis that the land divisions were not in compliance with the City’s Comprehensive Plan identifying the subject area for Rural Preservation. Mr. Pennau is now requesting to revise his request to combine the four base parcels of land and create a total of three lots. The four existing parcels are sized at 40 acres, 30.94 acres, 11.15 acres and 0.13 acres. Mr. Bain questioned where the access to the lots was. Mr. Burich stated there was one emergency access on Highway 26 and one access on Nekimi Avenue for all three lots. Robert Pennau, 1051 S. Oakwood Road, stated there was one driveway for all three lots, approved by the County. He stated he would like to develop the balance of the land in the future. Mr. Borsuk noted the trees on the property and asked if they would be maintained. Mr. Pennau stated the trees would remain as they provided a nice buffer from the property to the north. Ms. Mattox asked for clarification of the access points to the property. Mr. Pennau stated there was one access on Nekimi Avenue for all three lots. He stated the access point on State Road 26 was for emergency use only. He stated there will be a locked gate with the key provided to the Fire Department, and it couldn’t be used as an access on a daily basis. Plan Commission Minutes -5-October 5, 2004 Ms. Mattox mentioned the Natural Resources Element of the Comprehensive Plan and noted the stand of trees on the property. She questioned if any wording could be included in the approval regarding the importance of maintaining the trees. Mr. Burich replied that Mr. Pennau has no intention of removing the stand of trees and he also stated the Plan Commission does not have the authority to place such a condition on the land division approval. Mr. Bain stated he was glad to see a compromise worked out with Mr. Pennau and made a motion for approval of the extraterritorial three-lot land division at the southeast corner of Nekimi Avenue and S.T.H. 26 in the Town of Nekimi. Seconded by Borsuk. Motion carried 7-0. III: FLOODPLAIN ZONING MAP AMENDMENT: LOTS 68-71, NORTH SHORE PRESERVE PLAT FIRST ADDITION Larry Miller, Omnni Associates, petitioner for Northshore Real Estate Development LLC, owner, request approval of an amendment to the City’s Floodplain Zoning Map. The amendment would provide for the removal of a 1.488-acre area of the subject property from the 100-year floodfringe of Lake Butte des Morts, as mapped on the City’s adopted Floodplain Zoning Map. Areas that are mapped as 100-year floodfringe may be removed from the regulatory map if fill raises the elevation of the land to a height at least two feet above the regional flood elevation and the filled area is contiguous to lands lying outside the floodplain. The amendment will allow the applicant to build homes without having to comply with floodplain zoning provisions due to the area being removed from areas zoned as floodplain. Mr. Borsuk questioned how high the water elevation was during the spring when the area had large amounts of rainfall. Mr. Burich stated he didn’t know the elevation of the water at that time. Larry Miller, Omnni Associates, Appleton, Wisconsin, stated he was available to answer any questions the Plan Commission may have and stated in reference to the elevation of water this spring, it never reached the level of the 100 year floodplain, 749.9’. Mrs. Scherer questioned the location of the wetlands in the area. Mr. Miller pointed out the wetland area with the help of Mr. Burich on the map displayed. Mr. Tucker, Associate Planner with the City of Oshkosh, also noted that Chapter 30 of the Oshkosh Zoning Ordinance covers this matter. Mr. Simons questioned how close to the lake the subject property lies. Mr. Miller stated the property is approximately 300’ from the lake. Mrs. Mattox questioned if houses would be constructed in this area. Mr. Miller stated that the Final Plat for the First Addition to North Shore Preserve Plat has been approved and recorded, and houses are planned for the subject area. Plan Commission Minutes -6-October 5, 2004 Mr. Simons questioned if the same amendment would be needed in the rest of the First Addition to North Shore Preserve Plat. Mr. Miller stated the lower lying areas were in the four lots covered in this request, and didn’t see the need for any further amendments. Mr. Bain questioned the purpose for the Floodplain Zoning Map Amendment. Mr. Miller explained that in order to construct houses on these four lots without having to meet the floodplain regulations and purchase flood insurance they needed to fill the area to 2’ above the regional floodplain elevation. Mr. Tucker explained there are two options which allow construction in a floodfringe area. He explained the first option would be to construct a dwelling without a basement and build in floodproofing requirements, which is less desirable than the next option, to fill the area to 2’ above the regional floodplain, be able to have a full basement and eliminate the necessity to purchase flood insurance. Mr. Bain questioned if filling this area would have a negative affect on the area. Mr. Tucker indicated that the DNR has determined there would be no problem with filling a floodfringe area. Mr. Borsuk stated in that past year the area has experienced heavy rainfalls and perhaps it would be good to revisit the impact that filling a floodfringe area might have on the surrounding lands. He stated he would like to see permission given to fill a floodfringe area before the fact and not have residents come in afterwards to obtain a Floodplain Map Amendment. He stated if the City is developing more and more residential areas, the Plan Commission needs to look at how to handle this request and where to allow fill. Mr. Burich stated a study has been done in this area to determine what kind of impact removal of floodfringe will have on the surrounding area. Mr. Tucker added that an area couldn’t be filled without first obtaining a permit from the DNR. Chairman Bettes requested this topic to be added to a workshop. Mrs. Scherer questioned who did the study. Mr. Tucker stated the Wisconsin DNR has done a Countywide study in 1997 and the Federal Emergency Management Agency (FEMA) updated their maps in 2003. Motion by Simons for approval of an amendment to the City’s Floodplain Zoning Map that would provide for the removal of a 1.488 acre area of the subject property from the 100-year floodfringe of Lake Butte des Morts as mapped on the City’s adopted Floodplain Zoning Map. Seconded by Borsuk. Motion carried 7-0. OTHER BUSINESS Chairman Bettes informed the Plan Commission that they would be receiving a mailing by the end of the week of a 14-page document that Ms. Bales has complied regarding the goals and actions for each element of the update to the Comprehensive Plan. He explained the makeup of the document and stated they need to vote for 10 items that they felt should receive the highest priority and return the document to Ms. Bales by October 18th. Discussion followed regarding why only 10 items, the focus on what the City Staff can do, and how the rest of the projects were still important and would also be included. Plan Commission Minutes -7-October 5, 2004 Chairman Bettes also noted the Comp Plan Committee Meeting on Monday, October 25th at 4 p.m. in room 404 stating it was critical to the update process and encouraged everyone to attend. Mr. Burich stated a workshop would be held directly following the next Plan Commission meeting on October 19th. He stated this would include an educational session on the Planned Development Overlay Districts and handed out a document prepared in 1999 on the Planned Development Districts in Oshkosh. He encouraged the Plan Commission to review the document before the meeting. There being no further business, the meeting adjourned at approximately 5:10 p.m. (Scherer /Mattox) Unanimous. Respectfully submitted, DARRYN L. BURICH Director of Planning Services DLB/vlr