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PLAN COMMISSION MINUTES SEPTEMBER 7, 2004 PRESENT: Bryan Bain, David Borsuk, Jon Dell’Antonia, Shirley Mattox, Kathleen Propp, Donald Simons, Jeff Thorkildsen, John Weinsheim; and Lee
Bettes, Chairman EXCUSED: Steven Gehling, and Cathy Scherer STAFF: Darryn Burich, Director of Planning Services, Kristi Bales, Principal 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. Chairman Bettes welcomed new member Jeff Thorkildsen to the Plan Commission.
Introductions were made by all members and staff. The minutes of the August 17, 2004 meeting were approved as mailed. (Bain/Dell’Antonia) Unanimous. I: CONSENT AGENDA A: TWO LOT LAND
DIVISION/CERTIFIED SURVEY MAP AT 644 W. 6TH AVE Frueh Consulting Services, petitioner, Thomas Fink, owner, is requesting a two-lot land division for property located at 644 W. 6th Avenue.
The 14,000 square foot property is zoned R-2 and has frontage on 5th and 6th Avenues. The property contains a single family dwelling, detached garage and shed. The owner is proposing
to divide the large lot to create an additional buildable lot along 5th Avenue. B: ACCEPT UTILITY EASEMENTS – NORTHWEST INDUSTRIAL PARK The Department of Public Works is requesting acceptance
of utility easements in the Northwest Industrial Park. The easements requested are a 15-foot wide utility easement, a 12-foot wide utility easement, and a 20-foot wide water main easement
and are needed to allow for installation of utilities in the park outside of the right-of-way. There was no discussion on the Consent Agenda. Motion by Simons for approval of the Consent
Agenda with the following conditions for Item “A” : ITEM “A” 1) Per Section 30-71(J)(6)(C)(i) of the Zoning Ordinance (Subdivision Regulations) payment of $200 in lieu of parkland dedication
for the creation of one additional buildable lot. 2) Removal of the shed from Lot 2. Seconded by Dell’Antonia. Motion carried 9-0.
Plan Commission Minutes -2-September 7, 2004 II: PRELIMINARY PLAT – BLACKBIRD ACRES Please note that the petitioner is requesting approval only for the lots east of Edgewood Road (1-7).
Omnni Associates, petitioner, Grundy Enterprises, owner, is proposing a 7 lot preliminary plat for property located along the east edge of Edgewood Road. The request involves two parcels
of land totaling approximately four acres of land that is zoned R-1 PD Single Family Residence District with a Planned Development Overlay. Mr. Borsuk questioned who owned the unplatted
lands owned by others to the east of lots 1-7. Mr. Burich stated that was part of the North Shore Preserve Plat Larry Miller, Representative for Omnni Associates, stated he was available
to answer any questions the Plan Commission may have. Mrs. Propp questioned the makeup of the undeveloped areas to the east and the north. Mr. Miller stated there were wetlands to the
east and to the north was a detention outlot owned by the City. Sandy Flynn, 2577 Edgewood Lane, questioned when curb, gutter, and sewer would be installed. Mr. Burich stated it would
remain a rural section at this time. Ms. Flynn stated there are water problems now and was concerned about those conditions when the rest of the area was developed, as water currently
backs up on the south side of the lots along the lake. Mr. Burich stated only lots 1 through 7 on the east side of Edgewood Road are being considered for approval at this time, and a
drainage and grading plan are required to be submitted and approved by the Department of Public Works. Ms. Flynn questioned if Edgewood Lane was owned by the City or the County, as she
was concerned about the maintenance of the road and if a pavement report would be submitted. Mr. Burich stated Edgewood Road is owned in part by the City and in part by the Town of Oshkosh.
Mr. Miller pointed out the boundaries of the City and Township on the map as displayed with the help of Mr. Burich. He stated the City of Oshkosh requires a drainage plan that will be
submitted once the approval is granted for the preliminary plat. Mr. Burich suggested Ms. Flynn contact the Department of Public Works with any questions she has regarding maintenance
of Edgewood Lane. Chairman Bettes stated the Department of Public Works could also address any questions she may have regarding a drainage plan for the area. Mr. Miller noted the 100’
drainage easement along the east side of lots 1-7 which travels south and drains into the lake for the North Shore Preserve Plat. He stated 60’ has already been dedicated on the east
side of this plat for a drainage easement. Chairman Bettes questioned if the development of the 7 lots on the east side of Edgewood Road would have an affect on Ms. Flynn’s property.
Mr. Miller stated the development along the east side of Edgewood Road should not affect Ms. Flynn’s property.
Plan Commission Minutes -3-September 7, 2004 Ms. Mattox asked for clarification on the schedule of curb and gutter installation, and questioned where else the City has rural development.
Mr. Burich stated the area would remain a rural area at this time. Mr. Patek, Director of Public Works for the City of Oshkosh stated rural street sections exist in many areas on the
edge of the City. He stated the City has not developed out far enough in those cases, and the bordering towns don’t want curb and gutter. Mr. Borsuk questioned if a developer’s agreement
would cover the installation of utilities. Mr. Patek stated the installation of sanitary sewer and the water main would be scheduled in conjunction with the development of the street
as an assessment project in the future. Ms. Mattox questioned if there was any reason to worry about the condition of Edgewood Lane at this time. Mr. Patek stated that after the utility
project is done the road would be repaired. He stated the road couldn’t be dug up and left in poor condition. Linda Powers, Representative of the Realtors Association, questioned when
an assessment would be done for the road. Mr. Burich stated the assessment schedule depends on how quickly an area develops. Ms. Flynn stated she has seen curb and gutter put in and
the road pieced together with blacktop and torn out later, leaving the curb and gutter. She stated given the current condition of the road she would like to see a pavement report before
the streets are improved. She stated North Shore Preserve Drive is in bad condition with the heavy truck traffic on that road. Ms. Flynn also questioned when development would begin
after approval was given by the Plan Commission and Common Council. Mr. Burich stated he didn’t know the time frame in which the developer would proceed with development of the 7 lots
on the east side of Edgewood Road. Chairman Bettes stated the lots across the street from Ms. Flynn’s property were not part of this plat and have been withdrawn from consideration at
this time. Ms. Flynn stated she had received a meeting notice for lots 1-20 and didn’t learn lots 8-20 were withdrawn until she arrived at the meeting. Mr. Bain questioned if the Plan
Commission could recommend curb and gutter be installed since this was a preliminary plat or if that would need to be done in the final plat stage. Chairman Bettes stated the Department
of Public Works would schedule that when appropriate under their guidelines. Mr. Burich stated recommending installation of curb and gutter may be going beyond the reach of the subdivision
regulations. Mr. Weinsheim questioned if the assessment was only for 7 lots. Mr. Patek stated the property owners on each side of the street would pay 1/3 of the assessment and the City
would pay the remaining 1/3. Ms. Mattox questioned why the developer wouldn’t pay for the assessment. Mr. Patek stated the road was already in place, therefore the property owners pay
1/3 of the improvement costs. Mr. Borsuk questioned if changes to the land use map could be made to include the the designation of wetland and detention areas to assist the Plan Commission
members. Mr. Burich stated it would be designated accordingly and noted it was overlooked this time.
Plan Commission Minutes -4-September 7, 2004 Mr. Weinsheim stated since the road already exists and it is a benefit to the developer, the future assessment of the cost for street improvements
for subsequent property owners didn’t seem to make a lot of sense. Chairman Bettes stated that assessment issues were primarily addressed by the Common Council and that the Plan Commission’s
primary responsibility was whether the land use and resulting development was appropriate for the area. Motion by Borsuk for approval of the Preliminary Plat for Lots 1-7 of Blackbird
Acres for property located along the east edge of Edgewood Road. Seconded by Simons. Motion carried 9-0. III: ZONE CHANGE LOTS 1 & 3 OF STONEY BEACH WEST SUBDIVISION TO R-2 TWO FAMILY
RESIDENCE DISTRICT Robert Anderson, petitioner/owner, requests a zone change to R-2 Two Family Residence District for Lots 1 & 3 of the Stoney Beach West Subdivision. The lots are currently
split zoned between C-1 Neighborhood Business District and R-1 Single Family Residence District. The purpose of the zone change is to allow a two family dwelling to be constructed on
each of the two lots. Karl Schulz, 2782 Fond du Lac Road, stated he had no serious objections to the zone change, although he was somewhat confused about the boundaries of the rezoning.
He questioned if Fond du Lac Road was used as the border for existing uses as stated in the Staff Report. Mr. Burich stated Fond du Lac Road was used as the boundary for the notation
of existing uses in the Staff Report. Mr. Schulz questioned why it was necessary to rezone the road in the development. Mr. Burich explained the location of the road has been changed
due to the drainage and grading of the subdivision, and the road would not be included in the rezoning. Mr. Schulz stated lot 1 is being used for a stormwater detention pond, which was
already a barrier and questioned how a rezoning would create a further buffer between the residential and commercial zoning districts. Mr. Burich explained rezoning to an R-2 Two Family
Residence District would buffer a less intense use from a more intense use between the R-1 Single Family Residence District and C-1 Neighborhood Business District. Chairman Bettes suggested
Mr. Schulz contact the Planning Services staff to answer any further questions he had regarding the rezoning. Mr. Schulz stated that rezoning a detention area didn’t make a lot of sense
to him. Mr. Burich stated that a rezoning is usually broken up at the edge of a lot or the edge of a street, and the underlining zoning would be R-2, Two Family Residence District. Mr.
Schulz questioned the current land use designation. Discussion followed regarding the land use map as displayed. Mrs. Propp stated it looked as though a spot zoning would take place
with this change. Mr. Burich stated that this would not create a spot zone as traditionally understood in a legal context. Spot zoning generally occurs when an “inappropriate” land use
is allowed such that it is detrimental or out character with the area or violates conventional planning practices and has to be viewed on a case by case basis.
Plan Commission Minutes -5-September 7, 2004 Mr. Dell’Antonia questioned if duplexes could still be constructed if a zone change didn’t take place. Mr. Burich stated that from a zoning
standpoint duplexes could be constructed on the C-1 portions of the lots but because of the way the grading and drainage plan was developed, the C-1 areas of the lot are pretty much
not developable with residential structures. Motion by Propp for approval of a zone change to R-2 Two Family Residence District for lots 1 & 3 of the Stoney Beach West Subdivision. Seconded
by Borsuk. Motion carried 9-0. IV: RECOMMENDED DRAFT OF THE AGRICULTURAL, NATURAL, AND CULTURAL RESOURCES ELEMENT OF THE COMPREHENSIVE PLAN UPDATE The City is undertaking an update to
their 1993 Comprehensive Plan in order to bring the plan in compliance with the State’s Comprehensive Planning Legislation that was signed into law in 1999. Commonly referred to as the
“Smart Growth Law”, this legislation established basic requirements for nine elements of a comprehensive plan. These nine elements include Issues & Opportunities, Transportation, Land
Use, Housing, Economic Development, Utilities and Community Facilities, Intergovernmental, Agricultural, Natural & Cultural Resources, and Implementation. Kristi Bales, Principal Planner
for the City of Oshkosh, introduced herself and stated this is the 5th Element of the Comprehensive Plan to be updated. She reviewed the meetings that have taken place, the committee
members involved in the process, the requirements by law, and the three sections of the element to be updated in regards to the goals and actions prioritized by the committee. Mrs. Propp
questioned why “Goal E”, under Actions in the Cultural Resources section: “Create a shoreline/riverfront overlay zoning district.” was not listed in the Natural Resources section. Ms.
Bales stated it didn’t make the cut for that section, however, she stated they will see the actions again after the general public hearing and comments have been considered. Mr. Dell’Antonia
questioned the actions of “Goal C” in the Natural Resources area. Ms. Bales stated the actions in Goal C were designed for developers to have the option of dedicating land or paying
a fee for parks listed as recommendations of the “Comprehensive Outdoor Recreation Plan” which goes into more detail. Mr. Simons questioned Actions: “Goal A” under Natural Resources
and “Goal D” under Cultural Resources as it pertains to the Update of the Zoning Ordinance and Revision of Article XVIII, Chapter 30 of the Municipal Code as to who is involved in the
update. Mr. Burich stated the updates start at the staff level and proceed to the Plan Commission and Common Council. Mr. Simons also questioned if this was the same procedure used for
updating the Municipal Code. Mr. Burich stated the Common Council approves any revisions to the Municipal Code and the Plan Commission is basically involved in revisions to Chapter 30
of the Municipal Code. Mr. Borsuk noted that the next project to update the Zoning Ordinance involving the Historic Preservation District would also come before the Plan Commission.
Ms. Bales stated other commissions are also involved in the Historic Preservation District such as the Landmarks Commission.
Plan Commission Minutes -6-September 7, 2004 Mr. Borsuk also commented that he would like to see the inclusion of a park program that will get the public involved in adopting a park
for maintenance or enhancement as part of the Natural Resources Goals and Actions. Ms. Bales noted that the brownsfields were addressed in the Economic Development element as written
by State Statutes to be included in that element. Ms. Mattox questioned if the air quality issue had been addressed. Ms. Bales stated air quality has been addressed on page 13 in the
Natural Resources section. Mr. Borsuk stated it was important to economic development as well. He stated this is a very significant and important issue, economically and healthwise.
Mr. Borsuk referred to the Cultural Resources Goals, Objectives, and Actions, stating this section needs more definitiveness. He questioned what the balance was and what the City wishes
to accomplish in this area. Ms. Bales explained the update to this element was done by keeping the actions actions streamlined according to facility. Ms. Mattox quoted the definition
of “cultural resources” according to two books she had with her. One book was put out by the Historical Society which explains what cultural resources are, and the other book was on
Heritage Tourism, which defines cultural resources from a tourism standpoint. Motion by Bain for approval of the Recommended Draft of the Agricultural, Natural, and Cultural Resources
Element by the Plan Commission as the document that is forwarded for general public hearing and comments. Seconded by Dell’Antonia. Motion carried 9-0. OTHER BUSINESS Chairman Bettes
stated that probably the final look at the Land Use Chapter of the update to the Comprehensive Plan would be held on September 27, at 4 p.m. in room 404, Oshkosh City Hall. He urged
all Plan Commission members to attend. Mr. Burich addressed concerns of Plan Commission members regarding the recommendation given for the Conditional Use Permit at 644 N. Main Street,
by informing them that there would be no changes necessary because the conditions of approval are still in place. Mr. Simons questioned if the workshop for new members would be rescheduled.
Mr. Burich stated he was checking into meeting room availability to reschedule the workshop. Consensus was to have the workshop run in conjunction to a regularly scheduled Plan Commission
meeting. There being no further business, the meeting adjourned at approximately 5:23 p.m. (Dell’Antonia /Simons) Unanimous. Respectfully submitted, DARRYN L. BURICH Director of Planning
Services DLB/vlr