HomeMy WebLinkAboutMinutes
PLAN COMMISSION MINUTES AUGUST 3, 2004 PRESENT: Bryan Bain, David Borsuk, Jon Dell’Antonia, Cathy Scherer, Donald Simons, and Kathleen Propp; Vice Chairman EXCUSED: Lee Bettes, Steven
Gehling, Shirley Mattox, and John Weinsheim STAFF: Darryn Burich, Director of Planning Services; and Vickie Rand, Recording Secretary The meeting was called to order at 4:00 p.m. by
Vice Chairman Propp. Roll call was taken and a quorum declared present. The minutes of the July 20, 2004 meeting were approved as mailed. (Propp/Bain) Unanimous. I: CONSENT AGENDA A:
TWO LOT LAND DIVISION/CERTIFIED SURVEY MAP ALONG CTY. ROAD A William Frueh, petitioner for Donald and Delores Robinson, owners, request approval of a two lot land division for a parcel
of land located in the 3300 block of County Road A. The undeveloped subject property is approximately 16,932 square feet in area and is zoned R-2 Two Family Residence District. Mr. Burich
introduced the item and recommended additional and modified conditions because of a deed restriction restriction on the property restricting it to one single family home on each lot.
Mr. Bain questioned how the City determines whether money is paid or land dedicated for parkland purposes. Mr. Burich stated that it is really determined by needs in a specific area
and how those needs relate to the land division in question. Mr. Dell’Antonia questioned the amount of fees paid. Mr. Burich explained half of the fees are paid at the time of approval
and the other half is paid at the time of permit issuance. Motion by Dell’Antonia for approval of a two lot land division for a parcel of land located in the 3300 block of County Road
“A” subject to the following conditions: 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 two family parcel. 2) A note shall be placed on the CSM requiring an additional $130 parkland dedication lot fee should Lots 1 or 2 be used for a two family dwelling
unit with said fee payable at time of building permit issuance. The fee is applicable to the first two family dwelling unit constructed on either of the two lots. Seconded by Borsuk.
Motion carried 6-0.
Plan Commission Minutes -2-August 3, 2004 II: CONDITIONAL USE PERMIT TO ALLOW AUTOMOBILE SALES AT 640 N. MAIN STREET Andre Biesinger, petitioner/owner, requests a conditional use permit
for automobile sales at 640 N. Main Street and on the adjacent lot to the south under the same ownership. The properties are currently used by the owner as an automobile service facility
and the owner now wishes to sell vehicles on the property, which requires the conditional use permit. Mr. Dell’Antonia questioned what would take place when the conditional use permit
(CUP) expires in two years. Mr. Burich stated the CUP would be reviewed prior to that time to determine if a permanent CUP should be permitted. Mr. Dell’Antonia also questioned if vehicles
pertained to trucks, motorcycles, boats, and recreational vehicles (RV’s), etc. Mr. Burich stated boats and RV’s etc. are considered vehicles, therefore could be allowed for sale and
required to be parked in designated parking spaces. Mr. Borsuk questioned if the parking lot was required to have a hard surface or if landscaping was required for the site. Mr. Burich
stated they would need to follow ordinance requirements, however, not much landscaping was required in a C-3 Central Commercial District for parking lots. Mr. Borsuk also questioned
if this permit had to be issued, seeing that it was only allowed by a CUP. Mr. Burich stated if the Plan Commission feels this use would violate the Standards of the Zoning Ordinance
it could be denied. Discussion followed regarding the standards and the screening for the site. Mr. Burich stated a condition could be made regarding what types of vehicles or the number
of vehicles that could be for sale on the site. Mr. Burich invited Mr. Tucker to interpret the zoning ordinance in terms of the type of vehicles permitted for sale. Mr. Tucker, Associate
Planner, City of Oshkosh, 215 Church Avenue, stated vehicles pertains to automobiles, trucks, motorcycles, boats, and recreational vehicles which need to be parked within designated
parking spaces. He also noted that dealers licenses issued by the Department of Transportation also include these vehicles. Mr. Bain stated he didn’t see a requirement in this Staff
Report to combine the properties. Mr. Burich stated after further review, they didn’t feel that would be necessary for the southern lot. Mr. Bain also questioned the requirements of
the parking lot if an additional lot wasn’t acquired. Mr. Burich stated he would still need to meet the required number of parking spaces per the zoning ordinance. Mr. Simons questioned
if the site included one lot or two lots to the north, and if adjacent property owners were notified. Mr. Burich stated two lots to the north were included in the site and all adjacent
and abutting property owners have been notified of the meeting. Andre Biesinger, 915 South Main Street, thanked Mr. Burich and Mr. Tucker for their willingness to work with him and for
the reinforced pride he has in the City as a result of this process. He stated they have worked out the parking and storage area and the screening of a solid 6’ tall wood fence for any
storage. He stated he has talked to the neighbors regarding the fencing and feels everyone will be happy with the outcome.
Plan Commission Minutes -3-August 3, 2004 Mr. Biesinger stated he has made an offer to purchase the two properties to the north of 640 N. Main Street, which is contingent upon the approval
of the conditional use permit. He stated he feels this proposal would be a great addition to the area. Mr. Dell’Antonia questioned Mr. Biesinger if he planned to sell boats or RV’s on
the lot. Mr. Biesinger stated he didn’t plan on selling RV’s, but did plan on having boats for sale on the lot if they could fit into a designated parking space. Mr. Borsuk questioned
the size of a standard parking stall. Mr. Burich stated a standard parking stall is 9’ x 18’. Mrs. Propp questioned the driveway close to the Berger Sausage Company property. Mr. Biesinger
stated the driveway is paved and there is also a grass area next to the driveway. Mr. Burich questioned how many boats would be for sale at any given time. Mr. Biesinger stated he couldn’t
foresee having more than one boat for sale at a time. Mr. Burich asked Mr. Biesinger if if he would agree to a condition that would limit the number of boats he would have for sale on
the lot at one time. Mr. Biesinger stated he could agree with a limit of two boats on the lot. Mr. Bain questioned if he had any problem combining the parcels to the north of 640 N.
Main Street. Mr. Biesinger stated there would be no problem combining those lots. Mrs. Scherer questioned how they would close the south entrance at 640 N. Main Street. Mr. Biesinger
stated the City has proposed to put in a curb. Mr. Burich stated Mr. Biesinger is responsible for the elimination of the driveway in accordance with the requirements of the Department
of Public Works within 120 days of the CUP approval. Mrs. Scherer also questioned if the title of the CUP should be changed to automobile and boat sales and if a condition needed to
be added regarding the number of boats allowed on the property. Mr. Burich stated the primary use of the property is to sell automobiles and that items such as a boat, motorcycle, etc.
could be considered incidental until such time as they would constitute a larger percentage of vehicle display on the site. He also noted he wasn’t opposed to a condition being made
in regard to the number of boats for sale on the property. Mr. Dell’Antonia stated he would like to add condition 12 to limit the number of boats for sale on the property at any given
time to two. Mr. Borsuk stated at the last meeting he was uncomfortable with this proposal and was less uncomfortable now, however, he questioned if this was good long term planning,
especially with a two-year option to renew the CUP if everything goes well. He stated every inch of the space is being used with very little landscaping on the site. Mr. Simons questioned
if the existing use would stay if this proposal would be denied. Mr. Borsuk stated the existing use would stay.
Plan Commission Minutes -4-August 3, 2004 Mr. Simons questioned how the City would monitor the site for proper development. Mr. Burich stated the site is in a very visible location and
would be enforced by City staff. Mr. Bain stated he would be voting in favor of the proposal since the applicant has worked in good faith with the City to get all concerns in compliance
with the City Zoning Ordinance. Mrs. Scherer stated she agrees with Mr. Bain and noted this is a permitted conditional use according to the Zoning Ordinance. She stated she would like
to see more landscaping but feels Mr. Biesinger is doing what he can to clean up the site. Motion by Scherer for approval of a conditional use permit for automobile sales on four separate
parcels along North Main Street. Approval includes the structure at 640 N. Main Street and on the adjacent lot to the south of the structure and on the two lots to the north of the structure
as found to be consistent with Section 30-11 (D) of the Zoning Ordinance, subject to the the following conditions: 1) The conditional use permit be valid for a period of two years from
its date of approval by the Common Council. 2) Parking or temporary vehicle storage is prohibited outside designated parking spaces. 3) The southernmost driveway approach on the 640
N. Main Street property is to be eliminated in accordance with the requirements of the Department of Public Works. Driveway approach is to be eliminated within 120 days of CUP approval.
4) Parking of vehicles for service or sales related uses are prohibited from utilizing the public street. 5) Outside storage of parts, tires, fluids, and other automobile service related
items shall be placed within the designated enclosure area only. 6) Storage of junked vehicles and vehicles not in an active state of repair is prohibited. 7) Final landscaping and fencing
is to be approved by Planning Services. 8) The two vacant lots to the north shall be combined to a single lot before a building permit is issued for parking lot construction. 9) Vehicles
parked in designated parking areas shall be in an active state of repair and shall not be placed on vehicle supports such as jacks, stands, or blocks. 10) Servicing of vehicles is prohibited
in areas outside of service bays within the principal structure. 11) Vehicles displayed for sale shall be immediately operable on the public street with required registration and title.
12) Not more than two boats for sale shall be allowed on the premises at any one time. Seconded by Simons. Motion carried 5-1. Nay: Borsuk.
Plan Commission Minutes -5-August 3, 2004 III: ZONE CHANGE AND ACCESS CONTROL VARIANCE AT 3550 MOSER ST. C.R. Meyer and Banner Packaging, Inc., petitioners for Fernau Revocable Trust,
owner, request a zone change to M-3 General Industrial District from A-1 Light Agricultural District. The purpose of the zone change is to allow for an approximate 200,000 square foot
expansion of Banner’s existing manufacturing facility. Also requested is an Access Control Variance to allow a third driveway approach to Moser Street (two are permitted per property).
Mrs. Propp questioned if Banner Packaging owned the property at 3550 Moser Street. Tim Carlson, representative from C.R. Meyer, 895 W. 20th Avenue, stated that Banner Packaging owns
the north portion of the property and leases the other portion from the Fernau Revocable Trust and has an offer to purchase the property where the new addition is proposed. Mr. Carlson
questioned if the middle driveway would remain. Mr. Burich explained that the Department of Public Works has recommended for that driveway to be removed since a new driveway was being
added. However, looking at it from a traffic control standpoint with further review from the Department of Transportation, there doesn’t appear to be any need to close the driveway and
staff has recommended approval for the Access Control Variance for an additional driveway. Mrs. Scherer questioned the recommendation by the Department of Public Works and the purpose
of the access control to reduce conflict points that may compromise the ability of the street to efficiently carry traffic. Mr. Burich stated the recommendation from the Department of
Public Works is purely from an engineering standpoint. He explained that since Moser is a local service road carrying traffic from industries in the area, an additional driveway would
not seem to compromise the ability of this street to carry traffic effectively. He added that the new driveway would primarily be for truck traffic only and the other driveways primarily
serve employee traffic. Motion by Bain to approve a zone change to M-3 General Industrial District from A-1 Light Agricultural District and for approval of the Access Control Variance
to allow a third driveway approach to Moser Street. Seconded by Dell’Antonia. Motion carried 6-0. IV: STREET NAME CHANGE – SURGERY CENTER DRIVE TO SHELTER COURT The Oshkosh Area Humane
Society is requesting a street name change to Shelter Court from Surgery Center Drive. The Humane Society will be relocating to this street and would like an address that is more representative
of its overall organizational mission and has identified Shelter Court as an appropriate street name. Mr. Dell’Antonia questioned if emergency services has approved the name change with
Doctor’s Court surrounding the area. Mr. Burich stated he has discussed the request with emergency services and they have found no problems with the name change. He noted the advanced
technology in place to locate properties more efficiently for faster response to emergencies.
Plan Commission Minutes -6-August 3, 2004 Mrs. Scherer questioned what the standards of the City Zoning Ordinance were for review of street name changes. Mr. Burich stated they need
to look at any conflict the name may have with existing City or County streets. Motion by Borsuk for approval of the street name change to Shelter Court from Surgery Center Drive. Seconded
by Simons. Motion carried 6-0. OTHER BUSINESS Mr. Borsuk questioned if staff has approved a landscape plan for the new automobile dealership on State Highway 21 on the north side of
the highway near Walgreen’s. Mr. Burich stated a landscape plan has been approved. Mr. Simons made reference to an article in the Oshkosh Northwestern following the last Plan Commission
meeting in regard to the antennas placed on Nelson Hall in the University area and also questioned the procedure followed in notifying neighbors. Mr. Burich stated adjacent and abutting
property owners are notified of the meeting and they have the opportunity to attend the Plan Commission meeting and Common Council meeting to voice their concerns. There being no further
business, the meeting adjourned at approximately 4:52 p.m. (Dell’Antonia/Simons) Unanimous. Respectfully submitted, DARRYN L. BURICH Director of Planning Services DLB/vlr