Loading...
HomeMy WebLinkAboutMinutes PLAN COMMISSION MINUTES JULY 20, 2004 PRESENT: Bryan Bain, David Borsuk, Kathleen Propp, Donald Simons, John Weinsheim and Wm. (Lee) Bettes; Chairman EXCUSED: Jon Dell’Antonia, Steven Gehling, Shirley Mattox, John Ruppenthal, and Cathy Scherer STAFF: Darryn Burich, Director of Planning Services; 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 July 6, 2004 meeting were approved as mailed. (Propp/Bain) Unanimous. I: CONSENT AGENDA A: TWO LOT LAND DIVISION/CERTIFIED SURVEY MAP AT 1721/1745 OHIO STREET AND ACCEPT EASEMENT FOR RIGHT OF WAY PURPOSES Faith Evangelical Lutheran Church is proposing a two-lot land division for a 2.33 acre parcel of land located at 1721/1745 Ohio Street. The property contains a church, daycare center, and a single family dwelling that was a parsonage for the church. The church is now proposing to separate the parsonage from the church and daycare center so it can be sold separately. The CSM also contains a 10-foot wide right-of-way easement that, similar to right-of-way dedications, must be approved for the easement to be valid. Lot 1, containing the parsonage, is proposed at approximately 36,219 square feet. Lot 2, containing the church and daycare center, is proposed at approximately 65,152 square feet. Ronald Leeman, Elder for Faith Evangelical Lutheran Church, stated he was available to answer any questions the Plan Commission may have. B: EXTRATERRITORIAL TWO LOT LAND DIVISION/CERTIFIED SURVEY MAP FOR PROPERTY LOCATED ADJACENT TO 707 OLD KNAPP ROAD IN THE TOWN OF NEKIMI Thomas and Jill Pollack, owners, are proposing a two-lot land division of an approximate 38-acre parcel of land located in the Town of Nekimi. The apparent purpose of the land division is to create an approximate 6-acre parcel of land as a future home site. There was no discussion on this item. C: PRIVILEGE IN RIGHT-OF-WAY FOR MONITORING WELL PLACEMENT IN THE SIDEWALK AT 101 COURT STREET. Wisconsin Public Service Corp. (WPS), petitioner, is requesting a monitoring well to be installed in the sidewalk at 101 Court Street in a continuing effort regarding environmental contamination associated with WPS’ old coal gasification site located at the corner of Ceape Avenue and Broad Street. Plan Commission Minutes -2-July 20, 2004 Mr. Bain questioned if the well would be located so it would not interfere with the Fire Department in case of an emergency. Mr. Burich stated the well would be flush mounted in the sidewalk. Motion by Weinsheim for approval of the consent agenda with conditions for Item “C” as follows: ITEM “C” 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 Simons. Motion carried 6-0. 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. Andre Biesinger, Expert Auto Tire, 915 S. Main Street, handed out a new proposal of the site after reading the recommendations as noted in the staff report. Plan Commission Minutes -3-July 20, 2004 Mr. Biesinger stated he is concerned with condition number 6 in the Staff Report which states no outside storage of parts, tires, or inoperable vehicles is allowed. He stated because a service facility has difficulty dealing with that condition, he has proposed to place a solid 6’ tall fence along the back of the lot to secure the parts and inoperable vehicles. Mr. Biesinger stated this also is a tire company where 150 tires are made every three weeks and old tires can only be picked up when there is a full semi-load. He stated old tires have been stacked up against the back wall for the last five years and once that area is full there is enough for a pick up, and he has proposed a fence for that area also. Mr. Biesinger stated they have designed a parking lot that meets the zoning ordinance with the required number of stalls and aisle width, and they have also made an offer to purchase the old Berger Sausage Company lot. Mr. Biesinger also stated he is concerned with condition number 3 in the Staff Report which requires him to combine the two lots. He explained he has purchased this property under land contract, which states he is not to change the use of the property, and he has asked permission of the owner to combine the two lots and they will not agree. Mr. Biesinger also commented on condition number 4 in the Staff Report stating the middle driveway is a straight access for vehicles onto shop equipment and it would be difficult for vehicles to align up with shop equipment without that access, therefore they would like to retain that driveway. He stated they have used that driveway for 25 years without any problems or accidents. Mr. Biesinger stated the new proposal meets all the codes with enough room for green space and fencing, and he is willing to take any measures to beautify the lot. He also stated they have a clean lot, do great work and are well liked in the community. Mrs. Propp questioned what the difference was between the two parking lot plans. Mr. Biesinger stated there is a safety issue with Burger King’s exit and cars that don’t want to wait will drive through their lot, over a one foot drop off, which is also a safety problem for cars and pedestrians on their lot. He stated cars need to be parked in that area or something placed there to eliminate Burger King’s customers looking for another way out. Mr. Simons questioned how many vehicles he would have for sale on the lot. Mr. Biesinger stated there would be 14 stalls available for sales and service and they usually have 4-5 cars in for service on any given day. Discussion of the parking lot ensued regarding the cars parked next to the sidewalk, the entrance to the service area involving the middle driveway, and the entrance and exit options for the parking lot. Mr. Borsuk stated he was initially uncomfortable with the proposal, and the new proposal poses too many unknown’s, therefore he would like to see this brought back so the Plan Commission can act on any revisions at that time. He also stated he didn’t see any proposals to beautify the site. Mr. Borsuk stated a sales and service facility is difficult to consider as infill property in the downtown area. He asked when an appropriate time would be to review and possibly update the zoning ordinance to give the Plan Commission more guidance in cases such as these. Mr. Burich stated this is an existing service facility and there would need to be standards for denial. He stated the current issue is whether to approve auto sales on this property. Plan Commission Minutes -4-July 20, 2004 Mr. Burich also stated perhaps they could look at the zoning ordinance for any revisions that may be necessary for a downtown overlay district. Mrs. Propp stated she would like to have the owner work out the parking plan with staff, as it appeared there were still to many cars parked on the lot. Motion by Propp to lay over the item until the next Plan Commission meeting. Seconded by Borsuk. Mr. Beisinger questioned if they couldn’t act on the original parking plan at this time, grant him permission to sell cars on the lot, and allow him to come back with a new parking plan, as it was important to him to keep his dealers license active and have auto sales on the lot. Mrs. Propp asked him if he would be able to operate as is until the next meeting. Chairman Bettes stated these issues need to be worked out before going before the Common Council. Motion carried 6-0. III: CONDITIONAL USE PERMIT/DEVELOPMENT PLAN APPROVAL TO PLACE ANTENNAS AT 736 ALGOMA BLVD (NELSON HALL) This item was laid over from the July 6th, 2004 Plan Commission meeting based on questions primarily related to placing the antennas on taller structures in the area. Faulk & Foster, petitioner for the University of Wisconsin – Oshkosh, owner, is requesting a conditional use permit/development plan approval to allow placement of communication antennas on the rooftop at 736 Algoma Boulevard (Nelson Hall). The purpose of the antennas is to provide wireless service to residents in the area that cannot be provided from the Arts and Communication building to the west. The University is zoned residential with a PD overlay district that permits commercial antennas only through the conditional use/development plan approval process and a base standard modification to the Zoning Ordinance. Mr. Burich introduced the item noting that the new proposal did not include shelters for the antennas nor would the service equipment be placed on the roof per previous plans. Mr. Burich stated that he thought the shelters would create more scale and mass issues versus just allowing the antennas without screening. Mr. Burich also noted a letter was submitted to him immediately before the meeting (on file in the Planning Services Division) which addressed the Commission’s concerns about locating the antennas on a taller structure. The letter stated that although higher is better for coverage needs, lower is better for capacity needs, with capacity being the major concern at this time. Mr. Burich stated the letter explains that the capacity issue could be resolved by locating antennas on a lower rooftop location on campus where the signal will not overlap with other downtown locations where ALLTEL has placed antennas. David Marvin, Representative from Faulk & Foster stated he was available to answer any questions the Plan Commission may have. Plan Commission Minutes -5-July 20, 2004 Mr. Borsuk questioned why the letter from ALLTEL indicates cellular equipment to be located on the building rooftop at Dempsey Hall, 800 Algoma Boulevard. Tom Sonnleitner, 800 Algoma Boulevard, stated all official correspondence and contracts are made with the University’s mailing address of 800 Algoma Boulevard. Mrs. Propp questioned if the University was still considering where to located the equipment. Mr. Sonnleitner stated the equipment would be located in the basement of Nelson Hall with the antennas placed on the roof, uncovered. Bain stated he would be voting present as he was a University of Wisconsin – Oshkosh employee. Motion by Propp for approval of the conditional use permit/development plan to allow placement of communication antennas on the rooftop at 736 Algoma Boulevard (Nelson Hall) found to be consistent with Section 30-11 (D) and 30-33 (E) of the Zoning Ordinance subject to the following conditions: 1) Service equipment for the antennas is prohibited from locating on the roof. 2) A base standard modification is granted per Section 30-35 (J) (4) of the Zoning Ordinance to allow antenna placement in a residential zoning district. 3) Antennas are to be removed when no longer used to provide wireless service. Seconded by Borsuk. Motion carried 5-1P. Bain voting present. OTHER BUSINESS Mr. Borsuk stated the Oshkosh Area School District is interested in becoming more involved with the update to the Comprehensive Plan. He stated he has had a discussion with School Board President Mr. McDermott and has given his mailing address to Ms. Bales for sending out meeting notices. Mr. Burich stated he has talked with the Superintendent several times regarding the future growth of Oshkosh and even though they don’t have an adopted plan at this time they are aware of the residential growth in the community and the school’s future facility growth needs. Chairman Bettes stated there would be a Comprehensive Plan meeting to discuss the Intergovernmental Element of the Comprehensive Plan on Thursday, July 22nd at 6:30 p.m. and invited the Plan Commission and general public to attend. Chairman Bettes also invited the Plan Commission and general public to attend the Comprehensive Plan Update Committee meeting on Monday July 26th. Chairman Bettes questioned if Mr. McDermott was aware of the Monday meeting. Mr. Burich stated he would check with Ms. Bales to make sure Mr. McDermott and the Oshkosh Area School District were aware of the meetings involving the update to the Comprehensive Plan. Plan Commission Minutes -6-July 20, 2004 Chairman Bettes also informed the Plan Commission that he has had a discussion with Mr. Burich in regard to holding a small workshop for members of the Plan Commission, especially since there are so many new members, to get a deeper understanding of the Oshkosh Zoning Ordinance and Planned Development areas. Mr. Burich stated there has been a document prepared on Planned Development areas in Oshkosh that he would replicate for use as the basis of the workshop. He also encouraged the Plan Commission members to call him with questions at anytime. There being no further business, the meeting adjourned at approximately 4:50 p.m. (Simons/Borsuk) Unanimous. Respectfully submitted, DARRYN L. BURICH Director of Planning Services DLB/vlr