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HomeMy WebLinkAboutMinutes PLAN COMMISSION MINUTES JUNE 15, 2004 PRESENT: Bryan Bain, Steve Gehling, Cathy Scherer, Donald Simons, John Weinsheim, and Wm. (Lee) Bettes; Chairman EXCUSED: David Borsuk, Jon Dell’Antonia, Shirley Mattox, Kathleen Propp, and John Ruppenthal 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. Chairman Bettes welcomed Donald Simons to the Plan Commission. Mr. Simons introduced himself, and members of the Plan Commission and staff introduced themselves to Mr. Simons. The minutes of June 1, 2004 meeting were approved as mailed. (Scherer/Gehling) Unanimous. I: CONSENT AGENDA A: EXTRATERRITORIAL TWO LOT LAND DIVISION/CERTIFIED SURVEY MAP AT 1879 SNELL ROAD Frueh Consulting Services, petitioner, Kenneth and Mary Ann Walter, owners, are proposing an extraterritorial two-lot land division/certified survey map involving approximately 35 acres of land in the Town of Oshkosh. The subject property is currently part of a large farmstead and contains a dwelling and agricultural buildings. Lot 1, containing the dwelling, would be approximately 5 acres and Lot 2 approximately 30 acres. Mr. Burich introduced this item stating concerns about the authority the City has in securing an easement in an extraterritorial area, as staff is concerned about drainage issues in regard to the location of structures. He stated the petitioner has suggested amended language for condition number one to preserve the current drainage way. Chairman Bettes pulled the item off the Consent Agenda at this time. Discussion followed regarding Item A of the Consent Agenda. Mrs. Scherer questioned if the City had the authority to enforce language in the condition, but not an easement. Mr. Burich stated that he had some concerns about a City drainage easement in the extraterritorial area where no development was occurring. No development is proposed other than to separate the homestead from the farmland. Mr. Burich explained that the City will further review development in this area when future subdivisions are proposed and any on site development concerns related to drainage would be under the jurisdiction of the county. Mr. Burich also explained that a portion of the existing drainage area near the southwest end of the CSM is zoned as a surface drainage district, where nothing can be placed that would interfere with drainage. Plan Commission Minutes -2-June 15, 2004 Motion by Gehling for approval of an extraterritorial two-lot land division/CSM involving approximately 35 acres of land in the Town of Oshkosh subject to the following condition: 1) No improvements, fill or obstructions of any kind that would impede the flow of surface water, may be placed within 25 feet on either side of the centerline of the intermittent stream. All Common law rights of the owner to relocate the drainage way, with approval of the appropriate authorities, are reserved. Seconded by Simons. Motion carried 6-0. B: RELEASE OF SIDEWALK EASEMENT AT 87 MYRNA JANE DRIVE The Department of Community Development, petitioner, Constance Kowalske, owner, request the release of a sidewalk easement along 87 Myrna Jane Drive. The 5 foot wide easement is located along what had been the west property line that was situated along a street right-of-way recently vacated by the City to the property owner. The vacation action did not include the release of the sidewalk easement. C: ACCESS CONTROL VARIANCE TO ALLOW TWO DRIVEWAY APPROACHES ON AN ARTERIAL STREET AT 2772 OREGON STREET Dale Nelson, petitioner, Oshkosh Truck Credit Union, owner, request an access control variance for a new 4,100 square foot facility at the northeast corner of Oregon Street and W. 28th Avenue for two driveway approaches to Oregon Street. The driveway approaches will be for one way traffic movement with the southernmost approach being the entrance and the northernmost approach the exit. The entrance approach is single lane and 15 feet in width at the property line. The exit driveway is 24 feet in width at the property line and contains two lanes to allow for left or right turns from the site. The site plan indicates that a 5-foot wide sidewalk will be constructed in the driveway approaches. D: ACCEPT RIGHT-OF-WAY ALONG HARRISON STREET The Department of Public Works requests acceptance of right-of-way for former Wisconsin Railroad right-of-way property obtained by the City. The right-of-way is situated along Harrison Street generally between New York Avenue on the south and Murdock Avenue on the north. The right-ofway width varies depending on location. The existing Harrison Street right-of-way is substandard in various locations and the acceptance of the lands for right-of-way will ensure proper width for the street. Some areas to the north of the dedication will exceed 80 feet in width because this area will be used for a future large capacity storm sewer system. Motion by Scherer for approval of Items “B”, “C”, and “D” of the Consent Agenda with conditions for Item “C” as follows: Plan Commission Minutes -3-June 15, 2004 ITEM C: 1) The proposed ingress only/egress only circulation pattern is to be retained with no changes made to this configuration without prior approval by the Department of Community Development. 2) A five-foot wide sidewalk is to be installed along the subject property’s Oregon Street frontage. Sidewalk is to be installed by occupancy of the structure. Seconded by Bain. Motion carried 6-0. II: CONDITIONAL USE PERMIT FOR A MIXED USE DEVELOPMENT WITH UPPER FLOOR RESIDENTIAL UNITS: 913 OREGON STREET City Administration requests a conditional use permit (CUP) to allow a mixed-use conversion of the second floor of the former South Side Library to four residential units. The Common Council has authorized the sale of the property to Burns Development for adaptive reuse, which cannot proceed until a CUP is granted. Mr. Bain questioned if any conditions are in place relative to retaining the historic nature of the building. Mr. Burich stated the requests for proposals included retaining the façade of the structure. Motion by Weinsheim for approval of the Conditional Use Permit to allow a mixed-use conversion of the second floor of the former South Side Library, located at 913 Oregon Street, to four residential units. Seconded by Simons. Motion carried 6-0. III: ACQUISITION OF LAND FOR A SANITARY SEWER LIFT STATION ALONG WASHBURN STREET The Department of Public Works is requesting to acquire lands from McClone Downtown Development LLC for a sanitary sewer lift station for property generally located at the southwest corner of Washburn Street and McClone Drive. The approximately 16,000 square foot parcel of land is needed to provide sanitary sewer service to the undeveloped areas to the west of the subject parcel. Mr. Gehling questioned if that was the only site available in the area for a lift station, as it was in a commercial district and in a very visible location. David Patek, Director of Public Works, 215 Church Avenue, stated there is an existing lift station already on the property. He stated the City needs to expand the lift station to connect sanitary sewers to the west and south of the subject property. He stated the existing lift station is underground and it needs to be expanded to a point a building would be needed. Mr. Simons questioned if the Commission would be voting on the expansion of the lift station. Mr. Patek stated there is an easement on the property for the lift station, and the City needs to purchase land for the expansion of the lift station. Mr. Patek explained this is the first step needed to allow the City to talk with the property owner regarding purchase of this property. He stated next, the Common Council would have to determine if it was necessary, and if approved, the land issues would then be worked out with the property owner. Plan Commission Minutes -4 June 15, 2004 Motion by Scherer to approve the acquisition of land for a sanitary lift station for property generally located at the southwest corner of Washburn Street and McClone Drive. Seconded by Weinsheim. Motion carried 6-0. IV: ACQUISITION OF LAND FOR FERNAU AVENUE The Department of Public Works is requesting to acquire lands for Fernau Avenue that will establish an 80 foot wide right-of-way and is in keeping the with Official Map for this area. Two parcels of land are involved with one parcel (20’x125’) being part of the residence at 3159 Vinland Road, owned by Adam & Patricia Bory’s and the other parcel (20’x25’) being part of a 25 foot wide undeveloped outlot to the west of the aforementioned residence owned by James and Paul Sawicki, and the James and Carol Born Trust. Motion by Gehling for approval of the land acquisition for Fernau Avenue that will establish an 80 foot wide right-of-way. Seconded by Simons. Motion carried 6-0. V: CONDITIONAL USE PERMIT/DEVELOPMENT PLAN APPROVAL FOR A 3,200 SQUARE FOOT BUILDING AT PLANEVIEW DRIVE AND STH 26 Lee Applegate, petitioner, is proposing to construct an approximate 3,200 square foot retail building on what is now two parcels of land located near the intersection of Planeview Drive and STH 26 owned by James Tigert and Shirley Juedes. The one story building will be constructed with an EFIS/Stucco exterior finish and a metal roof system. A 20 space surface parking lot with two 40 foot wide driveway entrances is proposed. The property is zoned M-1PD. Mr. Simons questioned how the staff could ensure condition number 6 in the Staff Report would be met. Mr. Burich stated a drainage plan will be submitted in association with the building permit. Lee Applegate, Rissel Development, 54 Danberry Road, Ridgefield, CT, stated he was available to answer any questions the Plan Commission may have. Mrs. Scherer stated in the past there have been modifications made when the staff or commission has felt excessive parking spaces have been required. Mr. Burich stated that since there is no tenant secured for the property at this time it is hard to determine the parking needs so a base standard modification would not be recommended. He added that he would be open to allowing the petitioner to reserve the spaces on the site and delay their construction to a certain point in the future when they have more information about the parking situation. Mr. Applegate stated providing 12 more parking spaces as recommended in condition number 2 would be no problem, it was just overlooked on the site plan. Discussion followed on the number of parking spaces required for the property. Mr. Gehling questioned what signage would be used for the business and if it was intended to reach the Highway 41 traffic. Mr. Applegate stated a 60’ sign would be erected in the 41 corridor for the traffic along Highway 41 to recognize. Plan Commission Minutes -5-June 15, 2004 Mr. Bain questioned why two accesses to the property were requested. Mr. Applegate stated there is one access located on the far north side of the property and felt another access would make the property more convenient for potential customers, however, he realized the State wouldn’t allow two accesses in that area. Mr. Gehling questioned if a walkway was being considered along the Highway 41 Corridor in that area. Mr. Burich stated there is appropriate right-of-way in that location for a walkway in the future. Mr. Weinsheim questioned if there was a review process between staff and the petitioner. Mr. Burich stated the zoning ordinance did not require a review between the developer and staff, however, he did prefer to meet with the developer in the preliminary stages. Mr. Gehling questioned if the Highway 41 Corridor Overlay had a requirement for brick. Mr. Burich stated brick wasn’t going to be used in this case, instead an EFIS/stucco material was proposed. Motion Motion by Gehling for approval of a Conditional Use Permit /Development Plan Approval for a 3,200 square foot building at Planeview Drive and State Highway 26 to be found consistent with Section 30-11 (D) and 30-33 (E)(b) of the Zoning Ordinance and issued with the following conditions: 1) One 30-foot wide driveway approach is permitted. 2) An additional 12 parking spaces be provided on the site. 3) The existing driveway approach near the north property line is to be eliminated. 4) Additional windows or other architectural treatments are to be added to the north, south, and east building elevations. 5) Combine the two properties into one parcel. 6) Stormwater from the parking lot is prohibited from sheet draining to the public street. Seconded by Scherer. Motion carried 6-0. VI: CONDITIONAL USE PERMIT/DEVELOPMENT PLAN APPROVAL TO INSTALL A DRIVE-THRU COFFEE KIOSK: 2351 WESTOWNE AVENUE Mountain Mudd, petitioner, is requesting to install an approximately 64 square foot prefabricated drive-thru coffee kiosk in in the Menards parking lot. The proposed shop would be placed within required parking spaces in the northern edge of the parking lot near one of the main entrances to the store. The kiosk will have drive-up capabilities from two sides. The facility will not have a permanent foundation nor will it be connected to the sanitary sewer or water supply. Portable artificial landscaping is proposed with planters at the front two corners of the structure. The overall site is zoned C-2PD. Plan Commission Minutes -6-June 15, 2004 Mr. Gehling stated he has never seen a use such as this before, and questioned the structure having no permanent foundation, sewer or water supply. Mr. Burich stated the structure will be tied down, and there will be a gray water tank, and metered electricity. He stated they have gotten pre-approval through the Wisconsin Department of Agriculture for use of these structures. Mr. Gehling questioned if potable water will be brought in. Mark Konop, 251 E. Main Street, Omro, stated Steven’s Point has two of these kiosk’s located in town, one in Wausau, and four planned in Milwaukee. Mr. Konop stated a gray water 30-gallon holding tank is used and a SUV will deliver fresh water daily. Mr. Konop stated since their original proposal, they have made two modifications to the site. He passed out booklets for the Plan Commission members. He explained the site plan has been revised for improved traffic flow by relocating the kiosk over one row to follow the traffic circulation of the existing site. He also discussed the exterior colors that would be used to compliment the Menards Center. He stated the original application stated that a brick veneer would be used but the revised plan calls for white walls. Mr. Konop stated Mountain Mudd is located in Montana and has grown over the last 15 years, with most of their customers consisting of commuter traffic. He stated the object is to move customers in and out within one minute. Mr. Gehling questioned how the building was tied down. Mr. Konop stated generally the kiosks aren’t tied down. He stated they are rated to withstand 115 mile per hour winds, and the roof blows off at 90 miles per hour. Mr. Konop stated if it is required to tie down the kiosk there is a screw system that is used that mounts to the frame. He stated 1/8” steel tubing is used and the kiosk is constructed with aluminum siding with the overall weight of 7000 pounds. Mrs. Scherer questioned if they have considered another location for the business. Mr. Konop stated they have looked at other areas, however, he stated there wasn’t any business of this nature in the area. He stated they looked for a high traffic area with a surplus of parking spaces such as they found in the Menards parking lot. Mr. Weinsheim questioned if Mountain Mudd had talked with any of the other businesses in the area. Mr. Konop stated Menards had come forward and had the largest parking lot. Mr. Simons questioned if this would have a brick veneer, as he noted Mr. Konop has mentioned aluminum siding. Mr. Konop stated they preferred aluminum in this location to match the other buildings in the area. Mr. Simons questioned the number of employees and the hours of operation. Mr. Konop stated there would be two employees on site at one time, and they would be open from 6 a.m. to 6 p.m. Monday – Friday, 7 a.m. to 4 p.m. Saturday and Sunday, and from 7 a.m. to 1 p.m. on Holidays. Mrs. Scherer questioned if the staff had any other concerns with the facility, since the modifications have been made to the site. Mr. Burich stated they might have alleviated some issues regarding the flow of traffic, however, the scale of the facility in relationship to the Menards and adjacent buildings, and the stacking of vehicles are issues that are still a concern in that location, therefore, the department still recommends denial. Plan Commission Minutes -7-June 15, 2004 Mr. Weinsheim stated he is also concerned about the location of the facility. He stated at peak times the traffic backs up perpendicular to the proposed site, and traffic darts around the parking lot to get to the exits. He also stated the traffic backs up to make a left hand turn from the site and has determined there is too much traffic from the existing use. He stated he would not support this item with the kiosk in the proposed location. Mr. Gehling stated he supports the free market and stated a precedence has been set with trailers on site allowing service clubs to sell brats, etc. He stated the traffic would be an issue wherever they locate. He suggested a condition be added to review the business again in 2 years. Mrs. Scherer stated she likes the idea of that type of business, however, she is concerned about the traffic flow. She stated the “Jo To Go” facility is more of a substantial structure with a controlled traffic pattern and nice landscaping. She stated the traffic flow was the biggest concern for her. Mr. Bain stated he agreed with Mr. Gehling, however, he was concerned about the traffic flow. He stated he would be able to support it more if the kiosk was moved to the middle of the parking lot away from the exit of the parking lot, however, the parking spaces for the Menards site would need to be reviewed in that case to ensure compliance. Mr. Simons questioned if not for the appearance and scale of the kiosk, would there be any other place this would work out, from a traffic flow standpoint. He also questioned if the staff reviewed the parking lots or did some type of study once a business was up and running. Chairman Bettes stated he is a frequent customer at Menards and has never seen the parking lot full. He also stated that during winter snow is plowed towards the end of the rows near the drainage pond. Mr. Simons stated he has mixed feelings about this proposal. He stated he has concerns about the aesthetics, the size of the structure, and the location in the parking lot among other issues. Mr. Burich stated he had concerns about the size of the structure compared to the site, and the fact that this is basically a temporary structure. He stated the trailers that Mr. Gehling spoke of that are selling brats, etc. are temporary structures located near the front entrance to the site out of the parking lot. He also noted a modification had been given to Menards upon approval of their Conditional Use Permit to reduce the number of parking spaces. Mr. Gehling stated he understood concerns brought up by staff, however, he would like to find out if this was the next fast food trend. He stated he would like to see it approved at this time, with another review, which may require the owner to develop a more permanent site in the future if this is successful. Discussion followed regarding the proposed location of the kiosk and 2 sides needed for customers that wouldn’t be available if moved adjacent to a building. Mr. Weinsheim questioned if this location was something Menards wanted. Mr. Konop stated Menards and Mountain Mudd had both approved this location. Motion by Scherer to deny the request as it was not found to be consistent with Section 30-11 (D) and 30-33 (E)(b) of the Zoning Ordinance. Seconded by Simons. Plan Commission Minutes -8-June 15, 2004 Mr. Simons questioned if the petitioner would have the opportunity to modify this proposal and bring it before the Plan Commission again. Chairman Bettes stated the petitioner has 2 options, one being to take it as written to the Common Council, and another option would be to modify their proposal and submit again for approval. Mr. Weinsheim stated he agreed with the motion, however, he hoped the petitioner would take some time to look at ways to modify their proposal. He also stated he would like to see it located somewhere in the community. Motion carried 4-2 for denial. Nays: Bain and Gehling. Mr. Weinsheim was excused at this time. VII: RECOMMENDED DRAFT OF THE ECONOMIC DEVELOPMENT ELEMENT OF THE COMPREHENSIVE PLAN UPDATE – Department of Community Development The City is undertaking an update to the 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 introduced herself and informed the Commission and viewing public that the Winnebago County Comprehensive Plan was available for review at the County and City offices and on the City Web site. Ms. Bales reminded the Commission of the next meeting of the Comprehensive Plan Update Committee (CPUC) on June 28 at 4:00 in room 404 of Oshkosh City Hall. She requested members to bring along the Agriculture Chapter of the Comprehensive Plan for review. Ms. Bales reviewed the Economic Development Element of the plan noting the requirements, members of the Steering Committee and meetings held. Ms. Bales continued by referring to maps of the industrial and business parks and the survey that agreed the City should continue promotion of these parks. Ms. Bales also referred to the map of Economic Activity Zones that pinpoints the areas of employment. Chairman Bettes questioned where the public could obtain a copy of the plan. Ms. Bales stated it was on the City of Oshkosh Web Site at www.ci.oshkosh.wi.us by opening the Department Info Links and Clicking on the Community Development Department and Update to Comprehensive Plan, or by calling Ms. Bales at 236-5059, or by stopping by the Planning Services Division at City Hall, room 204. Discussion continued on the goals, objectives, and actions of the plan. Plan Commission Minutes -9-June 15, 2004 Mrs. Scherer questioned Goal A, and the action of creating a “brand” for the City to attract highquality and high-paying jobs. Ms. Bales explained the idea was to create a logo or “marking niche” that would lead to cluster development, businesses that thrive off of other businesses in the area. The objectives and actions of Goals “E” and “I” were discussed and the Commission asked to receive a copy of the “Strategic Market Analysis for the Oshkosh Convention Center” and Ms. Bales stated she would also send them a copy of the Downtown Action Plan. Goal “J” was discussed next as to the revision of the Zoning Ordinance. Mrs. Scherer questioned if the 5th paragraph on page 14 “Strengths and Weaknesses of Attracting and Retaining Business” was based on facts. Ms. Bales stated it could be more technical. Mr. Bain stated it would be beneficial to have something more concrete or perhaps a footnote. Mr. Simons questioned if the update to the Comprehensive Plan was the responsibility of the Dept. of Community Development and also questioned if it was on schedule. Ms. Bales stated it is the responsibility of the Department of Community Develop to coordinate the revision of the Comprehensive Plan. She stated the plan is usually updated every ten years, however, in 1999, when the “Smart Growth Law” went into effect by the State of Wisconsin, a requirement was made to have a Comprehensive Plan in place by January 1, 2010. Discussion turned again to page 14 paragraph 5, as to whether a statement such as this is needed, what affect it has on economic development and the balance of the statement. Ms. Bales stated it would still be reviewed by the public and Common Council before it is adopted. Mr. Simons made reference to the 4 elements that are in the final draft form and questioned if there are any new elements since the Plan was adopted in 1993, and if so are they required by the “Smart Growth Law”. Ms. Bales stated the Utilities and Community Facilities, and the Agricultural elements are new since 1993, and are required by the new law, and more can be added. Mr. Gehling complimented Ms. Bales on another excellent chapter; however, he referred back to Goal “I” as it related to other elements on page 25. He stated the economic development is tied into more that just the convention center, as the entire central city development, including the waterfront should be referenced. He stated he would like to see a stronger, more broader statement made. Discussion followed on the events that take place in Oshkosh that are not directly related to the Convention Center efforts. Mr. Gehling stated the “Objective: Develop a citywide strategy identifying the opportunities to be able to continue to draw special events to the city” should include ongoing recreational, tourism and business activity. Ms. Bales stated the Natural and Cultural Resources Element also includes the riverwalk. Mr. Bain stated there doesn’t seem to be anything in the statement to encourage and maintain the work force. Ms. Bales stated she would make sure language was added to the “Objective” to encourage and maintain a diverse employment base. Motion by Bain to recommend approval of this Draft of the Economic Element as the document that is forwarded for general public hearings and comments. Seconded by Simons. Motion carried 5-0. Plan Commission Minutes -10-June 15, 2004 OTHER BUSINESS Chairman Bettes asked Ms. Bales how the comp plan update is coming together, overall. Ms. Bales stated the update was coming along well. She stated the Agricultural element will be reviewed by the CPUC at the June 28th meeting, and in July and August the Land Use and Intergovernmental elements will be reviewed. She stated the Plan Commission would review all nine elements again after public hearings are held, with final adoption of the Comprehensive Plan approximately taking place in January of 2005. Discussion followed regarding taking a final look at all elements, with the adopted Comprehensive Plan being an important guide for the Department of Community Development, a vision for updating the Zoning Ordinance, and a reference available for the private sector. Mr. Burich stated the next Plan Commission meeting is scheduled for July 6th and questioned the Commission if a quorum would be possible. 4 out of 5 members present stated they would be available for the meeting. Chairman Bettes suggested holding a small workshop on Planned Developments (PD districts) for the benefit of the new Plan Commission members. There being no further business, the meeting adjourned at approximately 5:47 p.m. (Scherer/Simons) Unanimous. Respectfully submitted, DARRYN L. BURICH Director of Planning Services DLB/vlr