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HomeMy WebLinkAboutMinutes PLAN COMMISSION MINUTES JULY 1, 2003 PRESENT: David Borsuk, Jon Dell’Antonia, Steven Gehling, Jack Heinemann, Shirley Mattox, Kathleen Propp, Achim Reschenberg, John Ruppenthal and Lee Bettes, Vice Chairman EXCUSED: Donald Pressley STAFF: Darryn Burich, Principal Planner, and Vickie Rand, Recording Secretary The meeting was called to order by Vice Chairman Bettes. Roll call was taken and a quorum declared present. The minutes of June 17, 2003 were approved as mailed (Propp/Reschenberg). Unanimous. I: CONSENT AGENDA: A: TWO LOT LAND DIVISION/CERTIFIED SURVEY MAP AT THE CORNER OF LINDEN OAKS DRIVE AND 9TH AVENUE: R.A. Smith & Associates, petitioner for Robert Schneider, owner, requests Plan Commission approval of a two lot land division for property located at the southwest corner of 9th Avenue and Linden Oaks Drive. The 36,604 square foot property is undeveloped and zoned R-1 Single Family Residence District. Dave Schroeder, representative from R.A. Smith, petitioner, 2850 Universal St., stated he was available to answer any questions. Motion by Ruppenthal for approval of a two lot Land Division/Certified Survey Map for property located at the southwest corner of 9th Avenue and Linden Oaks Drive subject to the following conditions: 1) Dedication of an additional seven (7) feet of land along the north property line of proposed Lot 1 for right-of-way purposes. 2) Prohibit direct access from proposed Lot 1 to 9th Avenue and record on the face of the certified survey map. Seconded by Gehling. Motion carried 8-0. Plan Commission Minutes 2 July 1, 2003 B: EXTRATERRITORIAL PRELIMINARY PLAT FOR THE BARONY Radtke Contractors, Inc., petitioner for Barony LLP, owner, requests Plan Commission approval of an extraterritorial preliminary plat for the Barony subdivision for property located within the Town of Omro generally located north of State Road 21 and west of Sand Pit road. This item was withdrawn by staff at the request of the petitioner. II: FINAL PLAT – FIRST ADDITION TO QUAIL RUN FARM SUBDIVISION: R.A. Smith and Associates, petitioner for Alexander & Bishop Ltd., owner, requests the Plan Commission to review and approve a final plat known as the First Addition to Quail Run Farm Subdivision for property generally located north of 9th Avenue and to the north and west of Quail Run Drive. The 14.8 acre subject property is zoned R-1 Single Family Residence. Mr. Burich introduced the item with a Power Point presentation, and handed out additional conditions for the Final Plat. Mr. Dell’Antonia arrived at this time. Mr. Borsuk asked if consideration should be given to requiring a street connection to the north that would eventually link with Witzel Avenue. Mr. Burich stated the Plan Commission had approved a Preliminary Plat which showed two points of ingress and egress on 9th Avenue and no street connection to the north, which the owner has followed through with design and engineering work relative to that approved plat and staff wouldn’t recommend a change at this time. Mr. Reschenberg questioned if a 60 foot radius for a temporary turn around easement shouldn’t be considered rather than a 55 foot radius. Mr. Burich stated he would verify the radius with the Department of Public Works. Mr. Gehling questioned condition number one in regards to the developer being responsible for all capital improvement costs incurred not budgeted by the City in terms of the current State Budget crisis. Mr. Burich stated the condition could be revised to read “The developer be responsible for all capital improvement costs incurred by this development not required by the City of Oshkosh Subdivision Regulations.” Motion by Ruppenthal for approval of the Final Plat known as the First Addition to Quail Run Farm Subdivision for property generally located north of 9th Avenue and to the north and west of Quail Run Drive with the conditions as follows: 1) The developer be responsible for all capital improvement costs incurred by this development not required by the City of Oshkosh Subdivision Regulations. 2) 15 feet in width within Outlot 3 be recorded as a public pedestrian trail easement with the 15’ wide easement continuing north along the west property line of Lot 29 be recorded on the face of the Final Plat location of the 15 foot wide easement in Outlot 3 to be determined by the Department of Community Development. Plan Commission Minutes 3 July 1, 2003 3) Any additional easements be created at the request of the Department of Public Works and approved by the Department prior to the City’s signing of the Final Plat and the plat being recorded with the Register of Deeds. 4) At a minimum and to be placed as a covenant on the face of the final plat, language specifying the parties responsible for perpetual maintenance of Outlots 1 and 2 or any other form of agreement to assure maintenance of said outlots by the developer and/or future owners within the plat. Seconded by Reschenberg. Motion carried 9-0. III: CONDITIONAL USE PERMIT FOR AN AUTOMOTIVE SALES AND SERVICE FACILITY AT 2249 OMRO ROAD Tod Schmick, Turn Key Auto Sales, petitioner for Darryl Felker, owner, requests the Plan Commission to review and approve a conditional use permit (CUP) for an automotive sales and service facility for property generally located at 2249 Omro Road. The subject properties are part of the Felker Annexation and have a temporary and permanent zoning of C-2 General Commercial District that only allows auto sales and service through CUP. Mr. Gehling asked Mr. Burich to review the Felker Annexation. Mr. Burich explained the annexation boundaries as it related to the Conditional Use Permit requested for the property. Mr. Borsuk questioned the requirement for the petitioner to meet the minimum Ordinance Standards for landscaping. Discussion continued regarding the area being a gateway to the city, with examples of sites in the Westowne area where the Plan Commission required additional landscaping or architectural enhancements, and that as part of the CUP review process the Plan Commission may consider these types of issues. Mr. Borsuk stated he would like a condition added for a landscape plan to be submitted to and approved by the Department of Community Development requiring the placement of an enhanced level of landscaping with priority in the Highway 21 corridor. Tod Schmick, 4895 Rushford Avenue, Omro, stated he understands the Plan Commission’s concerns, and explained that he had a rough sketch of the building which he felt was of an upper scale quality and would be designed to face Highway 21, but would look nice from any angle. He stated 50 feet needs to be developed for drainage and noted the lot on the corner of Hwy. 21 and Sandpit Road would be used for very temporary storage of vehicles taken in on a trade or related auto parts. He stated he would not favor larger trees on the site because of the extra effort needed to keep the lot and cars free of tree and bird debris. Vice Chairman Bettes questioned if he would accept a condition to work with the City of Oshkosh for a more intense landscape plan as a reasonable solution to this issue. Mr. Schmick stated he would be willing to work with the City on a landscape plan that wouldn’t pose a financial burden. Motion by Borsuk for approval of a Conditional Use Permit for an automobile sales and service facility for property generally located at 2249 Omro Road, found to be consistent with Standards set forth in Section 30-11 (D) of the Zoning Ordinance subject to the following conditions: 1) No outside storage of inventory, materials, auto parts, or junked vehicles. Plan Commission Minutes 4 July 1, 2003 2) Subject properties be combined into one lot. 3) One parking space be provided for each employee at the site and four spaces per service or wash bay with said spaces exclusive of those provided for vehicle display. 4) A landscape plan to be submitted to and approved by the Department of Community Development for enhanced levels of landscaping to be placed with emphasis on the Highway 21 corridor. Seconded by Gehling. Motion carried 9-0. IV: CONDITIONAL USE PERMIT FOR AN AUTOMOTIVE SALES AND SERVICE FACILITY AT 910 W. MURDOCK AVENUE West Murdock Auto Sales LLC, petitioner for Dave Heather Properties, owner requests the Plan Commission to review and approve a conditional use permit (CUP) for an automotive sales and service facility for property located at 910 W. Murdock Avenue. The developed 2.45 acre subject property is zoned C-2 General Commercial District, which allows auto sales and service only through CUP. The petitioner is proposing to re-establish a use on the already developed property with no significant changes proposed on the site itself. Mr. Heinemann questioned condition number 3 in the Staff Report as to what mechanism the City used to bring landscaping into compliance. Mr. Burich explained an ordinance provision requires proper landscaping and maintenance, and allows City Administration to send out compliance orders for such violations. Mr. Dell’Antonia questioned if landscape beds were required. Mr. Burich stated landscape beds are not required but are used more frequently because they are easier to maintain. Discussion followed regarding the amount of blacktop on the site, and the need for a more intense level of landscaping. Motion by Borsuk for approval of the Conditional Use Permit for an automotive sales and service facility for property located at 910 W. Murdock Avenue, found to be consistent with Standards set forth in Section 30-11 (D) of the Zoning Ordinance subject to the following conditions: 1) No outside storage of inventory, materials, auto parts, or junked vehicles. 2) One parking space be provided for each employee at the site and four spaces per service or wash bay with said spaces exclusive of those provided for vehicle display. 3) Landscaping to be brought into compliance with the approved landscape plan and all weeds removed from planting beds prior to occupancy or use of the site for automobile sales and service. 4) Revised Landscape Plan to be submitted and approved by the Department of Community Development that includes placement of an enhanced level of landscaping with the use of planting beds. Seconded by Mattox. Motion carried 9-0. Plan Commission Minutes 5 July 1, 2003 V: CONDITIONAL USE PERMIT TO ALLOW AN ARTS CENTER AT 101 W. 10TH AVENUE: The Rebel Alliance Theatre, petitioner for the Apostolic Gospel Church, owner, requests Plan Commission review and approval of a conditional use permit (CUP) to allow an art center operation at 101 W. 10th Avenue. The 10,000 square foot subject property contains an older church building and is zoned R-2 Two Family Residence District, which district allows art centers through CUP. The Apostolic Gospel Church currently provides Wednesday services at the site. Mr. Burich introduced the item and stated a call had been received by the property owner at 50 W. 10th Avenue in support of the proposed use. Ms. Mattox questioned where the trash enclosure would be located. Kelly Duhatschek, 2816 Fond du Lac Road, stated the shed in the rear of the property would be used to store the garbage with weekly trips to the landfill. Mr. Ruppenthal questioned if the Rebel Alliance Theater had received any comments from the neighbors. Marty Duhatschek, 2816 Fond du Lac Road, stated they had not received any comments from the neighbors. Mr. Dell’Antonia asked what would become of the church. Mr. Duhatschek stated the church would be relocating to a new site, and that services were already being held at a new location. Mr. Heinemann questioned if the Rebel Alliance Theater was planning to purchase the property. Mr. Duhatschek stated the Rebel Alliance Theater intended to purchase the property. Mr. Ruppenthal questioned if the adjacent property owners had been notified. Mr. Burich pointed out on the map as displayed, the parcels that had received meeting notices from the City of Oshkosh regarding this request. Ms. Mattox stated this appeared to be a wonderful place on the south side for youth to get involved in the theater. Mr. Dell’Antonia stated it was an interesting re-use of the property and a great opportunity for youth in the community. Motion by Mattox for approval of a Conditional Use Permit to allow an art center operation at 101 W. 10th Avenue, found to be consistent with standards set forth in Section 30-11 (D) of the Zoning Ordinance. Seconded by Ruppenthal. Motion carried 9-0. VI. ELECTION OF OFFICERS Mr. Burich stated that Don Krueger had been elected to a 2-year term as Chairman of the Plan Commission beginning in October of 2002. He stated the Plan Commission members could elect a chairman to fill the unexpired term of Don Krueger as Chairman or elect a new Chairman for a 2 year term with a start date of July 15, 2003. Motion by Dell’Antonia to nominated Mr. Bettes as Chairman to fill the unexpired term of Don Krueger which will run through October 1, 2004. Seconded by Ruppenthal. Motion carried 8-0-1. Bettes voting present. Plan Commission Minutes 6 July 1, 2003 Motion by Ruppenthal to nominate Kathy Propp as Vice Chairman. Mrs. Propp declined the nomination due to her status as an alternate member. Discussion followed regarding the vacancy on the board, and Mrs. Propp’s status to change with future appointments. It was the consensus of the members to wait until current vacancies were filled before electing a Vice Chairman. NEW BUSINESS 􀁸 Vice Chairman Bettes noted the City Council has a 5-minute restriction for the general public to make their comments on agenda items, with the right to permit longer periods of comment. He stated he has had a discussion with staff relative to the issue with the City Attorney, who has determined the Plan Commission could establish a 5 minute rule for public comment. Discussion followed regarding the number of times the length of public comment has been a problem, if having a 5 minute rule would be a way to handle larger audiences, if the rule would apply to the petitioners/owners as well as the general public, whether it should be announced at the beginning of each meeting, or if the Plan Commission should monitor the public comment for a time before making it a rule. Vice Chairman Bettes asked for a show of hands in support of the 5-minute rule for public comment. The consensus was for a 5-minute rule, having the rule be more defined, with the Chairman to have the ability to limit or extend public comment as deemed necessary. Mr. Burich stated staff would tentatively place the matter on an upcoming Plan Commission meeting for discussion and action. OTHER BUSINESS 􀁸 Mr. Borsuk questioned if the Plan Commission would be able to amend the Zoning Ordinance in regards to landscaping issues before the Comprehensive Plan Update was completed. Mr. Burich stated amendments to the Zoning Ordinance could be made at any time, as they are now looking at the Recreational Vehicle and Equipment Parking and Storage regulations, and a revision to the Subdivision Ordinance would also be on the agenda soon. Mr. Borsuk stated the Plan Commission should look at landscaping regulations, especially with new corridors being developed as gateways to the Community. Mr. Dell’Antonia stated he would like to see a sight triangle included in the landscape ordinance in which no plantings would be allowed. There being no further business, the meeting adjourned at 5:21 p.m. (Dell’Antonia/Reschenberg) Unanimous. Respectfully submitted, DARRYN L. BURICH Principal Planner DLB/vlr