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PLAN COMMISSION MINUTES JUNE 3, 2003 PRESENT: Lee Bettes, Lurton Blassingame, David Borsuk, Steven Gehling, Jack Heinemann, Shirley Mattox, Donald Pressley, Kathleen Propp, Achim Reschenberg,
John Ruppenthal and Donald Krueger, Chairman STAFF: Darryn Burich, Principal Planner, Jackson Kinney, Director of Community Development, and Vickie Rand, Recording Secretary The meeting
was called to order by Chairman Krueger. Roll call was taken and a quorum declared present. The minutes of May 20, 2003 were approved as mailed (Blassingame/Borsuk). Unanimous. I: CONDITIONAL
USE PERMIT FOR A PARKING LOT GENERALLY LOCATED IN THE 800 BLOCK OF SCOTT STREET SEH, Inc. petitioner, for the Board of Regents, University of Wisconsin, owner, requests the Plan Commission
to review and approve of a Conditional Use Permit (CUP) to allow for a parking lot generally located in the 800 block of Scott Street. The proposed parking lot is comprised of three
university owned parcels encompassing approximately 22,000 square feet and contains an existing gravel parking lot for which a CUP was not previously issued. The subject properties are
zoned R-5 Multiple Dwelling District in which parking lots are allowed only through CUP. Ray Mueller, Hilbert, WI, owner of 821 Woodland Avenue, stated he and his wife Joann were in
favor of the proposal, however, they were worried about drainage since water in their back yard at times is ankle deep. He stated he is pleased to see the shallow basin for storm water
infiltration on the northeast side of the lot per the site plan, as long as there is no stagnant water that may have a negative affect on his property. Mr. Mueller also stated he has
witnessed pedestrian traffic through his lot and the proposed parking lot. He stated he would like to see a walkway designed through that area to eliminate damage of property, such as
flowers, and shrubs. He stated he makes upgrades to his property as needed to provide quality student housing, and doesn’t want this design to have a negative impact on his property.
Mr. Gehling questioned the pedestrian traffic in the area. Discussion followed regarding past pedestrian traffic patterns. Mr. Gehling stated he would discourage a walkway because of
the need of privacy for the adjacent property owners. Mr. Reschenberg stated the only thing that will discourage pedestrian traffic would be a fence. Mr. Ruppenthal responded to Mr.
Mueller’s drainage concerns stating a drainage plan has to be submitted to and approved by the Department of Public Works whereby water from the proposed parking lot can’t have a negative
impact on adjacent properties.
Plan Commission Minutes 2 June 3, 2003 Mr. Bettes stated he was opposed to the parking lot proposal because of the setbacks, especially on the east side since the location of the house
on the adjacent property is so close. He also pointed out that variances were needed for all setbacks. He stated the approval of this development would ensure continued decline in the
area with other parcels in the immediate area eventually being developed into parking lots as well. Mr. Kinney stated the University of Oshkosh’s improvement plan in the areas to the
south and east of Elmwood Avenue includes working with the City of Oshkosh to address the parking needs. Mr. Burich pointed out 837 Woodland Avenue which the Plan Commission approved
at its May 20, 2003 meeting for rehabilitation of a single family dwelling. He stated neither the University nor the City of Oshkosh wants to see any more parking lots on Woodland Avenue.
Mr. Bettes stated he had taken a look at the University’s parking lot #34 and noted the well landscaped and developed site. He stated although the University is in desperate need of
parking, the adjacent property owners deserve proper setbacks. He also noted some well kept single family properties in the area. Mr. Burich noted the landscaping that is being proposed
for the parking lot. Mr. Gehling stated the landscaping is important, however, he was concerned with car headlights, noise, etc., and agrees with some of Mr. Bettes’ concerns. Mr. Kinney
stated this parking lot would probably not take pressure off of the on-street parking, however, the staff is supportive of this proposal with the landscaping and conditions as noted
in the Staff Report. He stated this is a central city location, which makes it very difficult to meet all the Zoning Ordinance requirements. Ms. Mattox, questioned how many parking spaces
would be affected by cutting the setbacks in half. Mr. Kinney stated any further reductions in the parking lot wouldn’t provide enough spaces to warrant the proposal. Mr. Ruppenthal
stated he felt the development of this parking lot was worth the sacrifices requested for the setbacks. He stated he has noticed many cars parked illegally in the neighborhood and feels
this proposal is reasonable and would be an improvement to the neighborhood. Mr. Blassingame agreed with Mr. Ruppenthal stating the proposed parking lot would be an attractive improvement
to the neighborhood. Motion by Blassingame for approval of the Conditional Use Permit for a parking lot generally located in the 800 block of Scott Street and finds the use to be consistent
with Standards set forth in Section 30-11 (D) of the Zoning Ordinance subject to the following conditions: 1. The three subject properties to be combined into one parcel. 2. Zoning variances
be obtained for setbacks as proposed in the approved site plan. Seconded by Ruppenthal. Motion carried 8-1. Nay: Bettes.
Plan Commission Minutes 3 June 3, 2003 II: ZONE CHANGE FROM R-3 MULTIPLE DWELLING DISTRICT TO C-2 GENERAL COMMERCIAL DISTRICT: 1760 W. 7TH AVENUE Oshkosh Restaurant Corp., petitioner
for Sol and Lucille Goldstein, owners, requests the Plan Commission to review and approve of a zone change from R-3 Multiple Dwelling District to C-2 General Commercial District. Mr.
Gehling questioned if the Oshkosh Restaurant Corp. had already purchased the strip of land. Mr. Burich replied that in all likelihood a sale would have been contingent upon rezoning.
Motion by Pressley for approval of a zone change from R-3 Multiple Dwelling District to C-2 General Commercial District. Seconded by Bettes. Motion carried 9-0. III: ZONE CHANGE FROM
R-1 SINGLE FAMILY RESIDENCE DISTRICT TO C-1PD NEIGHBORHOOD COMMERCIAL DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY/CONDITIONAL USE PERMIT/PLANNED DEVELOPMENT REVIEW FOR PARKING LOT/TWO
LOT LAND DIVISION/CERTIFIED SURVEY MAP AT 3870 JACKSON STREET Community Church, petitioner/owner, requests requests the Plan Commission to review and approve of a zone change, a CUP/PD
review, and a land division for property located at 3870 Jackson Street. The five acre subject property contains an approximate 6,400 square foot building used as a daycare facility
that was originally built as a church. Mr. Blassingame questioned if the day care would need space for parking on Lot 2. Mr. Burich stated it didn’t appear they would need to utilize
Lot 2 for additional parking at the present time but the CUP will stipulate that parking on Lot 2 will only be accessory to the use on Lot 1 if needed and until such time as a new CUP/PD
review is done in conjunction with development of Lot 2. Mr. Borsuk questioned if both parcels would be zoned C-1PD, and if the day care would be sold, what review would be necessary.
Mr. Burich stated the zone change request is for all parcels, and noted that any changes to the site would require Plan Commission and Common Council approval with a C-1 zoning classification
with a Planned Development Overlay. Discussion followed regarding the change in zoning and what review would be necessary if the R-1 Single Family Residence District classification remained.
Ms. Mattox questioned why a for sale sign was already posted on the property. Mr. Burich stated posting a for sale sign was not unusual as the petitioner may have wanted to see what
interest there might be for a commercial use at that location. Ms. Mattox stated a wider driveway should be considered for those lots especially considering the speed limit in the area.
She stated the existing situation is dangerous. Steve Johnson, Pastor of Community Church, 2351 Ryf Road, stated he has held neighborhood meetings and a couple of suggestions have come
forward. He stated the neighbors have made the request for no more landscaping to be installed adjacent to their rear lot lines, and if possible they would like to purchase land from
the church to add to their rear yards if no longer be needed by the day care. He also stated the neighbors would would prefer not to have a car lot, tavern, or adult book store, of which
the later two would not be compatible with a day care located next door.
Plan Commission Minutes 4 June 3, 2003 Pastor Johnson responded to Ms. Mattox comments regarding the driveway, stating the number of services previously held at that location when it
was operating as a church, and the overflow parking that occurred, before they moved to a larger site to accommodate their needs. He stated there has never been an accident at 3870 Jackson
Street, however, he thought it would be a good idea to increase the driveway width. Pastor Johnson also informed the neighbors that they wanted to file covenants on the property. Mr.
Gehling asked staff to review condition number 1 as listed in the Staff Report. Mr. Burich explained the reasoning for the condition. Discussion again ensued regarding uses that would
be suitable for the two lots and the Plan Commission and Common Council review with the Planned Development overlay attached to the C-1 zoning classification for the comfort of the neighborhood.
Mr. Borsuk questioned the policy followed to keep on top of the situation. Mr. Kinney replied that as soon as they learn of a proposal or change for the use, the staff would inform the
owners of the review process.Motion by Ruppenthal for approval of the zone change from R-1 Single Family Residence District to C-1PD Neighborhood Commercial District with a Planned Development
Overlay, a Conditional Use Permit/Development Plan Review, and a Land Division for the property located at 3870 Jackson Street to be found in compliance with the standards set forth
in Section 30-11 (D) of the Zoning Ordinance and be issued subject to the following conditions: 1. A 10 foot setback (5 foot along each lot line) and landscaped green area to be created
along the common lot line, excepting cross-access drive areas, between Lots 1 and 2 with said landscaping to be installed in conjunction with a future CUP/PD review of development on
Lot 2. A new parking plan will be required to be submitted and approved for the Lot 1 parking area at the time the new green area is created. 2. Parking lot perimeter landscaping to
be provided along the existing east perimeter of the parking lot on Lot 1 with landscaping to be installed within one year of issuance of a CUP. Landscaping along the east parking perimeter
of Lot 2 is to be done in conjunction with the CUP/PD review of that property. 3. The parking lot on Lot 2 is to be accessory parking for the use of the property at 3870 Jackson Street
until such time as a new CUP/PD review is conducted for Lot 2. 4. A cross access agreement between Lots 1 and 2 be reviewed and approved by the Department of Community Development and
recorded at the Register of Deeds. Seconded by Gehling. Motion carried 9-0.
Plan Commission Minutes 5 June 3, 2003 OTHER BUSINESS Mr. Blassingame stated now that the Plan Commission knows what property will be annexed to the City of Oshkosh in the next 60 years
from the Town of Algoma, he wanted to share information from the publication “Green Infrastructure” which he handed out for the Commission’s review. (On file in the Department of Community
Development.) Mr. Bettes stated the agreement between the Town of Algoma and the City of Oshkosh was presented at the last Comprehensive Plan Update Committee meeting, and felt the entire
Plan Commission would benefit from a workshop or presentation on the subject. Mr. Kinney stated he would look into making arrangements for the presentation to be given to the Plan Commission.
There being no further business, the meeting adjourned at 4:51 p.m. (Blassingame/Gehling) Unanimous. Respectfully submitted, DARRYN L. BURICH Principal Planner DLB/vlr