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HomeMy WebLinkAboutMinutes PLAN COMMISSION MINUTES FEBRUARY 5, 2002 PRESENT: Wm. Bettes, Lurton Blassingame, Melanie Bloechl, Steven Gehling, Jack Heinemann, Donald Pressley, Achim Reschenberg, John Ruppenthal, Fred Timmerman, and David Borsuk, Chairman EXCUSED: Donald Krueger STAFF: Darryn Burich, Principal Planner, Jackson Kinney, Director of Community Development, Matthew Tucker, Associate Planner, and Vickie Rand, Recording Secretary The meeting was called to order by Chairman Borsuk. Roll call was taken and a quorum declared present. The Meeting Minutes of January 15, 2002 were approved as mailed (Bloechl/Blassingame). Unanimous. I: ACCEPTANCE OF TRAIL EASEMENT – SAWYER CREEK AREA 1500 BLOCK OF OAKWOOD ROAD City administration requests the Plan Commission to review and approve acceptance of a trail easement in the 1500 block of Oakwood Road. The subject property is undeveloped and owned by Living Waters Lutheran Church. The area of the easement is in the northwest corner of the property and contains approximately 10,436 square feet. Sawyer Creek runs through the easement area. Motion by Bettes for acceptance of a trail easement in the 1500 block of Oakwood Road. Seconded by Blassingame. Mrs. Bloechl questioned how dense the trail was, and what lighting would be used on the trail since students will be using the trail to get to school in the morning, or to get home after extracurricular activities after school, when at times there is not yet or no longer daylight. Mr. Kinney stated a detailed plan with specifications for the trail will be submitted in the near future by Martenson and Eisele, Inc. He also stated the trail has been reviewed by the Parks Department and with the Parks Advisory Board. Mrs. Bloechl questioned if this was an agreeable easement with the property owner. Mr. Kinney replied that it was an agreeable easement that the owner had already signed as they could see the advantages of a trail in that area. Plan Commission Minutes Page 2 February 5, 2002 Mr. Pressley questioned if the route of the trail had been determined. Mr. Kinney explained the route for the trail was determined in the summer of 2001 to extend along the Sawyer Creek floodplain area to Carl Traeger School. He stated the Parks Department also found this to be the most aesthetically pleasing, as the trail will be used by many people, not only Carl Traeger students. Motion carried 9-0. II: EXTRATERRITORIAL LAND DIVISION/CERTIFIED SURVEY MAP 265 RIPPLE ROAD Tom Halverson of Carow Land Surveying petitioner for George Brennand, owner, requests Plan Commission review and approval of an extraterritorial land division/certified survey map (CSM) for property generally located at 265 Ripple Road in the Town of Nekimi. Mr. Pressley questioned if the property wasn’t already being used residentially. Mr. Burich replied the property is currently part of an active farmstead, however, this proposal would create a 3.8-acre lot most likely for residential use. Motion by Pressley for approval of an extraterritorial land division/certified survey map for property generally located at 265 Ripple Road in the Town of Nekimi. Seconded by Bloechl. Mr. Blassingame stated he would vote against the item, since he agrees with the staff’s expertise in the review of this item. Motion denied 0-9. III: CONDITIONAL USE PERMIT FOR A MIXED USE COMMERCIAL/RESIDENTIAL STRUCTURE AT 2187 W. 9TH AVENUE Richard Lichtwald, petitioner/owner requests Plan Commission review and approval of a Conditional Use Permit (CUP) to allow for a mixed use commercial/residential structure at 2187 W. 9th Avenue. The subject property is zoned C-2 General Commercial District, which does allow mixed commercial/residential uses but confines the residential use to the upper floors only and does not allow separate residential structures on a lot with a non-residential or mixed use structure. Mr. Lichtwald, 2187 W. 9th Avenue, introduced himself and his son, Steve, and stated they are requesting a Conditional Conditional Use Permit at this time to comply with the City of Oshkosh Zoning Ordinance. Mrs. Bloechl questioned how many stalls would be proposed for the beauty salon, the hours of operation, and how traffic would be affected on 9th Avenue along with two offices also proposed for the site. Mae Lichtwald, 2187 W. 9th Avenue, stated there would be 4 stalls available in the beauty salon with hours of operation running approximately from 10 a.m. to 10 p.m. Monday through Friday, and some Saturday hours as well. Brian Lichtwald, 2187 W. 9th Avenue, stated the traffic wouldn’t have any more of an impact with this proposal than when the site operated as an office used by Registered Homes. Plan Commission Minutes Page 3 February 5, 2002 Mr. Kinney stated that the issue regarding this request was whether or not it was appropriate for a mixed commercial/residential structure on the subject site and not the commercial aspect of the request because the permitted use of the property would be for commercial uses, which could feasibly be developed on the property without requiring Plan Commission review if all the base standards of the Zoning Ordinance were met. The impact of one residential apartment unit on 9th Avenue in this location will not have a significant impact on traffic flow especially considering the potential commercial uses of the property. He reiterated the petitioners only need the review of the Plan Commission because of the residential use upstairs, and any conditions placed on the CUP should be relative to that usage. Motion by Blassingame for approval of the Conditional Use Permit for a mixed commercial/residential structure at 2187 W. 9th Avenue to be found in compliance with the standards of Section 30-11 of the Oshkosh Zoning Ordinance with the following condition: 1) A parking plan be submitted and approved by the Department of Community Development prior to issuance of a building permit. Seconded by Timmerman. Motion carried 9-0. IV: FLOOD PLAIN ZONING MAP AMENDMENT: VACANT LOT NORTH OF 410 N. KOELLER STREET David Utech, petitioner, requests Plan Commission review and approval of an amendment to the City’s Floodplain Zoning Map. The amendment would provide for the removal of an approximate 6,500 square foot area from the Floodplain Zoning Map. Areas that are mapped as floodplain can be removed from the regulatory map if fill raises the elevation of the land to a height at least two feet above the regional flood elevation and that the filled area is contiguous to land lying outside the floodplain. David Utech, Agent for Keller Structures, stated he was available to answer any questions the Plan Commission may have. Mr. Blassingame questioned why dirt had been brought in to fill fill the site before obtaining approval from the City of Oshkosh for a floodplain zoning map amendment. Mr. Utech stated the original plan was to raise the building 2 feet and not include a basement, therefore not needing to deal with the floodplain issue in any other manner, however, the lender still required floodplain insurance. Mr. Burich clarified that the owner wouldn’t have needed Plan Commission review if his only intent was to raise the building site above the floodplain. Mr. Gehling asked for clarification on the procedural process when filling a floodplain. Discussion followed with explanations from Mr. Burich and Mr. Tucker which included the Federal Emergency Management Agency’s (FEMA) involvement, the information received from the Department of Natural Resources (DNR) that filling a floodplain wouldn’t result in even a 1% increase of regional flood elevation, the difference between a floodplain and a floodway, and the logistics of filling in property on the fringe of a floodplain. Mr. Bettes questioned if the Department of Public Work’s has also reviewed this request. Mr. Tucker stated that the Department of Public Work’s has reviewed the drainage on the site. Plan Commission Minutes Page 4 February 5, 2002 Motion by Fred Timmerman for approval of an amendment to the City’s Floodplain Zoning Map for the removal of an approximate 6,500 square foot area from the Floodplain Zoning Map. Seconded by Ruppenthal. Motion carried 9-0. V: REVIEW/COMPREHENSIVE PLAN UPDATE Mr. Kinney provided a powerpoint presentation on updating the Comprehensive Plan and the process that will be followed to update the plan. Mr. Kinney provided a narrative for the presentation explaining the 9 elements that would make up the Comprehensive Plan, which included 2 new element’s needed to comply with the Smart Growth Law. He explained the details of each element and noted that there was a mandate to have a Comprehensive Plan implemented by January 1, 2010 to comply with the Smart Growth Law. Mr. Kinney stated the Community Development Department will organize the necessary committee’s, with the first step being to adopt public participation as required by the Smart Growth Law. He stated this project will take place during the 2002-2003 time period with the goal to have the Common Council adopt the plan by the end of 2003. Mr. Gehling questioned if anyone from the Department of Natural Resources (DNR) was on one of the Steering Committee’s, especially someone who could lend their expertise to the air quality issues. He stated more land is needed to comply with air quality limitations, which should be taken into account when designating areas for industrial growth. Mr. Bettes questioned what stage the update was in at this time. Mr. Kinney stated the staff is currently going through the current Comprehensive Plan to determine what is working and what needs to be done. They are working on gathering materials and developing an agenda for each element. He stated this should be done within the next couple months. Mr. Borsuk questioned if a time line could be developed by which to hold each specific committee accountable for. Mr. Kinney stated within the next two to three month’s they should have a better handle on whether or not a complete re-write will be needed to comply with the Smart Growth Law, and how long it will actually take to complete this project. Mr. Borsuk also questioned if each element would need to be adopted at the same time or could they be adopted individually. Mr. Kinney stated the elements will be adopted at one time as part of the overall Comprehensive Plan. Discussion continued regarding the elements being inter-related, the need to reach an agreement with the townships, and to have the steering committee’s finish their work and meet with the broader committee to work together on overlapping issues for each element. Discussion also ensued regarding the appropriate individuals to have on either the steering committees or the broader committee. It was agreed to have more discussion on this issue at future meetings. There being no further business, the meeting adjourned at approximately 5:10 p.m. (Gehling/Heinemann) . Unanimous. Respectfully submitted, DARRYN BURICH Principal Planner DB/DB/vlr