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HomeMy WebLinkAboutMinutes PLAN COMMISSION MINUTES JUNE 18, 2002 PRESENT: Lurton Blassingame, Jon Dell’Antonia, Achim Reschenberg, John Ruppenthal, and Donald Krueger, Vice Chairman EXCUSED: Lee Bettes, Steven Gehling, Jack Heinemann, Donald Pressley, and David Borsuk STAFF: Darryn Burich, Principal Planner; Jackson Kinney, Director of Community Development, and Vickie Rand, Recording Secretary The meeting was called to order by Vice Chairman Krueger. Roll call was taken and a quorum declared present. The minutes of June 4, 2002 were approved as mailed (Blassingame/Reschenberg). Unanimous. I: CONSENT AGENDA A: PRIVILEGE IN STREET TO ALLOW PLACEMENT OF A FIBER OPTIC NETWORK Amelia Systems, Incorporated, petitioner, Oshkosh Area School District, owner, requests the Plan Commission to review and approve a privilege in street to allow the placement of a fiber optic network in City right-of-way. This is the first of three phases to connect the Oshkosh Schools and will connect Roosevelt Elementary at 910 N. Sawyer Street th with Carl Traeger Elementary at 3000 W. 20 Avenue. The network will follow the route indicated on the attached site plan. CONDITIONS 1)The conduit 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 network to be properly abandoned and removed in accordance with City standards and under the direction of the Department of Public Works. 3)Any problem which may arise as a result of the placement of the fiber optic network 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 network. 5)The network 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. B: EXTRATERRITORIAL 3 LOT LAND DIVISION/CERTIFIED SURVEY MAP - 5246 LUEBKE RD. Lawrence Kriescher, petitioner, Dennis and Dorothy Ewald, owner, request the Plan Commission to review and approve a 3 lot land division/certified survey map for property located at 5246 Luebke Road in the Town of Vinland. The 19.34 acre subject parcel is under Winnebago County Zoning and is split zoned for agricultural and residential purposes. The southern boundary of the proposed CSM is approximately 7,900 feet from the City of Oshkosh. CONDITION 1. A covenant be added to the face of the CSM making Outlot 1 unbuildable. C: EXTRATERRITORIAL 4 LOT LAND DIVISION/CERTIFIED SURVEY MAP FOR PROPERTY EAST OF 4678 S.T.H. 110 Lawrence Kriescher, petitioner, Keith Decker, representative of EOS V LLC, owner request the Plan Commission to review and approve a 4 lot land division for property generally located east of 4678 S.T.H. 110 in the Town of Oshkosh. The proposed four lots will be created from two parcels totaling approximately 18.18 acres. The subject properties are bordered on the west by a farmstead owned by EOS, on the south by S.T.H. 110, on north by undeveloped agricultural land owned by EOS (which is the subject of the following item on this consent agenda), and on the east by the WIOUWASH Recreational Trail and proposed S.T.H. 110. CONDITIONS 1. Evidence to be furnished by the petitioner/owner that upon transfer of the S.T.H. 110 to Winnebago County or the Town of Oshkosh that the dedication as indicated in the Outlot Note will be executed, the road improved, and that the Town of Oshkosh will accept the roads. 2. The road as indicated in Lot 2 as being a proposed road be reserved for right-of-way purposes and dedicated upon transfer of S.T.H. 110 to Winnebago County or the Town of Oshkosh. 3. Furnish information as to the date that the road improvements will be made D: EXTRATERRITORIAL 3 LOT LAND DIVISION/CERTIFIED SURVEY MAP FOR PROPERTY EAST OF 4678 S.T.H. 110 This land division is a continuation of the previous item on the Consent Agenda. The land divisions were required due to the lands lying in two different school districts. The lands in the previously discussed land division are in the Winneconne School District; this land division is in the Oshkosh School District. CONDITIONS 1. Evidence to be furnished by the petitioner/owner that upon transfer of the S.T.H. 110 to Winnebago County or the Town of Oshkosh that the dedication as indicated in the Outlot Note will be executed, the road improved, and that the Town of Oshkosh will accept the roads. 2. The road as indicated in Lot 2 in the previously discussed four lot land division as being a proposed road be reserved for right-of-way purposes and dedicated upon transfer of S.T.H. 110 to Winnebago County or the Town of Oshkosh. 3. Furnish information as to the date that the road improvements will be made. 4. Cul-de-sac to have a minimum diameter of 70 feet. E: 3 LOT LAND DIVISION/CERTIFIED SURVEY MAP - 807, 811, AND 817 OREGON STREET Reinhard Roehlig, Roehlig Land Surveying and Consulting, petitioner, Tom Rohner, owner, requests the Plan Commission review and approve a 3 lot land division/certified survey map for the property at 807, 811, and 817 Oregon Street. The 21,550 square foot subject property is zoned C-3 Central Commercial District. Lot 1 would be 16,308 square feet, Lot 2, 2,249 square feet, and Lot 3, 2,993 square feet. CONDITIONS 1. Access easement to Lots 2 and 3 be placed on the face of the CSM. 2. Documentation be submitted indicating that the openings in the fire wall between the proposed properties have been sealed in compliance with applicable building code requirements. Robert Kujawa, 547 High Avenue, stated a party was interested in purchasing the property at 807 Oregon Street, therefore a land division was necessary. Mr. Dell’Antonia questioned if there was anything else that would hinder the sale of the property, such as the properties being physically connected. Dennis Schwab, 601-B Oregon Street, stated the properties were constructed separately and combined years ago to accommodate one business. Openings were made in the firewalls to allow cross access between the buildings and those openings have now been sealed. Mr. Blassingame questioned if the WIOUWASH Recreation Trail was affected in any way by the land divisions along State Highway 110. Mr. Burich stated the land divisions would not affect the trail system. Motion by Dell’Antonia for approval of the Consent Agenda with the conditions as noted for each item. Seconded by Reschenberg. Motion carried 5-0. II: CONDITIONAL USE PERMIT FOR AN AUTOMOTIVE SERVICE FACILITY AT 3020 JACKSON STREET Steve Howard of American Auto Sales, petitioner/owner, requests the Plan Commission to review and approve a Conditional Use Permit (CUP) to operate an automobile service facility at 3020 Jackson Street. The 3.3 acre subject property is zoned M-3 General Industrial District, which allows automobile service facilities through CUP. Mr. Burich introduced the item stating he would like to add a condition per the Department of Public Works recommendation for a 5 foot permanent sidewalk easement along the west property line. He noted setbacks would not be affected by the permanent easement. Motion by Ruppenthal for approval of a Conditional Use Permit to operate an automobile service facility at 3020 Jackson Street which is found to in compliance 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)Dumpster Storage area to be solidly screened. 3)Owner to grant 5 foot permanent sidewalk easement dedicated along the west property line and City to accept easement. Seconded by Blassingame. Motion carried 5-0. III: CONDITIONAL USE PERMIT FOR A FOR A MIXED COMMERCIAL/RESIDENTIAL STRUCTURE AT 558 N. MAIN STREET The Fox River Development Company LLC., petitioner/owner, requests the Plan Commission to review and approve a conditional use permit (CUP) for a mixed use commercial/residential structure at 558 N. Main Street. The subject property is zoned C- 3 DO Central Commercial District with a Downtown Overlay that allows mixed use commercial/residential structures through CUP and further requires that residential uses be located on upper floors only. The 12,000 square foot subject property contains a two- story, approximately 11,400 square foot structure, with occupied first floor commercial space and vacant second floor space. The building, originally constructed in 1900, is a contributing structure in the North Main Historic District and is eligible for the National Register of Historic Places. Mr. Blassingame stated this was an attractive building, and it appeared to be a positive situation that would increase property values in the area. Motion by Blassingame for approval of a Conditional Use Permit for a mixed use commercial/residential structure at 558 North Main Street which is found to be consistent with Standards set forth in Section 30-11 (D) of the Zoning Ordinance. Seconded by Reschenberg. Motion carried 5-0. IV: CONDITIONAL USE PERMIT/PLANNED DEVELOPMENT REVIEW FOR A MULTIPLE FAMILY DEVELOPMENT ON PARCEL “F” MARION ROAD/PEARL AVENUE REDEVELOPMENT AREA, LAND DIVISION CUP/PD Review D & F Investments, petitioner, for the City of Oshkosh, owner, requests the Plan Commission to review and approve a conditional use permit/planned development review for a proposed multiple family development within the Marion Road/Pearl Avenue Redevelopment Area on what is designated as Redevelopment Parcel F. The subject property contains 1.03 acres and is zoned C-3 PD Central Commercial District with a Planned Development Overlay. Mr. Burich introduced the item using the map as displayed to point out the areas where base standard modifications were needed for this development to occur. Mr. Kinney explained the parcels have been designated by letters (i.e. “F”, “G”, etc.) for the Marion Road/Pearl Avenue Redevelopment Area. He stated he is also looking for approval to create a Certified Survey Map for Parcel “F” to ensure enough land will be available to provide an ample buffer for the property to the east. He stated a non-student oriented housing. Mr. Kinney added that the 15’ front yard setback was a recommendation of staff to create more of a street wall in the area which is typical of older urban areas. He stated the Plan Commission would be seeing the same kind of setbacks across Pearl Street when Parcel “C” is developed. Mr. Ruppenthal questioned the dimensions of Parcel “G”. Mr. Kinney stated he didn’t have the exact dimensions at this time since they are still working with STS Consultants on the Certified Survey Map. Dennis Schwab, D & F Investments, 601-B Oregon Street, stated the two eight unit structures would be identical to the development to the west. Mr. Ruppenthal questioned the value of the structures. Mr. Schwab stated the value of the two structures is estimated at approximately 1.4 million. Tom Sonnleitner, representing UW-Oshkosh, stated the University currently has ownership of a parking lot in the area which may partially be included in the proposed development and that the University system has been working to transfer the property to the City. He also stated he is in support of this project. Mr. Kinney stated his last conversations with the University System indicated that the land issue would be resolved within 30 – 60 days. Motion by Mr. Dell’Antonia for approval of the Land Division and Conditional Use Permit/Planned Development Review for a proposed multiple family development within the Marion Road/Pearl Avenue Redevelopment Area on what is designated at Redevelopment Parcel “F” with the following conditions: 1.A cross access agreement be drafted to allow access from the Phase One parking areas to the proposed parking areas in Phase Two. This cross access agreement is to be approved by the Department of Community Development and City Attorney’s office and filed with the Register of Deeds office. 2.Base standard modifications be granted in regard to the front yard setback of the building and the side and rear yard setbacks of the parking lots. 3.No utility penetrations or utility panels on the structures be visible from the right of way. 4.Porch railings are to be of powder coated metal, and all wood members are to be stained a complimentary color. 5.Landscape plans and design and placement of other site amenities, including fencing and private signage, be submitted to, and approved by, the Department of Community Development. 6. On site lighting to be consistent with the ornamental lighting in the area and be approved by the Department of Community Development. 7. The Development Agreement with D & F Investments be modified to provide a 47’ wide strip of land to be added to “Parcel F” to meet setback and buffer needs in the development area. Seconded by Reschenberg. Motion carried 5-0. V: REZONE VACANT PARCEL FROM R-2 TWO FAMILY RESIDENCE TH DISTRICT TO C-3 CENTRAL COMMERCIAL DISTRICT, WEST OF 119 W 9 AVENUE Garry Decker, petitioner for Grace Evangelical Lutheran Church, owner, requests the Plan th Commission to review and approve a zone change of a vacant parcel of land west of 119 W. 9 Avenue from R-2 Two Family Dwelling District to C-3 Central Commercial District. The vacant subject property is approximately 5,400 square feet in area with approximate dimensions of 35’ x 150’. Mr. Blassingame questioned if a playground wasn’t already a permitted use in an R-2 District. Mr. Burich stated the playground was considered as part of an institutional use, since the request is to combine the subject property with the property that contains the church and school and expand the existing playground a rezoning or conditional use permit would be required. The zone change was recommended by the Department of Community Development to make the entire church and school site consistent. Garry Decker, 1113 Oregon Street, stated he was available to answer any questions the Plan Commission may have. Mr. Decker went on to give a history of the area, and stated the extra playground area would be utilized for the preschool and to provide green space. He stated he had contacted the neighbor at 119 W. 9th Avenue to be included in the rezoning, however, they decided against it at this time. Mr. Decker also stated that he would be seeking a variance because there wasn’t enough land available to provide the required buffer on the east lot line. Motion by Blassingame for approval of the zone change of a vacant parcel of land west of 119 W. 9th Avenue from R-2 Two Family Residence District to C-3 Central Commercial District. Seconded by Dell’Antonia. Motion carried 5-0. VI: REZONE VACANT PARCEL OF LAND FROM C-2 GENERAL COMMERCIAL DISTRICT TO R-3 MULTIPLE DWELLING DISTRICT, 2300 BLOCK OF WISCONSIN STREET Dewey Homes Inc., petitioner/owner, requests the Plan Commission to review and approve a zone change from C-2 General Commercial District to R-3 Multiple Dwelling District for a vacant parcel of land located on the east side of Wisconsin Street in the 2300 block. The subject property involved in the rezoning is approximately 36,762 square feet in size. Mr. Blassingame questioned when the Weatherstone Subdivision would be developed. Mr. Burich stated the Plan Commission has reviewed the Preliminary Plat, however, the Final Plat still needs to be brought forward and approved before construction could begin. Mr. Ruppenthal questioned whether the gravel parking lot to the south was permitted. Mr. Burich stated that the gravel parking lot existed prior to the zoning requirements, therefore it is a grandfathered use and can be maintained as such. Motion by Ruppenthal to approve a zone change from C-2 General Commercial District to R-3 Multiple Dwelling District for a vacant parcel of land located on the east side of Wisconsin Street in the 2300 block. Seconded by Jon Dell’Antonia. Motion carried 5-0. VII: REZONE VACANT PARCEL FROM R-4 MULTIPLE DWELLING DISTRICT TO C-2 GENERAL COMMERCIAL DISTRICT, EAST OF 2004 JACKSON STREET Gary Eake, Bros. LLC., petitioner/owner, requests the Plan Commission to review and approve a zone change for a vacant parcel of land east of 2004 Jackson Street from R-4 Multiple Dwelling District to C-2 General Commercial District. The subject property is approximately 8,800 square feet in area. Gary Eake, 2135 Carlton Road, stated he and Mr. Schmeidl, partners in Bros. LLC, were available to answer any questions the Plan Commission may have. Mr. Dell’Antonia stated there appears to be homes on both sides of the subject property. Mr. Eake stated the owner of 314 Viola Street, which abuts the subject property to the east, is in attendance with questions regarding the required setbacks. Mr. Burich stated there would have to be a landscaped buffered transitional area adjacent to residential property. Mr. Blassingame stated this appears to be a positive situation which would be an improvement to the neighborhood. Motion by Blassingame for approval of a zone change for a vacant parcel of land east of 2004 Jackson Street from R-4 Multiple Dwelling District to C-2 General Commercial District. Seconded by Dell’Antonia. Motion carried 5-0. There being no further business, the meeting adjourned at 4:28 p.m.(Dell’Antonia/Blassingame). Unanimous. Respectfully submitted, DARRYN L. BURICH Principal Planner DLB/vlr