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PLAN COMMISSION MINUTES
November 15, 2011
PRESENT: David Borsuk, Ed Bowen, Jeffrey Thoms, Thomas Fojtik, John Hinz, Steve Cummings,
Kathleen Propp, Robert Vajgrt, Karl Nollenberger
EXCUSED: Dennis McHugh, Donna Lohry
STAFF: Darryn Burich, Director of Planning Services; David Buck, Principal Planner; Jeffrey
Nau, Associate Planner; Allen Davis, Director of Community Development; Deborah
Foland, Recording Secretary
Chairperson Fojtik called the meeting to order at 4:00 pm. Roll call was taken and a quorum declared
present.
The minutes of November 1, 2011 were approved as presented. (Thoms/Hinz)
I. EXTRATERRITORIAL FOUR-LOT LAND DIVISION/CERTIFIED SURVEY MAP
AT 2653-2677 INDIAN POINT ROAD IN THE TOWN OF OSHKOSH
Four-lot land division/certified survey map from three existing parcels containing a total of 39.104
acres. Sizes of the proposed lots are as follows:
Lot 1 = 5.0500 Acres
Lot 2 = 1.4577 Acres
Lot 3 = 1.9528 Acres
Lot 4 = 30.6455 Acres
Mr. Nau presented the item and reviewed the site and surrounding area. He explained the reasoning
for the proposed land division and stated that it was consistent with the City’s Comprehensive Plan and
has been reviewed by the Department of Public Works who did not have any concerns with this
request.
Mr. Bowen arrived at 4:02 pm.
Mr. Borsuk questioned why the proposed land division did not square off the lots.
Mr. Nau responded that to align the lot lines to square off the proposed lots would cut off the egress for
one of the parcels.
Carol Kaufmann, 2677 Indian Point Road, stated that she was proposing the land division to separate
the farm parcel from the parcel where her home exists as she would be leaving the land to her children
in the future and wanted to clean up the layout. The configuration was proposed as the access drive to
the farm was currently on Lot 3’s property and to move just that lot line would have left Lot 3 with a
substandard size lot. Moving of the other lot lines provided standard size lot widths for each lot and
placed the drive access to the farm on Lot 4.
Motion by Vajgrt to approve the extraterritorial four-lot land division/certified survey map at
2653-2677 Indian Point Road in the Town of Oshkosh.
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Plan Commission Minutes 1 November 15, 2011
Seconded by Borsuk. Motion carried 9-0.
II. ACCEPT LAND DONATION (LAND ACQUISITION) AND TEMP0ORARY
EASEMENT FOR RIVERWALK DEVELOPMENT ALONG CITY CENTER
PROPERTY (201 PEARL AVENUE)
This item is for two actions related to development of the riverwalk system. Accept land
donation/acquisition of an approximate 1,000 foot segment (.75 acres) of land along the City Center
property and acceptance of a temporary pedestrian access easement to connect the riverwalk with the
Jackson Street sidewalk.
Mr. Burich presented the item and explained that the proposal has been revised since the staff report
was prepared and the temporary easement is being removed with this area becoming part of the land
donation. He explained how this request relates to the development of the riverwalk and that the City
has been working with the City Center owners on the matter. He reviewed the site and surrounding
area and explained that this would provide the area to construct the riverwalk from Jackson Street up to
the City Center Hotel which is still in the process of being negotiated. He also reviewed the site plan
for the riverwalk as well as the conceptual plans.
Mr. Bowen inquired about the existing steps in an area of the City Center and how it would be
integrated into the riverwalk.
Allen Davis, Director of Community Development, explained the concept of how this area will be
adjusted to accommodate the concrete and boardwalk that will be constructed for the riverwalk.
Mr. Thoms questioned if part of the area indicated to be acquired was located in the river.
Mr. Davis responded affirmatively.
Mr. Borsuk inquired about how the City plans to cross Jackson Street with the riverwalk.
Mr. Davis replied that pedestrians would be able to cross Jackson Street near Becket’s Restaurant and
by the intersection of Jackson Street and Division Street until the bridge is reconstructed at which time
there will be an underpass such as the walkway constructed under the Wisconsin Street bridge.
Motion by Nollenberger to accept the land donation for riverwalk development along City
Center property (201 Pearl Avenue) as requested.
Seconded by Vajgrt. Motion carried 9-0.
III. DISCUSSION ON SIGN CODE REVISIONS
Mr. Buck stated that the Plan Commission has identified the update of the Sign Ordinance as one of
three priorities for 2012 and three members had previously indicated that they would be interested in
participating as part of the working group. He further stated that the committee would be initially
holding a meeting in November or December of this year and the process was anticipated to take
approximately 12 months to complete. He indicated that Mr. Borsuk, Mr. Bowen and Mr. Fojtik were
the three members who had expressed interest in participating in the process and questioned if they
were still interested in proceeding. The members confirmed that they were willing to serve on the
committee.
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Plan Commission Minutes 2 November 15, 2011
Mr. Thoms inquired how frequently the Plan Commission would be updated on the progress of the
working group.
Mr. Burich responded that quarterly updates could be provided.
IV. POTENTIAL LAND USE PLAN AMENDMENT IN THE GRAND STREET AREA
Mr. Burich stated that the land use plan amendment was being presented for discussion purposes as a
residential property owner had submitted an application for a zone change for two existing residential
single family uses that are located in an area zoned industrial and are currently considered non-
conforming uses in the district. He reviewed a map of the current land uses, an aerial photo, and
zoning classifications in the area and the location of the properties requesting the zone change. Both of
the properties requesting the zone change are located at the intersection of Grand Street and Custer
Avenue and one is on the market for sale. Due to the current zoning classification, the owner was
having difficulty selling the property and therefore requested the zone change from M-2 to R-2
however the Comprehensive Plan recommends this area for manufacturing use. In order for staff to
provide a positive recommendation for a zone change to residential for these properties, a land use
amendment would first have to be approved to remain consistent with the Comprehensive Plan. He
was seeking feedback from Plan Commission members on how they felt the City should proceed.
Mr. Borsuk stated that the manufacturing site on Nevada Street was being renovated and the homes
were actively being used however he felt that industrial use was appropriate for this site.
Mr. Burich commented that a change in zoning classification needs to be considered along with the
land use plan as the projected uses could be changing.
Mr. Thoms agreed but stated that if the long term industrial use in this area was to continue, the
residential properties should not be changed to R-2 zoning but should be left with its existing M-2
classification.
Mr. Nollenberger commented that this would be detrimental to the residential property owners and
questioned if there was some way to address this temporarily in the Comprehensive Plan.
Mr. Burich responded that staff would be more supportive if the manufacturing uses were going away
however that does not appear to be the situation at this time and the decision to adjust the land use
recommendation for this area would depend on what would be predicted to happen in this area within
the next 20 years.
Mr. Cummings questioned how long the M-2 zoning classification has existed in this area and what
use is currently operating in the existing structures.
Mr. Burich replied that the designation has been in place since 1965 and although he was not aware of
the current business operating from this site, building permits had recently been obtained for
renovations to the property.
Mr. Davis added that storage and a painting operation had been mentioned however all the related uses
of the site were considered manufacturing.
Mr. Burich commented that if the zoning classification would be changed to residential, it would need
to be determined if it would have a negative impact on the manufacturing uses in the area.
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Plan Commission Minutes 3 November 15, 2011
Mr. Thoms questioned if setback issues would be created by the zone change.
Mr. Burich replied that the setbacks are already imposed due to the residential uses that exist on the
property however the property owner of the industrial site could purchase the residential property and
combine it into the manufacturing parcel.
Mr. Thoms inquired if R-2 zoning classification would be appropriate.
Mr. Burich responded affirmatively as it was consistent with other surrounding parcels.
Lola Schroeder, 378 N. Schroeder Road, Fremont, stated that she was the owner of the property at
1407 Grand Street who was requesting the zone change. The manufacturing property was owned by
Davis Painting and had been rented to a pallet company recently however the part of the property to
the north was the only portion being utilized and the portion on Custer Avenue was unoccupied and a
deteriorating structure. She felt the building could potentially be razed and apartments constructed in
this area. She further stated that they would like to sell their property however financing was difficult
due to its zoning designation. She also discussed the property’s assessed and fair market values and
stated that they had approached the manufacturing property owner regarding purchasing the site with
no response. She felt that the City would be creating a hardship for them by refusing to change the
zoning designation as they cannot sell their property.
Ms. Propp stated that the manufacturing buildings were in bad shape west of Grand Street however the
area to the east of Grand was more viable. Good land use planning does not support changing zoning
in this area to R-2.
Mr. Burich commented that if long term manufacturing use is not viable in this area, the
Comprehensive Plan should be changed.
Mr. Cummings stated that the buildings have been idle for years and he was not sure if they were even
structurally sound.
Mr. Bowen commented that some of the older buildings have or could be demolished however it was
not fair to say that the entire site is blighted beyond use. He felt that it would be necessary to
determine what is operational in the area and how viable the uses are. He felt the market would dictate
what happens in future years in this area and infill projects are more viable in today’s economy.
Mr. Borsuk stated that we have to look at both the immediate and big picture when considering this
and how the City should react to blighted properties. He further stated that to amend the
Comprehensive Plan will not give the residential property owners the immediate help necessary.
Mr. Thoms suggested that staff research who the property owners of the manufacturing parcels are and
what their plans are for these sites as it may change the perspective on the matter.
Mr. Cummings stated that he did not believe that the existing plant on the site was useful for
manufacturing purposes.
Discussion ensued on the possibility of rebuilding a manufacturing use in this area and contacting
property owners to determine current use and future intentions. Discussion also ensued on aging areas
in the city such as this one and other areas such as Murdock Avenue and Bowen Street. A zone change
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Plan Commission Minutes 4 November 15, 2011
to C-1 was also discussed as it would allow light manufacturing uses as well as residential uses and if a
residential zoning designation would have a negative impact on the manufacturing uses. Commission
members also discussed transitional areas of the city where older established uses may need to be
changed to accommodate the change in current uses in these areas.
PLANNING DIRECTOR’S REPORT
Mr. Burich reported that the Tax Increment District #25 has been tabled by the Common Council
indefinitely due to financing issues of the developer.
He also reported that the conditional use permit for the church use on Parkway Avenue and Evans
Street had been laid over by the Council due to concerns of the neighboring property owners and a
th
neighborhood meeting has been scheduled for November 17 at the church to discuss said concerns.
Mr. Borsuk stated that he wished to discuss the Witzel Avenue land use and redevelopment of blighted
areas at a future meeting.
There being no further business, the meeting adjourned at approximately 4:58 pm. (Vajgrt/Bowen)
Respectfully submitted,
Darryn Burich
Director of Planning Services
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Plan Commission Minutes 5 November 15, 2011