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HomeMy WebLinkAboutMinutes PLAN COMMISSION MINUTES December 20, 2011 PRESENT: Ed Bowen, Jeffrey Thoms, Thomas Fojtik, John Hinz, Steve Cummings, Kathleen Propp, Dennis McHugh, Donna Lohry, Robert Vajgrt, Karl Nollenberger EXCUSED: David Borsuk STAFF: Darryn Burich, Director of Planning Services; David Buck, Principal Planner; 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 December 6, 2011 were approved as presented. (Vajgrt/Bowen) I. EXTRATERRITORIAL TWO-LOT LAND DIVISION/CERTIFIED SURVEY MAP AT 100 BLOCK OF INDIAN POINT ROAD IN THE TOWN OF OSHKOSH The applicant is requesting a two-lot land division/certified survey map from one existing parcel containing a total of 4.63 + acres. Sizes of the proposed lots are as follows: Lot 1 = 2.51 Acres Lot 2 = 2.12 Acres Mr. Buck presented the item and reviewed the site and surrounding area as well as the physical improvements on the parcel. He stated that the Winnebago County Zoning office had been contacted and had no issues with this request and the land division also met City requirements. He explained the reasons for the easements and reviewed the conditions recommended for this request. There was no discussion on this item. Motion by Nollenberger to approve the extraterritorial two-lot land division/certified survey map at the 100 block of Indian Point Road in the Town of Oshkosh as requested with the following conditions: 1.Depict improvements currently located on the subject parcel on the final CSM. 2.Provide easements for improvements currently located on the subject parcel for the property to the south. 3.Establish a minimum of a 30 foot cross access easement providing access to proposed Lot 1 through proposed Lot 2. Seconded by Vajgrt. Motion carried 9-0. II. ZONE CHANGE 1406 & 1407 GRAND STREET FROM M-2 CENTRAL INDUSTRIAL TO R-2 TWO FAMILY RESIDENCE DISTRICT The applicants are requesting to rezone two residential properties from manufacturing (M-2 Central Industrial) to residential (R-2 Two Family Residence). __________________________________ Plan Commission Minutes 1 December 20, 2011 Mr. Burich presented the item and reviewed the site and surrounding area as well as the current zoning classifications and land use in said area. He stated that the area had been zoned M-2 Central Industrial District since the 1960’s although the two lots requesting the zone change had been utilized for residential use prior to that time. He reviewed the land use plan from the City’s Comprehensive Plan which recommended the area for industrial use. He also explained how the Comprehensive Plan was developed and implemented and the reasoning that requires City actions to be consistent with this plan. The existing land use on these two parcels does not dictate appropriate land use for the area and the residential uses are considered to be legal nonconforming uses. He explained the land use impacts of manufacturing and residential uses in such close proximity which was also discussed at the workshop in November. He further explained the necessity to discuss long range land use plans with adjacent property owners and that staff would be supportive of a zone change in this area if the community decides that it is an appropriate land use. Staff is currently recommending denial of this request at this point as the appropriate research has yet to be done and the decision to change zoning classifications for these parcels would be premature. Mr. Bowen questioned if the M-2 zoning classification was originally on this area or if it was changed to it at some point in time. Mr. Burich responded that the zoning maps from 1965 shows the area as M-2 since that time. Mr. Thoms commented that the houses had existed on these sites for 90 years and he assumed that the zoning designation was applied with the intent that the parcels would eventually be sold and redeveloped as industrial uses. Mr. Burich indicated that the zoning classification was appropriate at that time as future land use was probably considered to be manufacturing for those parcels. Mr. Cummings stated that some of the manufacturing uses in that area have either shut down completely or were declining since then. Mr. McHugh questioned if there was any consequences to delaying the process of the zone change. Mr. Burich replied that the only issue was the property owner was probably experiencing difficulty marketing the parcel due to its zoning classification. Mr. McHugh inquired if the City was planning on meeting with the adjacent property owners to discuss the issue. Mr. Nollenberger questioned how long the process would take. Mr. Burich indicated that staff was intending to meet with the property owners and the issue could be undertaken within the next few months. Mr. Nollenberger commented that it was not fair to the property owners that the City zoned their residential parcels M-2 back in the 1960’s. Mr. Burich stated that the City zoned the area according to the intended land use for the area, which he felt was forward thinking for the community. __________________________________ Plan Commission Minutes 2 December 20, 2011 Mr. Bowen questioned if any other community’s Comprehensive Plan has a transitional area included in it as the City of Oshkosh does not have such areas in their plan. Mr. Burich responded that the City has both a 10 and 20 year land use plan included in its Comprehensive Plan which is akin to a transitional designation. Mr. Bowen stated that he was looking at areas in the Plan that would be considered intermediate as far as land use. Mr. Buck responded that the City does have specific zoning classifications that allow mixed uses such as the Mixed Downtown, as well as C-1 Neighborhood Business District and C-3 Central Commercial District. These zoning designations allow multiple uses with the area however there is not such a classification with industrial uses. The change in the lending industry has created the issues property owners are currently experiencing with the sale of property and its zoning designation and use. The zoning classifications in the City were reviewed in 2005 when the Comprehensive Plan was developed and this area was still determined to be appropriate for industrial use at that time. Mr. Burich added that we need to discuss future land use in this area prior to making any zone changes and the zoning designation needs to comply with the Comprehensive Plan at this time or amend the recommended land use prior to the zone change approval. Ms. Lohry commented that residential use seems to be primary in this area and suggested that the City purchase the properties and redevelops the area into green space for community use. Mr. Thoms inquired if this was the only situation like this in the city and if the city would be compiling an inventory of property owners in this area. Mr. Burich responded that there were other areas of the city with similar situations and stated that the city has reviewed neighborhoods in the past and changed land use recommendations and zoning classifications to be consistent with current land use patterns in the area. He further stated that an inventory would be necessary of the property owners and their intended land uses as a zone change in this area would not only affect the changed parcels but would impact the use of adjacent properties. Mr. Cummings commented that the city would have to determine if there are any manufacturing uses currently in the area or would any companies be interested in redeveloping the existing sites. Mr. Burich stated that this is what needs to be discussed at a meeting with property owners in the area prior to approving any zone changes. Lola Schroeder, 378 N. Schroeder Road, Fremont, stated that she and her husband own the property at 1407 Grand Street and do not feel that their request should be denied due to the Comprehensive Plan’s land use recommendation. She further stated that it has been a rental property for the past 18 years and maintaining the property has become a problem at their age. She felt that the recommended land use is outdated and needs to be changed as manufacturing is not thriving in this area and the truck use of the residential streets surrounding it is not appropriate. The current trucks are too large and there is no convenient approach for the loading docks as well as there are unresolved drainage issues in the area which maintenance has been performed on numerous times. She suggested the zoning could be changed to C-3 to accommodate the multiple uses however she did not feel the request should be denied. She felt that the Commission should be looking at the future of the area and spot zoning was not illegal, unreasonable, or unconstitutional. __________________________________ Plan Commission Minutes 3 December 20, 2011 Lynn Resop, 1921 Beech Street, stated that he owned the property on the northwest corner of Broad Street and Custer Avenue and a change in zoning for these parcels would make his business surrounded by residential uses. He voiced his concerns with this change impacting his parcel by making it a nonconforming use and explained the effort and money he had invested in the site. Ms. Propp questioned what the use was of his property. Mr. Resop responded that it was private use for cold storage and a workshop. Mr. Nollenberger stated that he respected the recommendation from staff and he felt the neighborhood planning effort was a good idea, however he felt the two parcels could be rezoned to R-2 now as requested. Mr. Thoms suggested that the item be tabled until a meeting is held with the area property owners or rezone the parcels to C-3 instead of R-2 as it would allow the sale of the property and would not affect adjacent property owners negatively. He further commented that he was not sure if manufacturing was an appropriate classification for this area. Mr. Bowen stated that if C-3 was going to be the zoning classification, it would have to include the entire block as changing just these two parcels would not be appropriate. He felt we should adhere to the Comprehensive Plan and review the entire area before proceeding with any zone changes. The C-3 zoning classification was a good idea however it would have to encompass more than two parcels. Mr. Hinz agreed with Mr. Bowen and stated that he did not want to see multiple zone changes in the area and felt that the item should be tabled until further research could be completed. Ms. Lohry commented that she felt the need to give the property owners a solution now and would support the zone change to R-2. Ms. Propp disagreed and stated that she did not feel that approving a zone change now would be appropriate as this matter needed to be discussed with all the adjacent property owners prior to acting on the request. She would like to see the matter move forward as soon as possible but felt that tabling the request was a good idea or denying it until a meeting could be held. Mr. McHugh commented that he felt a neighborhood meeting was essential in this case and doing things piece meal was not a good idea. Mr. Thoms stated that multiple changes to the zoning in the area were not a good idea and he felt the request should be tabled until February. Mr. Hinz questioned if the petitioner could withdraw the request at this time and resubmit it at a later time. Mr. Burich explained that the petitioner could withdraw the request or table it however when an item is tabled it is usually only for one or two meetings. If the petitioner withdrew the request at this time to give staff ample time to research the area, if staff determines that a land use amendment to the Comprehensive Plan was appropriate, the zone change could still take place. __________________________________ Plan Commission Minutes 4 December 20, 2011 Mr. Cummings commented that we do not know what is happening in the area now and we need to research the situation before making any decisions. Mr. Hinz felt since staff was working on the matter, it would be beneficial to wait until the research was completed. Mr. Vajgrt felt that it would be best to deny the request rather than table it. If the manufacturing uses were consulted in the area, a clearer picture could be obtained of the intended future land uses and the manufacturing sites could benefit from a zone change as well if they are not planning to continue their industrial uses. Motion by Vajgrt to approve the zone change for 1406 & 1407 Grand Street from M-2 Central Industrial to R-2 Two Family Residence District. Seconded by Propp. Motion by Nollenberger to lay over the request for a zone change for two months. Seconded by Lohry. Motion denied 2-7. Ayes-Lohry/Nollenberger. Nays- Bowen/Thoms/Fojtik/Hinz/Cummings/Propp/Vajgrt. Motion to approve the zone change denied 2-7. Ayes-Lohry/Nollenberger. Nays- Bowen/Thoms/Fojtik/Hinz/Cummings/Propp/Vajgrt. Mr. Burich stated that staff will still be reviewing this area to determine if a land use amendment and zone change is warranted. OTHER BUSINESS Mr. Burich stated that the joint workshop to discuss the central garage with the Common Council and th Plan Commission will be held on January 24 and a notice will be sent out at a later date. There being no further business, the meeting adjourned at approximately 4:58 pm. (Vajgrt/Cummings) Respectfully submitted, Darryn Burich Director of Planning Services __________________________________ Plan Commission Minutes 5 December 20, 2011