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HomeMy WebLinkAboutMinutes__________________________________ Plan Commission Minutes 1 April 1, 2014 PLAN COMMISSION MINUTES April 1, 2014 PRESENT: David Borsuk, Ed Bowen, Jeffrey Thoms, Thomas Fojtik, John Hinz, Steve Cummings, Kathleen Propp EXCUSED: Donna Lohry, Robert Vajgrt, Karl Nollenberger STAFF: David Buck, Principal Planner; Elizabeth Williams, Assistant Planner; Benjamin Krumenauer, Assistant Planner; Steve Gohde, Assistant Director of Public Works; 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 March 18, 2014 were approved as presented. (Propp/Cummings) I. EXTRATERRITORIAL TWO-LOT LAND DIVISION/CERTIFIED SURVEY MAP AT THE SOUTHWEST CORNER OF BLACK WOLF AVENUE AND OLD KNAPP ROAD IN THE TOWN OF NEKIMI This request is for a two lot land division/certified survey map from one existing parcel containing a total of 20.0441 + acres. Sizes of the proposed lots are as follows: Lot 1 = 6.0244 Acres Lot 2 = 12.5413 Acres Right-of-Way Dedication = 1.4784 Ms. Williams presented the item and reviewed the site and surrounding area as well as the zoning designations in said area. She stated that the proposed lots meet dimensional requirements and the land division is permitted through the boundary agreement between the City of Oshkosh and the Town of Nekimi. She further stated that the City is making two recommendations to Winnebago County regarding the possible presence of wetlands on the site that should be indicated on the final map and a drainage ditch extending through the property which may require easements per Winnebago County code. Mr. Borsuk questioned if these recommendations should be added as conditions of approval to the land division request. Ms. Williams responded that these items are the responsibility of Winnebago County to enforce. Motion by Propp to approve the two-lot land division/certified survey map for property located at the southwest corner of Black Wolf Avenue and Old Knapp Road in the Town of Nekimi. Seconded by Cummings. Motion carried 6-0. II. REZONE 143 IDAHO STREET AND TWO VACANT LOTS TO THE SOUTH FROM C-2 GENERAL COMMERCIAL TO R-2 TWO-FAMILY RESIDENCE The petitioner is requesting a rezoning of 143 Idaho Street from its current designation of C-2 General Commercial District to the proposed designation of R-2 Two-Family Residence District. City staff is requesting a rezoning of two vacant City of Oshkosh owned properties, currently split zoned as C-2 __________________________________ Plan Commission Minutes 2 April 1, 2014 General Commercial District and R-2 Two-Family Residence District to the proposed R-2 Two-Family Residence District. Mr. Krumenauer presented the item and reviewed the site and surrounding area as well as the zoning classifications and land use in said area. He explained that the property owner submitted the request to rezone their property and the City was requesting to rezone the other two vacant parcels as an administrative clean-up since they are currently split zoned and owned by the City for auxiliary use by the Parks Department. He further explained that 225 and 229 Idaho Street are also zoned C-2 however one parcel contains a residential home and one contains a carpentry business. These parcels are both owned by the same party who is not interested in rezoning his properties at this point as he is attempting to sell the business and has concerns that changing the zoning would be detrimental to the sale of the property. The zone change would shift the nonconformity from the residence to the business use. Mr. Fojtik asked for clarification that we are just considering the zone change on the residential property at 143 Idaho Street and the two vacant City parcels. Mr. Krumenauer responded affirmatively. Mr. Buck added that the zone change of these parcels is consistent with the City’s Comprehensive Plan. Dale Renderman, 143 Idaho Street, stated that they requested the zone change as they are trying to sell the home and a buyer could not obtain financing due to the C-2 zoning designation. Tom Phillips, 225 and 229 Idaho Street, stated that he had no objections to the zone change of the other parcels however he did not desire to rezone his properties as he is trying to sell them and had concerns that the nonconforming use on the business parcel would be detrimental to his ability to sell. Mr. Krumenauer indicated that the carpentry business would be allowed to remain on the site as a nonconforming use as it is an existing use even if the zoning classification was changed. Mr. Phillips questioned what other types of businesses would be allowed to utilize the parcel if the zoning designation was changed to R-2. Mr. Buck responded that the intensity of the use would determine what would be allowed on the site and similar small businesses would still be allowed however restaurants or retail uses would be considered an increase in intensity and would not be allowed. The current C-2 designation would allow for the more intense uses. Mr. Phillips questioned if he should take the property off the market at this time. Mr. Buck replied that it was his prerogative but that there was no reason to remove the property from the market as it is currently zoned C-2 and it would be difficult to speak for future uses on the site at this time. Ms. Propp questioned which property was the home and which one was the business. Mr. Phillips responded that 225 Idaho Street was the home and 229 Idaho Street was his carpentry business. Ms. Propp questioned if the Commission could recommend the zone change for the home only. __________________________________ Plan Commission Minutes 3 April 1, 2014 Mr. Buck indicated that it could not be done at this time as the zone change request was not noticed as such but that it could be proposed for a future meeting. Mr. Thoms commented that the owner has the option of waiting and sell both properties as commercially zoned parcels and he felt it would be wise to request a zone change when the property owner is certain about the sale of the parcels and the intended use for them both. Mr. Phillips commented that he looked into the matter years ago and was told that he could not rezone just one of the two parcels. Mr. Hinz arrived at 4:15 pm. Mr. Borsuk commented that things had changed since that proposal as the area to the north, if approved, would now be an R-2 zoning classification. Motion by Bowen to approve the rezone of 143 Idaho Street and two vacant lots to the south from C-2 General Commercial District to R-2 Two-Family Residence District. Seconded by Cummings. Motion carried 7-0. III. LAND DIVISION AND PLANNED DEVELOPMENT APPROVAL FOR PROPERTY LOCATED AT 1935-1989 SOUTH KOELLER STREET (AKA OSHKOSH CENTER) The applicant is requesting a land division to split their lot to two and Planned Development approval for partial redevelopment of the existing commercial shopping center site. Mr. Buck presented the item and reviewed the site and surrounding area as well as the zoning classifications and land uses in said area. He explained that the petitioner desires to divide the existing lot into two separate parcels and reviewed the proposed site plan. He stated that the separation of the two parcels would require base standard modifications as the lot division will create no access to the public right-of-way for Lot 1 as well as other shared features of the site such as storm water detention, drive aisles, parking, setbacks, and signage. These base standard modifications are all addressed in the conditions recommended for this request. He also stated that the utilities will have to be separated with the lot division, which the petitioner is working with the City on this issue. Improvements to the parking lot are also proposed and Mr. Buck reviewed the landscaping plan for the addition of islands in the parking lot. Due to the location of the existing detention facilities for the site, staff is recommending that two of the proposed landscape islands be relocated and one additional island be added to the site. The site will still function as it does currently and a certified survey map will be required to be submitted for administrative review and approval to complete the lot division. He also reviewed the conditions recommended for this request. Mr. Borsuk questioned if the acreage for the parcel just included the two lots on the request. Mr. Buck responded affirmatively. Mr. Borsuk commented that the detention facilities were constructed years ago and questioned if the redevelopment of the site would trigger the more current storm water management requirements. He expressed concern that once divided the area triggers for stormwater improvements in the future would be affected and asked if both proposed lots could be treated as a single development entity in regard to future storm water regulations. __________________________________ Plan Commission Minutes 4 April 1, 2014 Mr. Buck replied that a condition could be added to the Plan Commission’s recommended conditions to address this concern. Steve Gohde, Assistant Director of Public Works, stated that according to his discussions with the petitioner, they intend to stay under the threshold that would trigger the new storm water management standards although he would like to look at it as one development instead of two separate developments in the future. Motion by Mr. Borsuk to amend the conditions for this request to add a condition that Lot 1 and Lot 2 be considered as one development entity for purposes of storm water management triggers necessitating compliance with ordinance standards. Seconded by Thoms. Motion carried 7-0. Motion by Borsuk to approve the land division and planned development for property located at 1935-1989 South Koeller Street with the following conditions: (a) Base Standard Modification (BSM) to allow the creation of a lot without access to a public street. (b) Cross access, parking and maintenance agreements between the two lots must be provided and recorded with the Register of Deeds, as approved by the Department of Community Development. (c) Storm water management and maintenance agreements between the two lots must be provided and recorded with the Register of Deeds, as approved by the Department of Public Works. (d) Base Standard Modification (BSM) to allow 0 foot side yard setback for the building, drives and parking stalls between proposed Lots 1 and 2. (e) Base Standard Modification (BSM) to allow off-premise advertising for uses located within the Oshkosh Shopping Center on the multiple tenant sign located at the southwest corner of proposed Lot 1. (f) Relocation of parking lot landscape islands to the center of the two internal parking rows on the northern side of the parking lot and add an additional landscape island at the northernmost parking row end closest to the building. (g) Lot 1 and Lot 2 to be considered as one development in regard to storm water management requirements. Seconded by Propp. Motion carried 7-0. IV. PLANNED DEVELOPMENT APPROVAL TO PERMIT MANUFACTURED HOME SALES AND DISPLAY AT 3596 STEARNS DRIVE The petitioner is requesting Planned Development approval to operate a manufactured housing sales and outdoor display operation on portions of the property at 3596 Stearns Drive currently used for outdoor storage. Specifically, the petitioner is now requesting to display one (previously three) manufactured home on the property for sale purposes. This request was laid over from October 1, 2013 by the Plan Commission to require the applicant to submit a landscaping plan for the development. The applicant has now significantly changed the development proposal and is now requesting approval of the modified request. Mr. Buck presented the item, which originally came before the Plan Commission in 2013, requesting approval for display of three model homes which was subsequently laid over by the Commission for the submission of landscaping plans. He reviewed the site and surrounding area as well as the zoning __________________________________ Plan Commission Minutes 5 April 1, 2014 classifications and land uses in the area. He also reviewed the original site plan and the revised version as well as photos of the subject site. The photos depicted the landscaping currently existing on the site and Mr. Buck discussed how the site would function with the new operation. He also discussed that the outdoor storage area would be less visible from the highway with this reconfigured plan and reviewed elevations for the model home and a photo of the home to be displayed initially. He also reviewed the conditions recommended for this request. Mr. Borsuk inquired if there was any information regarding the building materials for the fencing. Mr. Buck indicated that the petitioner was proposing to use the existing solid cedar fence that was currently on the site. Mr. Borsuk questioned if the petitioner proposed to install any landscaping around the model home. Mr. Buck responded negatively and stated that there was existing landscaping on the site but that the conditions were requiring that the gravel storage yard area being redeveloped be re-turfed with grass. Ms. Propp inquired if there would be grass area around the model home. Mr. Buck responded affirmatively. Mr. Cummings questioned if there was any information submitted regarding signage for the site. Mr. Buck replied that signage had not been discussed and any proposed signage for the site would be required to meet code standards for the C-2 district. Mr. Bowen asked to confirm that customers will be accessing the existing parking lot for the site and going through the building to access the model home area and that they would not be parking on Stearns Drive to view the home. Mr. Buck responded affirmatively and stated that there would be no parking on Stearns Drive for that purpose. Dan Dowling, 3596 Stearns Drive, stated that he was present for any questions. Mr. Borsuk inquired if current access to the enclosed outdoor storage yard would be gated. Mr. Dowling responded affirmatively and stated that the storage area is and would remain fully enclosed. Mr. Borsuk questioned if the petitioner would have any objections to have additional landscaping placed around the model home. Mr. Dowling responded that he would not object. Mr. Borsuk requested to add an additional condition to this request to require landscaping to be installed around the model home display to the satisfaction of the Community Development Department. __________________________________ Plan Commission Minutes 6 April 1, 2014 Motion by Borsuk to approve the planned development to permit the proposed manufactured home sales and display at 3596 Stearns Drive with the following conditions: 1) Grading and drainage approval by the Department of Public Works for the new development area. 2) Model home to be placed on hard surfaced concrete pad to be approved by the Inspections Division. 3) Former gravel storage yard area to be re-turfed with grass. 4) Model home to be placed in full contact with the pad. 5) Additional landscaping is provided around model home with approval of the Department of Community Development. Seconded by Bowen. Motion carried 7-0. There being no further business, the meeting adjourned at approximately 4:37 pm. (Cummings/Propp) Respectfully submitted, David Buck Principal Planner