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HomeMy WebLinkAboutMinutes__________________________________ Plan Commission Minutes 1 October 21, 2014 PLAN COMMISSION MINUTES October 21, 2014 PRESENT: Ed Bowen, Thomas Fojtik, Gary Gray, Robert Vajgrt, Karl Nollenberger EXCUSED: David Borsuk, Jeffrey Thoms, John Hinz, Steve Cummings, Kathleen Propp, Donna Lohry STAFF: Darryn Burich, Director of Planning Services; David Buck, Principal Planner; Jeffrey Nau, Associate 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 October 7, 2014 were approved as presented. (Vajgrt/Nollenberger) I. PLANNED DEVELOPMENT REVIEW TO ALLOW DEVELOPMENT OF AN OFFICE/RETAIL BUILDING AT THE SOUTH INTERSECTION OF WESTOWNE AVENUE AND NORTH WASHBURN STREET The petitioner requests development plan approval for the development of an office/retail building and accessory parking lot at the south side of the intersection of Westowne Avenue and North Washburn Street. This item was brought before the Oshkosh Plan Commission on August 19, 2014 where it received a recommendation of approval with a condition of releasing a 20 foot sanitary sewer easement which runs along the west and south property lines. The petitioner was unable to work with the Algoma Sanitary District to release the easement and subsequently withdrew the item before review by the Common Council. The applicant has amended the building design and site plan in such a way that it now includes an encroachment in the sanitary sewer easement area that is acceptable to the Algoma Sanitary District but differs from the original application, thereby requiring a new planned development review/approval. Mr. Buck presented the item and discussed the issues with the last submittal relating to the sanitary sewer easement and reviewed the site and surrounding area as well as the land use and zoning classifications in said area. He reviewed the original site plan as well as the revised plan and stated that the building was being shifted as far as possible to the east and was down sized to remove it from the easement area. He reviewed the base standard modifications for the development and the increase of the requested structure’s front yard setbacks by staff to reduce the requested base standard modifications for the development. He also discussed access to the site, parking requirements, and landscaping plans for the development. Storm water will be directed to the detention basin on the neighboring Lowes site and the development will encroach into the existing Algoma Sanitary District’s sanitary sewer easement however the District has reviewed and recommends approval of the project as proposed. Mr. Buck also reviewed the elevations and walls signs for the development as well as the conditions recommended for this request. __________________________________ Plan Commission Minutes 2 October 21, 2014 Eben Johnson, 5888 Lakewind Drive, requested that the Plan Commission consider leaving the building’s front yard setback at 20 feet from the lot line as originally proposed. He stated that this would provide extra green space and that there was extra green space to the west of this site as well. He also had concerns with the buildability of the site as the current allowed setback recommended by staff would only provide for four feet of room to maneuver during construction of the development. He also does not want the front entry way to appear to be too crowded as first impressions at the entrance are important. He further stated that the Holiday Inn has a 20 foot setback from the lot line which would line up similar to his development and he discussed this matter with the adjacent property owner, Peter Jungbacker, and he does not have any issues with it. The decreased front yard setback would also allow for more visibility and he would like to have the Plan Commission approve his development with the setbacks he initially requested. He also stated that he would like to utilize an affidavit of correction rather than a certified survey map to change the parcel’s status from an outlot to a buildable lot. Mr. Buck stated that the staff’s recommendation to provide an additional four feet of front yard setback by pushing the building back with the reduction of the sidewalk on the south side of the building would not change the functionality of the site and staff’s intent was to reduce the base standard modifications as much as possible without affecting functionality. Mr. Gray questioned what the difference was between an affidavit of correction and a certified survey map. Mr. Buck responded that the difference was that the affidavit was an instrument of correction and the certified survey map was to create a new lot. He would have to look into which document would be an acceptable form and the difference to the petitioner would be the costs as a certified survey map was more expensive than the affidavit of correction. Motion by Vajgrt to approve a planned development to allow an office/retail building at the south intersection of Westowne Avenue and N. Washburn Street with the following conditions: 1. A certified survey map or other instrument that changes the parcels status from outlot to a regular lot be created and recorded with the Register of Deeds. 2. Base standard modifications to allow the buildings front yard setback to be 24 feet and the east side yard setback to be five feet. 3. Base standard modification to allow the parking lot east side yard setback to be 1 foot. 4. All improvements located in the sanitary sewer easement receive approval of the Algoma Sanitary District. Seconded by Bowen. Motion carried 5-0. II. CONDITIONAL USE PERMIT AND LAND USE REVIEW AT 2340-2350 STATE ROAD 44 Two actions are requested within this request: A. The petitioner requests confirmation that proposed land use is consistent with City of Oshkosh Universal Business Park: Restrictions and Covenants. In particular, the Plan Commission will be asked to make a finding that the proposed use is “harmonious and compatible” with existing and proposed uses in the area per Section 2 (C) of the Universal Business Park Covenants. __________________________________ Plan Commission Minutes 3 October 21, 2014 B. The petitioner requests approval of the Conditional Use Permit to permit development of a drive-thru restaurant. Mr. Krumenauer presented the item and explained the two actions that were necessary for this request. He explained that restaurant uses were not an outright permitted use in the Universal Business Park due to the covenants and reviewed the site and surrounding area and the parcel proposed to be developed with approval of this request. He also reviewed the area that comprises the Universal Business Park and the current land uses and zoning classifications in this area. He indicated that there are not any restaurants or drive-thru establishments in this area now and that there were some vacant parcels however most of the lots have been developed however there has been a large decline lately with current economic conditions. He also discussed the Highway 41 exit ramps and the restaurant uses that occupy areas along these ramps other than in the area of Highway 44. He discussed the Universal Business Park’s current uses and if this use would be appropriate. He also discussed the Business Park’s standards in the Green Bay area which has made allowances for these types of uses and stated that the Plan Commission was requested to make a determination if this development was harmonious and compatible with existing and proposed uses in the area as part of the Universal Business Park Covenants. He reviewed the site plan and conceptual landscape plan which meets all the required setbacks with the exception of the ground sign which will be addressed at the Site Plan Review Committee level. He discussed the functionality of the site and the parking provided for the development and the Wisconsin Department of Transportation’s, (WIDOT), requirement to place the driveway directly north of an existing driveway necessitating an access control variance as it does not meet the required distance separation between driveway accesses and there is only one to two feet variation from this requirement that would be possible. He also discussed the cross access agreement that would be required for the second driveway which will be connecting to the existing development to the west and the additional access control variance necessary for the construction of the driveway. He reviewed renderings of the ground sign proposed for the development as well as renderings of the structure. He displayed the proposed wall signage for the development and explained that the Universal Business Park covenants only allow for one wall sign per structure therefore the logo sign on the side of the structure would not be allowed. He discussed the landscape plans for the development which are conceptual at this point but would be reviewed and approved at the Site Plan Review Committee level. He also displayed other renderings of existing structures in the Universal Business Park and explained the difference in materials for this development but that overall it would meet the aesthetic qualities and colors required by the standards included in the Universal Business Park covenants. He discussed the storm water easement and agreements that would be required and the relocation of the dumpster enclosure to remove it from the storm water management facilities. These features of the development would all be reviewed at the Site Plan Review Committee as well. He reiterated that this proposal would require two actions by the Plan Commission to find the use consistent and harmonious within the Universal Business Park and approval of the conditional use permit for the drive-thru restaurant use. He also reviewed the conditions recommended for this request. Mr. Nollenberger questioned if this request would require two separate motions for the two actions noted. Mr. Burich responded affirmatively. Mr. Buck added that the motion to find the land use harmonious and compatible would need to be voted on first. __________________________________ Plan Commission Minutes 4 October 21, 2014 Mr. Bowen requested clarification on the access control variance for the distance between the driveways. Mr. Krumenauer displayed on the site plan where the driveways would be located and why the access control variance was necessary. Steve Gohde, Assistant Director of Public Works, stated that the code section referenced in the staff report was a city code requirement and not a WIDOT requirement. Mr. Bowen inquired if the City would permit the 105 foot separation between driveways by approving the access control variance, would the state still allow this. Mr. Gohde responded that the State requires the driveways to be adjacent on State Road 44 but they do not have requirements regarding the separation distance. Mr. Burich added that WIDOT has already reviewed the driveway placement. Mr. Krumenauer added that WIDOT has not only reviewed the driveway location but has also approved it. Mr. Gray questioned if the lot is being divided into two lots, if a certified survey map should be submitted for approval first. Mr. Burich responded that this would be addressed at a later date. Mr. Gray requested clarification of the two access control variances relating to the driveways and what the difference was between the two conditions. Mr. Krumenauer explained that the first access control variance was to allow 105’ of separation in distance between two different driveways and the other variance relates to the construction of the driveway for this development. In essence, one variance would be necessary to allow the location of the driveway and the other is to allow a different driveway style. Mr. Burich added that the driveway is mistakenly listed in the conditions of the staff report as a Class III driveway which is for truck traffic and the condition needs to be corrected to a Class II driveway. Mr. Gray commented that if the other conditions are reviewed by the Site Plan Review Committee would that also apply to the building and landscaping issues that are set forth in the Universal Business Park Covenants and Restrictions. Mr. Krumenauer responded affirmatively. Tom Scharpf, 1621 Maricopa Drive, stated that he owns the land proposed to be used for this development and he had reached out to all the businesses in the area regarding this proposal prior to it coming before the Plan Commission and most of the responses were favorable. He also contacted the business directly east of the site and their response was favorable as well. Motion by Vajgrt to approve the finding that the proposed use at 2340-2350 State Road 44 is “harmonious and compatible” with existing and proposed uses in the area per Section 2 (C) of the Universal Business Park Covenants and Restrictions. __________________________________ Plan Commission Minutes 5 October 21, 2014 Seconded by Nollenberger. Mr. Krumenauer read an email from David Borsuk who could not be present today regarding his opinion of the proposed use which he felt was not compatible with adjacent uses in the Universal Business Park and his concerns with upholding the covenants in this area to protect both existing and future property owners in the park. He also voiced his concern that the upgrading of the gateways to our community was in process and this use does not adhere to these desires. He also suggested that if this proposal received approval that the building be constructed in a manner to be consistent with immediate neighboring properties and signage should be limited to ground signs only with no wall signage allowed. Motion carried 5-0. Motion by Nollenberger to approve a conditional use permit to allow the development of a drive-thru restaurant at 2340-2350 State Road 44 with the following revised conditions: 1. A landscape plan be submitted for Site Plan Review Committee approval; 2. Cross Access Agreement with 2370 State Road 44 be drafted and recorded with the Register of Deeds; 3. Access Control Variance be permitted to allow for the required driveway spacing as stipulated in Section 25-104.1 (I) (1) to be decreased to within 105’ of existing driveways; 4. Access Control Variance be permitted for the construction of a Class II driveway with three lanes as stated in Section 25-104.1 (H); 5. Dumpster location be moved out of the existing storm water management facility and new location be approved by City of Oshkosh; 6. Storm water management facility easements and agreements be recorded with the Register of Deeds for the shared use of an existing storm water management facility. 7. Variation to the Universal Business Park: Covenants and Restrictions to allow for the placement of an additional wall sign along the east façade of the structure is not approved. Seconded by Vajgrt. Motion carried 5-0. Mr. Bowen left the meeting at 4:46 pm. As there was no longer a quorum, the meeting adjourned at approximately 4:46 pm. Respectfully submitted, Darryn Burich Director of Planning Services