HomeMy WebLinkAboutMinutes PLAN COMMISSION MINUTES
June 18,2019
PRESENT: Lynnsey Erickson, Thomas Fojtik,Michael Ford,John Hinz,John Kiefer,Justin
Mitchell, Lori Palmeri, Thomas Perry, Kathleen Propp
EXCUSED: Derek Groth
STAFF: Mark Lyons, Planning Services Manager;Jeff Nau, Associate Planner;Brian
Slusarek,Assistant Planner;Mina Kuss, 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 June 4, 2019 were approved as presented. (Hinz/Propp)
I. ACCESS CONTROL VARIANCE FOR REDUCED LATERAL CLEARANCE AT 1222 W.
SOUTH PARK AVENUE
Site Inspections: Report: Mr. Hinz reported visiting the site.
Staff report accepted as part of the record.
The petitioner is requesting an access control variance to permit 30' lateral clearance from W. South
Park Avenue where code requires a minimum 75' lateral clearance.
Mr. Slusarek presented the item and reviewed the site and surrounding area as well as the land
use and zoning classifications in this area. The existing site has two driveway accesses from W.
South Park Avenue. A new parking area is being proposed in front of the office building. The
parking area will be accessed from an existing driveway and as proposed will have a 30' front
setback and lateral clearance. An Access Control Variance (ACV) is required for the lateral
clearance of the new parking area as code requires a minimum 75' lateral clearance. The
Department of Public Works has reviewed the proposal and did not note any concerns. The
parking lot plans will be reviewed for compliance with zoning and storm water requirements
during the site plan review process.
Mr. Fojtik opened up technical questions to staff.
Ms. Palmeri questioned what the driveway would be replaced with once it has been removed. She
asked if it would be replaced with turf.
Mr. Slusarek answered grass or a landscape surface.
Plan Commission Minutes 1 June 18,2019
Mr. Mitchell asked what the intent is of a 75 feet setback.
Mr. Lyons replied the intent is to ensure there is sufficient room for stacking of vehicles as they
would be entering the site.
Mr. Fojtik asked for any public comments and asked if the applicant wanted to make any
statements.
Aaron Johnson(applicant), 2870 Wyldewood Road, explained this has been on ongoing project
since 2017. He said they were not aware of how difficult the parking would be. He said they are
currently working with the city on creating a parking lot. He explained there was an existing
apron and curb when they purchased the manufacturing facility. He stated the reason for the
variance is to be able to put a parking lot in front of the building for Star Protection and Patrol.
There were no other public comments on this item.
Mr. Fojtik closed public comments and asked if the applicant wanted to make any closing
statements.
There were no closing statements from the applicant
Motion by Ford to adopt the findings and recommendation as stated in the staff report.
Condition:
1. Gravel driveway/entrance to the southwest of existing driveway must be removed.
Seconded by Propp.
Mr. Fojtik asked if there was any discussion about the motion.
There was no discussion on the motion.
Motion carried 9-0.
II. EXTRATERRITORIAL THREE-LOT LAND DIVISION/CERTIFIED SURVEY MAP AT
THE SOUTH 3900 BLOCK OF BROOKS ROAD IN THE TOWN OF OSHKOSH
Site Inspections: Report: No commissioners reported visiting the site.
Staff report accepted as part of the record.
Plan Commission Minutes 2 June 18,2019
The petitioner is seeking approval of a three-lot land division/Certified Survey Map (CSM) from
two existing lots located at the south 3900 Block of Brooks Road, approximately 1/2 mile west of
County Road T in the Town of Oshkosh. Sizes of the proposed lots are as follows:
Lot 1 =217,800 sq. ft. (5.000 Acres)
Lot 2= 1,213,907 sq. ft. (27.867 Acres)
Lot 3= 1,355,250 sq. ft. (31.112 Acres)
Mr. Nau presented the item and reviewed the site and surrounding area as well as the land use
and zoning classifications in this area. The purpose of this land division is to create a five acre lot
which is proposed to be developed with a single-family house and outbuilding. A 66-foot strip of
land is present between the east line of proposed Lot 1 and Lot 1 of Certified Survey Map 7172 that
will enable roadway access to the southerly acreage should that area develop in the future. The
proposed land division will not immediately alter the existing land use patterns in the area. At
this time Proposed Lots 2 and 3 will continue to be used for agricultural purposes. The
Department of Public Works has reviewed the proposed three-lot land division and did not have
any additional concerns.
Mr. Fojtik opened up technical questions to staff.
Mr. Mitchell stated the Comprehensive Plan talks about the importance of agriculture preservation
and farming preservation and specifically cites it as critical. He said it also references data that
shows an average of a 10%loss in farmland in Winnebago County within the last decade. He said
the proposed request does make sense. He asked what actions the department or City Hall has
taken to preserve farmland.
Mr. Lyons said the request is an extraterritorial request. He explained the city is required by state
law to do an extraterritorial review but the City's authority to do so is extremely limited. He
explained the City's review is mainly based on if the request is consistent with the land use listed
in the Comprehensive Plan. He said the city does not have a specific farmland preservation
ordinance or policy. He explained four or five years ago the city had more authority for
extraterritorial subdivisions and platting but most of that has been taken away under the state law.
He said they are very limited to what they can review for extraterritorial items.
Mr. Mitchell asked when an area of farmland is removed,is there a protocol to make up that
farmland use in other areas.
Mr. Lyons replied there is not a protocol.
Mr. Mitchell asked if there is a database that tracks the amount of farmland loss.
Mr. Lyons replied there is not because it is not something they have statutory control over and
cannot regulate.
Plan Commission Minutes 3 June 18,2019
Mr. Mitchell stated it is in the Comprehensive Plan that farmland is very important and the city
will work to preserve it.
Mr. Lyons explained it is the difference in some of the recommendations in the Comprehensive
Plan and the state law which specifically references land use within the Comprehensive Plan.
Mr. Fojtik stated this request is common because people are getting out of the farming business.
Mr. Mitchell said he would be curious to review some of the strategies communities use to
implement farmland preservation. He stated he cannot believe this is unique to Winnebago
County.
Mr. Lyons said there are communities that have agriculture standard ordinances which defines
minimal lot sizes of subdivisions when it comes to agricultural properties. He asked Mr. Nau if
Winnebago County has a minimum lot size.
Mr. Nau replied he believes it is five acres in the A-2 county zoning.
Mr. Lyons said for example the county has adopted what they call their agricultural standard. He
said Winnebago County does not want to see any lots that are less than five acres within the
agricultural zonings.
Ms. Palmeri said the Comprehensive Plan references loss of farmland.
Mr. Mitchell commented it states a 5.2%loss over five years.
Ms. Palmeri said the numbers must be tracked elsewhere since there is data in the Comprehensive
Plan.
Mr. Lyons explained East Central Wisconsin Regional Planning Commission tracks a lot of the
information but the city specifically does not. He said it is definitely something they could look
into and investigate further.
Mr. Fojtik asked for any public comments and asked if the applicant wanted to make any
statements.
There were no statements from the applicant
There were no public comments on this item.
Mr. Fojtik closed public comments and asked if the applicant wanted to make any closing
statements.
There were no closing statements from the applicant
Plan Commission Minutes 4 June 18,2019
Motion by Propp to adopt the findings and recommendation as stated in the staff report.
Seconded by Kiefer.
Mr. Fojtik asked if there was any discussion about the motion.
There was no discussion on the motion.
Motion carried 9-0.
III. GILMAN ANNEXATION FROM THE TOWN OF OSHKOSH,575 W. SNELL ROAD
Site Inspections: Report: Mr. Hinz reported visiting the site.
Staff report accepted as part of the record.
The petitioner is proposing direct annexation (by unanimous approval) of approximately 0.503
acres of land currently located at in the Town of Oshkosh.
Mr. Nau presented the item and reviewed the site and surrounding area as well as the land use
and zoning classifications in this area. The petitioner requests approval of the Gilman Annexation
(by unanimous approval) in the Town of Oshkosh. They request the property be annexed with a
Single Family Residential-3 (SR-3) District zoning classification. The purpose of the annexation is
for the property to obtain city sanitary sewer due to a failing on-site sewerage system. The home
will also connect to city water. The Department of Public Works has reviewed the request and
reported that City sanitary sewer and water main were constructed in front of the property in 1984
and 2002, respectively. Oshkosh Fire and Police Departments have reviewed the annexation
request and do not have any concerns with providing services to this property.
Mr. Fojtik opened up technical questions to staff.
Ms. Palmeri asked what the red and white dash lines meant.
Mr. Nau explained it is a zoning district boundary but in this area specially, it basically serves the
same thing as the city/town boundary. He said it is pocketed in and out because properties along
W. Snell Road are slowing annexing into the city as septic systems start to fail.
Ms. Palmeri asked if the city would be bringing in a less dense zoning from the town.
Mr. Nau explained the county's zoning has a different base standard than the city but the zonings
are very similar. He said the county zoning and city zoning are comparable as far as density
requirements and recommendations.
Ms. Palmeri asked if the SR-3 would allow a duplex or triplex.
Plan Commission Minutes 5 June 18,2019
Mr. Nau explained it is a single-family district which only allows single-family uses by right. Mr.
Nau explained the number at the end of the zoning district relates to the density. He said the
requested zoning district is consistent with other properties in the area and the Comprehensive
Plan.
Ms. Palmeri asked how the city will meet some of the increased density objectives if they keep
bringing in less dense properties into the city.
Mr. Nau replied areas like the one requested are already developed. He explained there is not a lot
of opportunity to increase the residential density in the area. He said typically redevelopment of
this area is not expected because the area is already established.
Mr. Lyons said generally in situations like this, the city is trying to match their equivalent zoning
district to the existing land use pattern of the area. He explained when it comes to larger
annexations, they would look at what is the appropriate land use and density for the development.
He said in this particular case of a failing septic system,the area is an already developed
residential subdivision and the city is just trying to match the zoning to the surrounding area's
zoning.
Mr. Ford asked for verification on the zoning in the area.
Mr. Lyons pointed out and verified the zoning for the nearby areas.
Mr. Fojtik asked if there were any public comments and asked if the applicant wanted to make any
statements.
There were no statements from the applicant
There were no public comments on this item.
Mr. Fojtik closed public comments and asked if the applicant wanted to make any closing
statements.
There were no closing statements from the applicant
Motion by Propp to adopt the findings and recommendation as stated in the staff report.
Seconded by Mitchell.
Mr. Fojtik asked if there was any discussion about the motion.
There was no discussion on the motion.
Motion carried 9-0.
Plan Commission Minutes 6 June 18,2019
PLANNING DIRECTOR'S REPORT
Discussion on Extraterritorial Zoning Committee Appointments
Mr. Lyons explained the Extraterritorial Zoning Committee (EZC) is made up of members from the
City of Oshkosh Plan Commission and Town of Algoma. He said there are two vacancies due to
recent changes in Plan Commission members. He asked if any Plan Commission members were
interested in filling the vacancies.
Mr. Hinz volunteered to become a full member.
Mr. Ford and Mr. Kiefer volunteered to be alternates.
There being no further business, the meeting adjourned at approximately 4:26 pm. (Hinz/Propp)
Respectfully submitted,
Mark Lyons
Planning Services Manager
Plan Commission Minutes 7 June 18,2019