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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