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HomeMy WebLinkAbout1996-Minutes (Plan Commission - split lot approved)O/HKO/H ON THE WATER CITY OF OSHKOSH PLAN COMMISSION MINUTES ' May 7, 1996 Commissioners Present: Andrew DeWitt, Steven Gehling, Kenneth Krohn, John Ruppenthal, Thomas Sitter, John Stenz. Excused: David Borsuk, Edythe Horn, Don Pressley, James Smith Staff: Bruce A. Roskom, Principal Planner; Jackson R. Kinney, Director of Community Development; Patricia Wendorf, F~ecording Secretary. Chairman Ruppenthal called the meeting to order at 4:00 P.M. Roll cai was taken and a quorum declared present. Mr. Gehling stated the motion made under Proposal #1 of Item II on page 2 should be amended as follows: Motion by Smith for one (1) over-story deciduous shade, coniferous, or ornamental for every four thousand five hundred (4,500) square feet of all residential, commercial, and industrial development area. Retaining Section 30-36(B)(6)(c) relative to parking. The m~nimum required size of ornamental tress shall be 1¼ inch. The trees Ailanthus-Tree of Heaven, Box Elder, Cottonwood, and Willow shall be identified as "Prohibited Trees", and all other remaining trees currently identified in the Zoning Code shall be identified as "Unsuitable Trees". The minimum height requirement of shrubs will remain at twelve (12) inches. Seconded by Stenz. Motion carried 8-0. The minutes of April 2 1996, as amended above, were approved. I: LAND DISPOSITION / WISCONSIN CENTRAL RAILROAD - FROM APPROXIMATELY WEST 17TH AVENUE TO WEST 4TH AVENUE - FROM THE NORTH SHORE OF THE FOX RIVER TO PEARL AVENUE & FROM SCOTT AVENUE TO MOUNT VERNON STREET - City Administration City Administration requests the Plan Commission review and approve a land disposition of the old Wisconsin Central Railroad line ~n various locations between West 20th Avenue on the south and Nevada Avenue on the north, as shown on the attached maps. Mr. DeWitt expressed concern with the land disposition of the Marion Street area and inquired if staff knew what the land use would be in that area. PLAN COMMISSION MINUTES PAGE -2- MAY 7, '1996 Mr. Kinney stated thef'e has been interest by two adjoining industrial concerns (Lamico and Wisconsin Automated Machinery Corp. in working together to get additional property for their companies. He stated there has been little interest by Mercury Marine for that section of Marion Road to the Fox River. Mr. DeWitt stated that is a different direction than what the Comprehensive Plan proposed. He inquired if it wouldn't be better to have them enter into a 20 year lease instead of giving them title to the property. Mr. Kinney stated that little bit of corridor area would give those industrial uses more breathing space and stated the best thing would be to respond to their needs in the short term. Mr. Gehling inquired as to the parcel next to the Fox River - would that be opened to the public. Mr. Kinney stated Mercury Marine owns the property on both sides of that parcell but he did not see them using that land for their existing operation. Mr. Gehling inquired if a third party could utilize that parcel. Mr. Kinney stated it is not a buildable parcel and there are utility lines running along part of that and that would constrict building. Mr. Gehling inquired if the City has control over who that property would be sold to. Chairman Ruppenthal stated ownership will remain with the City until someone makes an offer and it is accepted by the City. Mr. Frueh stated Lamico is very desirous of purchasing the property for expanding their operation. The City has held joint meetings with Firstar Bank, Wisconsin Automated Machinery Corp., and Lamico to divide the land up for purchase as in the best interest of the City. Motion by Stenz for approval of the land disposition of the lands identified as the old Wisconsin Central Railroad as identified by the attached maps as requested. Seconded by Gehling. Motion carried 6-0. I1: EXCHANGE QUIT CLAIM DEEDS/EASTERLY TERMINI OF WINNEBAGO AVENUE - City Administration City Administration requests Plan Commission review and approve an exchange of quit claim deeds between the City of Oshkosh and the American Legion for property located at the easterly termini of Winnebago Avenue. Mr. Frueh gave a brief history of the property at issue. He stated the Oshkosh Yacht Club sold the property to the American Legion who now owns the property. The question remains who owns the breakwater. With the controversy as to ownership, a scenario such as since the iLegion rents boat slips and if an individual was on the right-of-way and destroyed some boats, who would be responsible - the City or the Legion. He stated the Legion and City have worked together to come to the arrangement of exchanging the quit claim deeds which would give the breakwater and right-of- way beyond the 66 ft. frontage at Winnebago Avenue to the Legion, and would give the City a 66 ft. frontage at the shoreline at the easterly termini of Winnebago Avenue. The City would be installing a pedestrian gate to avoid vehicles using said right-of-way. PLAN COMMISSION MINUTES PAGE -3- MAY 7, 1996 Chairman Ruppenthal inquired if the City had any thoughts as to installing a boat ramp or dock at the end of the 66 ft. frontage and Mr. Frueh stated they had not. Chairman Ruppenthal inquired as to landscaping. Mr. Frueh stated the Legion and City have entered into a "gentlemen's agreement": the Legion will take care of the landscaping and if they do not carry through with the agreement, the City will make sure the area is landscaped appropriately. Mr. Stenz inquired if all lake property was State owned and if so, how far out could someone build. Mr. Frueh stated now a days, they could only build about an inch. Under Wisconsin laws, the State owns the bottoms of lakes and back then when they built this breakwater, the DNR and State was not concerned that the Yacht Club created land from out of the bottom of the lake. Donald Gudmanson, 1110 Evans Street, Commander of the Legion, concurred with Mr. Frueh that the Legion would be responsible for landscaping the area. He expressed concern with the possibility of the street being paved and vehicles entering the area. He suggested reflectors be put on the gate to alert drivers they are not to drive past the pedestrian gate. Jeanette Albright, 354 Legion Place, stated barriers could be put up to deal with any problems or any one driving past the 66 ft. frontage. Edward Paulick, representing the American Legion, stated in 1956 or 1958, they obtained proper permits from the Department of Natural Resources (DNR), and said permits are on file at their office. Jake Albright, 354 Legion Place, distributed a letter from the Oshkosh Yacht Club dated May 1, 1996 (said letter on file at the City Planning office) stating opposition to the City using the 66 ft. frontage for a public fishing area. Mr. Albright also distributed a letter from Jeanette Albright (said letter on file at the City Planning office) requesting the Plan Commission to either give all of the property to the Legion or give the smaller piece (66 ft. frontage) to the Albrights, as she felt they deserved the land because they have taken care of the landscaping for a number of years. Mr. Albright stated the City talked about replacing shrubs and doing landscaping at the cul-de-sac and nothing has been done to date. Mr. Frueh stated if the City promised landscaping and/or replacing shrubs, it will be done. Due to weather conditions, such as they are, they may just be a delay in accomplishing same. Mrs. AIbright inquired if the City would be installing a fishing dock on the breakwater to the south and Mr. Frueh stated that would be impossible, but noted there is no assurance that forever there would never be any public facility there. Mr. Frueh stated the Albrights have to take reasonable steps to prevent public access onto their property. Don Arne, Island View Drive, stated for the past 6-7 years, he has maintained breakwater all around his property and would continue to take care of that responsibility. He stated the idea of a park area for families is a better area than using Legion property. He would recommend that parking on Winnebago Avenue be dealt with. If parking is allowed on Winnebago Avenue, turn arounds would not be feasible. He stated this exchange of quit claim deeds is a good step for the City and American Legion to take and recommends approval. Mr. Frueh stated the Albrights, City, and American Legion should understand there are only two ways a land line can be established. One is a Judge making that determination and the second, is abutting property owners agree on same. As to the Albrights, on the Leach's map it is undetermined the Albrights' own a projection of land into the breakwater; the Albright's need to go into Court to determine that lot line. PLAN COMMISSION MINUTES PAGE -4- MAY 7, 1996 Mr. Gehling stated this is a good proposal. There are a bunch of kids that go out onto that point and having an outlet will allow people to hang a fishing line, thereby protecting the area where the boats are. Motion by Smith for approval of the exchange of quit claim deeds as requested. Seconded by DeWitt. Motion carried 6-0. ~ fr!~*~"E~O~~AND 633 WEST 4TH AVENUE - Ralph Fischer, owner Reinhard Roehlig, petitioner , THERE WAS NO DISCUSSION ON THIS ITEM BY PLAN COMMISSION MEMBERS OR CONCERNED CITIZENS. i Motion by DeWitt for approval of a lot division for property commonly known as 63'i, 631A and 633 West 4th Avenue. Seconded by Sitter. Motion carried 6-0. IV: LOT DIVISIONI1806 DOTY STREET - Thomas Williams and Jeanne Walter~, owners/petitioners Thomas Williams and Jeanne Walter; owners/petitioners, request the Plan Commission review and approve a lot division for property commonly known as 1806 Doty Street. THERE WAS NO DISCUSSION ON THIS ITEM BY PLAN COMMISSION MEMBERS OR CONCERNED CITIZENS. V.' Motion by Stenz for approval of the lot division with the condition that the existing utility shed be removed or relocated to a code compliant location prior to placement of approval signatures on the CSM. Seconded by DeWitt. Motion carried 6-0. LOT DIVISION/WEST OF AND ADJACENT TO 1120 MALLARD AVENUE ~ Nicolet Investments, owner; Sally Struensee, petitioner Nicolet Investments, owner, by Sally Struensee, petitioner, requests the Plan Commission review and approve a lot division for property located west of and adjacent to 1120 Mallard Avenue. Bruce Bartel, 2124 Hazel Street, stated he has no idea what the owner/petitioner's intention is if they do split the lots and inquired if the Mallard lot was big enough for an apartment duplex. He stated he is paying high taxes for lake frontage property and he should be able to see what the neighbor's plans are and how that will affect his neighborhood. Chairman Ruppenthal stated the owners/petitioners have to comply with all regulations like everyone else or they would not be able to obtain building permits. Mr. Sitter inquired under R-2 zoning, singlefamily or two family dwellings per lot are permitted, but no more than twO units. Mr. Kinney stated the minimum lot width is 60 ft. and the minimum lot area is 7,200 sq. ft. They would have to meet setbacks and put up a building within the building envelope. Terry Toraason, 1125 Mallard Avenue, inquired because of the irregular lot lines, if 4-5 years down the road there could be a discrepancy in boundaries. Chairman Ruppenthal stated that would not happen because the Certified Survey Map is recorded at the Register of Deeds office at the County Court House. PLAN COMMISSION MINUTES PAGE -5- MAY 7, 1996 Motion by Stenz for approval of the lot division for property located west of and adjacent to 1120 Mallard Avenue, as requested. Seconded by Gehling. Motion carried 5,~ (AYES: DeWitt, Gehling, Krohn, Ruppenthal, Stenz; NAYS: Sitter). VI: PLANNED RESIDENTIAL DEVELOPMENT PLAN/FINAL DEVELOPMENT PLAN/SOUTHEAST CORNER OF JACKSON STREET (USH "45") AND SUNNYVIEW ROAD (COUNTY ROAD "Y") - Thomas N. Rusch, owner/petitioner Thomas N. Rusch, owner/petitioner, requests the Plan Commission review and approve a Conditional Use Permit (CUP) for a Planned Residential Development/Final Development Plan for construction of three multiple family dwellings, three detached garages, and associated parking facilities for property located on the southeast corner of Jackson Street (USH "45") and Sunnyview Road (County Road ,,y,,). Mr. DeWitt inquired as to what type of buildings were located along Soda Creek Rd, Mr. Roskom stated they were 4-unit apartments. Mr. Kinney stated the C-1 PD zoning was requested at the time of annexation and it is the owners/petitioner's prerogative to retain the existing zoning or change it to R-3 Multiple Dwelling District zoning, and since he went through the Planned Development review, he decided to keep the zoning the same as was requested at the time of annexation. Mr. Sitter inquired if the only access was off Sunnyview Drive and Mr. Roskom stated that was correct. Motion by Stenz for approval of a Conditional Use Permit for a planned development and final development plan with the following conditions: That the developer submit a landscape plan at the time of permit request for review and approval by the Department of Community Development, and that the landscaping be installed prior to issuance of an occupancy permit. That no driveway access be permitted from Jackson Street. That the. site be developed in accordance with the attached development plan. That the development site be added to the Sewer Service Area prior to issuance of permits. Seconded by DeWitt. Motion carried 6-0. VII: REZONING, PLANNED DEVELOPMENT PLAN REVIEW & LOT DIVISION - Commonwealth Development Corporation, owner; Daniel C. Clumpner, petitioner Daniel C. Clumpner, petitioner, on behalf of Commonwealth Development Corporation, requests the Plan Commission review and approve a rezoning from C-2 Light Commercial to C-2 PD Light Commercial Planned Development; approve the Development Plan for a retail store and associated parking facilities; and, a lot division, for property located on the north side of USH "44", west of South Koeller, and adjacent to 2175 and 2185 South Koeller Street (Aviation Plaza). Mr. DeWitt stated this proposal is very appropriate for the area. Mr. Krohn stated he noted this development is already under construction and inquired as to landscaping. PLAN COMMISSION MINUTES PAGE -6- MAY 7, 1996 Mr. Kinney stated staff would like to see a good quality landscaping on this site to give positive direction to Wal-Mart and Aviation Plaza and see that kind of landscaping can carry over to adjoining properties. Motion by Stenz for approval of the rezoning from C-2 Light Commercial to C-2 PD Light Commercial Planned Development as requested and a further motion for approval of the Planned Development Plan and a lot division with the following conditions: That the owner/petitioner completely install landscaping prior to issuance of occupancy permits. That the cross parking/access agreement be resubmitted to the City for review and approval prior to the placement of approval signatures on the Certified Survey Map, or show evidence that the agreement would apply to the separately created lots. That all dumpster/trash compactor locations be enclosed with the same architectural material as the proposed building. Seconded by DeWitL Motion carried 6-0. VIII: OPEN AND IMPROVE DEAD-END ALLEY/NORTH OF EAST SMITH AVENUE BETWEEN NORTH MAIN STREET AND JEFFERSON STREET - David Miles, et al; petitioners David Miles, et al, petitioners, request the Plan Commission review and approve the opening and improvement of an existing alley generally located north of East Smith Avenue, between North Main Street and Jefferson Street. Mr. Roskom explained this is an existing alley not being used with an individual Who wishes to use it for access to his lot and who requested that it be opened and improved. Improvement means street improvements such as asphalt. The petitioner thought he could get by with just gravel and that is not the case. All adjacent property owners would be assessed for improvements accordingly if this is granted. Mr. DeWitt stated some individuals signed the first petition for the request, but have since signed another petition rescinding the request. He inquired as to the percentage of property owners that do not wish to have the alley opened and improved. Mr. Roskom stated a good percentage is against the request. Mr. Sitter inquired why the alley should not just be vacated. Mr. Roskom explained the property owners must submit a request for vacation. Laura Marks, 10 E. Smith Avenue, stated objection to the proposal. She stated the previous property owner at 2313 Jefferson had a garage that he was going to make improvements on that faced the alley and the alley needed to be kept open. But over the 26 years that she has lived there, no improvements have been made to the garage and now the present owner wants the alley opened. She stated she and her husband did not want anything done to the alley because it would serve as a private driveway for one property owner and yet, all adjacent property owners would be assessed for the improvements. She also stated there has been a lot of trouble with kids in the neighborhood cutting through their property into the alley and if the kids were aware that it was a public alley, they would have more trouble with the kids. Chairman Ruppenthal inquired if there were any property owners that wanted the alley opened and improved and Mr. Roskom stated, just the petitioner. PLAN COMMISSION MINUTES PAGE -7- MAY 7, 1996 LeRoy Marks, 10 E. Smith Avenue, stated it is not so much as the alley being opened that was a concern, as much as the cost of assessment that was his concern. Ted Boquist, 1513 Elmwood Avenue, owner of 2323 Jefferson, inquired if the alley continued through the whole block and Mr. Roskom stated it did not. Mr. DeWitt stated the property owner at 2310 N. Main Street has planted grass in the alley and stated she would prefer the alley to be vacated. Motion by Sitter for denial of the request that the existing alley be improved with the condition that greater than 50% of the affected property owners sign petitioners requesting the alley improvement and that the usual City street improvement assessment policy apply. Seconded by DeWitt. Motion carried 6-0. IX: ACCEPT STORM DRAINAGE EASEMENT - Department of Public Works The Department of Public Works requests the Plan Commission review and accept a storm drainage easement generally located at the westerly termini of Montclair Place, north of West 20th Avenue. Chairman Ruppenthal stated the neighbors have complained about maintenance of the drainage ditch and inquired if the City is responsible for that maintenance. Mr. Roskom stated that is dependent on the Easement Agreement. Mr. Stenz stated at the time of final plat approval of both the 4th & 5th Additions to Fox Chase Subdivision, a condition of approval was that a grading and drainage plan be submitted and approved. Tim Rusch, 2760 Westmoor Rd., stated the drainage easement will be on the new school property. Mr. Gehling inquired since the area is blocked off by Lot 155, would the drainage go to the north, and Mr. Rusch stated that was correct. Mr. Gehling inquired if Sawyer Creek drained to the north and Chairman Ruppenthal stated it goes to the north and east. Motion bY Sitter for acceptance of all the proposed storm drainage easements as proposed. Seconded by Gehling. Motion carried 5-1 (AYES: Gehling, Krohn, Ruppenthal, Sitter, Stenz; NAYS: DeWitt). There being no further business, the meeting adjourned at 5:10 P.M. Respectfully submitted, Bruce A. Roskom Principal Planner