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HomeMy WebLinkAboutMinutes PLAN COMMISSION MINUTES JANUARY 4, 2000 PRESENT: William Bettes, David Borsuk, Steve Gehling, Don Krueger, John Ruppenthal, Jim Smith STAFF: Jackson Kinney, Director of Community Development; Darlene Matulle, Recording Secretary The meeting was called to order by Chairman Ruppenthal. Roll call was taken and a quorum declared present. The minutes of December 7, 1999 were approved as distributed. Chairman Ruppenthal noted that the request by Menard, Inc. for a conditional use permit for a planned commercial development for expansion of the existing Menards store at 1530 S. Koeller St. had been withdrawn by the applicant. I. CONDITIONAL USE PERMIT / 415 BROAD ST. Residential Service Management requests approval of a conditional use permit for a preschool/day care for 3 and 4 year old children at 415 Broad Street. Mr. Borsuk stated he was uncomfortable without a barrier from the door to the railroad tracks. He felt an alarm system on the door as "window dressing". Mr. Ruppenthal agreed. Mr. Kinney indicated he spoke with Steve Hoopman of RCDD, as well as the building inspector, as to whether the door was necessary for a second exit from the building. The building inspector will check into this and if the door is not needed, it could be closed off or perhaps a second exit could be placed in another location. Mr. Hoopman has requested that the item be laid over until an answer is obtained on this code question. Mr. Kinney also did not believe there is sufficient room for a fence between the building and the railroad right-of-way. Mr. Smith felt the door was fine, but believed the Plan Commission members were concerned about the play area being fenced in by the railroad tracks. Mr. Kinney pointed out that the applicant had indicated there would not be an outside play area due to the limited amount of time the children would be at the day care. Mr. Borsuk indicated he would like them to come back with a little more stable solution. He was very leery about this type of use at this location. Motion by Krueger to lay over the item. Seconded by Bettes. Motion carried 6-0. II. PETITOIN FOR DETACHMENT / 2436 HICKORY ST. Mary Hiles and Robert Neubecker request approval of the detachment of their property at 2436 Hickory Lane from the City of Oshkosh. The property was annexed on October 26, 1999 as part of the Hickory IV Annexation. Plan Commission Minutes Page 2 January 4, 2000 Mary Hiles and Robert Neubecker appeared to answer questions. Mrs. Hiles indicated that after signing the annexation petition, they decided they did not want to be in the City. The location of their home is important to them and they want to stay in the Town. Detachment of their property would not affect utility services or emergency services. She indicated staff is recommending against this request based on a supposition that if this request were approved, other property owners would want to detach and potentially create service problems. Mr. Ruppenthal inquired why they originally wanted to annex and why they want to detach now? Mr. Neubecker stated when the petition came around for annexation, they signed it. But after further consideration, they decided they wanted to stay in the Town. Their septic system and well work good and they do not want to hook up to City services. Discussion ensued on why the Hickory IV Annexation was important in cleaning up the peninsula in this area and not annex lots on an individual basis. Staff indicated that services also get confusing when you have irregular boundary lines. Mr. Borsuk agreed with staff's recommendation. Motion by Borsuk to deny the request. Seconded by Krueger. Before roll call was taken, Mr. Smith noted that during the past several years the DNR has instituted several regulations due to failing septic systems, especially those areas along the Lake. These regulations were mandated due to contamination to the water system. He believed the septic systems on Hickory Lane were probably contaminating the Lake in some way or another. It was noted the motion was to deny the request. Roll call was taken. Motion carried 5-1. III. ACQUISITION OF PROPERTIES / 455-469 Pearl Ave. & Portion of Lot North of 469 Pearl Ave. City Administration requests approval of the acquisition of properties at 455-469 Pearl Ave. and a portion of the lot north of 469 Pearl Ave. for the extension of Warren Rd. in the Marion Rd./ Pearl Ave. Redevelopment Project Area. Mr. Borsuk inquired as to how set the street improvement plan is. Mr. Kinney noted that the Dept. of Public Works developed the street improvement plan, and the Warren Rd. extension appeared to be pretty well set as the most logical approach that should be taken. Relative to the realignment of Marion Rd., Mr. Kinney indicated the proposed realignment probably represents the best alternative in that it eliminates the intersection of Marion Rd. and Wisconsin Ave. near the bridge, and it also eliminates another street intersection on Wisconsin Avenue. He noted, however, that in the next 2-3 months, an effort will be undertaken to seek development proposals for the area, and the submittals and preferred developments would help to resolve any questions concerning the Marion Rd. alignment. Mr. Kinney indicated the Plan Commission is not being asked to approve the street dedication at this time, only the need to proceed with the right-of-way acquisition. Plan Commission Minutes Page 3 January 4, 2000 Mr. Bettes noted it appears the lots extending to the end of the block will also be impacted by the proposed widening of Marion Road. Why is this being done in a piece meal fashion? He could support the proposed street layout, but all the properties should be addressed at one time. Mr. Kinney replied that the street work for the small area encompassed by this request is being proposed for mid- to late-2000 and staff needs to look at this area now. He reiterated that field survey work will be completed within the next few months and Public Works is not sure at this time how that will all tie together. Public Works has indicated these are the properties that are needed now for the smooth transition of the road right-of-way where the new road will connect to existing Pearl Avenue. Taking action on these properties at this time will also allow staff sufficient time to work with the property owners in relocating. Mr. Smith stated he agreed with Mr. Bettes. He felt the remaining 6 or so property owners would not improve their properties because they know the City will be purchasing their properties, based on the proposal before the Commission today. Piece meal type acquisition is not good planning. Mr. Borsuk felt it appears to be a timing issue on the acquisition of these properties for the right-of-way and indicated he would support the request. Mr. Ruppenthal noted these properties could be purchased now for the necessary right-of-way and the remainder of the street could remain in its present state until such time as it would be necessary to acquire additional right-of-way and to proceed with redevelopment activities in the area. Mr. Roy Jorgensen, 469 Pearl Ave., inquired why his mother's house needed to be torn down, especially in the winter. Why couldn't it wait until the summer months? Mr. Kinney noted that staff from the Dept. of Community Development will be contacting him, if they haven't already, regarding relocation issues. He noted the City would be willing to work with Mr. Jorgensen on these issues. Mr. Joel Edson, representing UW-Oshkosh, supported the proposed plans and indicated the University is willing to work with the City in this regard. Mr. Douglas Hirte, 833 Franklin St., representing St. Peters Congregation, wanted to ensure their properties would continue to have access to the street when it is realigned. Mr. Kinney noted the Church's access to Pearl Ave. would be able to be maintained. Motion by Borsuk to move approval of the acquisitions as requested. Seconded by Krueger. Motion carried 6-0. IV. CONDITIONAL USE PERMIT / PLANNED DEVELOPMENT REVIEW - 1530 S Koeller; Menards Inc., owner Mr. Ruppenthal noted this item had been withdrawn by the applicant. Plan Commission Minutes Page 4 January 4, 2000 V. REZONING / WESTOWNE AVENUE AREA Kent Kowalik, petitioner, Westowne Centre LLC, owner, requests approval of a rezoning from C-2 General Commercial to C-2 General Commercial with a Planned Development Overlay for property generally located north and south of Westowne Ave., south of State Rd. 21, east of N. Westhaven Dr., and west of the USH 41/State Rd. 21 intersection. Mr. Gehling expressed concern about being consistent in these types of requests. An item previously before the Plan Commission was a large parcel similar to this and the owner did not want a planned development overlay, but most of the Commissioners did. In both cases, no development plans are being submitted at the time of the zoning/rezoning request. Mr. Kent Kowalik indicated they want to add the planned development overlay to their entire parcel, which will benefit both the community and the overall development. They realized the entire parcel was not under the same zoning classification when they started looking at development. He noted a credit union has approached them for development on a portion of this site. Motion by Gehling to move approval of the rezoning as requested. Seconded by Borsuk. Motion carried 6-0. There being no further business, the meeting adjourned. Respectfully submitted, JACKSON R. KINNEY Director of Community Development