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HomeMy WebLinkAboutMinutes PLAN COMMISSION MINUTES FEBRUARY 15, 2000 PRESENT: Lee Bettes, Lurton Blassingame, Steve Gehling, Don Krueger, Achim Reschenberg, Jim Smith, and John Ruppenthal EXCUSED: Melanie Bloechl, David Borsuk, Donald Pressley, and Scott Saunders STAFF: Jackson Kinney, Director of Community Development; John Bluemke, Principal Planner; and Vickie Rand, Recording Secretary The meeting was called to order by Chairman Ruppenthal. Roll call was taken and a quorum declared present. The minutes of February 1, 2000 were approved as mailed. I: FINAL PLAT - SARRES PLAT Robert Reider, petitioner, Kurt Koeppler, owner requests the Plan Commission review and approve a Final Plat known as the Sarres Plat for property generally located east of Park Ridge Avenue, west of Wisconsin Street, and south of Packer Avenue. The property is zoned R-1 Single Family Residence District and R-3 Multiple Dwelling District. The R-3 area generally fronts Wisconsin Street and Packer Avenue. Mr. Bluemke used the map as displayed to point out the differences between the preliminary plat and the final plat. He also noted the types of housing proposed for the plat and stated the final plat has been approved by emergency services and the Oshkosh School District. Motion by Bettes to approve the Final Plat known as the Sarres Plat with the following conditions. 1)The developer be responsible for all capital improvement costs incurred by this development. 2)Any additional easements be created at the request of the Department of Public Works and approved by the Department of Public Works prior to recording the final plat. Seconded by Krueger. Motion carried 7-0. Plan Commission Minutes Page 2 February 15, 2000 TH II: REZONING 1012,1016, AND 1022 W. 9 AVENUE June Vogds, ETAL, requests the Plan Commission review and approve a rezoning from C-2 PD General Commercial District with a Planned Development Overlay to R-2 Two Family Residence th District for properties located at 1012, 1016, and 1022 W. 9 Avenue. Mr. Bluemke explained the lots were rezoned in 1995 to C-2PD to create a site for a proposed Walgreen’s Drug Store, which didn’t proceed. He stated since the residences lots are presently non- conforming, a request has come forward to rezone the lots back to their original R-2 classification. Rose Cuyler, 807 Knapp St., questioned if the lots were going back to their original classification. Mr. Bluemke replied the lots would be rezoned back to their original zoning classification of R-2, Two Family Residence District. Motion by Blassingame for approval of rezoning 1012, 1016, and 1022 W. 9th Avenue from C-2PD General Commercial District with a Planned Overlay District, to R-2 Two Family Residence District. Seconded by Smith. Motion carried 7-0. TH III: CONDITIONAL USE PERMIT-CHURCH EXPANSION 2580 W. 9 AVENUE Rev. Robert Rosenberg, petitioner for Calvary Lutheran Church, owner, requests the Plan Commission review and approve a Conditional Use Permit (CUP) for the expansion of a church located at 2580 W. th 9 Avenue. Mr. Bluemke used the map as displayed to point out where the proposed addition would be constructed. He stated the church was proposing to build a new sanctuary and renovate their current worship space into classrooms and office space. Garry Blomberg, 900 Maricopa Drive, asked if consideration had been given to constructing the addition on the north side of the structure. Richard Johnson, 837 Wild Oak Dr., stated it was considered and rejected due to the flood plain. Motion by Gehling for approval of a Conditional Use Permit for the expansion of Calvary Lutheran Church, found consistent with Standards set forth in Section 30-11 (D) of the Zoning Ordinance. Seconded by Reschenberg. Motion carried 6-0. Krueger voting present. IV: CONDITIONAL USE PERMIT/DEVELOPMENT PLAN REVIEW Martenson & Eisele, Inc., and D & F Investments LLP, petitioners for Robert Stauffer, owner, requests the Plan Commission review and approve a conditional use permit/development plan for property thth generally located on W. 9 Avenue between 2721 and 2639 W. 9 Avenue. The land use pattern in the area is a mixture of commercial, residential, and recreational land uses, and the subject site is zoned R- 3PD Multiple Dwelling District with a Planned Development Overlay. Mr. Bluemke stated the petitioners are requesting a modification to the Zoning Ordinance to allow for the construction of a 2-unit building on the same lot as multiple dwelling units, and to allow a driveway within 15’ of the side and rear yard of a single family dwelling. He stated a total of 11 units are being proposed, whereby, the ordinance allows for 49 units to be built on that site. He stated the proposed development of this site would be beneficial for the community. Plan Commission Minutes Page 3 February 15, 2000 Dennis Schwab, 2721 W. 9th Avenue, stated only the tip of the driveway would be in the setback. He stated he had met with the surrounding neighbors to discuss this proposal and their concerns with drainage in the area. He assured them that this plan would be an improvement to the drainage in the area with the water flowing to the creek. Mr. Schwab handed out two letters from neighbors who are encouraging the development of this site. Chairman Ruppenthal questioned if the area to the west would be landscaped and maintained by D & F Investments. Mr. Schwab assured the Commission it would be. Mr. Bluemke stated a Conditional Use Permit to fill in a shoreland district would come before the Commission at a future meeting. Mr. Schwab stated that Mr. Eisele was also available in the audience to answer any questions. Motion by Smith for approval of the Conditional Use Permit/Development Plan for D & F Investments, Inc., with the following condition: 1)The developer submit a landscape plan and a plan to screen the parking lot which plans must be approved prior to obtaining a building permit. Seconded by Reschenberg. Motion carried 7-0. V: AUTHORIZATION TO ACQUIRE CONSTRUCTION EASEMENTS, ONE PERMANENT EASEMENT AND ADDITIONAL RIGHT OF WAY: JACKSON STREET RECONSTRUCTION City of Oshkosh, petitioner, requests Plan Commission review and approval of the acquisition of numerous construction easements, one permanent easement, as well as acquiring easements or additional right of way from the University of Wisconsin – Oshkosh, Winnebago County, and the Public Safety Board. These acquisitions are necessary to complete the Jackson Street reconstruction project. The project area runs roughly from Church Avenue to Murdock Avenue on Jackson Street. Mr. Bluemke stated the subject area runs from Murdock Avenue to Church Avenue requiring temporary easement for sidewalks and grading, with one permanent easement, and additional right-of-way needed from the University of Wisconsin, Oshkosh, Winnebago County, and the Public Safety Board. Mr. Gehling asked why the area marked for acquiring easements wasn’t a continuous line. Mr. Bluemke explained easements weren’t needed on every property. Ross Wandschneider, 1609 Jackson St., stated this process started in 1992, and the property owners have listed what’s going to happen in regards to this construction project, and it didn’t include any positive points, only negative factors have been noted from pollution to noise. He asked the Plan Commission to give them some positive examples of the good that could come from this reconstruction project. He also stated he wanted a guarantee for the replacement of trees, etc., after the work from acquiring a temporary easement is finished. Ms. Kepplinger explained how a negotiator will visit each property to review where the easement will go, and make note of any special circumstances relating to the easement on a construction order. Plan Commission Minutes Page 4 February 15, 2000 Mr. Wandschneider asked why over $150,000 dollars has been set aside for this project. Ms. Kepplinger stated there are over 170 parcels included in the street reconstruction. She went on to explain that an individual has been contracted by the Department of Transportation (DOT) to ensure all state requirements are met, and that he or she will be in contact with them within 6-8 weeks. Mr. Wandschneider asked if this negotiator would work with each property to provide assurance that the property will be replaced as it was found. Ms. Kepplinger stated the construction order made out by the negotiator should provide that guarantee. Discussion followed on the conditions of replacing significant types of trees and shrubs. Dr. Sonnleitner, 1218 Jackson Street, reviewed the plans and meetings that have taken place regarding the Jackson Street reconstruction project over the past 7 years and asked if there was some assurance that the trees would be replaced or unharmed, and asked if the sidewalks would be moved. Ms. Kepplinger stated the sidewalks will not be moved, and explained the City would need to acquire property if that were the case. She explained temporary easements were needed to reconstruct the sidewalks in the right-of-way, and to adjust the grade. Ms. Kepplinger stated one permanent easement is needed at 752 Jackson Street to accommodate the construction of a handicapped ramp in the sidewalk. She stated any other permanent easements needed would have been mentioned in the Staff Report. Victor Girens, 1227 Jackson Street, referred to the maps in the Staff Report and questioned why neighbors on both sides of his property needed temporary easements and his property did not. Ms. Kepplinger stated that the DOT determined what easements were needed. She suggested he make an appointment with David Patek, the Director of Public Works if he had further questions on that matter. Mr. Girens questioned how snow removal would be handled. Mr. Patek stated the snow will be plowed one day and picked up on another day, just as it is now, with possibly a more frequent schedule because of the smaller terrace. Joe Krauss, 1252 Jackson, asked where the funding of $156,000 for the contractors was coming from. Mr. Patek explained that had been budgeted for under Capital Improvements. Mr. Krauss asked if special consideration for the sidewalks would be made in his area due to being in a historic district. Ms. Kepplinger stated because he was in an historic district the sidewalks would be restored with a 6” curb, and he could set up a meeting with Mr. Patek to review those plans. Ms. Wegner, 839 Jackson, asked if there was a map showing where the utility poles would be moved and how it would look without the trees on the terrace. Ms. Kepplinger stated that there was not a map showing an image of the completed project, and stated the results will vary from property to property. Ms. Wegner asked if the City had any plans to purchase the business on the corner of Scott and Jackson Street, or if it would be removed. Mr. Kinney stated the Inspection Services Department is working with that property to determine the outcome. Ms Wandschneider, 1609 Jackson, stated she had asked the DOT about the utility poles and was told the poles would be half in the sidewalk and half in the terrace. Mr. Patek explained there will be an 18” terrace available for the placement of utility poles. Discussion continued on the placement of the utility poles and the costs involved. Ms. Wandschneider, asked if they sign a contract with the negotiator for the temporary easement, would that release the City and the State from any damage that might occur on their property. Ms. Kepplinger suggested the owner take the contract to a legal council to have those types of questions answered. Plan Commission Minutes Page 5 February 15, 2000 Gerald Hendrickson, 1055 Alpine Court, questioned where the Lands and Interests Required Schedule came from. Ms. Kepplinger stated the schedule came from the DOT, and the City staff reviewed it to verify ownership. Mr. Hendrickson asked if the negotiator would be able to go onto properties not on the list if he found easements were needed there as well. Ms. Kepplinger stated the contractor would know which properties they would be able to negotiate with. She explained if further easements are needed, the contractor will have to get authorization from the DOT to negotiate with any other property owners than those that are listed. Mr. Hendrickson asked if that would halt construction. Ms. Kepplinger stated that step of the reconstruction process would be done prior to the start of the construction, therefore, not causing any delays. Shirley Mattox, 1313 Jackson, stated she is concerned about the safety of turning into her driveway from a 4 lane highway where it was not safe to enter from the closest lane. Mr. Patek stated the plan calls for matching the existing width of the property line, tapering from the property line to the curb. Ms. Mattox stated the power poles also create an unsafe entry into their driveway and others may have the same concerns. Chairman Ruppenthal stated that would be a good point to address with the negotiator. Mr. Patek mentioned at this time that the City has an additional three feet of right-of-way north of New York Avenue and easements weren’t necessary there, as in Mr. Giren’s case. Mr. Blassingame stated the only issue at hand here is to get permission to have a negotiator work with the property owners regarding a temporary easement. Chairman Ruppenthal directed the property owners with design questions to contact David Patek, the Director of Public Works, as there may be a different situation to address with each property. He explained a negotiator would be talking to each property owner on an individual basis about the easement. Karla Seaver, 651 Jackson Street, asked what would happen if an agreement wasn’t reached with the negotiator. Ms. Kepplinger stated the right-of-way will be taken under Chapter 32.05 of the State Code which states if a property owner is unable to come to an agreement the property will be taken by Eminent Domain without the property owner having the ability to make any negotiations. She explained the easements are necessary for the project and there has been no intention to deprive the property owners of their rights. Mr. Girens asked what kind of guarantee would be given for property owners to have access to their properties during the construction period. Mr. Patek stated the DOT is finalizing those details and should have those answers this fall. Andrew Smith, 1271 Jackson Street, asked what alternatives were available if they didn’t come to an agreement with the negotiator. Chairman Ruppenthal stated it would be taken through the process of eminent domain as Ms. Kepplinger had explained, and stated it would be in his best interest to work with the contracted negotiator. Dorothy Schwartz. 1008 Jackson Street, stated it all boils down to the City wanting a 4-lane highway, and the residents don’t want it. Allan Ekvall, 1247 Jackson Street, asked what the hurry was to obtain these easements if the DOT didn’t have their plans finalized at this time. Chairman Ruppenthal explained this was the first step in getting this project in motion. Plan Commission Minutes Page 6 February 15, 2000 Mr. Wandschneider asked if the zoning was going to change on Jackson Street, and stated he didn’t want the R-5 zoning removed. Chairman Ruppenthal stated that would be discussed in the future, and they would be notified at the appropriate time. Ms. Wegner asked if the negotiator could meet with the property owners in a group session. Ms. Kepplinger stated she would mention it to him or her, but they would still need to work with each property owner on a one-to-one basis. She explained that there was a deadline in which the DOT needed to have the easements obtained by. Mr. Bettes asked if new utility poles would be used or if they would replace the existing poles. Ms. Kepplinger stated that was a design issue and she didn’t have an answer for him. Mr. Patek stated WPS would have to respond to that question. Ms. Wegner asked if they could be mailed the plans for Jackson Street when they were finalized. She also asked when the project had been initiated. Mr. Girens stated he has lived on Jackson Street for 24 years, and has understood the plans were underway seven years before he had received any notice. Chairman Ruppenthal stated the City has had the reconstruction of Jackson Street in their long term Comprehensive Plan for many years. Bill Christianson, 1231 Jackson Street, stated it appears $875.00 is appropriated for each property and asked if there would be a contract drawn up or if it would be a handshake deal. Ms. Kepplinger stated there would be a legal document with the negotiated details specifically outlined. Mr. Christianson asked if the negotiator would be around during construction. Ms. Kepplinger stated a local contractor had been hired to provide the best service, and they would be able to call him directly or contact the Department of Public Works. Mr. Christianson asked if the City worked with the negotiator. Ms. Kepplinger stated the negotiator is contracted by the DOT and the actual job wouldn’t be bid until the easements were obtained. Ms. Kepplinger directed the audience to contact the Department of Public Works for more information on any design issues. Motion by Blassingame for approval of the request to obtain the necessary easements and right of way for the Jackson Street reconstruction project. Seconded by Krueger. Motion carried 6-1. Nay: Bettes. There being no further business, the meeting adjourned. Respectfully submitted, JOHN C. BLUEMKE Principal Planner JCB/vlr