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HomeMy WebLinkAboutMinutes PLAN COMMISSION MINUTES MAY 16, 2000 PRESENT: Lurton Blassingame, Melanie Bloechl, Steve Gehling, Achim Reschenberg, James Smith, and John Ruppenthal; Chairman EXCUSED: Lee Bettes, David Borsuk, Donald Krueger, Donald Pressley, and Scott Saunders STAFF: 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 May 2, 2000 were approved as mailed with a correction noted under New Business, Item I, in which Mr. Blassingame indicated Michael Burayidi had put together the list of readings for the Plan Commission and not himself. He also asked that a thank you note be sent to Mr. Burayidi for his time spent on the project. I: CONSENT AGENDA A: Privilege in Street: Cul de Sac of Pierce Avenue Liesch Environmental Services, Inc., petitioner, for Thomas Verkuelen, owner requests the Plan Commission review and approve a Privilege in Street to allow the placement/installation of a monitoring well in a City street generally in the center of the cul de sac at the east end of Pierce Avenue. The well is being proposed to determine the extent and monitor the ground water contamination from a former underground storage tank. The monitoring well will be in the street a minimum of 6 months and may remain in the right-of-way for up to 10 years or more. There was no discussion on this item. Motion by Smith for approval of the consent agenda with the following conditions: 1) The monitoring well be installed in a manner that is approved by the Department of Public Works so that it is flush with the roadway. 2) The monitoring well be properly abandoned and removed in accordance with City standards and under the direction of the Department of Public Works. 3) That any problem which may arise as a result of the placement of the monitoring well be the responsibility of the petitioner to correct in coordination with the Department of Public Works. Plan Commission Minutes Page 2 May 16, 2000 4) That all appropriate permits be obtained prior to the start of construction/placement of the monitoring well. 5) That the monitoring well be modified or removed immediately upon the request of the City. 6) The petitioner/owner secures and submits to the City Clerk a separate insurance policy which names the City as an additional insured with a minimum coverage of $200,000 per person and $500,000 in general aggregate. 7) It is the responsibility of the petitioner/owner to file in a timely manner a new insurance certificate with the City Clerk upon expiration of an existing certificate. Failure to do so will result in the revocation of the privilege in the street upon ten (10) days' notice. 8) The petitioner/owner execute a hold harmless agreement with the City. Seconded by Krueger. Motion carried 8-0. TH II: R. SCHNEIDER ANNEXATION SOUTHWEST CORNER 9 AVENUE AND LINDEN OAK DRIVE Robert “Duke” Schneider, owner and petitioner, requests the Plan Commission review and approve the th R. Schneider Annexation generally located at the southwest corner of 9 Avenue and Linden Oak Drive. Temporary and permanent zoning of R-1 Single Family Residence District has been requested. The general area surrounding the proposed annexation is characterized by residential land uses and vacant land. The annexation totals 1.10+ acres and the property is vacant. Mr. Smith questioned if there were other residential uses in the area, and if spot zoning would occur if additional residents in the area also wanted to annex to the city. Mr. Bluemke stated the area was primarily zoned as a single family residence district, and stated any other uses would be annexed as is and potentially would be non-conforming uses. Motion by Bloechl to approve the R. Schneider Annexation generally located at the southwest corner of 9th Avenue and Linden Oak Drive with temporary and permanent zoning of R-1 Single Family Residence District. Seconded by Blassingame. Motion carried 5-0. III: CONDITIONAL USE PERMIT/DEVELOPMENT PLAN REVIEW T-3 Group, LTD, petitioner, for Bradley Operating Limited Partnership, owner, requests the Plan Commission review and approve a conditional use permit/development plan for property located on Murdock Avenue east of 1800 Jackson Street (Taco Bell). The land use pattern in the area is commercial in character, and the subject site is zoned C-2PD General Commercial with a Planned Development Overlay. Plan Commission Minutes Page 3 May 16, 2000 Mr. Bluemke introduced the item stating that after the item was approved on March 21 by the Plan Commission, limiting access of the site to the northeast corner, the applicant redesigned the project with a 12' wide drive on the west side of the lot to allow for another ingress to the property. He explained as a result of the grocery store and other tenants in the Fair Acres Shopping Center objecting to having all the traffic exit into their parking lot, they are now asking for a point of ingress and egress on the west side of their property. He also noted how the side of the store, which would face Murdock Avenue, would be designed to be more attractive to the public. He also noted the shrubs near the utility boxes would be replaced with lower growing plants. Mr. Smith questioned if the properties to the east would be undevelopable because of the lack of entrance to the site. Mr. Bluemke stated another driveway may be needed on Murdock Street, and that will be reviewed at the time of development, since there is a planned development overlay assigned to the property. Brian Fisher, T-3 Group representative, stated that they are limited to this proposal because of the objections by the other tenants and requirements of the City Ordinance. Mrs. Bloechl asked what kind of material would be used in the construction of the building. Mr. Fisher stated it was a stucco like material with a grayish color. Mr. Reschenberg questioned if the west drive would be for both ingress and egress. Mr. Bluemke stated it would be. Discussion followed with a consensus for a 35' wide driveway with a median for traffic control. Motion by Smith for approval of a Conditional Use Permit/Development Plan for property located on Murdock Avenue east of 1800 Jackson Street with the following conditions: 1)No new ground signs are allowed on the subject property. 2)A landscape plan be submitted to and approved by the Department of Community Development prior to the issuance of a building permit, which plan shall remove the evergreen shrubs near the entrance to the mall. 3)The driveway be 35' wide with a median for traffic control. Seconded by Blassingame. Motion carried 5-0. IV: PARTIAL STREET VACATION Mr. Jay Puestohl and Ms. Beth Hass have asked the City’s consideration in vacating a portion of thth Michigan Street between 18 Avenue and 19 Avenue. The neighborhood is residential in character and zoned R-1 Single Family Residence District. Mr. Bluemke introduced the item stating that the City will be installing a water main within the right-of- way on Michigan Avenue and the Department of Public Works is anticipating the street to extend between 18th and 19th Avenues, and is not recommending the right-of-way be vacated. Plan Commission Minutes Page 4 May 16, 2000 Larry Tyers, owner of property at 1834 Michigan Street, stated not vacating Michigan Street would be a loss for the neighborhood. He stated the property on the south end of Michigan Street provides a green space for the neighborhood, and a place for the children in the neighborhood to play. He stated there are enough thoroughfares to 20th Avenue. He also stated the meeting notice he received stated the City Administration requests the Plan Commission to review and approve the vacation, and asked how that could be when the Pubic Works Department is against the vacation. Mr. Puestohl, 1840 Simpson Street, stated he recognizes the Plan Commission gives their recommendation to the City Council for their approval, and he doesn't feel it would be appropriate to develop the lot on the corner. He stated the closest parks are Fugelburg and South Park, therefore a lot of kids use the green space in the area. He stated he had a petition with 60 signatures on it to-date, from the surrounding neighbors who want to keep the area as it is (on file in the Department of Community Development). Chairman Ruppenthal asked how he proposed the ownership be split after the vacation. Mr. Puestohl stated he had not researched that completely at this time, however the adjoining property owners would like to preserve that green space. Beth Hass, 500 W. 19th Avenue, stated she opposed the vacation because she didn't want her front yard to be located within 6' of the street. Discussion followed regarding the ownership of the surrounding properties, if there were any buildings on the property, and if the owners had signed the petition. Mr. Gehling arrived at this time. Mr. Tyers questioned why the neighborhood should lose the green space just because of one person who wants to build in the area. Mrs. Bloechl asked if Mr. Tritt, who wants to build on the lot on the corner of Michigan Street and 19th Avenue would have access from 19th Avenue, and if the owner of the vacant lot wanted to build. Mr. Bluemke stated Mr. Tritt has access from 19th Avenue and the owner of the lot south of and adjacent to 1834 Michigan Street would not be able to build if Michigan Street were vacated. Mr. Bluemke went on to explain the vacation process is usually done by the City Council determining if it is in the best interest of the public, or by statutory petition which requires signatures within a certain radius of the proposed vacation. He stated the statutory petition process is not being followed in this case, the request is simply being forwarded to the Common Council and as indicated by the Department of Public Works is not seen to be in the best interest of the public. Mr. Bluemke next addressed Ms. Hass's concern about her property being so close to the street. He stated the street has been officially mapped for quite some time, therefore she currently is 6' from the right-of-way, even though a street has not been constructed at this time. Mr. Blassingame questioned if a water main could be serviced if an easement were obtained. Mr. Bluemke stated that could be done, however, it would still need to be determined what would remain, the dedicated right-of-way only, or the dedicated right-of-way and the green space. Mr. Blassingame next questioned whether the Parks Department of the Transportation Department had been contacted regarding this area. Mr. Bluemke stated the City Administration and the Public Works Department has looked at it and wants it to move forward for circulation of the neighborhood. Plan Commission Minutes Page 5 May 16, 2000 Discussion continued on the alternative to vacate only part of the proposed vacation area to allow access to the vacant parcel south of 1834 Michigan Street. Motion by Bloechl to lay over the item for 60 days to give the adjacent neighbors time to discuss ownership of the green space, and to talk to the Parks Department to see if it might be an appropriate area for the City to develop. Seconded by Blassingame. Motion carried 3-1-1. Nay: Blassingame, Gehling voting present. V: PERMANT ZONING WESTOWNE ANNEXATION Ken Kowalik, petitioner for Westowne Centre, LLC, owner, requests the Plan Commission review and approve the permanent zoning for property which is located east of N. Westhaven Drive and south of Westowne Avenue. The subject property is part of the Westowne Annexation which the Plan Commission approved on February 2, 1999. As approved by the Plan Commission, the temporary zoning of the subject property consisted of C-2 PD General Commercial with a Planned Development Overlay on the northern portion of the property, and R-3PD Multiple Dwelling District with a Planned Development Overlay on the southern portion of the property. When the City Council considered the Annexation on February 23, 1999, a strip of R-2 Two Family Residence District with a Planned Development Overlay was applied to the most southerly 150 feet of the annexed property. Mr. Bluemke introduced the item using the map as displayed to show the location of the temporary zoning and permanent zoning requested. Kent Kowalik, petitioner, stated he was available to answer any questions the Commission may have. Mrs. Bloechl stated the Analysis section of the Staff Report states the developers are working on plans for the property, and questioned what those plans might be. Mr. Kowalik stated a large retail center is being considered for the large C-2PD area, with perhaps a grocery store, and home improvement center, although he has no commitments at this time. He stated that he has had a lot of interest for smaller professional offices, which may include doctor offices that would like to be located near Aurora Health Center. Discussion followed regarding the development of the area, and the drainage concerns. Mr. Bluemke explained that before an area can be platted it has to be permanently zoned and once that is done the appropriate plans will come before the Plan Commission and said plans will have to meet the drainage ordinance. LuVern Kienast, 765 N. Washburn, stated he would like to see the drainage plans, but he had also understood the area would be zoned by for single family housing. Mr. Bluemke stated the zoning was assigned for a two family residence district to provide a buffer between the single family and the multi- dwelling districts. Discussion followed regarding the zoning in the area. Motion by Smith to approve the permanent zoning of C-2PD General Commercial with a Planned Development Overlay, R-3PD Multiple Dwelling District with a Planned Development Overlay, and R-2PD Two Family Dwelling with a Planned Development overlay for property which is located east of N. Westhaven Drive and south of Westowne Avenue. Seconded by Blassingame. Motion carried 6-0. Plan Commission Minutes Page 6 May 16, 2000 VI: FINAL PLAT – CHERRY PARK ESTATES Ronald Leichtfuss, petitioner and owner, requests the Plan Commission review and approve the final plat known as Cherry Park Estates for property generally located on the west side of USH 45, south of Johnson Avenue and north of Welle Drive. Mr. Bluemke introduced the item making note of the conditions regarding the easements and the naming of streets. Mr. Smith questioned if Cherry Park Court in the R-3 zoning district for multiple family housing would have public streets leading to the lots or be all private driveways off of Cherry Park Court. Mr. Bluemke stated there will be driveways. Motion by Bloechl to approve the Final Plat known as Cherry Park Estates for property generally located on the west side of USH 45, south of Johnson Avenue and north of Welle Drive with the following conditions: 1)Provide the City with a 20 foot water main easement running south from the cul-de- sac between Lots 9 and 10 for about 140 feet and than east to hook up with utilities in Cherry Park Avenue and provide any additional easements at the request of the Department of Public Works and approved by the Department prior to recording the plat. 2) The street name in the plat and the name of the dedicated street entering the plat be the same before the plat is approved by the City Council. Seconded by Blassingame. Motion carried 6-0. VII.PRELIMINARY PLAT – FOURTH ADDITION TO WESTLEIGH FARMS SUBDIVISION Thomas Rusch, petitioner and owner, requests the Plan Commission review and approve the preliminary plat known as the Fourth Addition to Westleigh Farms Subdivision for property located south of Rebecca Run and west of Pheasant Creek Drive. Mr. Bluemke introduced the item pointing out the conditions listed in the Staff Report. Connie Seidl, 3140 Mockingbird Way, stated she has some concerns about the plat, including the drainage. She questioned if the drainage wasn't included because it was a preliminary plat at this time. Mr. Bluemke stated a drainage plan would need to be approved before the final plat goes on to the Common Council for approval. She also noted the lots were smaller in the proposed subdivision and feared her property values would decline by at least 20%, and asked if her property taxes would reflect the loss. Mrs. Seidl questioned in the tree line would remain, as there were beautiful old oak trees on the boundary line. She asked why the wetland area was not suitable for a park, as she felt the nature and small wildlife should be preserved as it added to the aesthetic value of the area. She also questioned the design of the subdivision and if there would be another outlet when Oakwood Road was under construction. She asked if Mr. Rusch would be finishing the 3rd Addition to Westleigh Farms before construction on the Fourth Addition would begin. Plan Commission Minutes Page 7 May 16, 2000 Brian Easton, 3120 Mockingbird Way, asked about the time line for the subdivision and asked for a list of covenants for the area. He was also concerned about the oak trees on the boundary line, and who would be responsible for clearing the trees on each lot. He asked who would be monitoring the wetland area. He also commented on the muddy condition of the 3rd Addition to Westleigh Farms and hoped the 4th Addition would be done better. Tom Rusch, 3807 State Road 21, stated the condition of the roads in the 3rd Addition to Westleigh Farms was the responsibility of the City of Oshkosh, and they should talk to the Public Works Department regarding their time line for paving the roads. He stated the trees in the right-of-way would be taken down, however the trees on the lot lines would stay. He also stated the lots would have 75' of frontage. Mr. Rusch stated that as far as the time line of the project he hoped to have sewer and water put in during the fall, and the buildings constructed in the spring. He stated no covenants will be placed on the subdivision, they will have to follow the City building codes and Zoning Ordinance rules. Mr. Bluemke stated the appropriate departments in the City of Oshkosh will approve the plans and inspect the buildings. Mrs. Bloechl asked what the smallest size lot was. Mr. Rusch stated the smallest lot was 66' wide. He used the map as displayed to point out the phase of smaller lots planned for the north side of the subdivision. Mrs. Bloechl asked if another outlet could be developed to exit the Subdivision when Oakwood Road was under construction. Discussion continued regarding the water problems that exist due to land being owned by the Town of Algoma, and the City of Oshkosh not having the authority to lay storm sewers in the area. Mr. Rusch explained he has been working with the City of Oshkosh Department of Public Works, and they have approved the 4th addition to Westleigh Farms but the area can't be developed to the north because of the drainage problems in the area and not being able to get the storm sewers through the Town of Algoma, otherwise he would be able to extend Pheasant Creek Drive for another outlet. Mrs. Bloechl asked where the water from the subdivision would drain to. Mr. Rusch stated it would go to the wetland area. Mr. Bluemke stated plats are designed to not have any more water run off the site than already does, and any permits for fill or grading in the wetland area would have to account for drainage and be approved by the Army Corps of Engineers. Gloria Easton, 3120 Mockingbird Lane, stated it has been three years since the 3rd Addition to Westleigh Farms started construction and the roads are still in bad condition. Mr. Rusch stated the roads in the 3rd Addition to Westleigh Farms Subdivision are scheduled for paving this summer, as there is a three-year contract with the City of Oshkosh. Mr. Bluemke stated the policy is to allow for sewer and water mains to settle for three years before the concrete is laid to avoid any cracking. Connie Seidl stated the road is clay, and stated gravel could be put down in the mean time. She questioned if the item could be laid over since there were so many questions and to enable the neighbors that weren't in attendance today the chance to comment. Chairman Ruppenthal stated the neighbors have all received meeting notices, and they have had the chance to attend the meeting or correspond with the staff. Plan Commission Minutes Page 8 May 16, 2000 Motion by Smith to approve the preliminary plat known as the Fourth Addition to Westleigh Farms Subdivision for property located south of Rebecca Run and west of Pheasant Creek Drive with the following conditions: 1)Any additional easements be created at the request of the Department of Public Works and approved by the Department prior to submittal of the final plat, and the water main easements be 20 feet wide. 2)The developer be responsible for all capital costs not budgeted by the City. 3)A covenant be placed on the face of the plat that no filling or grading is allowed in the wetland without the prior authorization of the Army Corps of Engineers. Seconded by Gehling. Motion carried 5-1. There being no further business, the meeting adjourned. Respectfully submitted, JOHN C. BLUEMKE Principal Planner JCB/vlr