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HomeMy WebLinkAboutMinutes PLAN COMMISSION MINUTES MAY 2, 2000 PRESENT: Lee Bettes, Lurton Blassingame, Melanie Bloechl, David Borsuk, Donald Krueger, Achim Reschenberg, James Smith, and John Ruppenthal; Chairman EXCUSED: Steve Gehling, Donald Pressley, and Scott Saunders STAFF: Darryn Burich, 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 April 18, 2000 were approved as mailed with a correction noted under Other Business, Item III, to receive large documents far enough in advance to allow proper review time before making a recommendation to the Common Council. I: CONSENT AGENDA A: Privilege In Street McLeod USA, petitioners, request the Plan Commission review and approve a Privilege In Street to allow the placement of fiber communication network within the public right-of-way. th The proposed route of the fiber network, which starts at 35 and Oregon Street, is shown on the attached map. There are two other parts of the total route that will be brought to the Plan Commission at a later date. There was no discussion on this item. Motion by Bloechl for approval of the consent agenda with the following conditions: 1)The fiber network is installed in a manner that is approved by the Department of Public Works. 2)If no longer needed the fiber network 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 fiber network be the responsibility of the petitioner to correct in coordination with the Department of Public Works. Plan Commission Minutes Page 2 May 2, 2000 4) That all appropriate permits are obtained prior to the start of construction/placement of the fiber network. 5) That the fiber network be relocated to another location within the City at the petitioner’s cost 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. 9) Wherever the petitioner places duct work under ground there will be three ducts, two ducts will be for the exclusive use of the petitioner, which the petitioner may not lease to any other party without the consent of the City which shall not be unreasonably witheld, and one duct will be given to the City for exclusive City use. Seconded by Krueger. Motion carried 8-0. II: OSHKOSH KENNEL CLUB II ANNEXATION ADJACENT TO 220 W. PACKER AVENUE – Oshkosh Kennel Club, Owner/Petitioner Oshkosh Kennel Club, owners and petitioners, request the Plan Commission review and approve the Kennel Club II Annexation generally located adjacent to 220 W. Packer Avenue. Temporary and permanent zoning of M-2 Central Industrial District has been requested. The general area surrounding the proposed annexation is characterized by commercial and industrial land uses. The annexation totals .667+ acres and the property is vacant. Mrs. Bloechl asked what kind of industry surrounds the Kennel Club. Discussion indicated a credit union, thrift shop, church and car repair business were located in the vicinity. Motion by Borsuk for approval of the Oshkosh Kennel Club II Annexation with temporary and permanent zoning of M-2 Central Industrial District. Seconded by Bloechl. Motion carried 8-0. Plan Commission Minutes Page 3 May 2, 2000 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. The item was withdrawn by the petitioner. IV: CONDITIONAL USE PERMIT/DEVELOPMENT PLAN REVIEW Bill Warren, petitioner, for Community Church, Inc., owner, requests the Plan Commission to review and approve a conditional use permit/development plan for a new church located on Ryf Road west of and adjacent to the WIOWASH Recreation Trail. The property is zoned R-1 PD Single Family Residence with a Planned Development Overlay. Mr. Burich handed out maps for the site and referred to the State Highway 110 project, and the two proposals on Ryf Road that would have impact on the project where the east driveway for the church would be constructed. The first proposal would be an at grade interchange and the other consideration would be an overpass at that point if enough funding were available for use by the Department of Transportation (DOT). Mr. Burich pointed out other options for the location of the driveway as reviewed with the DOT. Mr. Burich noted a modification is also requested for the height of the cross on the church. Bob Kujawa, 504 W. Nevada, stated he had done some research into this project and used the maps as displayed to review the DOT's plans for State Highway 110 and U.S. Highway 45 scheduled for the year 2002 and 2003. He stated the DOT would need to purchase land near the access point to the church parking lot for right-of-way, and felt the owners of the property needed to be aware of these plans so they could adjust their construction accordingly. He stated the DOT is surveying the area at this time and will make a determination in the near future of how they will proceed. Mr. Blassingame asked when the DOT would be deciding upon whether they would be constructing an at grade interchange or the overpass. Mr. Burich stated the DOT will be buying the land now as part of a 2 lane at grade interchange project, and will budget for the 4-lane overpass in the future. Mr. Kujawa stated the DOT should have a decision within one month. Mrs. Bloechl asked how the purchase of land for the interchange would affect the road designed for emergency ingress or egress for the nearby subdivision. Mr. Warren, petitioner, stated the area was not actually a road at this time but was designed to provide access to the back of the subdivision for emergency services, and assumed the City would gravel the road in the future. He said an overpass would not have any effect on the road, but an at grade interchange might. Mr. Warren, stated an entrance for the driveway on the west side would create an unsafe situation and a right turn only designation for the current entrance would be a safer alternative. Plan Commission Minutes Page 4 May 2, 2000 Chairman Ruppenthal asked how a one-month delay, until the DOT has made their decision, would affect construction. Mr. Warren stated he would like to go forward at this point since he felt the driveway could be changed as needed. Mrs. Bloechl stated she would like to see the project laid over as it shows a lack of organized growth at this point. Discussion continued and a consensus was made to approve construction of the church, and delay the construction of the parking lot. However, the emergency entrance was still of concern, and there was also no guarantee that the DOT would make a decision within 30 days on how to proceed with the interchange. Motion by Smith for approval of the Conditional Use Permit/Development Plan for a new church located on Ryf Road west of and adjacent to the WIOWASH Recreation Trail with the following conditions: 1)The height of the structure, including the cross, not be increased without appropriate approval per the planned development review process. 2)A landscape plan be submitted to and approved by the Department of Community Development prior to the issuance of a building permit. 3)Only the center access to Ryf Road be established at the present time, and other access points to be established after the DOT makes their final plans. 4)Final development plans shall include the emergency access to the residential subdivision southeast of the church. Seconded by Bloechl. Mr. Borsuk asked if approving the height for the cross on the church wouldn't be setting a precedent relating to height restrictions. Mr. Burich stated the cross on the church could be approved under the current Zoning Ordinance 30-35 (a) Additional Standards and Exceptions relating to height regulations, whereas chimneys, church steeples, etc. are exempt from height regulations, except in air overlay districts. Mr. Bettes stated he was concerned about further development in the area as it relates to the DOT's plans for reconstruction of the highways. Motion carried 8-0. ITEM V: CONDITIONAL USE PERMIT: PARKING LOT SOUTHWEST CORNER ELMWOOD AVENUE AND CONGRESS AVENUE HGM Architecture, petitioners, for Paine Art Center and Arboretum, Owner, request the Plan Commission to review and approve a Conditional Use Permit for the creation of a parking lot at the southwest corner of Elmwood and Congress Avenues. Chairman Ruppenthal questioned if the fence belonged to the Paine Art Center and if it would be replaced. Plan Commission Minutes Page 5 May 2, 2000 Ron Hansche, Architect, used the landscape plan as displayed to show the parking lot to be renovated to allow parking for 61 cars with a new fence included in the landscaping of that lot. He also pointed out the addition of a new 24 car parking lot giving the Paine Art Center a total of 85 parking spaces to accommodate patrons on weekends, during special events, and also those who are attending classes in the renovated education center. He stated this will help to relieve the on street parking, and pointed out the walk way between parking lots. Mr. Smith asked what the shaded area on the map represented. Mr. Hansche stated that was a storage building that would remain. Dennis Woerpel, 1413 Congress Avenue, stated he lives on the west side of the north end of the subject site by the red fence. He stated he is against this proposal. He stated in 1991 a Conditional Use Permit was granted for the construction of a storage shed with a condition for a fence and landscaping, and stated the landscaping hasn't been done yet. Mr. Woerpel stated in the Staff Report it mentions it will help relieve the pressure for on street parking in the area, and noted a parking problem only exists 3 or 4 times a year, and 24 new spaces won't help. Mr. Woerpel stated that during special events the City will close off Congress and Elmwood to Algoma Boulevard, and would offer more than 24 parking spaces. Mrs. Woerpel stated the area lacks the greenery that was required with the approval of the 1991 Conditional Use Permit. Mr. Woerpel stated even though landscaping is required with this request; the Paine hasn't met the requirements of 9 years ago. He stated in 1992 a church was raised and the neighborhood was assured it would remain a parking lot, and now changes are being proposed. He reported the church was moved by the Paine in 1993, and since they were unable to get the foundation out it was filled it in with parts of the building. He stated he has contacted a blacktop contractor who has determined the foundation will come up in time and cause drainage problems and that there could possibly be contamination problems from an underground tank which has been removed. Mr. Woerpel stated this parking lot is next to their living area and patio, and he cannot justify the lack of privacy, air and noise pollution and falling property values for a parking lot that may turn into a dumping grounds as the current parking lot has. He stated excavating the land would cause problems and disturb the neighbors. Mrs. Woerpel stated that according to the Staff Report only property owners are notified and many rental dwellers are also wondering why the parking lot is being considered. She stated there are trees in the neighborhood that would need to be removed. Mrs. Woerpel also stated she has had people trespassing on her property doing survey work, with a bad attitude towards property owners in the neighborhood. Mr. Hansche stated surveying is being done to bring all the properties together as one lot. He stated the parking lot abutting the adjacent property would be removed. Mr. Hansche stated he can't explain why the conditions upon approval of the 1991 Conditional Use Permit were never enforced, and stated the City will verify that all conditions are met on the current proposal. Chairman Ruppenthal stated it is the Paine's responsibility to maintain their property, and they should have met the conditions that were set. Mrs. Bloechl asked if the Director of the Paine Art Center was present. Mr. Hansche informed the Plan Commission that the Director was out of town. Plan Commission Minutes Page 6 May 2, 2000 Chairman Ruppenthal questioned the drainage plan for the area. Mr. Hansche stated storm sewers exist in the area, and the new parking lot will drain into the street sewers. Discussion followed on the drainage requirements for the property. Mrs. Bloechl asked why the parking area behind where the church was would be removed. Mr. Hansche stated it could only accommodate 4 or 5 cars and they found it would be better used as a green area with a walking path. Mrs. Bloechl stated they were proposing to renovate the facility into an education center and environmental storage area, and asked Mr. Hansche to explain what an environmental storage area was. Mr. Hansche explained the facility was needed for the storage of artifacts that would have a controlled temperature. He also stated the outside of the building would be renovated as well. Mr. Reschenberg asked if the blacktop in the area would also be removed. Mr. Hansche stated the blacktop as far as Congress Avenue would be removed. Discussion followed on the storage building and the lack of landscaping to-date. Mr. Burich noted condition number three in the Staff Report speaks to that issue. Mr. Bettes asked about the current setbacks in the parking lot. Discussion continued on the history of the parking lot, and curb cuts on Congress and Elmwood Avenues. Mrs. Woerpel stated that one entrance for the parking lot on Elmwood would be unsafe. She stated there is a lot of pedestrian traffic and cars wouldn't be able to see until they get onto the sidewalk. She stated the large parking lot on Elmwood has more open space and provides better visibility. She stated the small parking lot would be an eyesore. Mr. Borsuk stated he thought this was a reasonable request from the Paine, and one point of ingress and egress on Elmwood Avenue was all that was needed. He also stated the landscaping should include the entire property. Mr. Bettes stated even though the Paine Art Center is a strong institution in the community, the parking lot is badly conceived and would need further approval by the Board of Appeals. He stated the corner lot is too small, and the exit on Congress Street is a bad idea. He stated there are other alternatives. Mrs. Bloechl stated the Paine has alternatives from using the corner lot. She stated without a variance the lot would be too small. She stated the area is inadequate and there are also too many small children in the area. Mr. Krueger stated that Elmwood Avenue is a main thoroughfare for the city and a parking lot on the corner would cause a lot of problems. Mr. Blassingame asked what the normal setbacks were for a corner lot. Mr. Burich stated a 25' setback was required on each corner. Plan Commission Minutes Page 7 May 2, 2000 Motion by Borsuk for approval of the Conditional Use Permit for a new parking lot in compliance with the standards of Section 30-11, subject to the following conditions: 1.The corner lots be combined with the parcels to create one property. 2.Variance be obtained for the front yard and transitional yard setbacks. 3.A landscaping plan for the entire property (including the 61-car parking lot and the accessory building) be submitted to and approved by the Department of Community Development prior to a building permit being issued. 4.Entrance on Congress Avenue be omitted, and Elmwood to be the only location for ingress and egress. Seconded by Bloechl. Motion denied 4-4. Nays: Bettes, Bloechl, Krueger, and Reschenberg. VI: A. CLARK ANNEXATION 4758 ISLAND VIEW DRIVE Allan Clark, owner and petitioner, requests the Plan Commission to review and approve the A. Clark Annexation generally located at 4578 Island View Drive. Temporary and permanent zoning of R-1 Single Family Residence District has been requested. The well on the property is failing and the owner wishes to annex the property to connect to City water utilities which are available to the site from Island View Drive. The property is in the Island View Sanitary District and sanitary sewer service is provided by the District. Mr. Burich introduced the item, stating the applicants well is failing, and noted additional requests for annexations may also come in from this area as wells fail. Allan Clark, 4480 Island View Drive, stated he is requesting to annex to the City at this time because of a failed well. He stated he plans to sell the property and loans won't be available without a good water system. He also stated the wells in the area are environmentally not sound because of the bedrock and there may be possible contamination from the landfill. He stated his research into the matter has found the City water system will be more dependable and provide a healthier quality of living. He stated there is a fire hydrant in close proximity, and emergency services have had no problem locating the addresses as needed. Mrs. Bloechl questioned if Mr. Clark had asked any of the neighbors if they also wished to annex to the City at this time. Mr. Clark stated he had asked several neighbors who weren't interested at this time. Leroy Zacher, 4470 Island View Drive, stated he is in favor of the annexation, as it will enable him to put in a culvert, which will provide access to the subdivision he is developing. He indicated that the town has not been cooperative in allowing him a driveway access to his subdivision. Mr. Blassingame stated he can recognize the future growth for the City from this area in the next 10-15 years as the ground water is affected, therefore he is in support of this annexation. Mr. Kinney stated that the Department was looking for the action by the Plan Commission to provide some direction on how the Department should respond to the area on the east side of Island View Drive. Plan Commission Minutes Page 8 May 2, 2000 He indicated that if the Commission recommends approval, that should indicate the Commission's belief that annexing would be appropriate on the east side of Island View Drive to a point that would coincide with the City limits on the west side of Island View Drive. Mrs. Bloechl asked if it wouldn't be more economical to annex more properties at a time instead of one by one, and if there was any way the City could make that requirement. Mr. Kinney stated the City doesn't have that latitude, and that this wasn't an unusual situation. Motion by Smith to approve the A. Clark Annexation generally located at 4578 Island View Drive with temporary and permanent zoning of R-1 Single Family Residence District. Seconded by Borsuk. Motion carried 8-0. VIILAND ACQUISITION 234 N. CAMPBELL ROAD . The City Administration requests the Plan Commission to review and approve the acquisition of a parcel of land located at 234 N. Campbell Road. The general area is characterized by commercial and residential land uses, as well as City properties including the Waste Water Treatment Plant, a park/boat landing and the Oshkosh Senior Center. Mr. Burich introduced the item stating the Senior Center's Ad Hoc Long-Rang Planning Committee has recommended that as properties became available in the vicinity of the Center, that consideration be given to their acquisition. Therefore the Committee on Aging and the Senior Center Board have asked that the City consider the acquisition of the Do-It-Center property at 234 N. Campbell Road. He stated funding is available for the purchase and the Friends of the Oshkosh Senior Center have pledged $50,000 towards the purchase. He also noted the next item on the agenda will ask to incorporate this property into the Excelsior-Badger Redevelopment Project Area to gain a "municipal exemption" from any spill statute related to contamination that may exist on the property. However, he noted a Phase II environmental analysis of the site had been done in 1998 that did not show any exceedences of environmental standards. Mr. Borsuk asked if the Commission was to determine if this was the best use of the property or consider another element of the purchase. Mr. Kinney stated since it was a recommendation of the Ad Hoc Committee to consider the acquisition of properties in the area for use by the Senior Center as they became available, the Plan Commission needs to make a recommendation whether that would be the best use for that property, and if it was consistent with the Comprehensive Plan. Mr. Borsuk asked what the cost of the property was. Mrs. Bloechl stated it was $460,000. Mr. Borsuk asked what was found in the Phase II Environmental Study. Mr. Kinney stated that a basic Phase II environmental analysis had been done in 1998 and did not show any exceedences of environmental standards. Discussion continued on the clean up standards and the pending legislation that might require material to be taken off the property to an appropriate landfill in the future. Mr. Bettes stated if the Senior Center is happy with the facility, considering it's location, he felt it would be a good use. Plan Commission Minutes Page 9 May 2, 2000 Mr. Smith stated it seemed like a great plan, however he didn't agree that the City should be spending money on a Center that services the surrounding towns, unless they are contributing to the costs of the Center. Gerald Konrad, representative for the Friends of the Senior Center, stated the Friends feel so strongly about this acquisition they have committed to initiating a fund raising drive to pay for the property in addition to the $50,000 they have already pledged. He stated the only money the City will spend will be for rental fees for the Public Works Department for use of the storage building while the City Garage is under construction. He stated it is basically a land use issue and there are no additional plans to construct another building. Motion by Borsuk for approval of the acquisition of a parcel of land located at 234 Campbell Road. Seconded by Blassingame. Motion carried 7-1. Nay: Smith. VIII: EXCELSIOR - BADGER REDEVELOPMENT PLAN MODIFICATION NUMBER 2 This item is recommended by the Department of Community Development and involves the expansion of the boundaries of the Excelsior - Badger Redevelopment Project area to include the parcel of land at 234 N. Campbell Road, formerly known as the Do-It Center home improvement and building supply store. A portion of the property at 212 N. Campbell Road will also need to be included in the proposed modification because it is located between 234 N. Campbell Road and the original Excelsior – Badger Redevelopment Project area. Mr. Borsuk questioned if the expansion of the boundaries was to include the Do-It-Center property for the "municipal exemption". Mr. Kinney stated that was correct. Motion by Bloechl for approval of Modification No. 2 to the Excelsior-Badger Redevelopment Project Plan area and that the boundaries of the project plan area be changed accordingly, and the City proceed with the acquisition of the property at 234 N. Campbell Road (tax parcel #6-804-01). Seconded by Krueger. Motion carried 8-0. NEW BUSINESS I.READINGS FOR THE PLAN COMMISSION A handout was passed out which Mr. Blassingame had put together for the Plan Commission. He stated an excellent booklet titled Citizen's Guide to Land Use in Wisconsin would be a good resource. Mr. Kinney stated he could order booklets for the Commission. He also stated he would like to hold a workshop in June to review how the Smart Growth Legislation relates to the Plan Commission. II.SCHEDULE WORKSHOP OF HIGHWAY 110/45 RECONSTRUCTION AREA Mr. Bettes suggested a workshop to be scheduled to review the Highway 110 and U.S. Highway 45 area to be able to plan for the best-controlled growth in the area. Mr. Kinney stated in regards to the official mapping and transportation concerns a steering committee is being formed which involves some technical people and he hopes to have a workshop in June to discuss how the Plan Commission can be involved. Plan Commission Minutes Page 10 May 2, 2000 III.APPROPRIATE TIME TO REVIEW IMPORTANT ISSUES Mr. Bettes asked when the best time would be to discuss the history behind Plan Commissioners decisions that they feel quite strongly about. Discussion followed and the consensus was to discuss issues at the time they are being considered. OLD BUSINESS I. REVIEW OF STREET WIDTHS Mr. Borsuk stated in view of the Highway 110/Ryf Road project perhaps review of the street layouts needed to be done sooner than in a year from now, as was discussed at the last meeting. IV.FAIR ACRES SHOPPING CENTER Mr. Bettes suggested the owners of the Fair Acres Shopping Center be contacted at this time regarding the removal of the hedges and outlet box from blocking vehicular view. There being no further business, the meeting adjourned, Bloechl/Blassingame unanimous. Respectfully submitted, DARRYN L. BURICH Principal Planner JCB/vlr