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PLAN COMMISSION MINUTES
JUNE 20, 2000
PRESENT: Lee Bettes, Lurton Blassingame, Melanie Bloechl, David Borsuk, Achim Reschenberg,
James Smith, and John Ruppenthal, Chairman
EXCUSED: Steve Gehling, Donald Krueger, Donald Pressley, and Scott Saunders
STAFF: Jackson Kinney; Director of Community Development, 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 June 6, 2000 were approved as mailed (Blassingame/Bloechl) unanimous.
I: OFFICIAL MAP DELETION VICINITY OF SARRES PLAT
- Department of Community
Development
The Department of Community Development requests the Plan Commission review and approve the
deletion of a portion of three officially mapped streets in the vicinity of the Sarres Plat.
Bill Behlman, 1091 Park Ridge Avenue, questioned if the 33' from the intersection of Hearthstone to the
east should have been stated as to the west. He also questioned if the official map deletion of Park Ridge
Avenue extended to Wisconsin or only to Hearthstone Drive.
Mr. Kinney stated the Staff Report was correct in the designation of the deletions, and the official map
deletions are consistent with what's been approved by rezonings and the subdivision plat over the past
year. He explained the reason for the deletion was to avoid a conflict when a building permit is being
applied for a lot that has an official mapping on it.
Mr. Borsuk arrived at this time.
Motion by Blassingame for approval of the deletion of a portion of three officially mapped
streets in the vicinity of the Sarres Plat. Seconded by Bettes. Motion carried 6-0-1. Borsuk
voting present.
Plan Commission Minutes Page 2 June 20, 2000
II: CONDITIONAL USE PERMIT/DEVELOPMENT PLAN REVIEW SOUTHEAST
CORNER WESTOWNE AVENUE AND NORTH WESTHAVEN DRIVE
Kent Kowalik, petitioner for Westowne Centre LLC, owner, requests the Plan Commission review and
approve a conditional use permit/development plan for property generally located at the southeast corner
of Westowne Avenue and N. Westhaven Drive. The subject property is part of the Westowne
Annexation, which was approved by the Plan Commission on February 2, 1999.
Mr. Burich introduced the item stating the petitioner is asking for four modifications from what is being
imposed on the development by the standards of the Ordinance, which refer to setbacks, signage,
parking, and landscaping. Mr. Burich continued by reviewing the conditions upon which the staff had
made their recommendations for approval.
Bruce Derhart, representative for Aurora Health Care, questioned if a traffic assessment had been done
for the area, especially at the location of the intersection for Aurora and Menards. He also stated he was
concerned with the development having a higher sign, which may obstruct their property. His last
concern was with the landscaping modifications requested near adjoining property lines.
Kent Kowalik, 21375 Belgren Road, Waukesha, WI, Agent for Westowne Center, stated traffic studies
have been done by the WI Department of Transportation (DOT) to research traffic volume and access to
the development. He stated the driveway entrance for Aurora Health Care and the proposed
development along Westhaven Drive were designed for an intersection type access and they have been
working together for quite some time to create an intersection that would properly accommodate a larger
development. He also explained the DOT has approved a traffic signal at the intersection of STH 21 and
Westhaven Drive.
Mr. Kowalik stated they have been working on the development of this site for the last 4-5 years in
which they have brought a general master plan to the City for review during the last 2-3 years. He noted
the area was annexed 2 years ago with zoning for the entire area (60 acres south of the frontage road)
requested with duplex zoning on the far end with a transition into multiple housing, transitioning into a
shopping center for 1/2 of the entire site, and within the last several months permanent zoning was
established.
Mr. Kowalik stated the developer has done extensive review of the driveway situation on Westhaven
Drive and Westowne Avenue in conjunction with the five driveways proposed. He handed out an
analysis of the driveways along Koeller Street and the stacking problems that occur there and stated they
have worked to design this development to avoid similar traffic problems.
Mr. Kowalik continued by stating they are taking a close look at the storm water plan for the site, and
believe they have a greater capacity for the collection of storm water run off than is required by the
City's standards, but will continue to work with the Engineering Department of the City to meet all of
their requirements.
Chairman Ruppenthal asked Mr. Kowalik to explain why he was asking for the modification on the
landscaping requirements. Mr. Kowalik stated the City has a high density code, and the developer would
like to balance the parking and the landscaping. He stated the proposal calls for 22 percent of green
space which is greater than the 10 percent required by the City. He stated their proposal also calls for
planting more mature trees, which he believes will be beneficial for the overall appearance of the site.
Plan Commission Minutes Page 3 June 20, 2000
Mr. Borsuk asked what materials were being used for the façade of the building.
Tom O'Neil, Menards Representative, 303 Talnash Street #4, Eau Claire, WI, stated the façade is a gray
tilt up concrete panel with a whitish-gray finish which will look very similar to the Appleton west store.
He continued by passing out pictures of various stores for the Plan Commission's review. Mr. Borsuk
asked if they would consider a different façade to be more compatible with the area and one that would
better enhance the neighborhood. Mr. O'Neil stated they have studied the demographics of the area and
didn't find it to be cost effective to put in a façade typical to a Milwaukee location.
Mr. Blassingame asked what the square footage was of the 35' high sign. Mr. Kowalik stated all of their
signage totaled a surface area of 1,456 square feet, which was less than the 1,600 square feet allowed by
the City Ordinance for 2 acres or greater.
Mr. Smith asked how high the various signs were for the McDonald's and Racette businesses in the
area. Mr. Kinney stated he didn't have that information. Mr. Kowalik stated they are asking for a 35'
high sign to improve the traffic flow in the area, acting as a directional sign, so all traffic doesn't come in
from the next traffic light and signage at Westhaven Drive.
Chairman Ruppenthal questioned the height of the solid wall which surrounds the outdoor storage. Kent
Kowalik stated the wall was 14' high. Mr. O'Neil stated he had a landscape plan particularly for the
Menards site which shows the wood fence as the exterior and the palate stacking as the interior of the
fence and pointed out the extra landscaping that was included around the exterior of the fence.
Mrs. Bloechl asked what was going to happen to the Menards store on Koeller Street. Mr. Kowalik
stated there will be a very high demand for the old Menards building, per studies that have been done on
the demographics of the area.
Robert Kujawa, 504 W. Nevada Avenue, stated he felt this was a great addition to the Highway 21
corridor, however he was concerned about the access from Westhaven to STH 21. He stated the DOT
was concerned about the internal circulation plan for the area so all the traffic wouldn't have to use STH
21 to gain access to the development. He stated Oakwood Road and Havenwood Road could be utilized
more effectively to provide this access. Mr. Kujawa stated he was also concerned about the parking and
circulation of traffic in this development. He compared this development to Koeller Street, stating that
Koeller Street is only basically developed on one side, and this development will have driveways on
each side. He stated the elimination of the middle drive of the Menards proposal would help eliminate
traffic problems in that area. He also suggested if a traffic signal were needed in the future on Westowne
Avenue it should be at the cost of the developer. Discussion continued regarding the traffic pattern in the
area and how to avoid potential problems.
Mr. Smith asked if any thought has been given to sidewalks when developing these preliminary plans.
Mr. Kowalik stated sidewalks were located on Westhaven Drive and Westowne Avenue as well as on
the Menards site.
Bill Rosinski, 1217 Washington Avenue, Representative of McDonalds, stated he was also concerned
about the flow of traffic in the area and felt a traffic light would be essential on Westowne Avenue, as he
could see traffic backing up past the McDonalds restaurant. Mr. Rosinski also stated the developer
should be made to comply with the sign standards as he was concerned a higher sign would block the
view of McDonalds. He also stated he had tried to install a higher sign and was denied.
Plan Commission Minutes Page 4 June 20, 2000
Tom Shepeck, 1018 W. South Park Avenue, stated he was on the committee to look at the State
Highway 21 corridor and the DOT had allowed a traffic light to be placed at Westhaven Drive and State
Highway 21. He stated it was a good project and would be unfair to penalize the developer because of
the lack of a traffic light, and it should be looked at as if one will be there.
Mr. Kowalik pointed out that the partnership that is developing the area, along with Aurora Health Care,
has spent over a million dollars at their own risk over a year ago to install roads and widen the stacking
area which would affect traffic exiting onto STH 21.
Art Pommerening, commented on the area where Washburn Street is officially mapped to connect to
Westowne Avenue stating that the DOT has already committed to putting in a traffic light at their cost if
the City or the Township would maintain the light. Mr. Pommerening stated the DOT suggested taking
the light from the Quick Trip area and installing it at the Westhaven Drive and STH 21 intersection. He
also stated the DOT is accelerating their plans to reconstruct Highway 41 into 6 lanes as the traffic
counts are up to 70,000 compared with the criteria of 60,000 cars used for the Neenah area
reconstruction.
Mr. Borsuk stated he was concerned about Menard's vast parking lot and what was being done about
screening it. He also stated he was concerned about the affect the appearance would have on the
neighbors, because Menards wanted to put up a stark white cost-effective building. He stated the
development needs a nice flow of architecture and the item should be laid over at this time to allow the
developer time to come back with a new design.
Mr. Blassingame questioned the purpose of not having side yard setbacks. He was also concerned about
the landscaping for the large Menards parking lot/storage area. He felt so many modifications weren't
needed and Condition number two should be omitted. He also made note of an article in the Oshkosh
Northwestern regarding the Mayor's desire to organize a "Gateway to the City Beautification
Committee", and now the Plan Commission wants to make four exceptions to make what may be
considered a gateway less attractive.
Mr. Kinney stated that 0' setbacks in a modern day commercial development did not impose a negative
impact on the development, but rather conveyed separate ownership in the development. He stated that
the Zoning Administrator is allowed by the Ordinance to make the determination to have larger
plantings for a more immediate benefit to the area. Mr. Kinney stated the parking lot for a store such as
Menards was not the same as a parking lot for a regular retail shop would be when you consider the
square footage the merchandise demands. He noted how having 1-1/2 acres of green space compared to
a parking lot would be more aesthetically pleasing to the area. Mr. Kowalik noted how parcels A & B
would meet the underlying parking code, and the modification for parking was only relative to the
Menards store. He stated their best store is their home store in Eau Claire with 61 less parking spaces
than is required by the ordinance. Mr. Blassingame asked if the parking lot would be suitable for another
use should Menards move off the site. Mr. Kinney stated the area that would be used for outside product
storage would be available for parking.
Mr. Bettes stated he is concerned about the sign height, having too many curb cuts on Westowne
Avenue, and the façade of the building, stating it should follow the same standards as the surrounding
tenants. Mr. Kinney stated the only place in the Ordinance for a higher level of architecture is along the
Highway 41 corridor, and he stated this development meets the Ordinance standards.
Plan Commission Minutes Page 5 June 20, 2000
Mr. Reschenberg stated he is not concerned about the façade of the store, as the stores in Appleton and
Fond du Lac that use the same façade look appropriate. He stated he is concerned about the driveways
being flared out for easier access, especially for semi's which are getting bigger, and damaging many
sidewalks and curbs throughout the City. He also pointed out how the traffic will be backed up because
of the narrower driveways, as there will hardly be enough space to allow 2 cars to maneuver.
Discussion continued on the layout of the entire development, and the identification signs.
Motion by Bettes for approval of the Conditional Use Permit/Development Plan with the
following conditions approved:
1)The off-premise sign be limited to 30' in height.
2)The middle driveway on Westowne Avenue be eliminated.
3)Submit all façade plans for future development on the site to the Department of
Community Development for review and approval.
4)The driveways be flared for adequate semi ingress and egress.
5)The landscape plan will be reviewed to have greater intensity and be approved by
the Department of Community Development. At the time of planting the overstory
deciduous trees proposed in the landscape plan be at least 3 ½" in diameter, the
clump trees be at least 8 feet high, the coniferous trees be at least 8 feet high, and the
understory flowering trees be at least 2 ½" in diameter.
6)A cross access agreement which limits the number and location of internal points of
ingress and egress between parcels to those shown on the plan, and limits the
number and location of driveways from the planned development to public streets
be approved by the City and filed with the Register of Deeds Office.
7)No additional ground signs be allowed on the site unless the development plan is
revised and approved by City.
And with the following conditions being denied:
8)All façade plans be brick, decorative stone, or block, to be submitted to the
Department of Community Development for review and approval. Nays:
Blassingame, Reschenberg, Smith, and Ruppenthal.
9) Developer stand the cost of a traffic light along Westowne Avenue if and when
needed. Nays: Bettes, Blassingame, Reschenberg, Smith, and Ruppenthal.
Plan Commission Minutes Page 6 June 20, 2000
III: CONDITIONAL USE PERMIT/DEVELOPMENT PLAN REVIEW
SOUTHWEST CORNER S. WASHBURN STREET AND WAUKAU AVENUE
Brian Wogernese, petitioner for Michael McClone, owner, requests the Plan Commission review and
approve a conditional use permit/development plan for property generally located at the southwest
corner of S. Washburn Street and Waukau Avenue.
Tom Shepeck, 1018 W. South Park, and Brian Wogernese, 3423 Sheppard Drive, stated they were
available to answer any questions the Plan Commission might have.
Tom Shepeck wanted to note that they were not proposing steel panels but steel siding for the exterior
walls of the structure. He stated that adding any more architectural features to the hotel would make it
look too busy as he stated the hotel was 3 stories in height, had a number of peaks and roof lines, an
octagon shape around the pool area, and special windows to add variety to the structure.
Mr. Shepeck also discussed how the landscape plan for the "L" shaped hotel, with the long part backed
up to the outlet mall, will be designed to eliminate the warehouse look from the outlet mall side. He
stated this will maximize the visibility of the hotel for traffic coming from the south. He stated McClone
Insurance has purchased the land to the south, and after they finalize their plans, they will determine the
landscaping needs to the south. He stated setbacks are more than required, and the landscaping will be
higher on the highway side to provide more pleasing aesthetics for the on-coming traffic. He explained
the amount of green space and berms that will be in back of the hotel to enhance the outlet mall and the
hotel.
Chairman Ruppenthal asked where the detention pond would be located. Mr. Shepeck stated there will
not be a detention pond. He explained there is still research that needs to be done on the amount of
detention needed and where to send the drainage. He stated some ongoing issues are still being studied
by Meade & Hunt. He stated some drainage will most likely drain to the parking area, and some will go
to the green areas. Mr. Shepeck stated additions will be made to the minimum landscape plan submitted
at this time.
Mr. Smith questioned if enough parking spaces would be available when the addition was completed.
Mr. Wogernese used the map as displayed to show there is adequate parking space at this time and at the
time any addition is constructed. Mr. Shepeck also pointed out the number of options for ingress and
egress of the parking lot.
Mr. Borsuk questioned why there wasn't a detention pond required on a 30-acre parcel of land with 5
acres being developed at this time. Mr. Shepeck stated there will be detention required on the 5 acres
they are developing at this time, however, engineering has not completed the process and a permit will
not be issued before Engineering has approved the drainage plan. Mr. Kinney stated the Plan
Commission doesn't need to approve the drainage plan, but the developer must comply with the City's
Ordinance. Mr. Kinney explained they can integrate the drainage into the parking area or some other
aspect of the site plan as long as they can comply with the standards.
Plan Commission Minutes Page 7 June 20, 2000
Mr. Blassingame noted is was an excellent plan, however he suggested a revision to condition number 2
to read Additional windows, painted designs or architectural features be added to the large exterior wall
at the east end of the north wing of the project.
Motion by Reschenberg for approval of the Conditional Use Permit/Development Plan with
the following conditions:
1) At the time of planting, the overstory deciduous trees proposed in the landscape
plan be at least 3 ½" in diameter, the clump trees be at least 10 feet high, the
coniferous trees be at least 8 feet high, and the understory flowering trees be at least
2 ½" in diameter. The landscape plan with these additions will have to be approved
by the Department of Community Development.
2) Additional windows, painted designs or architectural features be added to the large
exterior wall at the east end of the north wing of the project.
3) No additional signs be allowed on the site unless the development plan is revised and
approved by City.
Seconded by Blassingame. Motion carried 7-0.
IV: STREET DEDICATIONS: EXTENSION OF WARREN ROAD; REALIGNMENT
OF MARION ROAD; EXTENSION OF DAWES STREET
The Department of Community Development is asking the Plan Commission to recommend approval of
street dedications for the extension of Warren Road and the realignment of Marion Road within the
Marion Road/Pearl Avenue Redevelopment Project Area, as well as for the extension of Dawes Street
south to connect with Warren extended.
Mr. Kinney stated the City has closed on at least half of the four residential properties in the area. Susan
Kepplinger, Principal Planner for the City of Oshkosh stated the City has closed on two, with two more
closings due this week, and one offer pending.
Mr. Smith asked if Pearl Avenue would be blocked off. Mr. Kinney stated that Pearl Avenue will
continue on and end in a "T" to access the three residential properties in that area.
Mr. Burich asked the Plan Commission to refer to page 30 in the Marion Road/Pearl Avenue Project
Redevelopment Plan, Modification #4 to see how Pearl Avenue will provide access to the three parcels.
Motion by Bettes to approve the street dedications for the extension of Warren Road and
the realignment of Marion Road within the Marion Road/Pearl Avenue Redevelopment
Project Area, as well as for the extension of Dawes Street south to connect with Warren
extended. Seconded by Bloechl. Motion carried 6-0-1. Blassingame voting present.
Plan Commission Minutes Page 8 June 20, 2000
V: MARION ROAD/PEARL AVENUE REDEVELOPMENT PROJECT
The Department of Community Development is asking that the Plan Commission approve an
amendment to Tax Incremental District (TID) #13, to expand the district boundaries and add various
project activities, and to modify the boundaries of the Marion Road/Pearl Avenue Redevelopment Plan
area.
Mr. Ruppenthal questioned if the Chamber building was included in the street dedication. Mr. Burich
stated that the three properties on the east side of Jackson Street needed to be included to meet TIF
statute requirements that real assessable property be on at least one side of a proposed district and that
because Wisconsin Automated Machinery has approved of being in the district that these properties no
longer need to be in the TID and that staff will recommend that the Council omit these properties from
the district.
Mr. Kinney explained that when they were putting together the plan they questioned what should all be
included north of Marion Road and south of the old Rail Road Corridor because they wanted to leave
Mercury Marine out of the district to partner with them at a future date for development, and develop
another TID District in the future. He discussed other businesses that wanted to be included or didn't
want to be included in the TID District. He explained the Common Council can delete one or more
parcels that don't want to be included.
Mr. Smith asked what it meant for a business to be included in a TID District. Mr. Kinney stated a
business would be acquired by the City, relocated and the site would be redeveloped.
Mr. Blassingame asked for clarification of page 2 of the Staff Report in regards to the value of the
properties. Mr. Kinney stated the values indicated the submitted proposals from interested developers
for the four parcels in the redevelopment area appear to exceed initial TID value increments estimated
by the department when the original project plan was developed.
Neal Banes, Oshkosh Community Credit Union Representative, 427 Pearl Avenue, questioned how soon
the redevelopment process would take place. Mr. Kinney stated that once a TID expansion is approved
of by the Common Council, the City is given three years to carry out the project activities in the
expansion area. Chairman Ruppenthal asked how soon the Credit Union wanted to be involved. Mr.
Banes stated they would like to be relocated as soon as possible as it would have an affect on their
membership.
Roy Montgomery, Mercury Marine Representative, stated that he was at the meeting to answer any
questions and questioned which parcels Lamico owned. Mr. Kinney pointed out Lamico, (Oshkosh
Wood Products) on the map as displayed.
Mr. Kinney stated he has had discussions with representatives from Mercury Marine who have had no
problems with the City's plans to vacate properties on Marion Road near Wisconsin Avenue.
George Staffos, 1300 Kensington, Zion Lutheran Church representative, 422 Marion Road, asked how a
day care fit into the long-term plan. Mr. Kinney stated that the City would acquire the day care as it
doesn't fit in well with the other redevelopment objectives. Discussion continued regarding the senior
day care facility, the number of people serviced, and its relocation requests.
Plan Commission Minutes Page 9 June 20, 2000
Mr. Blassingame questioned why Modification #4 is curved in such a manner. Mr. Kinney stated it was
curved in such a manner due to the current property configuration with the Foundry and the University
parking lot.
Mr. Blassingame asked how the land values for the properties in the Request for Proposals in the
redevelopment area were arrived at. Mr. Kinney stated appraisals had been done and Wisconsin Street
properties were found to be more valuable. He stated parcel A was more narrow to work with, therefore
slightly lower in land value and parcels C & D were more challenging to develop, so it would be more
beneficial to receive proposals for development rather than to charge more for the property.
Motion by Bloechl to approve:
1.Approve the proposed boundaries of TID # 13 and Amendment No. 1 to TID # 13
Project Plan.
2.Approve Modification # 4 to the Marion Road/Pearl Avenue Redevelopment Project
Plan and that the boundaries of the project plan area be changed accordingly.
Seconded by Bettes. Motion carried 7-0.
OTHER BUSINESS
I.COUNCIL WORKSHOP
Mr. Kinney reminded the Plan Commission that a workshop will be held immediately following the
Council meeting on Tuesday, June 27. He stated LDR International will be making a brief presentation
on the Downtown Master Plan, and the Council has invited the Plan Commission to participate in a joint
workshop for this presentation. Mr. Kinney also made the Plan Commission aware of an open house on
June 28, at the Park Plaza International Hotel
OLD BUSINESS
I.REVISION OF THE LANDMARKS ORDINANCE
Mr. Borsuk asked how soon a copy of the revision of the Landmarks Ordinance would be avialable for
review. Ms. Kepplinger stated the revision would be ready on July 25th, however, a draft copy was on
the web. A request was made to mail a draft copy to all members of the Plan Commission.
There being no further business, the meeting adjourned.
Respectfully submitted,
DARRYN BURICH
Principal Planner
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