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HomeMy WebLinkAboutMinutes (2) PLAN COMMISSION MINUTES AUGUST 15, 2000 PRESENT: Lurton Blassingame, Donald Pressley, Achim Reschenberg, James Smith, and John Ruppenthal; Chairman EXCUSED: Lee Bettes, Melanie Bloechl, David Borsuk, Steven Gehling, and Donald Krueger STAFF: Jackson Kinney; Director of Community Development, John Bluemke; Principal Planner, and Vickie Rand; Recording Secretary OPEN MEETINGS AND ETHICS ISSUES Warren Kraft, Oshkosh City Attorney, passed around a handout for the Plan Commission’s reference. He proceeded by explaining the Wisconsin Open Meetings Law, and Code of Ethics as it pertained to their duties on the Commission. The meeting was called to order by Chairman Ruppenthal. Roll call was taken and a quorum declared present. The minutes of the August 1, 2000 meeting were approved as mailed. I: CONSENT AGENDA A: Land Division 1945 W. Fernau Avenue James Shaefer, petitioner and owner, requests the Plan Commission review and approve a two lot land division for property located at 1945 W. Fernau Avenue. The general area is characterized by industrial land uses with two legal nonconforming residences in the vicinity of the subject property. The subject property and surrounding properties that are located in the City are zoned M-3 General Industrial District. B: Land Division Westowne Center Kent Kowalik, petitioner for Westowne Centre, LLC, owner, requests the Plan Commission review and approve a four lot land division for property located at the southeast corner of the intersection of Westhaven Drive and Westowne Avenue. The general area is characterized by commercial land uses and vacant land, with the subject property being zoned C-2 PD General Commercial District with a Planned Development Overlay. The Aurora Medical Center is located to the west of the subject property, and Holiday Inn Express to the east. Vacant commercial land owned by Westowne LLC is located north of the site, and vacant residential land owned by Westowne LLC is south of the subject property. Plan Commission Minutes Page 2 August 15, 2000 C: Extraterritorial Land Division 2217 Indian Point Road Frueh Consulting, petitioner for Daniel Holst, owner, requests the Plan Commission review and approve an extraterritorial land division for property generally located at 2217 Indian Point Road. The property is located in the Town of Oshkosh and per the Town of Oshkosh zoning map it is A-1 Agricultural zoning. The property is vacant except for an accessory building. D: Grant Easement to Mercury Marine The Department of Community Development requests the Plan Commission approve the granting of a driveway easement to Mercury Marine over a piece of property owned by the City of Oshkosh in the Southwest Industrial Park, which is situated on the north side of State Road 91 west of Oakwood Road. There was no discussion on the consent agenda. Motion by Smith for approval of the consent agenda. Seconded by Blassingame. Motion carried 5-0. TH II: G. DEMLER ANNEXATION, 2226 W. 9 Joan Gawlick, petitioner and personal representative for Gertrude Demler, owner, requests the Plan th Commission to review and approve the G. Demler Annexation generally located north of 2226 W. 9 Avenue. Temporary and permanent zoning of R-1 Single Family Residence has been requested. Mr. Pressley questioned if sidewalks would be installed once the annexation was complete. Mr. Bluemke stated that sidewalks would most likely be installed. Mr. Smith asked how the lots were connected from the Town of Algoma to the City of Oshkosh. Mr. Bluemke stated they were not connected and that this was actually a town island. Chairman Ruppenthal pointed out that this area became a town island through a court case and was not established by action taken by the City of Oshkosh. Motion by Pressley to approve the G. Demler Annexation with temporary and permanent zoning of R-1 Single Family Residence District. Seconded by Smith. Motion carried 5-0. III: EDISON ESTATES ANNEXATION Dean Larkin, etal, petitioners and owners, request the Plan Commission review and approve the Edison Estates Annexation for property generally located at the northwest corner of Green Valley Road and Fountain Avenue. Temporary and permanent zoning of R-3 PD Multiple Dwelling District with a Planned Development Overlay has been requested. Mr. Smith asked how the staff came up with the figures in the staff report of 78 electors in the area with 104 electors who have signed the petition. Mr. Bluemke explained that 78 persons referred to the number of persons in the area who voted in the last election for governor. He noted the 104 represents the number of people who signed the petition out of the total number of persons residing in the area who are currently eligible to vote. Plan Commission Minutes Page 3 August 15, 2000 Mr. Smith also questioned if this proposal for annexation had changed any from the one which was proposed 3 years ago. Mr. Bluemke stated that one additional single family house had been added and owners have made some improvements to the area. Also the City Council has already approved funds for sewer and water in the 2000 Capital Improvements Program. Chairman Rupppenthal questioned whether the size of the lots would meet the City of Oshkosh Ordinance standards. Mr. Bluemke stated the size of the lots could be addressed through the Planned Development Overlay applied to the area. Mr. Pressley questioned the need for police services needed in the area in lieu of past history. Mr. Bluemke stated the Chief of Police, the City Manager and other departments had met with the owners of the proposed annexation. Motion by Blassingame for approval of the Edison Estates annexation with temporary and permanent zoning of R-3PD Multiple Dwelling District with the Planned Development Overlay. Seconded by Pressley. Motion carried 5-0. IV: REZONING – SOUTH OF 3550 MOSER STREET C.R. Meyer and Sons Company, petitioner for Charles Fernau, owner requests the Plan Commission review and approve the rezoning of property south of 3550 Moser Street from A-1 Light Agricultural District to M-3 General Industrial District. Mr. Smith questioned why the entire parcel shouldn’t be rezoned. Mr. Bluemke stated the staff was responding to the owner’s request. Chairman Ruppenthal questioned if another condition should be made to require the properties to be combined by a deed or some other legal means. Mr. Bluemke stated the applicant would not be able to obtain a building permit without the properties being combined. Motion by Pressley for approval of the rezoning from A-1 Light Agricultural District to M- 3 General Industrial District. Seconded by Smith. Motion carried 5-0. V: CONDITIONAL USE PERMIT: 45’ TELECOMMUNICATIONS TOWER AND ANTENNA 1821 JACKSON STREET Steve DeBauch, petitioner for Knights of Columbus Building Association Inc., owner, requests the Plan Commission to review and approve a Conditional Use Permit (CUP) for a 45’ high telecommunications tower and associated antenna. Janet Moldenhauer, 1845 Wisconsin Street, questioned the height of the average telephone pole in the area. Chairman Ruppenthal stated telephone poles average between 25-35 feet tall. Ms. Moldenhauer stated there is already a tall tower in the area, and feels there is no need for another one. Bob Sobiak, 240 Security Blvd., Green Bay, Wisconsin, representative for Cell-Com, submitted additional pictures of monopoles in various locations in Oshkosh, (on file in the Department of Community Development) and explained how important this particular intersection was for their business to be able to sell the most quality sound. He also noted that there are telephone poles in the area Plan Commission Minutes Page 4 August 15, 2000 which are 40 or more feet tall. He went on to address the staff’s concern about the number of parking spaces by stating a building wouldn’t be located on the site, rather they would install outdoor cabinets that wouldn’t require as much space. He submitted pictures of the outdoor cabinets for the Commission’s reference (on file in the Department of Community Development). Mr. Smith questioned if a 45’ monopole would provide adequate service to the area as compared with their previous proposal of an 80’ monopole. Mr. Sobiak stated the 45’ monopole wouldn’t be able to cover as much area and wouldn’t be able to penetrate buildings as well as an 80’ monopole would. Mr. Smith asked if they would need more towers. Mr. Sobiak stated they would be looking for additional sites. Chairman Ruppenthal questioned if the triangular ornament would be eliminated from the tower. Mr. Sobiak stated it would be removed and that it would result in only a one or two user tower. Chairman Ruppenthal questioned if they had addressed the church’s concerns of interference to their sound system. Mr. Sobiak stated Cell-Com personnel had met with the church and guaranteed to work with them if they experienced any interference problems. Mr. Sobiak stated they had also contacted the grocery store that was opposed to the monopole and stated they were still opposed, basically because of their concerns for the aesthetics of the area. Discussion followed regarding the staff’s recommendation for denial, and what the applicant would need to do before the staff would recommend approval of the Conditional Use Permit. Mr. Bluemke stated there are requirements in the City Ordinance that need to be followed such as providing evidence that there is no other place for an antenna, to provide proper screening, and to be harmonious with the neighborhood. Steve DeBauch, 121 W. Cedar Street, Chilton, Wisconsin, stated he had searched for other sites in the area and came up empty. He stated the industrial sites in the area also had nothing to offer and the Knights of Columbus were the only party they found willing to work with them. He reiterated the importance of the location, and the need to be able to provide quality service in a high traffic area. Mr. Pressley questioned why they could not co-locate on the monopole located on Jackson Street. Mr. Sobiak stated the location was about a mile away from the proposed site and they felt the best location would be within a block or two of the intersection. He stated locating the tower farther from the intersection wouldn’t provide quality service. Mr. Bluemke stated there is a difference in the technology. Mr. Sobiak stated even at the proposed location there would be some gaps and holes, but they would look for less important sites to fill those needs. Janet Moldenhauer stated there are many poles in the area and couldn’t see that one more would be a problem. She withdrew her previous statement opposing the monopole. Steve DeBauch stated he was still proposing an 8’ cedar fence rather than a shrub buffer because the fence would take up less of the parking lot. Mr. Pressley asked if the 45’ monopole would offer a location for other businesses. Mr. DeBauch stated they would welcome other companies to locate on their pole. Mr. Sobiak stated they would lease out space at the fair market value. Mr. Bluemke stated the monopole would need to supply 2 spaces for at least 2 co-locations per the ordinance. Plan Commission Minutes Page 5 August 15, 2000 Discussion continued regarding the landscaping, the parking spaces and the possible need to go before the Board of Appeals. Mr. Blassingame stated he is not opposed to the use in the area but will vote against the CUP since it does not meet the objectives of the ordinance. Mr. Smith stated new technology is coming into the market and it seems the Commission is making it as difficult as could be to come in to the area. He stated he prefers the 80’ monopole because of the quality of service, and didn’t feel it would be detrimental to the neighborhood, however he will support the 45’ monopole. Mr. Pressley stated he wouldn’t support an 80’ monopole but would be in favor of the 45’ one. Motion by Pressley for approval of the Conditional Use Permit for the 45’ high telecommunications tower and associated antenna. Seconded by Smith. Motion carried 4-1. Nay: Blassingame. VI: PRELIMINARY PLAT – PATRIARCH’S SUBDIVISION; REZONING PATRIARCH’S SUBDIVISION; CONDITIONAL USE PERMIT/FINAL DEVELOPMENT PLAN REVIEW PATRIARCH’S SUBDIVISION Garry Decker, petitioner and owner, requests the Plan Commission review and approve a Preliminary Plat known as the Patriarch’s Subdivision for property generally located south of Myrna Jane Drive and west of USH 45. The property is zoned R-1 Single Family Residence District and Mr. Decker is requesting the Plan Commission review and approve a partial rezoning of the property from R-1 to R-3 PD Multiple Dwelling District with a Planned Development Overlay. The petitioner is also requesting the Plan Commission review and approve the final development plan for the area to be zoned R-3PD. Mr. Blassingame questioned if the WI Department of Transportation (DOT) had looked at the development for more than one access point in case of a disaster, and if the recreation trail proposed for the development would be for the subdivision’s private use. Mr. Bluemke stated the recreation trail would be for the development’s private use, and easements may be needed for a circular path for walking and biking. He also stated the WI DOT has looked at the development and does not want more than one access point along USH 45. Mr. Pressley asked Mr. Bluemke to clarify condition number two in regards to the street name issue. Mr. Bluemke referred to Jacob Lane, Patriarch Lane, and Isaac Lane and the service providers concern for clarity as to where one lane stops and another begins, therefore the condition to have the naming issues be resolved prior to the submittal of the final plat has been applied. Constance Kowalske, 87 Myrna Jane Drive, asked where the trail would be located, and what kind of covenants would be placed on the subdivision that might have an affect on their property (i.e. they were considering putting up a fence). Mr. Bluemke stated the trail would be internal to the subdivision and they would not be affected by any covenants placed on the subdivision. Garry Decker, 1113 Oregon Street, gave a brief overview of the history of the property and why he laid out the development in this way. He used the map as displayed to show where the different types of housing would be located, and discussed the development in the surrounding area. Plan Commission Minutes Page 6 August 15, 2000 Mr. Reschenberg questioned Mr. Decker if he had considered flaring the driveway on USH 45. Mr. Reschenberg stated he could see a problem with traffic being backed up on the highway under the current conditions, and noted how the Aurora Health Clinic has a driveway that allows for the traffic to keep flowing. Mr. Decker stated he could look into that option and discussion continued regarding the width of the street and the installation of sidewalks. Mr. Reschenberg suggested making an additional condition to flare the driveway. Mr. Bluemke stated there may be certain criteria to meet and Mr. Kinney stated there may also be some issues the WI DOT may need to address since the drive extends onto USH 45. Chairman Ruppenthal suggested Mr. Decker look into flaring the driveway as a safety precaution, rather than making it a condition. Mr. Kinney stated they would look into it as a potential requirement when an U. S. Highway or State Highway was involved. Motion by Blassingame for approval of the Preliminary Plat known as the Patriarch’s Subdivision with the following conditions: 1) The developer be responsible for all capital improvement costs incurred by this development. 2) Street name issues with emergency service providers be resolved prior to the submittal of the final plat. 3)The final plat illustrate the location of a recreational trail within the subdivision. 4) A covenant be placed on the face of the plat that prohibits lots 33 through 39 and lots 42 through 50 from being combined without the approval of the City. Mr. Blassingame also made a motion for approval of the rezoning from R-1 Single Family Residence to R-3 PD Multiple Dwelling District with a Planned Development Overlay, and the Conditional Use Permit/Final Development Plan for the development of 39 condominiums and 16 two family dwellings as requested. Seconded by Pressley. Motion carried 5-0. VII: PRELIMINARY PLAT – BRISTOL SQUARE Thomas Rusch, petitioner and owner, requests the Plan Commission to review and approve a Preliminary Plat known as the Bristol Square Subdivision for property generally located north of Norton Avenue and west of USH 45. Tom Rusch, 3807 State Road 21, stated he was available for questions. Chairman Ruppenthal questioned if blasting would be used to remove the rock in order to create the lake. Mr. Rusch stated blasting would be necessary and the proper permits would be obtained. Chairman Ruppenthal also questioned how long the project would take. Mr. Rusch stated they have three years to complete the project and will use the rock to construct roads within the subdivision. He also stated sewer is already located in the area as he gave the City permission to cross the property with sewer services for the County garage. Plan Commission Minutes Page 7 August 15, 2000 Chairman Ruppenthal questioned if Mr. Rusch was in agreement with all of the conditions for the acceptance of the preliminary plat and what he would do to gain access to Jackson Street. Mr. Rusch discussed his plans for access through Jackson Height’s and Western Drive and stated he was prepared to do what construction was necessary. Motion by Pressley for approval of the Preliminary Plat known as the Bristol Square Subdivision with the following conditions: 1)Right-of-way from the plat to Jackson Street either be included as part of the final plat or be dedicated prior to the submittal of the final plat. 2)The developer have the Town’s approval to use Western Avenue as an access point prior to submittal of the final plat. 3)The developer be responsible for all capital improvement costs incurred by this development. 4)Street name issues with emergency service providers be resolved prior to the submittal of the final plat. 5)The final plat illustrate the location of crushed rock storage piles, and a covenant be placed on the face of the plat stating that no excavation for the lake and no storage of crushed rock or other materials be allowed three years after the date the plat is recorded. 6)No excavation for the lake shall begin prior to the final plat being approved by all applicable agencies and the plat being recorded with the Winnebago County Register of Deeds. Seconded by Reschenberg. Motion carried 5-0. VIII: REVIEW AND APPROVE AMENDMENT TO PEDESTRIAN AND BICYCLE CIRCULATION PLAN The Department of Community Development requests the Plan Commission review and approve an amendment to the Pedestrian and Bicycle Circulation Plan which the Plan Commission approved in December, 1998. Mr. Kinney explained the amendment that is being proposed at this time to the Pedestrian and Bicycle Circulation Plan, as it applied to the plan that was approved in 1998 which recommended the development of multi-use trails. Mr. Smith questioned if Oakwood road could be built 4’ wider to allow for a bike lane. Mr. Kinney stated parking would need to be eliminated from Oakwood Road and more right-of-way would need to be acquired from existing residential properties to accomplish that. Discussion continued regarding parts of the WIOUWASH Trail that utilizes public right-of-way for bike paths and the fact that this plan is already in developed areas. Plan Commission Minutes Page 8 August 15, 2000 John Hazer, 1101 S. Oakwood, stated he is representing 95 percent of the residents along Oakwood Road. He stated he wished to thank the Public Works Department and the Planning Department for re- working the plan so the City would not be looking to acquire 10’ of right-of-way from property owners along the route or take down mature trees to develop the route. He stated they supported the concept not th to put an actual path on every street in the plan. He asked if the trail from Clairville to Oakwood to 9 would be renamed. Mr. Kinney stated the name of the trail would remain the same. Mr. Kinney stated renaming the trail would be reviewed when improvements are made on Clairville Road. He also stated the document will be gone through completely to determine any necessary changes. Mr. Hazer asked about the trails extending north off of Clairville Road and a foot bridge over Sawyer Creek. Mr. Kinney explained the trails and the intention of constructing a bridge over Sawyer Creek once the connections to residential property and easements were in place. Ann Hazer, 1101 Oakwood Road, stated she understood the school busses would quit running once a footbridge was constructed over Sawyer Creek, and urged the City to look at a safer route for children to get to school. She stated she also understood there was a problem with the DNR regarding the design and construction of the bridge. Mr. Kinney stated he isn’t aware of any design being done at this time for the footbridge or trail for the backside of the school property. Mrs. Hazer also noted the residents along Oakwood Road never wanted a blacktop path in front of their properties and questioned why a bridge was never constructed to extend Westhaven Drive to STH21. Mr. Reschenberg stated that this morning he had heard that a bridge was now on the drawing board and Westhaven would extend to STH 21 yet this year or in 2001. Discussion continued on the placement of a footbridge over Sawyer Creek, and the need for the plan to move forward. Kay Clark, 1570 S. Oakwood Road, questioned if any other paths were being constructed at this time. Mr. Kinney stated the primary path was the trail that would be developed along Sawyer Creek in the next few years. Motion by Blassingame to approve the amendment to the Pedestrian and Bicycle Circulation Plan as proposed. Seconded by Pressley. Motion carried 5-0. Mr. Kinney noted that this item would not be going before the Common Council, and no further review was necessary. He stated he would be working with Public Works and Strand and Associates to complete the project. IX: ACCEPT EASEMENTS AND DEDICATE STREET RIGHT-OF-WAY; GRANT EASEMENT; STREET VACATION The Department of Community Development is asking the Plan Commission to recommend approval of the acceptance of permanent easements from the University of Wisconsin System, and the street dedications for the extension of Warren Road within the Marion Road/Pearl Avenue Redevelopment Project Area. On June 20, 2000 the Plan Commission recommended approval of the majority of the street dedication necessary to complete this extension of Warren Road as the City was still in the process of acquiring the property subject to the dedication area. Plan Commission Minutes Page 9 August 15, 2000 Mr. Kinney explained the proposed easements and street dedication that have resulted from the street improvement plan proposed for the Marion Road/Pearl Avenue Redevelopment Project Area. He explained why they are necessary for the City to proceed with street construction work in 2000, and how they will be able to continue with improvements within the Marion Road/Pearl Avenue Redevelopment Project. He continued by pointing out the development of apartment buildings to take place this fall, with the paving work waiting until spring. He also discussed the utilization of the right-of-way on Dawes Street needed to keep the project moving forward. Tom Sonnleitner, 1747 Orchard Court, University of Wisconsin System, stated he has been working with Mr. Kinney on the project and supported the City’s plans for the redevelopment. Motion by Blassingame for approval of the acceptance of permanent easements from the University System and the subsequent street dedications, the granting of the easement to the University System, and the vacation of a portion of Dawes Street. Seconded by Reschenberg. Motion carried 5-0. There being no further business, the meeting adjourned. Respectfully submitted, JOHN C. BLUEMKE Principal Planner JCB/vlr