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Plan Commission Minutes 1 November 20, 2007 PLAN COMMISSION MINUTES NOVEMBER 20, 2007 PRESENT: David Borsuk, Thomas Fojtik, Paul Lowry, Paul Esslinger, Kathy Propp, Cathy Scherer, Jeff
Thorkildsen EXCUSED: Ed Bowen, Meredith Scheuermann, Shirley Mattox, Jon Dell’Antonia STAFF: Darryn Burich, Director of Planning Services; David Buck, Principal Planner; Deborah Foland,
Recording Secretary Chairperson Scherer called the meeting to order at 4:00 pm. Roll call was taken and a quorum declared present. The minutes of November 6, 2007 were approved as presented.
(Propp/Lowry) I. CONDITIONAL USE PERMIT AND DEVELOPMENT PLAN REVIEW FOR THE DEVELOPMENT OF A FUNERAL HOME AT THE NORTHWEST CORNER OF W. NINTH AVENUE AND S. WESTHAVEN DRIVE The applicant
is requesting a conditional use permit/development plan approval for the reconfiguration of two lots and the construction of a funeral home with associated improvements. Mr. Thorkildsen
voiced his concern with the traffic at the intersection of W. Ninth Avenue and S. Westhaven Drive. He questioned when the parcel to the south of the proposed funeral home is developed,
if it would have access on W. Ninth Avenue. Mr. Buck replied that at this time we do not know what intentions the owner has for this parcel. Mr. Burich added that access would be determined
at such a time when a conditional use permit is submitted for the site. The access control ordinance would currently permit access off of Ninth Avenue or Westhaven Drive being there
are no access control restrictions, however, since this is a Planned Development District, these details are all open for review, if staff feels it is unsafe, we would not recommend
access off of Ninth Avenue. Ms. Propp questioned if the conditions on this request should be more specific in regard to where the landscape islands should be located in the parking lot.
The conditions state that an island should be incorporated within the southern parking row and she feels that it should be in the center. Mr. Buck responded that it would not be necessary
as that issue would be dealt with at the time the site plan is submitted for review, but if the Commissioners wanted to see the island specifically in the center of that row, the condition
could be amended to specify such. Ramanathan Jambunathan, 920 S. Westhaven Drive, stated that the zoning in this area was changed to C-1PD for the development of Mercy Hospital and he
does not feel that it is appropriate that they sell this parcel to another party to develop a different business on it. This zoning should be for Mercy Hospital’s use only or it should
revert back to the residential zoning that it had before. He further stated
Plan Commission Minutes 2 November 20, 2007 that the traffic is very heavy at this intersection and the addition of another business here will only exacerbate the problem and possibly
deteriorate property values in the area. Judy Moesch, 2507 W. Ninth Avenue, commented that she agrees with Mr. Jambunathan. She also stated that the traffic in this area is so intense
now that at times she can hardly get out of her driveway. Mr. Esslinger questioned if this property is currently a taxable parcel. Mr. Buck replied that he did not know. Mr. Burich added
that Mercy Hospital is most likely a tax-exempt, however, since the funeral home is purchasing the site and as it is privately owned, it shouldn’t be tax exempt. Mr. Borsuk asked if
the landscaping could be made more intense along the Westhaven Drive side of the site to break up the view of the parking lot. Mr. Buck responded that the condition regarding the submittal
of a revised landscape plan could be amended to include that the landscaping be more intense on the east perimeter. Mr. Burich added that staff could evaluate the number of trees and
shrubs on the revised site plan and possibly move some to the east side perimeter. The Commission has required additional plantings in the past on some applications, but it was usually
a compromise for an inadequate setback on the site and this submittal has met the required setbacks on all sides. Mr. Fojtik stated that he felt it was a pretty good use for the site,
but inquired as to how the City goes about determining a change in traffic flow patterns by the addition of a new business use. Mr. Buck responded that when a conditional use permit
is submitted, the usual process is to determine if the proposed use is appropriate for that underlying district and traffic related to the funeral home would be minimal compared to other
types of retail use allowed in the C-1 District. If traffic was anticipated to increase to such an extent, a traffic study would be recommended and the Department of Public Works would
look at a re-design of this intersection. The Department of Public Works did not feel there was any issue at this location at this time. Mr. Burich added that a round-a-bout is currently
being considered for this location in 2009. Motion by Propp to amend condition “C” to state that the landscape island incorporated within the southern parking row be centered in this
row. Mr. Esslinger commented that he feels the site plan and landscaping on the site is fine and does not see any reason to add additional requirements or restrictions to it as long
as it meets the zoning code. Seconded by Borsuk. Motion carried 6-1. Ayes-Borsuk/Fojtik/Lowry/Propp/Scherer/Thorkildsen. Nays-Esslinger Motion by Borsuk to move approval of the conditional
use permit/development plan for a funeral home at the northwest corner of W. Ninth Avenue and S. Westhaven Drive as requested with the following conditions: (a) A land division is submitted.
Plan Commission Minutes 3 November 20, 2007 (b) A pedestrian connection is established from the building to the public walk on S. Westhaven Drive. (c) Submittal of a revised landscape
plan meeting the requirements of the zoning code and incorporating islands at the rear lot parking row ends and within the center of the southern parking row. (d) Detention basin, if
a wet type pond, is designed without rip rap above the water line and native plants be planted on the side slopes of the basin and emergent plants on the safety shelf. Seconded by Thorkildsen.
Motion carried 7-0. II. PRELIMINARY PLAT – LAKE VIEW PARK The petitioner is proposing a 174-lot Preliminary Plat identified as “Lake View Park” for property located at the Northeast
corner of Stearns Drive and County Trunk Highway “T”. Mr. Borsuk inquired who retains ownership and responsibility for maintenance of the stormwater detention areas of the subdivision.
Mr. Buck replied that it is usually the responsibility of the homeowner’s association for the subdivision. Mr. Fojtik asked if once the storm sewers are added in this development, if
the flood plain areas identified on the site are removed from the flood plain maps. Mr. Buck responded that FEMA is the only entity that can amend the flood plain. If the area is built
up to the degree that would eliminate the area from the flood plain, a letter of map amendment could be obtained from FEMA. Mr. Lowry voiced his concern about traffic issues since both
streets exit the development onto Stearns Drive, which is also the location of the new overpass. Mr. Burich replied that the development pattern would continue to the north of this plat
and will create new connections to disburse traffic from this and future developments. Mr. Lowry asked where public access to the parkland areas in outlot 3 would be located. Mr. Buck
pointed out on the site plan the three public access points to the proposed dedicated parkland area. Ms. Scherer questioned if the City would be responsible for the development of the
parkland area. Mr. Buck responded that it would as it is being dedicated to the City and that there currently is no active park area in this location. Ms. Propp asked what criteria are
used to determine the amount of active park area to be dedicated. Mr. Buck replied that the number of household units and density of units is the standard used to determine the park
area which then takes into consideration the range of acreage for the parkland and what the recommended uses for that acreage would be. Mr. Burich added that it would be considered a
neighborhood-style park.
Plan Commission Minutes 4 November 20, 2007 Ms. Propp questioned what the acreage of the active park space would be. Mr. Burich responded that it would be ten acres, which exceeds the
minimum standards. Ms. Scherer commented that a significant amount of area appears to be in the flood plain along the area of the creek. She stated her concerns that homeowners have
a tendency to utilize these outlot areas as additional yard space for their property. Mr. Burich replied that the dedication of Lot 3 along the creek as parkland should alleviate this
issue. Ms. Propp stated that she had concerns with the idea of filling in wetland areas in this development. She feels that we need to preserve our remaining wetland areas in an effort
to preserve water quality and this creek flows into Lake Butte des Morts. Mr. Burich responded that only areas in the floodplain that are outside of wetlands could be filled in for development.
Brad Rymer, Mau & Associates, petitioner for this request, demonstrated on the site plan areas they were proposing to fill in where houses would be located on four to five buildable
lots only. Ms. Propp stated that there was a small wooded area on the site and questioned where that was located on the site plan. Mr. Rymer replied that it is located where the cul-de-sac
is proposed to be. Ms. Propp asked if walking trails were to be included in this development. Mr. Rymer responded that sidewalks were required in the development, but trails may be included
along the parkland area along the creek and possibly other areas as well. Mr. Buck added that connections will be required between the different areas in the subdivision, but that is
usually dealt with in the planned development stages of the site rather than the plat approval. Mr. Esslinger questioned if the staff has the assessed values of these properties after
the homes have been constructed. Mr. Buck replied that he did not have any information on future assessed values but the proposed land use in this area does agree with the City’s Comprehensive
Plan for this area. Mr. Esslinger also questioned if there was any other flood plain area on the site that could be filled to create taxable parcels. Mr. Rymer responded that there was
not. Motion by Borsuk to approve the preliminary plat for Lake View Park as requested with the following conditions: 1. Inclusion of plat data identified in Section 30-72 of the Oshkosh
Municipal Code. 2. Identification of park property, drainage ways and other areas reserved for public use.
Plan Commission Minutes 5 November 20, 2007 3. Changes to the verbiage and labeling of easements are approved by the Department of Public Works. 4. Street intersections are redesigned
to meet at 90-degree angles. 5. Easements are provided to access stormwater facilities. 6. Corners are redesigned with 25-foot radii on the right-of-way lines. 7. The cul-de-sac bulb
shown with a 65 feet radius is reduced to 50 feet. 8. Stormwater management, grading and drainage plan be submitted to and approved by the Department of Public Works prior to submission
of the final plat. 9. Provide all easements necessary for utility, drainage and infrastructure needs as required by the Department of Public Works. 10. Annexation of property included
in the plat that is currently located within the Town of Oshkosh. Seconded by Esslinger. Motion carried 7-0. There being no further business, the meeting adjourned at approximately 4:55
pm. (Lowry/Thorkildsen) Respectfully submitted, Darryn Burich Director of Planning Services