HomeMy WebLinkAboutMinutes
Plan Commission Minutes 1 November 6, 2007 PLAN COMMISSION MINUTES NOVEMBER 6, 2007 PRESENT: David Borsuk, Ed Bowen, Thomas Fojtik, Paul Lowry, Kathy Propp, Shirley Mattox, Jon Dell’Antonia
EXCUSED: Meredith Scheuermann, Paul Esslinger, Cathy Scherer, Jeff Thorkildsen STAFF: Darryn Burich, Director of Planning Services; David Buck, Principal Planner; Jeff Nau, Associate
Planner; David Patek, Director of Public Works, Steve Gohde, Assistant Director of Public Works; Deborah Foland, Recording Secretary Chairperson Dell’Antonia called the meeting to order
at 4:00 pm. Roll call was taken and a quorum declared present. The minutes of October 16, 2007 were approved as presented. (Lowry/Mattox) I.A. RELEASE SANITARY SEWER EASEMENT AT 333
W. 29TH AVENUE AND 370 W. WAUKAU AVENUE (OSHKOSH TRUCK CORPORATION) The Department of Public Works is requesting the release of a sanitary sewer easement located at Oshkosh Truck’s operations
at 333 W. 29th Avenue and 370 W. Waukau Avenue. Steve Gohde, Assistant Director of Public Public Works commented that the easement release involves both the sanitary sewer and water
main. I.B. GRANT PRIVILEGE IN THE STREET FOR PLACEMENT OF FIBER OPTIC CABLE AT THE 800 BLOCKS OF ALGOMA BOULEVARD AND ELMWOOD AVENUE The petitioner is requesting a privilege in street
to allow the installation of private fiber optic conduits across Elmwood Avenue near W. Irving Avenue and Algoma Boulevard near Clow Social Science Center, as well as signal conduits
located under city sidewalk along the south side of Elmwood Avenue near Polk Library. This construction is part of the University’s plan to expand the campus data network and enhance
data resources in classrooms, the library and student dormitories. There was no discussion on this item. I.C. ACCEPT EASEMENTS FOR CONSTRUCTION OF PUBLIC SIDEWALK AT 1650, 1656, AND
1661 RIVER MILL ROAD The Department of Public Works is requesting the acceptance of three easements to allow the construction of public sidewalk along the north and south sides of a
portion of River River Mill Road. Mr. Dell’Antonia commented about the fact that since the sidewalk issue had already been acted upon by Council, what would happen to this request if
the Plan Commission voted to deny it. Mr. Burich responded that the request would still be forwarded to the Council for action.
Plan Commission Minutes 2 November 6, 2007 Mr. Gohde added that if the Council would deny the request, the sidewalk area would have to be reconstructed at the owners’ expense. Mr. Gohde
further stated that when they realized that the right-ofway location for the sidewalk in the driveway area was improperly placed on these three properties, his office had contacted the
property owners and it was agreed to grant the City a one-foot easement to install the sidewalk. The documents were drafted as soon as possible to bring this item forward for approval.
Ms. Mattox questioned who made this mistake. Mr. Gohde replied that it might have occurred when the staking off was done at the time the homes were initially constructed. Mr. Bowen inquired
if this was in the driveway area only. Mr. Gohde responded that it was. I.D. ACCEPT ELECTRIC EASEMENT FOR PLACEMENT OF CITY UNDERGROUND ELECTRIC LINE ON LOT 35 OF THE FIRST ADDITION
TO QUAIL RUN FARM SUBDIVISION (QUAIL RUN DRIVE) The City of Oshkosh Department of Public Works Works is requesting the acceptance of an electric easement to allow the placement of an
underground electric line along the west side of Lot 35 of the 1st Addition of Quail Run Farm Subdivision. There was no discussion on this item. I.E. ACCESS CONTROL VARIANCE FOR AN ADDITIONAL
DRIVEWAY ON E. PACKER AVENUE AT 2737 HARRISON STREET (OSHKOSH TRUCK) Mr. Dell’Antonia asked if the driveway was already in place. Mr. Nau responded yes and the grading and drainage plans
have already been approved by the Department of Public Works. Mr. Dell’Antonia questioned how the construction has already been completed before the property owner requested approval.
Mr. Burich replied that the property owner did not submit the application until after the fact and the City is not always informed of work being done on private property beforehand.
Once it is discovered, we must go through legal channels to make it code compliant. Motion by Propp to move approval of the consent agenda as requested with the correction to Item IA
to release sanitary sewer and water main easement and with the following conditions to be placed on Item IB: 1) The private fiber optic conduits be installed in a manner that is approved
by the Dept. of Public Works with no modifications or changes in construction procedure without prior approval by the Dept. of Public Works. 2) If no longer needed, the private fiber
optic conduits be properly abandoned and removed in accordance with City standards and under the direction of the Dept. of Public Works.
Plan Commission Minutes 3 November 6, 2007 3) Any problem which may arise as a result of the placement of the private fiber optic conduits be the responsibility of the petitioner, contractors
and owner to correct in coordination with the Dept. of Public Works. 4) All appropriate permits be obtained prior to the start of placement of the private fiber optic conduits. 5) The
fiber optic conduits be modified or removed immediately upon the request of the City. 6) The facility be part of and documented with Digger's Hotline system. 7) The petitioner and contractors
secure and submit 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.
8) It is the responsibility of the petitioner 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 street upon 10 days notice. 9) 9) The petitioner and contractors execute hold harmless agreements with the City. And the following condition
to be placed on Item IC and ID: 1. Appropriate easement documents completed and signed between the city and property owners and recorded at the Winnebago County Register of Deeds. Seconded
by Lowry. Motion carried 7-0. II. ZONE CHANGE FOR PROPERTY LOCATED AT 8 WEST NEW YORK AVENUE AND 1209 N. MAIN STREET FROM R-2 TWO FAMILY RESIDENCE DISTRICT TO C-3 CENTRAL COMMERCIAL
DISTRICT City administration is requesting a zone change for a single lot (previously two individual properties) located at 8 W. New York Avenue and 1209 N. Main Street from R-2 Two
Family Residence District to C-3 Central Commercial District to bring the current and historic property use into compliance with the zoning code. Mr. Bowen questioned how the parking
lot would be brought into compliance as the staff report mentions that the lot does not have the required front and transitional yard setbacks. Mr. Buck responded that the Board of Appeals
would need to grant a variance for the site or the parking lot use would have to be ceased and removed. The building on 1209 N. Main Street is legal nonconforming/grandfathered, the
parking lot is the only item that is not legal as it was constructed without conditional use or building permits. Mr. Burich further commented that the parking is necessary to the site
as there is no on street parking in this area of the city. He also stated that landscaping may be required to be added to the parking lot to meet requirements. Since this parking lot
was constructed without approval or permits, Mr. Fojtik inquired what the consequence would be for these actions. Mr. Buck stated this rezone will make the use conforming but it is still
in dimensional nonconformity. Mr. Burich added that the owner would have to proceed with the process of applying for a variance through the Board of Appeals, but no other action would
be taken against them as the construction of the parking lot happened in 1994. Ms. Mattox Mattox commented that she thought that 1201 N. Main Street was a residential use.
Plan Commission Minutes 4 November 6, 2007 Mr. Buck responded that there was a business located in the lower level of that property and there was also a seamstress shop located at 1209
N. Main Street. Ms. Mattox questioned if the properties at 8 W. New York Avenue and 1209 N. Main Street were purchased at the same time. Mr. Burich replied that there was a land contract
in place at one time, which land control recently reverted back to the owner. Mr. Buck added that the current owners do not have the previous history for the site. Ms. Mattox inquired
as to whom is utilizing the parking lot. Mr. Buck responded that he did not have this information but assumes it’s for users of the 1209 N. Main Street building. Ms. Propp asked to clarify
that both 1201 N. Main Street and 1155 N. Main Street had a zoning classification of C-3. Mr. Buck replied yes. Ms. Mattox questioned if C-3 allowed mixed-use developments. Mr. Burich
responded that both C-1 and C-3 zoning classifications allowed for mixed-use developments with a Council approved conditional use permit. Motion by Borsuk to approve the zone change
for 8 W. New York Avenue and 1209 N. Main Street from R-2 to C-3 as requested. Seconded by Propp. Motion carried 7-0. III. CONDITIONAL USE PERMIT/DEVELOPMENT PLAN APPROVAL TO PERMIT
REUSE OF AN ABANDONED SIGN (FORMERLY RACETTE) FOR OUTLOT ADVERTISING ALONG WASHBURN STREET The applicant is requesting CUP/PD approval to utilize an existing sign structure to advertise
the sale or lease of outlots adjacent to the Lowes development along N. Washburn Street. The sign was formerly used to advertise the adjacent Racette auto dealership that was acquired
for the Washburn Street reconstruction project. Ms. Mattox questioned if the lots do not sell, if the sign would remain on site permanently. Mr. Burich replied that there is a condition
placed on the conditional use permit request that would allow it to be valid for a period of two years only. Mr. Dell’Antonia asked if the period could be changed to one year. Mr. Burich
responded responded yes, it could be changed to one year if the commission so desired. Mr. Fojtik inquired if the sign design had to meet certain standards.
Plan Commission Minutes 5 November 6, 2007 Mr. Burich replied that it did not. Mr. Lowry questioned that if a property owner has land for sale, why he could not advertise it without
conditional use approval. Mr. Burich responded that the issue was not advertising the lot where the sign was located, but that it also will be advertising the remaining outlots in the
area as well. Mr. Burich further stated that the applicant is looking to utilize the existing sign as it is already on site and that some of the circumstances related to the outlots
was created by the reconstruction of Washburn Street. Mr. Bowen asked how big of a sign the zoning ordinance allows. Mr. Buck replied that the ordinance allows 32 square feet for a real
estate sign. Art Pommerening, 237 N. Washburn Street, stated that he is working with the Wisconsin Department of Transportation on the parcels on the north side of the lot, and that
in all likelihood, a gas station would be located on the parcel where the sign is currently located. He further stated that he would like to utilize the current sign, as it already exists
on the site rather than put up new real estate signs on each parcel. Motion by Borsuk to approve the conditional use permit/development plan to permit reuse of an abandoned sign for
outlot advertising along Washburn Street as requested with the following conditions: 1) The CUP is valid for two years from issuance or upon sale of or development of the outlots and
the sign removed, whichever comes first. Seconded by Fojtik. Motion carried 7-0. IV. CONDITIONAL USE PERMIT AND REZONING FROM R-2 DISTRICT TO C-2 DISTRICT FOR THE REDEVELOPMENT OF AN
AUTOMOBILE SERVICE STATION (KWIK TRIP) LOCATED AT 2005/2021/2103 OREGON STREET AND 225 W. 20TH AVENUE The applicant is requesting a rezoning and a conditional use permit for the redevelopment
and expansion of a Kwik Trip automobile service and retail establishment, car wash and associated site improvements. Mr. Buck presented the item and displayed a new landscaping plan
submitted by the petitioner. Mr. Fojtik questioned the location of the detention pond as it is on the landscape plan included in the board packets, but is not on the plan being displayed
now. Hans Zietlow, representing Kwik Trip, stated that the new landscape plan has reserved the space for but does did not depict the detention pond, as it may not be required since the
new site plan will actually decrease the amount of impervious surface on the site. Mr. Dell’Antonia inquired if this Kwik Trip would be similar to the new one located at Highway 44 and
26. Mr. Zietlow responded that it would be.
Plan Commission Minutes 6 November 6, 2007 Ms. Propp asked where the pedestrian access was located. Mr. Buck displayed on the site plan where the pedestrian access leads from the building
extending to Oregon Street. There is not pedestrian access going to W. 20th Avenue, as sidewalks do not exist on the full length of the south side of this street. The site plan shows
the sidewalk going from Oregon Street west on W. 20th Avenue and terminating at the driveway. Mr. Lowry questioned if there is a bus stop that follows this route. Mr. Burich replied
that he did not know. Ms. Mattox commented that she was concerned with this site in a residential area where sidewalks are not present. Mr. Gohde stated that the terrace area is 7 ½
feet wide, which would allow for placement of the sidewalk. Currently, they were only requiring sidewalk placement in the driveway area to allow for future sidewalk installation though
it is not on the agenda to be ordered now. Mr. Burich asked if there was an issue with ordering in the the sidewalk installation on this site now. Mr. Gohde responded no. Mr. Zietlow
stated that they did not have any problem with the sidewalk installation. Ron Olesen, 2014 Oregon Street, stated that he was concerned with the entire development on this site. He further
stated that he has lived there for 15 years and the traffic flow at this intersection is very busy and exiting from this site is difficult. The light control at the intersection is poor
and to increase business at this location will only exacerbate the situation. He also stated concerns with the noise from the car wash, as well as the litter, theft and vandalism associated
with this business in a residential area and fears that it is going to affect the value of his property. He also commented on the additional traffic generated in this area at shift changes
at Oshkosh Truck’s plant located on Oregon Street. Mr. Zietlow stated that the traffic flow should be improved by the new site plan and that all new Kwik Trip stores have car washes
associated with them and he did not feel that it would create problems in relation to noise and litter. He further stated that the only way to accommodate the zoning ordinance requirements
was to enlarge the site and he felt it would be a win/win situation for the City and neighbors alike. He also inquired if condition #7 relating to the detention pond could be altered
to state, “if required by the Department of Public Works” as it may not be necessary. Mr. Dell’Antonia asked if the store would be physically moved. Mr. Zietlow responded that the current
store and associated improvements would be demolished and the new building would be constructed about 50 feet back from the current location. The car wash would be located on the west
side of the property near Lake Aire Center to be least obtrusive to neighbors and he felt that Mr. Olesen was objecting to it as he works for a car wash and considers this addition as
competition. Mr. Borsuk inquired if the current site was curbed. Mr. Zietlow replied that he was not su
re.Plan Commission Minutes 7 November 6, 2007 Mr. Olesen commented that he does work for a car wash, but the concept of new competition was not the issue here. He stated that the noise,
litter, and traffic were the reason for his objection. Ms. Propp questioned if the setbacks on the southern lot line met the City requirements and if the landscaping on the site was
adequate. Mr. Burich replied that the setbacks did meet the requirements and the landscaping plan will be reviewed by the Zoning Administrator to ensure compliance before the permit
would be issued. Ms. Mattox asked if the 52 parking stalls meet the current and proposed parking ordinance requirements. Mr. Buck responded that it is compliant with the current code
and would be on the upper end of what is required in the proposed amendment to the parking ordinance. Ms. Mattox questioned what the hours would be for the car wash. Mr. Zietlow replied
that they usually operate 24 hours a day, but a condition could be added limiting the hours of operation if the commission so desired. Mr. Dell’Antonia commented that he felt the new
site plan would be a significant improvement from the current site. Ms. Mattox asked if the driveway on Oregon Street was located too close to the intersection of W. 21st Avenue. Mr.
Burich responded that it was not and that moving the driveway further away from the intersection of W. 20th Avenue and Oregon Street should be more beneficial to the area. Mr. Borsuk
stated that he would like to amend condition #7 relating to the detention pond to read, “if required by the Department of Public Works” and to add condition #8 stating that sidewalks
be completed along the north property line. Ms. Propp added that she would like to add condition #9 limiting the car wash operation hours from 7:00 am to 10:00 pm. Motion by Borsuk to
approve the conditional use permit and zone change from R-2 to C-2 for property located at 2005/2021/2103 Oregon Street and 225 W. 20th Avenue as requested with the following conditions:
1. Properties are combined into a single parcel. 2. Cross access easements/agreements between the subject lot and lot to the west is provided. 3. Driveway sizes on the 20th Avenue and
Oregon Street drives be designed with one twelve (12) foot ingress & two ten (10) foot egresses with a four (4) foot “rumble strip”/textured mountable median, as proposed. 4. A five
(5) foot sidewalk easement be provided at the angle in the northeast corner of the subject site for potential ramp construction. 5. Pedestrian connections are established from the retail
building to the public walk. 6. Install landscaped island in the parking lot at the northwest corner of the main retail building. 7. Detention basin, if required by the Department of
Public Works, 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.
Plan Commission Minutes 8 November 6, 2007 8. Sidewalks be completed along the north property line. 9. Car wash operation hours be limited from 7:00 am to 10:00 pm. Seconded by Propp.
Motion carried 7-0. V. PROPOSED TEXT AMENDMENT TO THE COMPREHENSIVE PLAN The Department of Community Development is requesting approval of a proposed text amendment to the City’s Comprehensive
Plan involving the “Rural Preservation” land use description identified in Chapter 4, Land Use Element of the Comprehensive Plan. Staff is requesting to amend the Rural Preservation
land use description to provide the limited ability to approve “infill” type land divisions within the designated “Rural Preservation” areas identified on the Land Use Map that addresses
existing small residential areas within larger predominately agricultural use areas. Mr. Burich presented the item and explained that this text amendment would accommodate land divisions
in the three-mile extraterritorial area where previously existing residential uses are located and would alleviate making any adjustments to the Land Use maps. The Plan Commission would
still review and approve/deny any land divisions in these areas as in the past. Motion by Bowen to approve the proposed text amendment to the Comprehensive Plan as requested. Seconded
by Lowry. Motion carried 7-0. VI. PUBLIC HEARING: 2008-2012 CAPITAL IMPROVEMENT PROGRAM AND 2008 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ACTION PLAN Staff requests review and acceptance
of the 2008-2012 Capital Improvement Program and 2008 Community Development Block Grant Program Action Plan. The purpose of this review is for the Plan Commission to make a determination
of consistency of the proposed programs and activities with the City’s Comprehensive Plan, official maps, or other planned activities of the City. Mr. Burich stated that the preliminary
draft of the Capital Improvement Program is prepared by the Department of Public Works and receives final approval by the Common Council. David Patek, Director of Public Works will be
conducting the presentation on this item. Mr. Patek stated that the Capital Improvement Program has ten sections and covers improvements to items such as streets, sidewalks, utilities,
parks, TIF projects, traffic, property, and equipment replacements. He gave a brief overview of each section in the report. Mr. Borsuk questioned the map displaying the years for sidewalk
review in the various areas in the city. Mr. Patek explained that the city was revising the cycle for sidewalk review from a 20-year cycle to a ten-year cycle. Mr. Borsuk also commented
that he did not feel that the Global Parkway extension in the Southwest Industrial Park is designed well. There appears to be a small island of land located there and he feels the design
plan needs to be revisited. Mr. Patek responded that the city is working with Chamco on the industrial park and the intent was to balance out the larger parcels with some smaller lots.
Plan Commission Minutes 9 November 6, 2007 Mr. Borsuk stated that he noticed that the storm sewer projects are being bonded rather than being paid out of the stormwater utility revenues.
Mr. Patek replied that the city could not do the storm sewer projects on a cash basis as the revenue funds have not accumulated enough excess funding at this point and rates would have
to be increased. Mr. Bowen inquired about the status of the storm sewer projects funded in prior years but not constructed in the Washburn/Koeller Streets-Campbell Creek Basin area.
Mr. Patek responded that the Council directed the City to restudy the Campbell Creek basin before proceeding with plans. At this time, the reports from the study have not yet been finalized
at which time they will go back to the Council for approval. Mr. Lowry commented that it appeared that 40% of the capital improvement budget was for streets and utilities. Mr. Patek
replied that he was not sure of the mathematical breakdown of the sections. Mr. Lowry questioned questioned how much control the City has over the street/utility expenditures related
to State assisted projects or if it is strictly mandated by the State. Mr. Patek responded that the City is not technically mandated by the State to participate in improvement projects,
but is approached with the decision to participate, which is decided by Council approval. Mr. Lowry asked who sets the timelines on these projects. Mr. Patek replied that the State is
in the drivers seat when it comes to setting the timelines for the completion of these projects. Mr. Bowen inquired about the status of the construction of the Riverside Park docking
facilities. Mr. Burich responded that the construction was tied to grant funding and he was not aware of the current status of the project, but he would look into it. Mr. Buck conducted
the presentation of the 2008 Community Development Block Grant Program Action Plan, which anticipates the 2008 budgeting for this program. Mr. Buck explained that the federal funds received
are required to be spent on programs which meet the national objectives of this funding which are to benefit low to moderate income persons, aide in slum/blighted removal and prevention,
and urgent need assistance such as disasters. The funding for 2008 is anticipated to be $855,447 and is budgeted as follows: Central City Development and Community Facilities $156,500
Housing & Neighborhood Development 360,447 Public Services 142,500 Administration and Planning 196,000 All programs require heavy reporting to HUD accounting for program expenditures
and the Action Plan also requires Common Council approval.
Plan Commission Minutes 10 November 6, 2007 Mr. Borsuk questioned if all the funds budgeted for Central City Development would be spent on the Near East Neighborhood program. Mr. Burich
responded that it is not necessarily for the Near East Neighborhood, but funds acquisition of blighted properties, which will continue to be reviewed by the Plan Commission for approval
before proceeding to the Council for action. Andy Micka, 839 Frederick Street, commented on the mailing he recently received regarding a street reconstruction project that he felt was
deficient in information. He was wondering about the width of the reconstructed street and if parking would be allowed on both sides. Currently, parking is allowed only on the west side
of the street and he would like it to be on the east side because of hydrant placement on the west side. Mr. Buck replied that the standard width of a street in the city is 32 inches.
Mr. Patek confirmed that this figure was correct and stated that there was no plans to change parking on that street after reconstruction. Mr. Dell’Antonia stated that Mr. Micka may
want to approach the Common Council in regard to his concerns relating to this matter or the Traffic Advisory Board hears issues relating to parking. Motion by Mattox to approve the
2008-2012 Capital Improvement Program and 2008 Community Development Block Grant Program Action Plan as requested. Seconded by Borsuk. Motion carried 7-0. There being no further business,
the meeting adjourned at approximately 6:12 pm. (Lowry/Propp) Respectfully submitted, Darryn Burich Director of Planning Services