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PLAN COMMISSION MINUTES NOVEMBER 2, 2004 PRESENT: Bryan Bain, Jon Dell’Antonia, Shirley Mattox, Kathleen Propp, Cathy Scherer, Jeff Thorkildsen, John Weinsheim and W. Lee Bettes, Chairman
EXCUSED: David Borsuk, Steven Gehling, and Donald Simons STAFF: Darryn Burich; Director of Planning Services, and Vickie Rand, Recording Secretary The meeting was called to order at
4:00 p.m. by Chairman Bettes. Roll call was taken and a quorum declared present. The minutes of the October 19, 2004 meeting were approved as mailed. (Thorkildsen/Dell’Antonia) Unanimous.
I: CONSENT AGENDA ACCEPT PUBLIC UTILITY EASEMENTS – VARIOUS LOCATIONS Locations: A) End of Louise Court – between Louise Court and Keeneville Lane B) End of Homestead Drive – between
Homestead Drive and Hunter’s Place The Department of Public Works requests acceptance of easements in various locations to allow placement of public utilities outside of the right-of-way.
Easements are needed to service water, sewer, or drainage needs for a particular parcel or area. The easements have been prepared by the City of Oshkosh and have been approved by the
property owners. There was no discussion on this item. Motion by Scherer for approval of the utility easements at the end of Louise Court, between Louise Court and Keeneville Lane, and
at the end of Homestead Drive, between Homestead Drive and Hunters Place. Seconded by Weinsheim. Motion carried 7-0. Ms. Mattox arrived at this time. II: EXTRATERRITORIAL LAND DIVISION/CERTIFIED
SURVEY MAP ALONG THE SOUTH SIDE OF C.T.H. “N” IN THE TOWN OF NEKIMI The National Survey and Engineering, petitioner for Perry Yoder and Sons, owner, is proposing a land division of an
approximate 72 acre parcel of land that will create a 6 acre parcel (Lot 1) that will become a residential building site for one single family dwelling. The CSM contains a note stating
the purpose of the CSM is to convey Lot 1 to a member of the family that owns the existing farm. Mrs. Scherer questioned whom “electors” represent. Mr. Burich explained the term “electors”
describes members of the household age 18 years old and older who are eligible to vote. Mr. Bain questioned if construction would not be prevented if the Plan Commission denied this
request. Mr. Burich stated it was his understanding that was correct, under the County Zoning classification in an A-1 or A-2 District where enough land was available.
Plan Commission Minutes -2-November 2, 2004 Mr. Dell’Antonia questioned what effect a denial would have on the owner. Mr. Burich stated the owner would not be able to continue to parcel
off the property. Dennis Yoder, 1328 Clairville Road, stated he had requested the land division for a family member. He stated the County Zoning Ordinance permits a family member to
build on the family farm. He stated this area was chosen for subdivision due to the difficulty to farm that area, as it stood off by itself and was lined by a stand of trees. Mr. Yoder
stated he has spent a lot of money on permits and now the City says he can’t sell this land to his daughter who wants to build there, as she works closely with him on the farm. He stated
his family has farmed the area for 40 years and also questioned if he was in the 3-mile extraterritorial review area allowed by the City. Mr. Bain questioned why Mr. Yoder was requesting
a land division when the County allowed a family member to build a home on the property. Mr. Yoder stated he wanted to set the parcel off from the farmstead so his daughter could purchase
the property and have her own mortgage. He stated it was 6 acres, including a woods, located on the edge of the City extraterritorial review buffer. Mrs. Mattox questioned what the 6
acres in question was being used for at this time. Mr. Yoder stated they were currently farming the area proposed for the new lot. Mr. Dell’Antonia questioned if Mr. Yoder would be able
to sell the 6 acres without a land division. Mr. Burich stated a land division was required to sell the acreage. Discussion followed regarding the City and County requirements for construction
of dwellings on a farm parcel. Mr. Thorkildsen questioned if the CSM was recorded at the County. Mr. Burich stated the City needs to authorize approval for the CSM before the County
will give approval. Mrs. Mattox questioned if the daughter could construct the home if she owned the 78 acres. Mr. Burich stated he believed that would be allowed. Mr. Dell’Antonia questioned
if the owner would be allowed to let his daughter build on his land. Mr. Burich stated they would have to consult with the County on that matter. Mr. Dell’Antonia questioned if approval
of this land division would allow further development of the 6 acre parcel, and further development of the 66 remaining acres, and whether that would have to be done in 6-acre parcels.
Mr. Burich stated he believed the county required a minimum of 5-acre parcels. He stated the concern here was the creation of a new land use pattern in the area. Mr. Bain questioned
if any further land division would have to come before the Plan Commission for approval. Mr. Burich stated the Plan Commission would be required to review any land division for this
area. Mr. Bain noted that the Plan Commission could approve this request so the owner’s daughter could build, and not allow any further land division of this farmland. Mr. Burich stated
the Plan Commission needed to look at whether this land use would be in compliance with the agriculture use of the land and the Comprehensive Plan. Mr. Thorkildsen further questioned
if the County would allow the home to be constructed if the CSM was not considered, and the land not sold.
Plan Commission Minutes -3-November 2, 2004 Mr. Burich stated there is concern over the creation of a new land use establishing a new development pattern in the area, and not preserving
the agricultural use. Mr. Weinsheim noted that somewhat of a residential pattern already exists in the area. Mr. Burich stated under the Wisconsin State Law the City’s didn’t have jurisdiction
over the extraterritorial areas until a couple years ago when the courts passed legislation to allow City’s to review land use issues in the extraterritorial buffer area, according to
their Comprehensive Plan. Mrs. Propp stated at the last Plan Commission meeting 13 key issues were discussed to incorporate into the update of the City’s Comprehensive Plan, with Township
Boundary Agreements being noted as a critical issue. She stated the City needs to get along with their neighbors and the establishment of Boundary Agreements will assist the City committee’s
to vote appropriately on Land division requests of this nature. Mrs. Scherer stated she will make a motion in the positive, but will not be voting in favor of the land division as she
feels the farmland in the area needs to be preserved. She questioned what would happen to the land in the future if the Plan Commission would vote in favor of this land division today.
Mr. Burich explained the petitioners’ options. Motion by Scherer to find the land division consistent with the City’s Comprehensive Plan per Section 30-71 (I)(3) of the City of Oshkosh
Zoning Ordinance as well as the Non Agricultural Land Division Criteria 30-71 (M)(5)(b)(i-iv). Additionally Mrs. Scherer finds the land division to assist and assure the continuation
of the agricultural use of the land per section 30-71 (M)(5)(a) under the agricultural land division criteria. Seconded by Thorkildsen. Mr. Weinsheim stated that he is concerned about
setting a precedence. He questioned what the usefulness of the Plan Commission would be if this request was approved and this land was further divided. Ms. Mattox stated her relatives
are farmers and family members needed to build homes close to one another to be able to work together. She stated she didn’t believe in such a large land division, but would be voting
in favor of this request to preserve the farm and not for any further subdividing. Motion denied 3-5. Nays: Bain, Bettes, Propp, Scherer, and Thorkildsen III: TWO EXTRATERRITORIAL LAND
DIVISIONS ALONG THE WEST SIDE OF CLAY ROAD IN THE TOWN OF NEKIMI Ron Leichtfuss, petitioner/owner, is proposing two extraterritorial CSM’s that will create a total of 6 new residential
building lots and long cul-de-sac street along the west side of Clay Road in the Town of Nekimi. The lots are all approximately 5 acres in size with approximately 50% of each lot area
containing a conservation easement area around a building envelope. The lands are currently zoned A-2 under Winnebago County zoning which allows the creation of residential lots on minimum
5 acre lots. The request has been withdrawn by the owner until the December 21st Plan Commission meeting.
Plan Commission Minutes -4-November 2, 2004 IV: CONDITIONAL USE PERMIT FOR A 30 BED COMMUNITY BASED RESIDENTIAL FACILITY AT THE SE CORNER OF MILL STREET AND BAY SHORE DRIVE Martin Ganther
Group, petitioner, Homestead Condo Corp., owner, is requesting a conditional use permit to construct and operate an elderly and dementia community based residential facility (CBRF) containing
20 resident rooms and 30 beds. The facility will employ approximately 20 persons working in three shifts. Approximately 10 visitors are expected at the facility during peak periods.
Mr. Burich explained the Fair Housing Act of 1988, and stated the lot size on site would allow up to 29 dwelling units. He discussed the history of the site and noted the current proposal
is in compliance with the base standards of the R-5 Zoning District. Mr. Burich stated that the petitioner had held a neighborhood meeting on October 25, 2004 and it was understood that
the neighborhood was generally supportive of the project. Mr. Weinsheim questioned if locating the parking lot on the Mill Street side would conflict with the boat launch. Mr. Dell’Antonia
asked for clarification on what the site was currently zoned. Mr. Burich stated the site was currently zoned R-5, Multiple Dwelling District and that the development was in compliance
with the setbacks according the Oshkosh Zoning Ordinance. Ed Stander, 37 Bowen Street, stated when he bought the condo adjacent to the site, there was a buyback clause from the owner.
He stated he hasn’t contacted the developer to date, and asked the Plan Commission to lay the item over until he could contact them regarding this proposed development. Mr. Stander also
stated there are senior apartment complexes throughout the City and questioned market demand, how many developments are filled to capacity, and what their occupancy level is. Mr. Bain
questioned Mr. Stander as to when he was notified of this proposal. Mr. Stander stated he had received correspondence approximately two weeks ago. Mr. Dell’Antonia questioned Mr. Stander
as to the conditions of the buy back clause. Mr. Stander stated that if more lakefront condos weren’t constructed he had the option for the Company who sold him the Condo to buy it back.
Ben Ganther, 6030 County Rd. A, stated the buy back clause was given because they didn’t know if they would be able to proceed with construction of further condominium buildings. He
stated they could have built a 45 foot tall, 4-story structure, however, they feel the proposed development would provide the lowest impact use for the neighborhood. He stated the residents
won’t be driving, therefore the only traffic impact will come from staff and visitors. Mr. Ganther stated he has been trying to sell condos at the site since 1995, with no luck. He further
stated the northernmost condo unit never did sell.
Plan Commission Minutes -5-November 2, 2004 Mr. Dell’Antonia questioned if the Martin Ganther Group owned the subject property. Mr. Ganther replied they owned the property. Mrs. Scherer
stated she was surprised that condos didn’t sell in that area and asked Mr. Ganther to share any information he had as to why. Mr. Ganther stated there hasn’t been any demand for condos
in this area. He stated 2 out of 3 partners have sites for the elderly and they have put a 1/2 million dollars into selling condos on this site since 1995, with no success. Mrs. Scherer
asked Mr. Ganther to share any concerns that may have come up at the neighborhood meeting held on October 25th. Mr. Ganther stated the neighbors concerns basically consisted of landscaping,
elevations and the neighboring condo units. Mr. Ganther stated they have agreed to buy the condo from the owners wishing to move out of the area. Ms. Mattox questioned if a feasibility
study had been done for the property. Mr. Ganther stated the third partner, and the one who would be managing the site, has done a marketing study and also owns other such properties
in neighboring states and Toronto, Canada. Mrs. Propp stated she feels the use is fine and has no objections, however, she did have objections to the development being so close to the
condominium units, blocking the lake view for those owners, resulting in the developers buying back or purchasing the adjacent condominium units. Ms. Mattox questioned if it would be
possible to move the complex closer to Mill Street. Mr. Burich stated the development is in compliance with the minimum required setbacks. He stated the building could be reconfigured
but the setback to Mill Street is at the minimum, and the Plan Commission needs to look at the use of the site. Mr. Dell’Antonia stated it appears to be a good use for the property.
He stated only 2 out of 3 condos have sold in the past, and they would have built more if the demand had been greater. Motion by Bain for approval of the CBRF CUP request as it is found
to be consistent with Section 30-11 (D) of the Zoning Ordinance subject to the following condition: 1) The site shall not sheet drain to the public street. A site grading and drainage
plan shall be approved by the Department of Public Works. Seconded by Weinsheim. Motion carried 7-1. Nay: Propp. V: PUBLIC HEARING: 2005-2009 CAPITAL IMPROVEMENT PROGRAM Staff requests
Plan Commission review and acceptance of the 2005-2009 Capital Improvement Program.
Plan Commission Minutes -6-November 2, 2004 Annually, the Capital Improvement Program (CIP) is prepared by the Department of Public Works to show capital expenditures in the next year
and planned expenditures for up to five years. While the five year CIP covers the period 2005-2009, the City will officially adopt for implementation only one year of the plan (2005),
leaving room for change as conditions and opportunities warrant in future years. Mr. Burich stated that he is looking for the Plan Commission to make a recommendation based on the consistency
with the Comprehensive Plan. David Patek, Director of Public Works, City of Oshkosh, 215 Church Street, stated he wanted to clarify this was the City Manager’s program, which the Public
Works Department has put together. Mr. Dell’Antonia referred to page 10, the storm sewer projects funded in prior years but not constructed and questioned if the City will be taking
on more than they can do in 2005 with 22 projects already recommended. Mr. Burich stated that the Plan Commission does not have authority to take the funding into consideration. Mr.
Dell’Antonia asked about the timing of the projects. Mr. Patek stated that 25 projects were done in 2004, and there have been specific reasons beyond the City’s control as to why some
projects weren’t done. Mr. Dell’Antonia specifically questioned the Anchorage Basin Relief Channel. Mr. Patek explained that because of a grant they applied for from the Department of
Natural Resources (DNR), the project was delayed until 2005. He stated the City has received a $700,000 DNR grant and the Anchorage Basin Relief Channel is recommended for 2005 along
with City funding. Mr. Dell’Antonia questioned if the money budgeted for the Anchorage Basin Relief Channel could be applied to other projects. Mr. Patek stated they would not have to
borrow as much money as previously thought because of the grant received. Mr. Bain noted the Fire Department’s needs are included, but didn’t see any Police cars requested. Mr. Patek
stated the cars for the Police Department are purchased out of their operating budget, but other needs for the police department, such as the Safety Building renovation, are included
in this CIP. Mr. Weinsheim questioned if the City is planning for the future as it relates to potential needs regarding fiber optic or utilities when working on streets. Mr. Patek stated
they plan for future utilities and coordinate with SBC, WPS, Time Warner and others to get services in place when new streets are developed or reconstruction is done. Mr. Bain questioned
when the general public would have the chance to question individual items they may be concerned with. Mr. Patek stated a neighborhood meeting was held last Wednesday, October 27th,
and all property owners involved with street repairs, etc. were notified and will be notified of future meetings they would be able to attend.
Plan Commission Minutes -7-November 2, 2004 Chairman Bettes questioned if the Transportation Advisory Board, the Parks Advisory Board, or any other committees have reviewed the Capital
Improvement Program. Mr. Patek stated their projects have been submitted through committee action and submitted to the City Manager. Mrs. Mattox stated that last year Design Engineering
wasn’t included in work scheduled for 2005 (i.e. Page 1, #2 & #3). Mr. Patek stated more work was needed because of the problems with Washburn Street, therefore they went back to the
first plan that scheduled North Main Street for 2006, New York Avenue for 2007, and Washburn Street for 2008. He stated this project was partially funded by the Department of Transportation,
however they couldn’t meet the time frames for acquisition of right-of-way. Mrs. Mattox questioned if they were doing reconstruction on N. Main Street because of the paser rating. Mr.
Patek stated the projects funded by the Department of Transportation are required to be arterial and collector streets and they looked over the City’s needs and came up with this schedule.
Motion by Weinsheim for acceptance of the 2005 – 2009 Capital Improvement Program, with a finding that listed projects are not in conflict with the City of Oshkosh’s Comprehensive Plan.
Seconded by Thorkildsen. Motion carried 8-0. OTHER BUSINESS No other business was discussed. There being no further business, the meeting adjourned at approximately 5:08 p.m. (Dell’Antonia/Mattox).
Unanimous. Respectfully submitted, DARRYN L. BURICH Planning Services Director DLB/vlr