HomeMy WebLinkAboutMinutes
PLAN COMMISSION MINUTES MAY 4, 2004 PRESENT: Bryan Bain, David Borsuk, Steven Gehling, Shirley Mattox, Kathleen Propp, John Ruppenthal, Cathy Scherer, John Weinsheim, and Lee Bettes;
Chairman EXCUSED: Jon Dell’Antonia and Donald Pressley 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 April 20, 2004 meeting were approved as mailed. (Propp/Bain) Unanimous. ITEM I: CONSENT
AGENDA A: EXTRATERRITORIAL FINAL PLAT FOR THE SANDHILL FARMS SUBDIVISION IN THE TOWN OF OMRO Davel Engineering, petitioner for ASA Development, owner, requests approval for a final plat
identified as the Sandhill Farms subdivision in the Town of Omro. The final plat contains 29 residential building lots. The City’s extraterritorial boundaries take in only a small portion
of the final plat in the southeast area comprised of Lots 1-6 and 28-29. The preliminary plat was was approved by the Plan Commission on 4/6/04. Mr. Borsuk questioned if the preliminary
plat had shown the overall development of the area. Mr. Burich stated the overall development of the area was represented on the preliminary plat, even though the final plat represents
approximately 25% of that area. He stated developers are allowed to submit final plats of an area in phases under the City’s Subdivision Regulations. B: ACCEPT SANITARY SEWER EASEMENTS
The Department of Public Works requests acceptance of sanitary sewer easements on two properties located along W. 20th Avenue that will service the expansion area of the Southwest Industrial
Park. The two properties involved are the YMCA at 3303 W. 20th Avenue and a residence at 3249 W. 20th Avenue. The approximate 40-foot wide by 1,300-foot long easement is located along
the east lot lines of the two properties situated in a north/south orientation. Motion by Borsuk for approval of the Consent Agenda. Seconded by Gehling. Motion carried 8-0. ITEM II:
FINAL PLAT – SECOND ADDITION TO PHEASANT CREEK FARM: This item was laid over from the April 20th Plan Commission meeting for concerns relative to the proposed connection of Meadow Brook
Road and John Moore Drive’s status as a cul-de-sac. Thomas Rusch, petitioner/owner, requests approval of a final plat for the Second Addition to Pheasant Creek Farm. The plat encompasses
approximately 15.72 acres containing 51 buildable lots. The property is zoned R-1 Single Family Residence District, which allows only single family homes as permitted uses.
Plan Commission Minutes -2-May 4, 2004 Brenda Reese, 1305 Heidi Haven Court, stated the lots sizes in her neighborhood, located on a culde-sac, are larger than what is proposed for the
new subdivision and it would be nice if they could match up in size. Ms. Reese also questioned if something could be done about the dust in the area until the streets are paved. Mr.
Burich stated that the lot sizes in the proposed subdivision either meet or exceed the minimum Zoning Ordinance Standards. He also stated developers have 3 years to complete improvements
such as paving streets, when developing a new subdivision. Ms. Reese questioned if there wasn’t any provision to control the dust. Mr. Burich stated developers are required to keep the
streets free of mud, however, there is no provision to prevent dust from gravel streets. Cheryl Spaulding, 3295 Meadow Brook Road, stated she had understood engineers would be speaking
at this meeting regarding the option of extending John Moore Drive and Rebecca Run, and was disappointed this wasn’t the case. Mr. Burich stated there is no need for an engineer to speak
to the issue because it would be possible to extend the streets. He stated John Moore Drive and Rebecca Run can both be extended, however, the preliminary plat was approved as proposed
and engineering plans were developed based on the preliminary plat. Ms. Spaulding then stated she had 14 reasons not to extend Meadow Brook Road and no reasons for the extension. She
proceeded to distribute a handout of a map she had designed with John Moore Drive extending to Heidi Haven Drive and Meadow Brook Road ending in the Town of Algoma with 2 lots platted
in place of the stub which would be located in the City. Ms. Spaulding stated larger lots in the proposed subdivision would be nicer to coincide with theirs, and she proceeded to state
reasons why Meadow Brook Road should not be extended. She stated a petition was signed by property owners on Meadow Brook Road and Linden Oak Drive opposing the extension, the Town of
Algoma was also opposed to the extension, it would be a detriment to property values and their current way of life, and she was opposed to the proposed subdivision having so many cul-de-sacs
when they would not be allowed to have the same benefit of less traffic and a quieter way of life. She went on to say the extension of Meadow Brook Road would serve no purpose. She stated
there are 6 houses in the area that have been there for approximately 30 years with no complaints from the Town regarding services. She stated the design of the intersection at Meadow
Brook and Heidi Haven was unsafe as a corner was located was too close for oncoming traffic. She stated if the design were to be changed, Mr. Rusch would gain 2 lots, which would contribute
to the City’s tax rolls. In conclusion she stated taxpayers would be paying for the extension of Meadow Brook Road through the need to purchase private property. Mr. Achterberg, 3290
Meadow Brook Road, stated he has 214 feet of personal property that would be effected by this development and he only sees the Plan Commission wanting to move it forward. He continued
by reading a letter the area’s lawyer had sent to Mr. Rusch dated September 17, 2001. He stated the Town of Algoma shares their concerns and stated he has been told Meadow Brook Road
was not designed to handle the amount of traffic it would take on if it were to be extended to the proposed subdivision. Mr. Achterberg stated he has brought up this subject since 1991
and has been told to wait until the timeframe for the extension was a closer possibility. Mr. Achterberg went on to discuss the concerns of water in phase I of Mr. Rusch’s subdivision
and how that isn’t an issue any longer. He stated they would have to deal with a water issue to cross Meadow Brook Road as well.
Plan Commission Minutes -3-May 4, 2004 Dan Binder, 3277 Meadow Brook Road, pointed out on the map as displayed, the ditch that runs along their east boundary line near Meadow Brook Road.
He pointed out another ditch that takes water underground the full length of Homestead Drive and empties into the golf course. He stated he didn’t see any problem extending John Moore
Drive, as they’d have to deal with a water problem in either case. Mr. Binder stated the developers should get together and plan these subdivisions for points of egress and ingress instead
of expecting to extend through private property. He also stated he had talked with emergency personnel who have told him it was easier to respond down a dead end street than to find
their way through all the turns and bends in these new subdivisions. Cheryl Spaulding stated she would like to hear one solid reason to extend Meadow Brook Road. Tim Rusch, 1400 Broaderick
Road, Omro, stated this subdivision was designed with different sizes of lots because not everyone can afford a large lot and big home. He stated Pheasant Creek Road runs straight through
and the traffic flow is very fast. He stated this subdivision has been designed to add character and family safety with curves and turns to slow down traffic. He stated they have cul-desacs
for larger homes, and dead end streets for privacy. He stated they have diversified this development to offer an affordable home for all lifestyles. Cheryl Spaulding stated she wanted
to thank Mr. Rusch for pointing out the same reasons they value their subdivision as it was a great testimony to why Linden Oaks and Meadow Brook Road should remain they way they are.
Sue Mars, 955 Pheasant Creek Drive, stated she is concerned about the traffic on Pheasant Creek Drive and would like to see the subdivision redrawn to connect John Moore Drive to Heidi
Haven. She stated she agreed with Mr. Rusch that Pheasant Creek Drive was a like a runway at the present time. David Patek, City of Oshkosh Director of Public Works, 215 Church Street,
made reference to Ms. Spaulding’s question of there being any benefit to connecting Meadow Brook Road by referencing page 2, first paragraph of the Staff Report that explains that benefit
very well. Next Mr. Patek used an example of the area between Hunters Place and Homestead Drive where the Town of Algoma and the City of Oshkosh did not work together to provide proper
planning for the area. He stated this subdivision has good alignment and there are many benefits of making a connection with Meadow Brook Road. Mr. Ruppenthal questioned if a culvert
would be adequate to handle the water if John Moore Drive were to be extended. Mr. Patek stated he couldn’t answer that question at this time, but it could probably be figured out. He
stated it is good to have intersections spaced further apart than John Moore Drive and Pheasant Creek Drive and even if John Moore Drive were extended that would still leave the drainage
problem in the area of Linden Oaks Drive and Meadow Brook Road.
Plan Commission Minutes -4-May 4, 2004 Mr. Ruppenthal stated this neighborhood has been in existence for over 30 years and questioned if it wouldn’t be better for the developer to be
self contained and provide for their own access rather than interfere with the neighborhood to the west. Mr. Patek disagreed with Mr. Ruppenthal’s analysis. He again used the Hunter’s
Place and Homestead Drive area as an example stating they would be creating that kind of drainage problem. Mr. Gehling questioned if the issue wasn’t getting across Sawyer Creek, forcing
traffic to the west. Mr. Patek stated Sawyer Creek was an issue and he stated the Department of Natural Resources probably wouldn’t allow Sawyer Creek to be crossed between Clairville
Road and Oakwood Drive onto 9th Avenue. Mr. Gehling questioned if the City had the petition referred to by Ms. Spaulding. Mrs. Rand stated the petition was on file in the Department
of Community Development. Mr. Ruppenthal stated the connection couldn’t be made until the property would come into the City, and that may be 20 years. Mr. Burich stated that the property
could come into the City at any time, and it wasn’t unusual for a street stub to remain that way for many years. Mr. Weinsheim questioned if it was possible to install the water main
without the street. Mr. Burich stated an easement would be needed. Mr. Borsuk stated although he is sensitive to the needs of the neighbors, and their most cherished possession being
their land, the Commission needed to look at good planning and staff has explained the benefits of the subdivision being laid out in this manner in the Staff Report. He stated this subdivision
should be approved as is to allow for the provision of getting the street officially mapped to acquire right-of-way. Mrs. Propp stated she was expecting a discussion on long range planning
of the area and the official mapping of Rebecca Run, and was disappointed there wasn’t an engineering representative to talk on this issue. Mr. Burich stated the Plan Commission would
be the the review authority for how the lands to the west are developed through the platting process so there isn’t a need to officially map that area at this time. Mrs. Scherer questioned
what land the City owned on Clairville Road and if they typically mapped out streets. Mr. Burich stated the City doesn’t own any land on Clairville Road, but the area would come under
the City’s subdivision review authority and that the City doesn’t usually official map local streets in undeveloped areas. Mrs. Propp stated she didn’t feel the Plan Commission should
ask the developer to redraw the plat because he worked in good faith with the City Engineer’s to lay out the lots according to drainage issues. She stated it is consistent with the preliminary
plat, and not approving the plat at this point could raise some legal questions. Mr. Bain stated further development should be looked at closely in this area to consider if Linden Oaks
should extend south or Meadow Brooks should extend west. He stated he feels the vote should be be taken on the proposal as it stands now.
Plan Commission Minutes -5-May 4, 2004 Ms. Mattox stated if was unfair to tell people how the City’s plans are going to have an affect on the life they’ve developed. She stated she wouldn’t
support the proposal and maybe in 20 years this could be discussed again. Mr. Bain stated to vote on the proposal as is doesn’t mean the streets will be connected. Chairman Bettes explained
the steps that would need to be taken to get Meadow Brooks Road extended to the west. Motion by Borsuk for approval of the final plat for the Second Addition to Pheasant Creek Farm subject
to the following conditions: 1) Stormwater management and public utility easements required by the Department of Public Works for improvements to the plat are to be provided prior to
consideration by the Common Council. 2) Service providers must approve all street names prior to recording. 3) Final covenant language pertaining to public utility and stormwater detention
areas to be approved by the Planning Services Division prior to recording of the plat. Seconded by Scherer. Motion carried 7-2. Nays: Mattox and Ruppenthal. Mr. Binder asked when this
would be going to the Common Council for approval. Mr. Burich stated he didn’t know at this time but would make sure someone is notified of the date. III: ZONE CHANGE AT 3764 JACKSON
STREET FROM R-1 SINGLE FAMILY RESIDENCE DISTRICT TO C-1PD NEIGHBORHOOD COMMERCIAL DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY King/Clift Auto Sales, petitioner for Robert Retzlaff, owner,
requests approval of a zone change for property located at 3764 Jackson Street from R-1 Single Family Residence District to C-1PD Neighborhood Commercial District with a Planned Development
Overlay District. The approximate 64,000 square foot property contains a single family dwelling, a garage, a shed, and large utility building. The petitioner is requesting the zone change
to allow for automobile sales. Mrs. Scherer questioned why R-1 zoning was designated for a major road. Chairman Bettes stated years ago Jackson Street was not a major road, but now has
become a commercial corridor. Motion by Ruppenthal for approval of a zone change for property located at 3764 Jackson Street from R-1 Single Family Residence District to C-1PD Neighborhood
Business District with a Planned Development Overlay District. Seconded by Borsuk. Motion carried 9-0. OTHER BUSINESS Chairman Bettes welcomed the new Plan Commission member, John Weinsheim,
and asked him to introduce himself along with introductions from the rest of the Plan Commission and staff.
Plan Commission Minutes -6-May 4, 2004 Chairman Bettes questioned if the University would be making a presentation to the Commission in two weeks. Mr. Burich stated they were originally
scheduled for today, and he is working on rescheduling the presentation. Chairman Bettes questioned if the Plan Commission agenda was posted on the City’s Cable Access Channel. Mr. Burich
stated it should be showing up on their bulletin board that is posted on the channel. Mr. Burich stated he has also looked into providing other types of signage on subject properties.
He showed two examples of signage used in the area and was still looking at costs and budgeting for 2005. He was also having the Department of Transportation, which makes City signs,
reviewing the matter. Chairman Bettes announced that the next Comprehensive Plan Update Committee (CPUC) meeting would be held on Monday, May 24, and urged the Plan Commission to attend.
Mr. Borsuk stated it has come to his attention, through work done by Fond du Lac County, for a a component of the Comprehensive Plan to deal with the environment, landscaping and planting
of trees. Mr. Burich stated there is a Tree Preservation Program that will most likely be discussed when that element of the Comprehensive Plan is discussed further. Ms. Mattox stated
Kevin Westphal, from the Forestry Division, had written an Ordinance to be adopted on “Trees, Our Urban Forest”. Mr. Burich stated that would most likely be discussed further by the
CPUC committee for development of a tree preservation ordinance. There being no further business, the meeting adjourned at approximately 5:08 p.m. (Gehling/Propp) Unanimous. Respectfully
submitted, DARRYN L. BURICH Director of Planning Services DLB/vlr