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HomeMy WebLinkAboutMinutes PLAN COMMISSION MINUTES APRIL 20, 2004 PRESENT: Bryan Bain, David Borsuk, Jon Dell’Antonia, Shirley Mattox, Kathleen Propp, John Ruppenthal, Cathy Scherer, and Lee Bettes; Chairman EXCUSED: Steven Gehling 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 6, 2004 meeting were approved as mailed. (Ruppenthal/Dell’Antonia) Unanimous. I: CONDITIONAL USE PERMIT TO EXPAND A CHILDCARE CENTER AT 1260 N. WESTFIELD STREET This item was laid over from the April 6, 2004 Plan Commission meeting to allow the petitioner to submit additional information regarding the proposed building elevations. Davis Child Care Center, petitioner/owner, requests conditional use permit approval to expand its childcare facilities at 1260 N. Westfield Street. It is proposed to construct an approximate 8,400 square foot addition to the front of of one of two existing buildings. The subject development is comprised of two tax parcels encompassing approximately 6.4 acres and containing two structures used to provide childcare services. The properties are zoned R-2 Two Family Residence district that allows such operations only through conditional use permit. Davis Child Care was issued a CUP in 1990 to construct the childcare facility at 1260 N. Westfield Street. Mr. Burich introduced the item noting a modification to condition number three in the Staff Report. Mr. Ruppenthal questioned if the City would secure a sidewalk easement at this time for Oshkosh Avenue or wait until Oshkosh Avenue is reconstructed. Mr. Burich stated an easement would be secured at this time. Clark Meyer, Larson/Meyer Architects, stated the addition would be constructed with similar materials as the exterior of the existing structure. He stated to provide a focal point for the entry area a blue turret is proposed. He stated the same elements such as the gable roof would be used and they have taken steps to eliminate drainage problems they’ve had with the existing roof. He also stated the “White House” didn’t meet ADA requirements, and the new addition will meet all the ADA requirements in a single story design. Mr. Meyer stated there will be removal of trees, however they will replant the smaller trees and plant more trees to add to the beautification along Oshkosh Avenue. Mr. Borsuk questioned what surface treatments would be used. Mr. Clark stated split face block was used to make up the checkerboard pattern, vinyl siding, and asphalt shingles. He stated a skylight would be installed in the center of the activity center so the children would be able to enjoy outdoor type activities when the weather conditions didn’t allow them to be outside. Mr. Borsuk also questioned what material was used above the checkerboard design. Mr. Clark stated EFIS was used above the checkerboard design. Plan Commission Minutes -2-April 20, 2004 Ms. Mattox questioned if they planned to replace the lost trees with a similar type of tree, and if they would be planting 2 for 1. Mr. Clark stated they planned to plant the same type of tree, however, not the same size, and they would be meeting the ordinance requirements in regards to the landscaping. Ms. Mattox stated that this property has always provided a beautiful setting. Mr. Borsuk questioned why so many surface treatments were used, why they changed colors from red to blue, why they were going from existing brick to split face block, and why they needed a turret, as he felt this wasn’t compatible with the neighborhood or compatible with a gateway building. Mr. Clark stated with the gables on the lower elevation, customers wouldn’t know which door to use, therefore the turret was used as a focal point or way finding tool for the entrance. He stated they have used the same vinyl siding, and the same asphalt shingles. He stated they have changed the look to be more contemporary and noted the existing building wasn’t meeting their needs. Ann Heide, 323 South Park Avenue, teacher at Davis Child Care, stated she felt the new addition would fit into the neighborhood. She stated the land was given to a foundation to always have a facility for children, and feels this design is keeping up with the times. She also stated that many of the trees which had blown down in the storm were already dead, and it was probably good they are gone, as they won’t be a future threat to the area. Lisa Duff, 3151 Sawyer Creek Drive, stated she was a parent of 2 children attending the center, and noted the appropriateness of a request for an addition to a child care facility being the “Week of the Young Child”. She stated Davis Child Care needs this permit. She stated she is also an elementary school counselor and a quality childcare facility is very important to the social, emotional, and preacademic wellbeing of children. She stated this new facility would enable trained professionals professionals to develop children as the future generation who will be taking care of an increasingly elderly population. She stated the development of children far outweighs the external physical appearance of a building, and the sacrifice of a couple of trees is a small price to pay for the betterment of children. Lisa Angel, 3920 Summerview Drive, stated she was also a parent of a child who receives care at the “White House” facility. She stated they are lacking in many areas compared to other childcare facilities such as staff, safety and security. She stated this addition would be a benefit for years to come. She encouraged the approval of the permit even though trees would be lost. Chairman Bettes stated the concern the Commission had at the last meeting was not with the facility, or care the children receive, but with the architecture of a property that was an important part of the Gateway to Oshkosh. He explained the Commission wanted to ensure the addition had the appearance the City could be proud proud of, and the Architect was not at the last meeting to answer their questions. Motion by Dell’Antonia for approval to construct an 8,400 square foot addition to the front of one of two existing buildings at 1260 N. Westfield Street, found to be consistent with the Standards set forth in Section 30-11 (D) of the Zoning Ordinance subject to the following conditions: 1) The two properties involved in the request be combined to one property. 2) The parking lot perimeter of the proposed new parking areas be landscaped in accordance with Section 30-35 (3) of the Zoning Ordinance. Plan Commission Minutes -3-April 20, 2004 3) As recommended by the Department of Public Works, installation of a 5 foot wide sidewalk along N. Eagle Street and the provision of a minimum 2 foot wide sidewalk easement be completed prior to issuance of an occupancy permit for the new addition. 4) Provide a stormwater basin easement to accommodate displacement of the existing stormwater basin that will be removed by the provision of the sidewalk along Eagle Street. 5) Provide a 5 foot wide sidewalk easement in locations along Oshkosh Avenue where no terrace is present. Seconded by Scherer. Mr. Borsuk stated he feels the appearance of the addition is not aesthetically pleasing to the surrounding neighborhood, and commented on a similar situation on Ohio Street that came before the Commission. He stated he would not support the addition because of its proposed appearance located on a gateway into the City. Ms. Mattox stated she has taught school for 35 years, and feels the environment is extremely important, whether inside or outside. She stated she wasn’t upset, but wanted to bring awareness that a community thrives in a beautiful environment, and feels the environment is very important to a good day care. Motion carried 6-1-1P. Nay – Borsuk, Bain voting present. II: ZONE CHANGE TO APPLY A PLANNED DEVELOPMENT OVERLAY DISTRICT TO A C-2 GENERAL COMMERCIAL DISTRICT PROPERTY; CONDITIONAL USE PERMIT/PLANNED DEVELOPMENT REVIEW FOR A THEATRE EXPANSION AT 340 S. KOELLER STREET Oshkosh Theatres Corporation, petitioner/owner, is requesting two actions of the Plan Commission that will allow for an addition to the existing building to add three new movie screen auditoriums with approximately 297 seats. The first action requested is a zone change to apply the PD Overlay District to the base parcel containing the theatre structure that is zoned C-2 General Commercial District with a Highway 41 Corridor Overlay. The second action is a conditional use permit/development plan review to allow the expansion to occur with base standard modifications requested. Plan Commission Minutes -4-April 20, 2004 Mr. Burich introduced the item noting that elevations have changed slightly since the Commission had received information. He stated they have added architectural features to break up the long white wall and moved signage to the middle of the wall. Mrs. Scherer questioned if more parking spaces would be added. Mr. Burich stated that parking spaces were not proposed to be added or was the availability of parking an issue for this project because of the cross-access parking arrangement. Roger Phillips, Schroeder Architect, 244 N. Broadway, Milwaukee, stated they have planned for more landscaping and the features they have added to enhance the building are of the same type of design as the Marcus style design at the entryway. Mrs. Propp questioned if the existing drive and traffic pattern on the west would remain the same. Mr. Phillips stated there would be no change to the existing entrance to the parking lots. Ms. Mattox questioned is the handicapped stalls had been replaced. Mr. Phillips pointed out the handicapped stalls located to the east of the main entrance of the theatre, on the map displayed. Motion by Dell’Antonia for approval of a zone change to apply the PD Overlay District to the base parcel containing the theatre structure that is zoned C-2 General Commercial District with a Highway 41 Corridor Overlay, and approval of a conditional use permit/development plan review to place an approximate 10,000 square foot addition to the north side of the theatre at 340 S. Koeller Street found to be in compliance with the Standards set forth in Section 30-11 (D) and 30-33 (E)(3)(b) of the Zoning Ordinance subject to the following conditions: 1) All new and existing mechanical appurtenances be screened in accordance with Section 30-35(I)(5) of the Zoning Ordinance. 2) Petitioner to provide the cross-access parking agreement indicating the compliant amount of parking spaces will be provided to account for any loss of parking on the subject property. 3) The front yard setback shall be no closer than the existing structure’s setback. 4) The two tax parcels encompassing the theatre development be combined to one tax parcel. 5) All landscaping displaced as part of the expansion project is to be replaced and included in a revised landscaping plan. Increased level of foundation plantings be provided along west elevation 6) Storm easement along Koeller Street be modified to allow pedestrian access. Seconded by Mattox. Motion carried 7-1P. Bain voting present. Plan Commission Minutes -5-April 20, 2004 III: FINAL PLAT – SECOND ADDITION TO PHEASANT CREEK FARM: 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. Mrs. Scherer questioned Mr. Burich as to his statement regarding discouraging the use of cul de sacs. Mr. Burich explained cul de sacs don’t provide good traffic and pedestrian circulation and are less efficient from a service provider standpoint, especially emergency services. Mrs. Scherer questioned if the new parkland dedication fees applied to this plat. Mr. Burich stated that the new fees would apply. Mr. Borsuk questioned if the City could officially map Meadow Brook Drive. Mr. Burich stated that could be done and would need to come back to the Plan Commission at a later time to discuss that issue. Mrs. Propp questioned what would happen to lands not in the City limits in this area, with the boundary agreement between the City and the Town of Algoma. Mr. Burich stated the land in that area would be attached to the City in specified time periods but was unsure as to the exact date when the lands to the east would come into the City. Ms. Mattox stated there was already a Meadow Brook Court off of Witzel Avenue. Mr. Burich stated the City couldn’t change a town road name at this time but the proposed street stub in the plat shouldn’t create a problem for emergency services due to addressing. Dan Binder, 3277 Meadow Brook Road, stated that this meeting looked like just a formality, and everything looked in place. He made reference to a letter their attorney had sent to Mr. Rusch, and copied to the City Manager, and the Director of Community Development of the City of Oshkosh regarding Mr. Rusch extending a road from the Second Addition to Pheasant Creek Farm to Meadow Brook Road, noting the road doesn’t extend to the City limits, and that private property is between the end of the road and city limits. Mr. Binder stated the deed shows the road is 214􀁲’ short of Mr. Rusch’s property line. He stated he and the neighbor would have to sign over their deeds in order to connect Meadow Brook Road to Mr. Rusch’s subdivision. Mr. Binder discussed the waterways and the number of cul de sacs in Mr. Rusch’s subdivision and how they must be worth more money designed in that way. He suggested running John Moore Drive to Heidi Haven Drive and not ending John Moore Drive in a cul de sac. Sheryl Spaulding, 3295 Meadow Brook Rd., questioned why no one has responded to the letter from their attorney. She stated she was hoping for better cooperation. She questioned why the road should go through and felt that retaining the cul de sac would make her property more valuable. She stated extending the road would have a negative impact on the resale of their property, financially and aesthetically. She stated the size of their lots on Meadow Brook Road are one acre, and six of Mr. Rusch’s lots could fit into one of theirs. Ms. Spaulding stated this would be an overlapping of jurisdictions and she was here on behalf of the neighborhood, and any efforts by the City to extend Meadow Brook Road would meet with opposition, as there was 100% backing from the neighborhood. Ms. Spaulding stated she could see no benefit by having Meadow Brook Road extended. Plan Commission Minutes -6-April 20, 2004 Ms. Spaulding stated Mr. Rusch could actually design another lot in that area. She also noted Rebecca Run would eventually extend to Clairville Road for another outlot from the subdivision. Mr. Borsuk stated he understood the neighbors concerns, however, the issue before the Plan Commission today had nothing to do with the actual road connection. Ms. Spaulding stated she did not understand why it didn’t since this was the final plat to be approved. Chairman Bettes stated a separate legal action would have to be taken in order for the road to be extended. Ms. Spaulding also stated when she purchased the property she was shown a map with Meadow Brook Road ending in a cul de sac, and felt this was extremely important in order to maintain the private lifestyle they were currently enjoying. Mr. Achterburg, 3290 Meadow Brook Road, made reference to Chairman Bettes’ notation of the land at the end of Meadow Brook Road being just land. He stated the land was cherished, is personal property and important to the Country, and is why our Country is free. He asked the Commission to understand their passion for this area. He invited the Commission to come and see the beauty of the area, how well maintained it is, and the size of the lots in the area. Mr. Achterburg also made reference to the number of cul de sacs in the final plat, and noted the City preferred to stay away from cul de sac designs. He stated there are family homesteads on Meadow Brook Road, many trees have been planted, and questioned how the Plan Commission could agree to phase II of this subdivision with 214+ feet of personal property at the end of Meadow Brook Road. He stated this would mean that someone would have to take the land from them by force, which he didn’t feel would be right. He also noted the width of the road amounted to one piece of property. He stated Mr. Rusch could make another lot in that area or put in another cul de sac. Sue Mars, 955 Pheasant Creek Drive, stated she has lived there for 9 years and is concerned about the amount of traffic on Pheasant Creek Drive, being the only outlet for all these lots. She questioned if John Moore Drive could be connected to Heidi Haven for another outlet. Mr. Binder stated the boundary agreement between the Town of Algoma and the City of Oshkosh for their land to come into the City is 20 years. Tom Rusch, 3807A State Rd. 21, stated he put so many cul de sacs into this subdivision because that was the only way it could be developed around the wetlands. He stated John Moore Drive was laid out in this manner because of the drainage area. Mr. Dell’Antonia stated there is only two ways out of this subdivision which has a lot of homes and questioned if there was any other egress. Mr. Rusch stated there would be more points of egress as the land develops towards Clairville Road and 9th Avenue. Ms. Mattox questioned why John Moore Drive ended in a cul de sac. Mr. Rusch stated that was the natural area for drainage. He noted they have been working on this design for the area over the last 4-5 years. Mr. Ruppenthal asked how difficult it would be for Mr. Rusch to abandon that stub of Meadow Brook Road and develop the land as another lot. Mr. Rusch stated it could be done. Plan Commission Minutes -7-April 20, 2004 Sheryl Spaulding stated there are alternate routes for the water to go and huge deep ditch’s along 9th Avenue can also handle the drainage. Discussion followed on how the area would benefit from the connection to Meadow Brook Road for better traffic circulation, how to connect John Moore Drive to Heidi Haven Drive, and the recommendation of the City engineers and private engineers to lay out the subdivision in this manner. Mr. Burich reminded the Plan Commission that the Preliminary Plat for the Second Addition to Pheasant Creek Farm has already been approved by the Plan Commission and Common Council and that the final plat was designed and laid out in compliance with the original layout. Mr. Ruppenthal stated that Rebecca Run will be connecting with Clairville Road in time, and they should look at officially mapping that road and eliminate the Meadow Brook Road stub. Mrs. Propp agreed that Rebecca Run should be officially mapped if Meadow Brook wasn’t going to be. She stated Mr. Rusch has developed the subdivision according to the City Engineers and his privately hired engineer and we shouldn’t be second guessing the layout at this time. She stated that perhaps Mr. Patek, the Director of Public Works, would be able to address this issue. She also stated she was sympathetic to the surrounding property owners and felt there should have been some response to the letter sent by their attorney. Mrs. Propp stated that if a road was to be officially mapped and the City was to take their property it would be by eminent domain and would be compensated for. She stated the official mapping issue should be dealt with further, but at this time she felt the final plat should be approved and forwarded to the Common Council. Mr. Borsuk agreed that the final plat should be accepted as is, and the official mapping issue should be reviewed once the plat is recorded. Mr. Dell’Antonia stated he would like to amend the final plat to eliminate the stub and officially map Rebecca Run. Mrs. Scherer stated she liked what Mrs. Propp stated about this issue being explained by the City Engineers and Mr. Rusch’s engineer before they make any decision to eliminate the stub. Chairman Bettes stated there are two issues, John Moore Drive, and the stub on Meadow Brook Road to be discussed. Motion by Ruppenthal for approval of a final plat for the Second Addition to Pheasant Creek Farm as proposed with the elimination of the Meadow Brook stub. Seconded by Mattox. Motion denied 3-5. Nays: Bain, Borsuk, Propp, Scherer, and Bettes. Motion by Propp to lay over the item to have engineers and planning staff discuss how important this Meadow Brook Road may be to the long range planning of the area, along with the lay out of John Moore Drive and a possible official mapping of Rebecca Run. Seconded by Mattox. Plan Commission Minutes -8-April 20, 2004 Mr. Borsuk stated that in the past the Plan Commission has required an overall development plan to be submitted to answer any questions regarding long range development. He also stated another issue to look at is where the town and city streets can connect when large development plans are looked at. Motion carried 7-1. Nay: Ruppenthal. OTHER BUSINESS Mr. Borsuk stated in the past he has asked staff to address the issue of notification, as to whether signage or other means should be used for pending action, and has not heard any response to that issue. Discussion followed on the use of signage and having the cable access channel display the Plan Commission Agenda for upcoming meetings. Chairman Bettes announced that the next Comprehensive Plan Update Committee (CPUC) meeting would be held on Monday, April 26, and urged the Plan Commission to attend. Chairman Bettes welcomed the new Plan Commission member, Bryan Bain, and asked him to introduce himself along with introductions from the rest of the Plan Commission and staff. There being no further business, the meeting adjourned at approximately 5:35 p.m. (Ruppenthal/Scherer) Unanimous. Respectfully submitted, DARRYN L. BURICH Director of Planning Services DLB/vlr